Chance to Compete Act of 2024

Bill: 118-s-59
Sponsor: full_name: Sen. Sinema, Kyrsten [I-AZ]
Introduced: 2023-01-24
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Census and government statistics

Computers and information technology

Congressional oversight

Employee hiring

Government employee pay, benefits, personnel management

Government information and archives

Government studies and investigations

Internet, web applications, social media

Office of Personnel Management (OPM)

Performance measurement
Latest action: action_date: 2024-12-23
text: Became Public Law No: 118-188.

Summaries:
action_date: 2023-01-24
action_desc: Introduced in Senate
text: <p><b>Chance to Compete Act of 2023</b></p> <p>This bill modifies examination requirements and other components of the federal hiring process for positions in the competitive service.</p> <p>Specifically, the bill provides that a qualifying examination includes a r&eacute;sum&eacute; review that is conducted by a subject matter expert. Additionally, beginning two years after the bill's enactment, the bill prohibits examinations from consisting solely of a self-assessment from an automated examination, a r&eacute;sum&eacute; review that is not conducted by a subject matter expert, or any other method of assessing an applicant's experience or education.</p> <p>Agencies may use subject matter experts to develop position-specific technical assessments that allow applicants to demonstrate job-related skills, abilities, and knowledge; assessments may include structured interviews, work-related exercises, procedures to measure career-related qualifications and interests, or other similar assessments. The bill also allows agencies to establish talent teams to support and improve hiring practices.</p> <p>The Office of Personnel Management (OPM) must create online platforms through which agencies may share and customize technical assessments and share the r&eacute;sum&eacute;s of qualifying applicants. The OPM must also create online platforms with information about the types of assessments used and hiring outcomes.</p>

action_date: 2024-12-02
action_desc: Reported to Senate
text: <p><strong>Chance to Compete Act of &nbsp;2024</strong></p><p>This bill requires federal agencies to use technical assessments to fill most positions in the competitive service.</p><p>Under the bill, the Office of Personnel Management (OPM) must develop and implement a plan for transitioning to using technical assessments for hiring into competitive service positions unless the hiring agency certifies that it is impracticable. Technical assessments must be developed by subject matter experts within each hiring agency and allow for candidates to demonstrate job-related skills and knowledge; however, they may not include an occupational questionnaire. An agency may determine that the use of a technical assessment to assess applicants for a position in the competitive service is not practicable and, instead, use an occupational questionnaire. (An occupational questionnaire is an evaluation system in which applicants self-rate their training and&nbsp;experience and that is commonly delivered through an automated system such as USAJobs.)</p><p>OPM must also study and report to Congress regarding the feasibility of examining agencies sharing technical assessments and the&nbsp;development of an online platform to be used by the agencies.</p><p>The OPM plan must be provided to Congress within 18 months after the bill's enactment and implemented within three years following the bill's enactment. During the three-year period beginning on the date of enactment of this bill,&nbsp;technical assessments must be preferred by hiring agencies.&nbsp;</p>

action_date: 2024-12-23
action_desc: Public Law
text: <p><strong>Chance to&nbsp;Compete Act of 2024</strong></p><p>This act requires federal agencies to use technical assessments to fill most positions in the competitive service. Under the act, a technical assessment is a tool relevant and specific to a position for which it is developed that allows for the demonstration of job-related skills, abilities, knowledge, and competencies. A technical assessment must be based upon a job analysis and may not solely or principally rely upon a self-assessment from an automated examination.&nbsp;</p><p>(Sec. 3) Under the act, the Office of Personnel Management (OPM) must develop and implement a plan for transitioning to using technical assessments for hiring into competitive service positions unless the hiring agency certifies that it is impracticable. No later than 18 months after the act's enactment, OPM must provide Congress with the plan for federal agencies to transition to the use of technical assessments. The plan must be implemented within three years after the act's enactment.</p><p>In the  three-year period following the bill's enactment, executive agencies must&nbsp;preference the use of technical assessments for hiring into competitive service positions to the maximum extent practicable. An agency that determines that the use of a technical assessment is impracticable must describe its rationale for using an alternative assessment in the applicable&nbsp;job posting.&nbsp;</p><p>The act authorizes agencies to identify subject matter experts (SMEs) and agency talent teams to provide hiring support to the agency. SMEs in the job field of a given position may develop position-specific&nbsp;assessments that allow for an applicant to demonstrate job-related technical skills, abilities, and knowledge relevant&nbsp;to the&nbsp;position. OPM may establish a federal talent team to provide support to agency talent teams.&nbsp; </p><p>No later than one year after the act's enactment, OPM must study and report to Congress regarding the feasibility of examining agencies sharing technical assessments and the development of an online platform where agencies can share and customize technical assessments.</p><p>(Sec. 4) The act requires OPM to conduct a review of examinations for positions in the competitive service for which agencies have established a minimum educational requirement because the position is of a scientific, technical, or professional nature.&nbsp;OPM must determine whether such requirements are justified based on data, evidence, and other relevant information and provide Congress with recommendations to amend the hiring practices in accordance with the review's findings.&nbsp;The review must be conducted in consultation with appropriate agencies, employee representatives,&nbsp;external experts, and other relevant stakeholders. The report shall be provided within one year after the act's enactment.</p><p>(Sec. 5)  OPM&nbsp;must publish on a public-facing website and submit to&nbsp;Congress a&nbsp;report examining agencies' progress and any significant difficulties in implementing the act's&nbsp;requirements.&nbsp;The first report must be provided within one year after the act's enactment and subsequent reports provided annually until the fifth publication and submission of the report to Congress.</p><p>OPM must also publish on a public facing website and submit to Congress an annual report of positions in the competitive service for which an examining agency examined applicants during the applicable period (limited to positions for which hiring is complete). The data must be broken down by applicant demographic indicators to facilitate direct comparisons to data available as of October 1, 2020, as a baseline.</p><p>(Sec. 6)&nbsp;No later than three years after the act's enactment, the Government Accountability Office (GAO) must provide Congress with a report that  assesses the implementation of the act,&nbsp;assesses changes to the hiring process for the competitive service, and makes recommendations to improve the&nbsp;hiring process for the competitive service.</p><p>(Sec. 7)&nbsp;No later than one year after the act's enactment, OPM shall evaluate&nbsp;and revise, as appropriate to conform with the act, government-wide systems of records specified in the act. OPM must notify Congress of any revisions.</p>

