[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 59 Reported in Senate (RS)]
<DOC>
Calendar No. 651
118th CONGRESS
2d Session
S. 59
[Report No. 118-250]
To implement merit-based reforms to the civil service hiring system
that replace degree-based hiring with skills- and competency-based
hiring.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Ms. Sinema (for herself, Mr. Hagerty, Mr. Lankford, and Mr. Carper)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
December 2, 2024
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Chance to Compete Act of
2023''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> (a) Terms Defined in Section 3304 of Title 5, United
States Code.--In this Act, the terms ``agency'', ``Director'',
``examining agency'', ``Office'', ``subject matter expert'', and
``technical assessment'' have the meanings given those terms in
subsection (c)(1) of section 3304 of title 5, United States Code, as
added by section 3(a).</DELETED>
<DELETED> (b) Other Terms.--In this Act, the term ``competitive
service'' has the meaning given the term in section 2102 of title 5,
United States Code.</DELETED>
<DELETED>SEC. 3. DEFINING THE TERM ``EXAMINATION'' FOR PURPOSES OF
HIRING IN THE COMPETITIVE SERVICE.</DELETED>
<DELETED> (a) Examinations; Technical Assessments.--</DELETED>
<DELETED> (1) In general.--Section 3304 of title 5, United
States Code, is amended--</DELETED>
<DELETED> (A) by redesignating subsections (c)
through (f) as subsections (d) through (g),
respectively; and</DELETED>
<DELETED> (B) by inserting after subsection (b) the
following:</DELETED>
<DELETED> ``(c) Examinations.--</DELETED>
<DELETED> ``(1) Definitions.--</DELETED>
<DELETED> ``(A) Examination defined for purposes of
this chapter.--For purposes of this chapter, the term
`examination'--</DELETED>
<DELETED> ``(i) means an opportunity to
directly demonstrate knowledge, skills,
abilities, and competencies, through a passing
score assessment;</DELETED>
<DELETED> ``(ii) includes a resume review
that is--</DELETED>
<DELETED> ``(I) conducted by a
subject matter expert; and</DELETED>
<DELETED> ``(II) based upon
indicators that--</DELETED>
<DELETED> ``(aa) are derived
from a job analysis;
and</DELETED>
<DELETED> ``(bb) bear a
rational relationship to
performance in the position for
which the examining agency is
hiring; and</DELETED>
<DELETED> ``(iii) on and after the date that
is 2 years after the date of enactment of the
Chance to Compete Act of 2023, does not include
a self-assessment from an automated
examination, a resume review (except as
provided in clause (ii)), or any other method
of determining the experience or level of
educational attainment of an individual,
alone.</DELETED>
<DELETED> ``(B) Other terms.--In this subsection--
</DELETED>
<DELETED> ``(i) the term `agency' means an
agency described in section 901(b) of title
31;</DELETED>
<DELETED> ``(ii) the term `Director' means
the Director of the Office;</DELETED>
<DELETED> ``(iii) the term `examining
agency' means--</DELETED>
<DELETED> ``(I) the Office;
or</DELETED>
<DELETED> ``(II) an agency to which
the Director has delegated examining
authority under section 1104(a)(2) of
this title;</DELETED>
<DELETED> ``(iv) the term `Office' means the
Office of Personnel Management;</DELETED>
<DELETED> ``(v) the term `passing score
assessment' means an assessment that an
individual can pass or fail;</DELETED>
<DELETED> ``(vi) the term `subject matter
expert' means an employee or selecting
official--</DELETED>
<DELETED> ``(I) who possesses
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
assessment; and</DELETED>
<DELETED> ``(II) whom the delegated
examining unit of the agency that
employs the employee or selecting
official designates to assist in the
development and administration of
technical assessments under paragraph
(2); and</DELETED>
<DELETED> ``(vii) the term `technical
assessment' means an assessment developed under
paragraph (2)(A)(i) that--</DELETED>
<DELETED> ``(I) allows for the
demonstration of job-related technical
skills, abilities, and
knowledge;</DELETED>
<DELETED> ``(II)(aa) is based upon a
job analysis;</DELETED>
<DELETED> ``(bb) is relevant to the
position for which the assessment is
developed; and</DELETED>
<DELETED> ``(cc) does not
discriminate on the basis of a
protected status, as established by the
Director in regulations implementing
this subsection; and</DELETED>
<DELETED> ``(III) may include--
</DELETED>
<DELETED> ``(aa) a
structured interview;</DELETED>
<DELETED> ``(bb) a work-
related exercise;</DELETED>
<DELETED> ``(cc) a custom or
generic procedure used to
measure an individual's
employment or career-related
qualifications and interests;
or</DELETED>
<DELETED> ``(dd) another
assessment that meets the
criteria under subclauses (I)
and (II).</DELETED>
<DELETED> ``(2) Technical assessments.--</DELETED>
<DELETED> ``(A) In general.--For the purpose of
conducting an examination for a position in the
competitive service, a subject matter expert who is
determined by the subject matter expert's agency to be
an expert in the subject and job field of the position,
as affirmed and audited by the Chief Human Capital
Officer or Human Resources Director (as applicable) of
