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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 59 Engrossed in Senate (ES)]

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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.
```