[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 59 Enrolled Bill (ENR)]
S.59
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty four
An Act
To implement merit-based reforms to the civil service hiring system that
replace degree-based hiring with skills- and competency-based hiring.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chance to Compete Act of 2024''.
SEC. 2. DEFINITIONS.
(a) Amendatory Definitions.--
(1) In general.--Section 3304 of title 5, United States Code,
is amended--
(A) by redesignating subsections (b) through (g) as
subsections (h) through (m), respectively;
(B) by redesignating subsection (a) as subsection (b); and
(C) by inserting before subsection (b), as so redesignated,
the following:
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means an Executive agency.
``(2) Director.--The term `Director' means the Director of the
Office.
``(3) Examination.--The term `examination' means the process by
which an applicant demonstrates knowledge, skills, abilities, and
competencies.
``(4) Examining agency.--The term `examining agency' means--
``(A) the Office; or
``(B) an agency to which the Director has delegated
examining authority under section 1104(a)(2).
``(5) Office.--The term `Office' means the Office of Personnel
Management.
``(6) Passing score.--The term `passing score' means a minimum
acceptable score or rating, consistent with applicable law, that
may include a quantitative or qualitative assessment that an
applicant can pass or fail.
``(7) Relevant committees.--The term `relevant committees'
means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(B) the Committee on Oversight and Accountability of the
House of Representatives.
``(8) Subject matter expert.--The term `subject matter expert'
means an employee or selecting official--
``(A) who possesses an understanding of the duties of, and
knowledge, skills, and abilities required for, the position for
which the employee or selecting official is developing or
administering an examination; and
``(B) whom the delegated examining unit of the examining
agency that employs the employee or selecting official
designates to assist in the development and administration of
technical assessments.
``(9) Technical assessment.--The term `technical assessment'
means a position-specific tool that is relevant to the position for
which the tool is developed that--
``(A) allows for the demonstration of job-related skills,
abilities, knowledge, and competencies;
``(B) is based upon a job analysis; and
``(C) does not solely include or principally rely upon a
self-assessment from an automated examination.''.
(2) Technical and conforming amendments.--
(A) Title 5, united states code.--Part III of title 5,
United States Code, is amended--
(i) in chapter 33--
(I) in section 3302(2), by striking ``3304(a)'' and
inserting ``3304(b)''; and
(II) in section 3330a(a)(1)(B), by striking
``3304(f)(1)'' and inserting ``3304(l)(1)''; and
(ii) in section 9810(b), by striking ``3304(b)'' and
inserting ``3304(h)''.
(B) Act to establish a commission on security and
cooperation in europe.--Section 8(d)(2) of the Act entitled,
``An Act to establish a Commission on Security and Cooperation
in Europe'', approved June 3, 1976 (22 U.S.C. 3008(d)(2)) is
amended by striking ``3304(c)(1)'' and inserting
``3304(i)(1)''.
(C) U.S.-China relations act of 2000.--Section 308(e)(2) of
the U.S.-China Relations Act of 2000 (22 U.S.C. 6918(e)(2)) is
amended by striking ``3304(c)(1)'' and inserting
``3304(i)(1)''.
(D) Energy independence and security act of 2007.--Section
136(i)(1) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17013(i)(1)) is amended by striking ``3304(a)(3)''
and inserting ``3304(b)(3)''.
(E) Subsection headings.--Section 3304 of title 5, United
States Code, as amended by paragraph (1) of this subsection, is
amended--
(i) in subsection (b), by striking ``The President''
and inserting ``Rules.--The President'';
(ii) in subsection (h), by striking ``An individual''
and inserting ``Examination or Exception Required.--An
individual'';
(iii) in subsection (i), by striking ``(1) For the
purpose'' and inserting ``Technicians.--(1) For the
purpose'';
(iv) in subsection (j), by striking ``The Office'' and
inserting ``Consideration of Experience.--The office'';
(v) in subsection (k), by striking ``Employees'' and
inserting ``Use of Public Buildings.--Employees''; and
(vi) in subsection (l), by striking ``(1) Preference
eligibles or veterans'' and inserting ``Preference
Eligibles and Veterans.--(1) Preference eligibles or
veterans''.
(b) Freestanding Definitions.--In this Act--
(1) each term that is defined in section 3304(a) of title 5,
United States Code, as added by subsection (a) of this section,
shall have the meaning given the term in such section 3304(a); and
(2) the term ``competitive service'' has the meaning given the
term in section 2102 of title 5, United States Code.
SEC. 3. MODERNIZING FEDERAL HIRING.
Section 3304 of title 5, United States Code, is amended by
inserting after subsection (b), as redesignated by section 2, the
following:
``(c) Examinations.--
``(1) In general.--For the purpose of testing applicants for
appointment for a position, or class of positions, in the
competitive service, an examining agency shall conduct an
examination pursuant to subsection (b).