that agency, may--</DELETED>
<DELETED> ``(i) develop, in partnership with
human resources employees of the examining
agency, a position-specific assessment that is
relevant to the position; and</DELETED>
<DELETED> ``(ii) administer the assessment
developed under clause (i) to--</DELETED>
<DELETED> ``(I) determine whether an
applicant for the position has a
passing score to be qualified for the
position; or</DELETED>
<DELETED> ``(II) rank applicants for
the position for category rating
purposes under section 3319.</DELETED>
<DELETED> ``(B) Sharing and customization of
assessments.--</DELETED>
<DELETED> ``(i) Sharing.--An examining
agency may share a technical assessment with
another examining agency if each agency
maintains appropriate control over examination
material.</DELETED>
<DELETED> ``(ii) Customization.--An
examining agency with which a technical
assessment is shared under clause (i) may
customize the assessment as appropriate,
provided that the resulting assessment
satisfies the requirements under part 300 of
title 5, Code of Federal Regulations (or any
successor regulation).</DELETED>
<DELETED> ``(iii) Platform for sharing and
customization.--</DELETED>
<DELETED> ``(I) In general.--The
Director shall establish and operate a
platform on which examining agencies
can share and customize technical
assessments under this
subparagraph.</DELETED>
<DELETED> ``(II) Guidance.--Not
later than 1 year after the date of
enactment of the Chance to Compete Act
of 2023, the Director shall issue
guidance to examining agencies on how
to efficiently and effectively share
assessments using the platform
established under subclause
(I).</DELETED>
<DELETED> ``(C) Adoption of determinations by other
agencies.--For purposes of sections 3318(b) and
3319(c), an appointing authority, other than the
appointing authority requesting a certificate of
eligibles, that selects an individual from that
certificate in accordance with such section 3318(b) or
3319(c) may adopt the determination described in
subparagraph (A) of this paragraph of a subject matter
expert employed by the requesting appointing authority
instead of administering an additional technical
assessment of the individual.''.</DELETED>
<DELETED> (2) Alternative ranking and selection
procedures.--Section 3319(a) of title 5, United States Code, is
amended by adding at the end the following: ``To be placed in a
quality category under the preceding sentence, an applicant
shall be required to have passed an examination in accordance
with section 3304(b), subject to the exceptions in that
section.''.</DELETED>
<DELETED> (3) Technical and conforming amendment.--Section
3330a(a)(1)(B) of title 5, United States Code, is amended by
striking ``section 3304(f)(1)'' and inserting ``section
3304(g)(1)''.</DELETED>
<DELETED> (b) Implementation of Passing Score Assessment
Requirement.--Not later than 2 years after the date of enactment of
this Act, the Director and the head of any other examining agency shall
eliminate the use of any examination for the competitive service that
does not satisfy the definition of the term ``examination'' in
subsection (c)(1)(A) of section 3304 of title 5, United States Code, as
added by subsection (a) of this section.</DELETED>
<DELETED> (c) OPM Reporting.--</DELETED>
<DELETED> (1) Public dashboard.--</DELETED>
<DELETED> (A) In general.--The Director shall
maintain and periodically update a publicly available
dashboard that, with respect to each position in the
competitive service for which an examining agency
examined applicants during the applicable period,
includes--</DELETED>
<DELETED> (i) the type of assessment used,
such as--</DELETED>
<DELETED> (I) a behavioral off-the-
shelf assessment;</DELETED>
<DELETED> (II) a resume review
conducted by a subject matter
expert;</DELETED>
<DELETED> (III) an interview
conducted by a subject matter
expert;</DELETED>
<DELETED> (IV) a technical off-the-
shelf assessment; or</DELETED>
<DELETED> (V) a cognitive ability
test;</DELETED>
<DELETED> (ii) whether or not the agency
selected a candidate for the position;
and</DELETED>
<DELETED> (iii) the hiring authority used to
fill the position.</DELETED>
<DELETED> (B) Timing.--</DELETED>
<DELETED> (i) Initial data.--Not later than
180 days after the date of enactment of this
Act, the Director shall update the dashboard
described in subparagraph (A) with data for
positions in the competitive service for which
an examining agency examined applicants during
the period beginning on the date of enactment
of this Act and ending on the date of
submission of the report.</DELETED>
<DELETED> (ii) Subsequent updates.--Not
later than October 1 of each fiscal year
beginning after the date on which the dashboard
is initially updated under clause (i), the
Director shall update the dashboard described
in subparagraph (A) with data for positions in
the competitive service for which an examining
agency examined applicants during the preceding
fiscal year.</DELETED>
<DELETED> (2) Annual progress report.--</DELETED>
<DELETED> (A) In general.--Each year, the Director,
in accordance with subparagraphs (B) and (C), shall
make publicly available and submit to Congress an
overall progress report that includes summary data of
