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. 
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‘‘(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’’; 
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(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 jobrelated 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— 
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‘‘(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; 
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‘‘(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; 
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‘‘(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 
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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. 
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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 CON- GRESS.—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.