S. 59
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty four
An Act
To implement merit-based reforms to the civil service hiring system that replace
degree-based hiring with skills- and competency-based hiring.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Chance to Compete Act of
2024’’.
SEC. 2. DEFINITIONS.
(a) AMENDATORY DEFINITIONS.—
(1) I
N 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 redesig-
nated, the following:
‘‘(a) D
EFINITIONS.—In this section:
‘‘(1) A
GENCY.—The term ‘agency’ means an Executive
agency.
‘‘(2) D
IRECTOR.—The term ‘Director’ means the Director
of the Office.
‘‘(3) E
XAMINATION.—The term ‘examination’ means the
process by which an applicant demonstrates knowledge, skills,
abilities, and competencies.
‘‘(4) E
XAMINING 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) O
FFICE.—The term ‘Office’ means the Office of Per-
sonnel Management.
‘‘(6) P
ASSING 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) R
ELEVANT COMMITTEES .—The term ‘relevant commit-
tees’ means—
‘‘(A) the Committee on Homeland Security and Govern-
mental Affairs of the Senate; and
‘‘(B) the Committee on Oversight and Accountability
of the House of Representatives. S. 59—2
‘‘(8) S
UBJECT 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 devel-
oping or administering an examination; and
‘‘(B) whom the delegated examining unit of the exam-
ining agency that employs the employee or selecting official
designates to assist in the development and administration
of technical assessments.
‘‘(9) T
ECHNICAL ASSESSMENT .—The term ‘technical assess-
ment’ 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) T
ECHNICAL AND CONFORMING AMENDMENTS .—
(A) T
ITLE 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) A
CT TO ESTABLISH A COMMISSION ON SECURITY AND
COOPERATION IN EUROPE .—Section 8(d)(2) of the Act enti-
tled, ‘‘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.-C
HINA 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) E
NERGY 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) S
UBSECTION 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 ‘‘R
ULES.—The President’’;
(ii) in subsection (h), by striking ‘‘An individual’’
and inserting ‘‘E
XAMINATION OR EXCEPTION
R
EQUIRED.—An individual’’;
(iii) in subsection (i), by striking ‘‘(1) For the pur-
pose’’ and inserting ‘‘T
ECHNICIANS.—(1) For the pur-
pose’’;
(iv) in subsection (j), by striking ‘‘The Office’’ and
inserting ‘‘C
ONSIDERATION OF EXPERIENCE.—The
office’’; S. 59—3
(v) in subsection (k), by striking ‘‘Employees’’ and
inserting ‘‘U
SE OFPUBLICBUILDINGS.—Employees’’;
and
(vi) in subsection (l), by striking ‘‘(1) Preference
eligibles or veterans’’ and inserting ‘‘P
REFERENCE
E
LIGIBLES ANDVETERANS.—(1) Preference eligibles or
veterans’’.
(b) F
REESTANDING 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) E
XAMINATIONS.—
‘‘(1) I
N 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) I
NTERIM EXAMINATION PERIOD .—
‘‘(A) P
REFERENCE FOR TECHNICAL ASSESSMENT .—
During the 3-year period beginning on the date of enact-
ment 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) U
SE 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 com-
petencies 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) T
RANSITION PLANNING .—
‘‘(A) I
N 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) A
DDITIONAL CONSULTATION .—In developing the
plan under subparagraph (A), the Director shall consult
with, at minimum— S. 59—4
‘‘(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) I
MPLEMENTATION OF TECHNICAL ASSESSMENTS .—
‘‘(A) I
MPLEMENTATION 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 sub-
mitted under paragraph (3).
‘‘(B) A
DOPTION 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) W
AIVER.—
‘‘(i) I
N GENERAL.—The requirement under subpara-
graph (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 cer-
tification that use of the technical assessment is
impracticable, which certification shall include—
‘‘(aa) identification of the job series;
‘‘(bb) identification of the number of posi-
tions 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) E
FFECTIVENESS 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) N
O DELEGATION OF CERTIFICATION
AUTHORITY.—The head of an examining agency may
not delegate the authority to submit a certification
under clause (i)(II).