the use of examinations (as defined in subsection
(c)(1)(A) of section 3304 of title 5, United States
Code, as added by subsection (a) of this section) for
the competitive service, including technical
assessments.</DELETED>
<DELETED> (B) Categories; baseline data.--In
carrying out subparagraph (A), the Director shall--
</DELETED>
<DELETED> (i) break the data down by
applicant demographic indicator, including
veteran status, race, gender, disability, and
any other measure the Director determines
appropriate; and</DELETED>
<DELETED> (ii) use the data available as of
October 1, 2020, as a baseline.</DELETED>
<DELETED> (C) Limitations.--In carrying out
subparagraph (A), the Director may only make publicly
available and submit to Congress data relating to
examinations for which--</DELETED>
<DELETED> (i) the related announcement is
closed;</DELETED>
<DELETED> (ii) certificates have been
audited; and</DELETED>
<DELETED> (iii) all hiring processes are
completed.</DELETED>
<DELETED> (d) GAO Report.--Not later than 5 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report that--</DELETED>
<DELETED> (1) assesses the implementation of this section
and the amendments made by this section;</DELETED>
<DELETED> (2) assesses the impact and modifications to the
hiring process for the competitive service made by this section
and the amendments made by this section; and</DELETED>
<DELETED> (3) makes recommendations for the improvement of
the hiring process for the competitive service.</DELETED>
<DELETED>SEC. 4. AMENDMENTS TO COMPETITIVE SERVICE ACT OF
2015.</DELETED>
<DELETED> (a) Platforms for Sharing Certificates of Eligibles.--
Section 3318(b) of title 5, United States Code, is amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``240-day'' and
inserting ``1-year'';</DELETED>
<DELETED> (2) by redesignating paragraph (5) as paragraph
(6); and</DELETED>
<DELETED> (3) by inserting after paragraph (4) the
following:</DELETED>
<DELETED> ``(5) Platform for sharing resumes of individuals
on certificates of eligibles.--The Director of the Office shall
establish and operate a platform on which an appointing
authority can share, with other appointing authorities and the
Chief Human Capital Officers Council established under section
1303 of the Chief Human Capital Officers Act of 2002 (5 U.S.C.
1401 note; Public Law 107-296), the resumes of individuals who
are on a certificate of eligibles requested by the appointing
authority.''.</DELETED>
<DELETED> (b) Maximizing Sharing of Applicant Information.--Section
2 of the Competitive Service Act of 2015 (Public Law 114-137; 130 Stat.
310) is amended--</DELETED>
<DELETED> (1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and</DELETED>
<DELETED> (2) by inserting after subsection (b) the
following:</DELETED>
<DELETED> ``(c) Maximizing Sharing of Applicant Information.--
</DELETED>
<DELETED> ``(1) Definitions.--In this subsection--</DELETED>
<DELETED> ``(A) the terms `agency', `Director', and
`Office' have the meanings given those terms in section
3304(c)(1) of title 5, United States Code;
and</DELETED>
<DELETED> ``(B) the term `competitive service' has
the meaning given the term in section 2102 of title 5,
United States Code.</DELETED>
<DELETED> ``(2) Maximizing sharing.--The Director shall
maximize the sharing of information among agencies regarding
qualified applicants for positions in the competitive service,
including by--</DELETED>
<DELETED> ``(A) providing for the delegation to
other agencies of the authority of the Office to host
multi-agency hiring actions to increase the return on
investment on high-quality pooled announcements;
and</DELETED>
<DELETED> ``(B) sharing certificates of eligibles
and accompanying resumes for appointment.''.</DELETED>
<DELETED> (c) Amendment of Implementing Regulations.--Not later than
180 days after the date of enactment of this Act, the Director shall
promulgate regulations to carry out the amendments made by this
section.</DELETED>
<DELETED>SEC. 5. MODERNIZING AND REFORMING THE ASSESSMENT AND HIRING OF
FEDERAL JOB CANDIDATES.</DELETED>
<DELETED> (a) In General.--Section 3308 of title 5, United States
Code, is amended--</DELETED>
<DELETED> (1) by striking ``scientific, technical, or
professional'';</DELETED>
<DELETED> (2) by inserting ``legally'' before ``performed'';
and</DELETED>
<DELETED> (3) by inserting ``in a jurisdiction in which the
duties of the position are to be performed'' after ``a
prescribed minimum education''.</DELETED>
<DELETED> (b) Implementation.--</DELETED>
<DELETED> (1) Regulations and guidance documents.--Not later
than 1 year after the date of enactment of this Act, the
Director shall amend all regulations and guidance documents as
necessary to implement the amendments made by subsection
(a).</DELETED>
<DELETED> (2) Hiring practices.--Not later than 1 year after
the date of enactment of this Act, the Director and the head of
any other examining agency shall amend the hiring practices of
the Office or the other examining agency, respectively, in
accordance with the amendments made by subsection
(a).</DELETED>
<DELETED>SEC. 6. TALENT TEAMS.</DELETED>
<DELETED> (a) Federal Agency Talent Teams.--</DELETED>