tv_txt: One Hundred Eighteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and twenty four S. 59 IN THE SENATE OF THE UNITED STATES AN ACT To implement merit-based reforms to the civil service hiring system that replace degree-based hiring with skills- and competency-based hiring.

1. Short title This Act may be cited as the Chance to Compete Act of 2024 . 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. 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. . 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). 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. 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. 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

tv_txt: 118th CONGRESS 2d Session S. 59 IN THE SENATE OF THE UNITED STATES AN ACT To implement merit-based reforms to the civil service hiring system that replace degree-based hiring with skills- and competency-based hiring.

1. Short title This Act may be cited as the Chance to Compete Act of 2024 . 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. 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. . 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). 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. 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. 7. Evaluation for potential updates or revisions to government-wide systems of records at the Office of Personnel Management (a) In general Not later than 1 year after the date of enactment of this Act, the Director shall evaluate whether the Government-wide system of records notices, the OPM/GOVT–5 Recruiting, Examining, and Placement Records, and the OPM/GOVT–6 Personnel Research and Test Validation Records, or any successor materials thereto, require updating or revision in order to support the implementation of this Act and the amendments made by this Act. (b) Issuance of updates or revisions; notice to Congress If the Director determines under subsection (a) that any updates or revisions are necessary, the Director, in accordance with section 552a of title 5, United States Code (commonly known as the Privacy Act ), shall promptly— (1) issue the updates or revisions; and (2) notify the relevant committees.

Passed the Senate December 12, 2024. Secretary

tv_txt: II Calendar No. 651 118th CONGRESS 2d Session S. 59 [Report No. 118–250] 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.