``(2) Interim examination period.--
``(A) Preference for technical assessment.--During the 3-
year period beginning on the date of enactment of the Chance to
Compete Act of 2024, an examining agency shall preference the
use of a technical assessment, to the maximum extent
practicable, to assess the job-related skills, abilities,
knowledge, and competencies of an applicant for a position in
the competitive service.
``(B) Use of alternative assessment.--During the 3-year
period beginning on the date of enactment of the Chance to
Compete Act of 2024, if an examining agency determines that the
use of a technical assessment to assess the job-related skills,
abilities, knowledge, and competencies of an applicant for a
position in the competitive service is not practicable, the
examining agency may use an alternative assessment for that
purpose if the examining agency includes a brief description of
the rationale for the use of the alternative assessment in the
job posting.
``(3) Transition planning.--
``(A) In general.--Not later 18 months after the date of
enactment of the Chance to Compete Act of 2024, the Director
shall submit to the relevant committees a plan to transition
Federal hiring practices to adopt technical assessments in
accordance with subsection (d), which shall include--
``(i) the prioritization of--
``(I) job classifications; and
``(II) resource requirements; and
``(ii) a timeline for full implementation of the
transition.
``(B) Additional consultation.--In developing the plan
under subparagraph (A), the Director shall consult with, at
minimum--
``(i) the Director of the Office of Management and
Budget;
``(ii) the Chair of the Chief Human Capital Officers
Council;
``(iii) employee representatives; and
``(iv) relevant external stakeholders.
``(4) Implementation of technical assessments.--
``(A) Implementation of plan.--Not later than 3 years after
the date of enactment of the Chance to Compete Act of 2024, the
Director shall implement the plan submitted under paragraph
(3).
``(B) Adoption of technical assessments.--On and after the
date that is 3 years after the date of enactment of the Chance
to Compete Act of 2024, an examining agency shall use a
technical assessment to examine applicants for positions in the
competitive service in accordance with subsection (d).
``(C) Waiver.--
``(i) In general.--The requirement under subparagraph
(B) shall not apply to an examining agency with respect to
a particular job series if--
``(I) the examining agency determines that use of a
technical assessment is impracticable for the job
series; and
``(II) the head of the examining agency submits to
the Director and the relevant committees a
certification that use of the technical assessment is
impracticable, which certification shall include--
``(aa) identification of the job series;
``(bb) identification of the number of
positions that are included in the job series
within the agency for which the examining agency is
conducting examinations; and
``(cc) a description of the rationale for the
determination.
``(ii) Effectiveness of waiver.--A waiver under this
subparagraph shall be effective for the period--
``(I) beginning on the date that is 1 day after the
date on which the applicable certification is submitted
under clause (i)(II); and
``(II) ending on the date that is 3 years after the
date on which the applicable certification is submitted
under clause (i)(II).
``(iii) No delegation of certification authority.--The
head of an examining agency may not delegate the authority
to submit a certification under clause (i)(II).
``(d) Technical Assessment.--
``(1) In general.--For the purpose of conducting an examination
for a position in the competitive service, an individual who is
determined by an examining agency to be a subject matter expert in
the subject and job field of the position may--
``(A) develop, in partnership with human resources
employees of the examining agency, a position-specific
assessment that is relevant to the position, based on job
analysis, which may include--
``(i) a structured interview;
``(ii) a work-related exercise;
``(iii) a custom or generic procedure used to measure
an applicant's employment or career-related qualifications
and interests; or
``(iv) another assessment that--
``(I) allows for the demonstration of job-related
technical skills, abilities, and knowledge; and
``(II) is relevant to the position for which the
assessment is developed; and
``(B) administer the assessment developed under
subparagraph (A) to--
``(i) determine whether an applicant for the position
has a passing score to be qualified for the position; or
``(ii) rank applicants for the position for category
rating purposes under section 3319.
``(2) Feasibility study on sharing and customization of
assessment.--Not later than 1 year after the date of enactment of
the Chance to Compete Act of 2024, the Director shall--
``(A) conduct a feasibility study that examines the
practicability, including a cost benefit analysis, of--
``(i) the sharing of technical assessments by an
examining agency with another examining agency;
``(ii) mechanisms for each examining agency to maintain
appropriate control over examination material that is
shared by the examining agency as described in clause (i);
``(iii) limits on customization of a technical
assessment that is shared as described in clause (i) and
mechanisms to ensure that the resulting technical
assessment satisfies the requirements under part 300 of
title 5, Code of Federal Regulations (or any successor
regulation); and
``(iv) the development of an online platform on which
examining agencies can share and customize technical
assessments as described in this subparagraph; and
``(B) submit to the relevant committees a report on the
study conducted under subparagraph (A).
``(e) Federal Agency Talent Teams.--
``(1) In general.--An agency may establish 1 or more agency
talent teams, including at the component level.
``(2) Duties.--An agency talent team shall provide hiring
support to the agency, including by--
``(A) improving examinations;
``(B) facilitating the writing of job announcements for the
competitive service;
``(C) sharing high-quality certificates of eligible
applicants; and
``(D) facilitating hiring for the competitive service using
examinations.