<DELETED> (1) In general.--An agency may establish 1 or more
talent teams (referred to in this section as ``agency talent
teams''), including at the component level.</DELETED>
<DELETED> (2) Duties.--An agency talent team shall provide
hiring support to the agency and other agencies, including by--
</DELETED>
<DELETED> (A) improving examinations (as defined in
subsection (c)(1)(A) of section 3304 of title 5, United
States Code, as added by section 3(a));</DELETED>
<DELETED> (B) facilitating writing job announcements
for the competitive service;</DELETED>
<DELETED> (C) sharing high-quality certificates of
eligibles; and</DELETED>
<DELETED> (D) facilitating hiring for the
competitive service using examinations (as defined in
such subsection (c)(1)(A)) and subject matter
experts.</DELETED>
<DELETED> (b) Office of Personnel Management.--The Director may
establish a Federal talent team to support agency talent teams in
facilitating pooled hiring actions across the Federal Government,
providing training, and creating technology platforms to facilitate
hiring for the competitive service, including--</DELETED>
<DELETED> (1) the development of technical assessments;
and</DELETED>
<DELETED> (2) the sharing of certificates of eligibles and
accompanying resumes under sections 3318(b) and 3319(c) of
title 5, United States Code.</DELETED>
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 (i) through (n), 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) Occupational questionnaire.--The term `occupational
questionnaire' means a rating and experience evaluation or
assessment questionnaire that--
``(A) is used to screen, rate, and rank an
applicant;
``(B) is commonly delivered through automated
staffing systems used for Federal hiring; and
``(C) consists of self-ratings of training and
experience.
``(6) Office.--The term `Office' means the Office of
Personnel Management.
``(7) 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.
``(8) 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.
``(9) Resume review.--The term `resume review' means an
evaluation of an applicant's resume that is conducted by a
subject matter expert.
``(10) 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.
``(11) 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 include an occupational
questionnaire.''.
(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(m)(1)''; and
(ii) in section 9810(b), by striking
``3304(b)'' and inserting ``3304(i)''.
(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(j)(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(j)(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 (i), by striking ``An
individual'' and inserting ``Examination or
Exception Required.--An individual'';
(iii) in subsection (j), by striking ``(1)
For the purpose'' and inserting
``Technicians.--(1) For the purpose'';
(iv) in subsection (k), by striking ``The
Office'' and inserting ``Consideration of
Experience.--The office'';
(v) in subsection (l), by striking
``Employees'' and inserting ``Use of Public
Buildings.--Employees''; and
(vi) in subsection (m), 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 occupational questionnaire.--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 occupational
questionnaire for that purpose if the examining
agency--
``(i) includes a brief description of the
rationale for the use of the occupational
questionnaire in the job posting; and
``(ii) adheres to the process under
subsection (e).
``(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;
``(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; and
``(III) the examining agency
adheres to the process under subsection
(e).
``(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) Renewal of waiver.--The head of an
examining agency may renew a waiver under this
subparagraph by submitting a new certification
under clause (i)(II) not more than 30 days
before the date that is 3 years after the date
on which the previous certification was
submitted under that clause.
``(iv) 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) Occupational Questionnaire.--For the purpose of conducting an
examination for a position in the competitive service for which an
examining agency has determined that a technical assessment is
impracticable under paragraph (2)(B) or (4)(C) of subsection (c), the
examining agency shall--
``(1) develop an occupational questionnaire in accordance
with guidance or regulations of the Office; and
``(2) undertake a resume review for each candidate who is
referred for additional consideration after analysis of the
results of the occupational questionnaire is complete.
``(f) 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.
``(g) 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.
``(h) 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.
Calendar No. 651
118th CONGRESS
2d Session
S. 59
[Report No. 118-250]
_______________________________________________________________________
A BILL
To implement merit-based reforms to the civil service hiring system
that replace degree-based hiring with skills- and competency-based
hiring.
_______________________________________________________________________
December 2, 2024
Reported with an amendment