```

[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
```