[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 59 Engrossed in Senate (ES)]
<DOC>
118th CONGRESS
2d Session
S. 59
_______________________________________________________________________
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.
Passed the Senate December 12, 2024.
Attest:
Secretary.
118th CONGRESS
2d Session
S. 59
_______________________________________________________________________
AN ACT
To implement merit-based reforms to the civil service hiring system
that replace degree-based hiring with skills- and competency-based
hiring.