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[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.
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