``(f) Office of Personnel Management Talent Team.--The Director may
establish a Federal talent team to support agency talent teams by--
``(1) facilitating hiring actions across the Federal
Government;
``(2) providing training;
``(3) creating tools and guides to facilitate hiring for the
competitive service; and
``(4) developing technical assessments.
``(g) Rulemaking.--The Director shall promulgate such regulations
as are necessary to implement and interpret this section.''.
SEC. 4. COMPETITIVE SERVICE CANDIDATE HIRING AND REFORM.
(a) Review.--
(1) In general.--The Director shall conduct a review of
examinations for hiring for each position in the competitive
service that an examining agency has determined requires a minimum
educational requirement because the position is of a scientific,
technical, or professional nature pursuant to section 3308 of title
5, United States Code, to determine whether data, evidence, or
other information justifies the need for educational requirements
for the position.
(2) Consultation.--In carrying out paragraph (1), the Director
shall consult with, at minimum--
(A) agencies, as deemed appropriate by the Director;
(B) employee representatives;
(C) external experts; and
(D) relevant stakeholders.
(b) Report on Hiring Practices.--Not later than 1 year after the
date of enactment of this Act, the Director shall submit to the
relevant committees recommendations to amend the hiring practices of
examining agencies in accordance with the findings of the review
conducted under subsection (a)(1).
SEC. 5. REPORTS.
(a) Implementation Reports.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter ending with the
fifth publication and submission of the report, the Director shall
publish on a public-facing website, and submit to the relevant
committees, a report that--
(A) examines the progress of examining agencies in
implementing the requirements of this Act and the amendments
made by this Act; and
(B) identifies any significant difficulties encountered in
the implementation described in subparagraph (A).
(2) Inclusion in annual report.--The Director may include the
report required under paragraph (1) as an addendum to the report
required under subsection (b).
(3) Delayed reporting.--If the Director is unable to publish
and submit the report within the timeline required under paragraph
(1), the Director shall publish on a public-facing website, and
submit to the relevant committees, a notification of the delay
that--
(A) provides a reason for the delay; and
(B) advises the public and the relevant committees of the
anticipated date of publication and submission of the report.
(b) Annual Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the Director shall
publish on a public-facing website and submit to the relevant
committees a report that, with respect to categories of positions
in the competitive service for which an examining agency examined
applicants during the applicable period, includes--
(A) the type of examination used; and
(B) summary data from examinations that are closed,
audited, and anonymous on the use of examinations for the
competitive service, including technical assessments.
(2) Demographic indicators.--In carrying out paragraph (1), the
Director shall break the data down by applicant demographic
indicators to facilitate direct comparability and trendline
comparisons to data available as of October 1, 2020, as a baseline.
(3) Limitations.--In carrying out this subsection, the Director
may only publish and submit to the relevant committees data
relating to examinations for which--
(A) the related announcement is closed;
(B) certificates have been audited; and
(C) all hiring processes are completed.
(4) Delayed reporting.--If the Director is unable to publish
and submit the report within the timeline required under paragraph
(1), the Director shall publish on a public-facing website, and
submit to the relevant committees, a notification of the delay
that--
(A) provides a reason for the delay; and
(B) advises the public and the relevant committees of the
anticipated date of publication and submission of the report.
(c) Provision of Data by Agencies.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director shall issue guidance to
examining agencies regarding the data that the Director needs from
the examining agencies in order to comply with subsections (a) and
(b).
(2) Reporting timelines.--Each examining agency shall provide
the data outlined in the guidance issued by the Director under
paragraph (1) on a quarterly basis.
SEC. 6. GAO REPORT.
Not later than 3 years after the date of enactment of this Act,
the Comptroller General of the United States shall submit to Congress a
report that--
(1) assesses the implementation of this Act and the amendments
made by this Act;
(2) assesses the impact of modifications made by this Act to
the hiring process for the competitive service under section 3304
of title 5, United States Code; and
(3) makes recommendations for the improvement of the hiring
process for the competitive service.
SEC. 7. EVALUATION FOR POTENTIAL UPDATES OR REVISIONS TO GOVERNMENT-
WIDE SYSTEMS OF RECORDS AT THE OFFICE OF PERSONNEL MANAGEMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Director shall evaluate whether the Government-wide
system of records notices, the OPM/GOVT-5 Recruiting, Examining, and
Placement Records, and the OPM/GOVT-6 Personnel Research and Test
Validation Records, or any successor materials thereto, require
updating or revision in order to support the implementation of this Act
and the amendments made by this Act.
(b) Issuance of Updates or Revisions; Notice to Congress.--If the
Director determines under subsection (a) that any updates or revisions
are necessary, the Director, in accordance with section 552a of title
5, United States Code (commonly known as the ``Privacy Act''), shall
promptly--
(1) issue the updates or revisions; and
(2) notify the relevant committees.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.