1. Short title This Act may be cited as the Chance to Compete Act of 2023 . 2. Definitions (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). (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. 3. Defining the term examination for purposes of hiring in the competitive service (a) Examinations; technical assessments (1) In general Section 3304 of title 5, United States Code, is amended— (A) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (B) by inserting after subsection (b) the following: (c) Examinations (1) Definitions (A) Examination defined for purposes of this chapter For purposes of this chapter, the term examination — (i) means an opportunity to directly demonstrate knowledge, skills, abilities, and competencies, through a passing score assessment; (ii) includes a résumé review that is— (I) conducted by a subject matter expert; and (II) based upon indicators that— (aa) are derived from a job analysis; and (bb) bear a rational relationship to performance in the position for which the examining agency is hiring; and (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 résumé review (except as provided in clause (ii)), or any other method of determining the experience or level of educational attainment of an individual, alone. (B) Other terms In this subsection— (i) the term agency means an agency described in section 901(b) of title 31; (ii) the term Director means the Director of the Office; (iii) the term examining agency means— (I) the Office; or (II) an agency to which the Director has delegated examining authority under section 1104(a)(2) of this title; (iv) the term Office means the Office of Personnel Management; (v) the term passing score assessment means an assessment that an individual can pass or fail; (vi) the term subject matter expert means an employee or selecting official— (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 (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 (vii) the term technical assessment means an assessment developed under paragraph (2)(A)(i) that— (I) allows for the demonstration of job-related technical skills, abilities, and knowledge; (II) (aa) is based upon a job analysis; (bb) is relevant to the position for which the assessment is developed; and (cc) does not discriminate on the basis of a protected status, as established by the Director in regulations implementing this subsection; and (III) may include— (aa) a structured interview; (bb) a work-related exercise; (cc) a custom or generic procedure used to measure an individual’s employment or career-related qualifications and interests; or (dd) another assessment that meets the criteria under subclauses (I) and (II). (2) Technical assessments (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— (i) develop, in partnership with human resources employees of the examining agency, a position-specific assessment that is relevant to the position; and (ii) administer the assessment developed under clause (i) 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. (B) Sharing and customization of assessments (i) Sharing An examining agency may share a technical assessment with another examining agency if each agency maintains appropriate control over examination material. (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). (iii) Platform for sharing and customization (I) In general The Director shall establish and operate a platform on which examining agencies can share and customize technical assessments under this subparagraph. (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). (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. . (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. . (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) . (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. (c) OPM reporting (1) Public dashboard (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— (i) the type of assessment used, such as— (I) a behavioral off-the-shelf assessment; (II) a résumé review conducted by a subject matter expert; (III) an interview conducted by a subject matter expert; (IV) a technical off-the-shelf assessment; or (V) a cognitive ability test; (ii) whether or not the agency selected a candidate for the position; and (iii) the hiring authority used to fill the position. (B) Timing (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. (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. (2) Annual progress report (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. (B) Categories; baseline data In carrying out subparagraph (A), the Director shall— (i) break the data down by applicant demographic indicator, including veteran status, race, gender, disability, and any other measure the Director determines appropriate; and (ii) use the data available as of October 1, 2020, as a baseline. (C) Limitations In carrying out subparagraph (A), the Director may only make publicly available and submit to Congress data relating to examinations for which— (i) the related announcement is closed; (ii) certificates have been audited; and (iii) all hiring processes are completed. (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— (1) assesses the implementation of this section and the amendments made by this section; (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 (3) makes recommendations for the improvement of the hiring process for the competitive service. 4. Amendments to Competitive Service Act of 2015 (a) Platforms for sharing certificates of eligibles Section 3318(b) of title 5, United States Code, is amended— (1) in paragraph (1), by striking 240-day and inserting 1-year ; (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following: (5) Platform for sharing résumés 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 résumés of individuals who are on a certificate of eligibles requested by the appointing authority. . (b) Maximizing sharing of applicant information Section 2 of the Competitive Service Act of 2015 ( Public Law 114–137 ; 130 Stat. 310) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Maximizing sharing of applicant information (1) Definitions In this subsection— (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 (B) the term competitive service has the meaning given the term in section 2102 of title 5, United States Code. (2) Maximizing sharing The Director shall maximize the sharing of information among agencies regarding qualified applicants for positions in the competitive service, including by— (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 (B) sharing certificates of eligibles and accompanying résumés for appointment. . (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. 5. Modernizing and reforming the assessment and hiring of Federal job candidates (a) In general Section 3308 of title 5, United States Code, is amended— (1) by striking scientific, technical, or professional ; (2) by inserting legally before performed ; and (3) by inserting in a jurisdiction in which the duties of the position are to be performed after a prescribed minimum education . (b) Implementation (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). (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). 6. Talent teams (a) Federal agency talent teams (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. (2) Duties An agency talent team shall provide hiring support to the agency and other agencies, including by— (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)); (B) facilitating writing job announcements for the competitive service; (C) sharing high-quality certificates of eligibles; and (D) facilitating hiring for the competitive service using examinations (as defined in such subsection (c)(1)(A)) and subject matter experts. (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— (1) the development of technical assessments; and (2) the sharing of certificates of eligibles and accompanying résumés under sections 3318(b) and 3319(c) of title 5, United States Code.

1. Short title This Act may be cited as the Chance to Compete Act of 2024 . 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. 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. . 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). 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. 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. 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.

December 2, 2024 Reported with an amendment

tv_txt: II 118th CONGRESS 1st Session S. 59 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 A BILL To implement merit-based reforms to the civil service hiring system that replace degree-based hiring with skills- and competency-based hiring.