‘‘(d) T
ECHNICALASSESSMENT.—
‘‘(1) I
N GENERAL.—For the purpose of conducting an exam-
ination 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; S. 59—5
‘‘(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 posi-
tion 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) F
EASIBILITY STUDY ON SHARING AND CUSTOMIZATION
OF ASSESSMENT .—Not later than 1 year after the date of enact-
ment of the Chance to Compete Act of 2024, the Director
shall—
‘‘(A) conduct a feasibility study that examines the prac-
ticability, 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 mate-
rial that is shared by the examining agency as
described in clause (i);
‘‘(iii) limits on customization of a technical assess-
ment 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 subpara-
graph; and
‘‘(B) submit to the relevant committees a report on
the study conducted under subparagraph (A).
‘‘(e) F
EDERALAGENCYTALENTTEAMS.—
‘‘(1) I
N GENERAL.—An agency may establish 1 or more
agency talent teams, including at the component level.
‘‘(2) D
UTIES.—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) O
FFICE OFPERSONNELMANAGEMENT TALENTTEAM.—The
Director may establish a Federal talent team to support agency
talent teams by—
‘‘(1) facilitating hiring actions across the Federal Govern-
ment; S. 59—6
‘‘(2) providing training;
‘‘(3) creating tools and guides to facilitate hiring for the
competitive service; and
‘‘(4) developing technical assessments.
‘‘(g) R
ULEMAKING.—The Director shall promulgate such regula-
tions as are necessary to implement and interpret this section.’’.
SEC. 4. COMPETITIVE SERVICE CANDIDATE HIRING AND REFORM.
(a) REVIEW.—
(1) I
N 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 edu-
cational requirements for the position.
(2) C
ONSULTATION.—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) R
EPORT ONHIRINGPRACTICES.—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 prac-
tices of examining agencies in accordance with the findings of
the review conducted under subsection (a)(1).
SEC. 5. REPORTS.
(a) IMPLEMENTATION REPORTS.—
(1) I
N 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 amend-
ments made by this Act; and
(B) identifies any significant difficulties encountered
in the implementation described in subparagraph (A).
(2) I
NCLUSION IN ANNUAL REPORT .—The Director may
include the report required under paragraph (1) as an
addendum to the report required under subsection (b).
(3) D
ELAYED REPORTING .—If the Director is unable to pub-
lish 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) A
NNUALREPORT.—
(1) I
N 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 S. 59—7
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) D
EMOGRAPHIC INDICATORS .—In carrying out paragraph
(1), the Director shall break the data down by applicant demo-
graphic indicators to facilitate direct comparability and
trendline comparisons to data available as of October 1, 2020,
as a baseline.
(3) L
IMITATIONS.—In carrying out this subsection, the
Director may only publish and submit to the relevant commit-
tees 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) D
ELAYED REPORTING .—If the Director is unable to pub-
lish 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) P
ROVISION OFDATA BYAGENCIES.—
(1) I
N 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) R
EPORTING 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 amend-
ments 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. S. 59—8
SEC. 7. EVALUATION FOR POTENTIAL UPDATES OR REVISIONS TO
GOVERNMENT-WIDE SYSTEMS OF RECORDS AT THE OFFICE
OF PERSONNEL MANAGEMENT.
(a) INGENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Director shall evaluate whether the Govern-
ment-wide system of records notices, the OPM/GOVT–5 Recruiting,
Examining, and Placement Records, and the OPM/GOVT–6 Per-
sonnel 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) I
SSUANCE OF UPDATES OR REVISIONS; NOTICE TOCON-
GRESS.—If the Director determines under subsection (a) that any
updates or revisions are necessary, the Director, in accordance
with section 552a of title 5, United States Code (commonly known
as the ‘‘Privacy Act’’), shall promptly—
(1) issue the updates or revisions; and
(2) notify the relevant committees.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.