1. Short title This Act may be cited as the Chance to Compete Act of 2023 . 2. Definitions (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). (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. 3. Defining the term examination for purposes of hiring in the competitive service (a) Examinations; technical assessments (1) In general Section 3304 of title 5, United States Code, is amended— (A) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (B) by inserting after subsection (b) the following: (c) Examinations (1) Definitions (A) Examination defined for purposes of this chapter For purposes of this chapter, the term examination — (i) means an opportunity to directly demonstrate knowledge, skills, abilities, and competencies, through a passing score assessment; (ii) includes a résumé review that is— (I) conducted by a subject matter expert; and (II) based upon indicators that— (aa) are derived from a job analysis; and (bb) bear a rational relationship to performance in the position for which the examining agency is hiring; and (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 résumé review (except as provided in clause (ii)), or any other method of determining the experience or level of educational attainment of an individual, alone. (B) Other terms In this subsection— (i) the term agency means an agency described in section 901(b) of title 31; (ii) the term Director means the Director of the Office; (iii) the term examining agency means— (I) the Office; or (II) an agency to which the Director has delegated examining authority under section 1104(a)(2) of this title; (iv) the term Office means the Office of Personnel Management; (v) the term passing score assessment means an assessment that an individual can pass or fail; (vi) the term subject matter expert means an employee or selecting official— (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 (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 (vii) the term technical assessment means an assessment developed under paragraph (2)(A)(i) that— (I) allows for the demonstration of job-related technical skills, abilities, and knowledge; (II) (aa) is based upon a job analysis; (bb) is relevant to the position for which the assessment is developed; and (cc) does not discriminate on the basis of a protected status, as established by the Director in regulations implementing this subsection; and (III) may include— (aa) a structured interview; (bb) a work-related exercise; (cc) a custom or generic procedure used to measure an individual’s employment or career-related qualifications and interests; or (dd) another assessment that meets the criteria under subclauses (I) and (II). (2) Technical assessments (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— (i) develop, in partnership with human resources employees of the examining agency, a position-specific assessment that is relevant to the position; and (ii) administer the assessment developed under clause (i) 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. (B) Sharing and customization of assessments (i) Sharing An examining agency may share a technical assessment with another examining agency if each agency maintains appropriate control over examination material. (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). (iii) Platform for sharing and customization (I) In general The Director shall establish and operate a platform on which examining agencies can share and customize technical assessments under this subparagraph. (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). (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. . (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. . (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) . (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. (c) OPM reporting (1) Public dashboard (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— (i) the type of assessment used, such as— (I) a behavioral off-the-shelf assessment; (II) a résumé review conducted by a subject matter expert; (III) an interview conducted by a subject matter expert; (IV) a technical off-the-shelf assessment; or (V) a cognitive ability test; (ii) whether or not the agency selected a candidate for the position; and (iii) the hiring authority used to fill the position. (B) Timing (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. (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. (2) Annual progress report (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. (B) Categories; baseline data In carrying out subparagraph (A), the Director shall— (i) break the data down by applicant demographic indicator, including veteran status, race, gender, disability, and any other measure the Director determines appropriate; and (ii) use the data available as of October 1, 2020, as a baseline. (C) Limitations In carrying out subparagraph (A), the Director may only make publicly available and submit to Congress data relating to examinations for which— (i) the related announcement is closed; (ii) certificates have been audited; and (iii) all hiring processes are completed. (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— (1) assesses the implementation of this section and the amendments made by this section; (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 (3) makes recommendations for the improvement of the hiring process for the competitive service. 4. Amendments to Competitive Service Act of 2015 (a) Platforms for sharing certificates of eligibles Section 3318(b) of title 5, United States Code, is amended— (1) in paragraph (1), by striking 240-day and inserting 1-year ; (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following: (5) Platform for sharing résumés 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 résumés of individuals who are on a certificate of eligibles requested by the appointing authority. . (b) Maximizing sharing of applicant information Section 2 of the Competitive Service Act of 2015 ( Public Law 114–137 ; 130 Stat. 310) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Maximizing sharing of applicant information (1) Definitions In this subsection— (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 (B) the term competitive service has the meaning given the term in section 2102 of title 5, United States Code. (2) Maximizing sharing The Director shall maximize the sharing of information among agencies regarding qualified applicants for positions in the competitive service, including by— (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 (B) sharing certificates of eligibles and accompanying résumés for appointment. . (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. 5. Modernizing and reforming the assessment and hiring of Federal job candidates (a) In general Section 3308 of title 5, United States Code, is amended— (1) by striking scientific, technical, or professional ; (2) by inserting legally before performed ; and (3) by inserting in a jurisdiction in which the duties of the position are to be performed after a prescribed minimum education . (b) Implementation (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). (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). 6. Talent teams (a) Federal agency talent teams (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. (2) Duties An agency talent team shall provide hiring support to the agency and other agencies, including by— (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)); (B) facilitating writing job announcements for the competitive service; (C) sharing high-quality certificates of eligibles; and (D) facilitating hiring for the competitive service using examinations (as defined in such subsection (c)(1)(A)) and subject matter experts. (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— (1) the development of technical assessments; and (2) the sharing of certificates of eligibles and accompanying résumés under sections 3318(b) and 3319(c) of title 5, United States Code.