[Congressional Record Volume 170, Number 185 (Thursday, December 12, 2024)]
[Senate]
[Pages S7010-S7011]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3325. Mr. SCHUMER (for Ms. Sinema) proposed an amendment to the
bill S. 59, to implement merit-based reforms to the civil service
hiring system that replace degree-based hiring with skills- and
competency-based hiring; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chance to Compete Act of
2024''.
SEC. 2. DEFINITIONS.
(a) Amendatory Definitions.--
(1) In general.--Section 3304 of title 5, United States
Code, is amended--
(A) by redesignating subsections (b) through (g) as
subsections (h) through (m), respectively;
(B) by redesignating subsection (a) as subsection (b); and
(C) by inserting before subsection (b), as so redesignated,
the following:
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means an Executive agency.
``(2) Director.--The term `Director' means the Director of
the Office.
``(3) Examination.--The term `examination' means the
process by which an applicant demonstrates knowledge, skills,
abilities, and competencies.
``(4) Examining agency.--The term `examining agency'
means--
``(A) the Office; or
``(B) an agency to which the Director has delegated
examining authority under section 1104(a)(2).
``(5) Office.--The term `Office' means the Office of
Personnel Management.
``(6) Passing score.--The term `passing score' means a
minimum acceptable score or rating, consistent with
applicable law, that may include a quantitative or
qualitative assessment that an applicant can pass or fail.
``(7) Relevant committees.--The term `relevant committees'
means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(B) the Committee on Oversight and Accountability of the
House of Representatives.
``(8) Subject matter expert.--The term `subject matter
expert' means an employee or selecting official--
``(A) who possesses an understanding of the duties of, and
knowledge, skills, and abilities required for, the position
for which the employee or selecting official is developing or
administering an examination; and
``(B) whom the delegated examining unit of the examining
agency that employs the employee or selecting official
designates to assist in the development and administration of
technical assessments.
``(9) Technical assessment.--The term `technical
assessment' means a position-specific tool that is relevant
to the position for which the tool is developed that--
``(A) allows for the demonstration of job-related skills,
abilities, knowledge, and competencies;
``(B) is based upon a job analysis; and
``(C) does not solely include or principally rely upon a
self-assessment from an automated examination.''.
(2) Technical and conforming amendments.--
(A) Title 5, united states code.--Part III of title 5,
United States Code, is amended--
(i) in chapter 33--
(I) in section 3302(2), by striking ``3304(a)'' and
inserting ``3304(b)''; and
(II) in section 3330a(a)(1)(B), by striking ``3304(f)(1)''
and inserting ``3304(l)(1)''; and
(ii) in section 9810(b), by striking ``3304(b)'' and
inserting ``3304(h)''.
(B) Act to establish a commission on security and
cooperation in europe.--Section 8(d)(2) of the Act entitled,
``An Act to establish a Commission on Security and
Cooperation in Europe'', approved June 3, 1976 (22 U.S.C.
3008(d)(2)) is amended by striking ``3304(c)(1)'' and
inserting ``3304(i)(1)''.
(C) U.S.-china relations act of 2000.--Section 308(e)(2) of
the U.S.-China Relations Act of 2000 (22 U.S.C. 6918(e)(2))
is amended by striking ``3304(c)(1)'' and inserting
``3304(i)(1)''.
(D) Energy independence and security act of 2007.--Section
136(i)(1) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17013(i)(1)) is amended by striking ``3304(a)(3)''
and inserting ``3304(b)(3)''.
(E) Subsection headings.--Section 3304 of title 5, United
States Code, as amended by paragraph (1) of this subsection,
is amended--
(i) in subsection (b), by striking ``The President'' and
inserting ``Rules.--The President'';
(ii) in subsection (h), by striking ``An individual'' and
inserting ``Examination or Exception Required.--An
individual'';
(iii) in subsection (i), by striking ``(1) For the
purpose'' and inserting ``Technicians.--(1) For the
purpose'';
(iv) in subsection (j), by striking ``The Office'' and
inserting ``Consideration of Experience.--The office'';
(v) in subsection (k), by striking ``Employees'' and
inserting ``Use of Public Buildings.--Employees''; and
(vi) in subsection (l), by striking ``(1) Preference
eligibles or veterans'' and inserting ``Preference Eligibles
and Veterans.--(1) Preference eligibles or veterans''.
(b) Freestanding Definitions.--In this Act--
(1) each term that is defined in section 3304(a) of title
5, United States Code, as added by subsection (a) of this
section, shall have the meaning given the term in such
section 3304(a); and
(2) the term ``competitive service'' has the meaning given
the term in section 2102 of title 5, United States Code.
SEC. 3. MODERNIZING FEDERAL HIRING.
Section 3304 of title 5, United States Code, is amended by
inserting after subsection (b), as redesignated by section 2,
the following:
``(c) Examinations.--
``(1) In general.--For the purpose of testing applicants
for appointment for a position, or class of positions, in the
competitive service, an examining agency shall conduct an
examination pursuant to subsection (b).
``(2) Interim examination period.--
``(A) Preference for technical assessment.--During the 3-
year period beginning on the date of enactment of the Chance
to Compete Act of 2024, an examining agency shall preference
the use of a technical assessment, to the maximum extent
practicable, to assess the job-related skills, abilities,
knowledge, and competencies of an applicant for a position in
the competitive service.
``(B) Use of alternative assessment.--During the 3-year
period beginning on the date of enactment of the Chance to
Compete Act of 2024, if an examining agency determines that
the use of a technical assessment to assess the job-related
skills, abilities, knowledge, and competencies of an
applicant for a position in the competitive service is not
practicable, the examining agency may use an alternative
assessment for that purpose if the examining agency includes
a brief description of the rationale for the use of the
alternative assessment in the job posting.
``(3) Transition planning.--
``(A) In general.--Not later 18 months after the date of
enactment of the Chance to Compete Act of 2024, the Director
shall submit to the relevant committees a plan to transition
Federal hiring practices to adopt technical assessments in
accordance with subsection (d), which shall include--
``(i) the prioritization of--
``(I) job classifications; and
``(II) resource requirements; and
``(ii) a timeline for full implementation of the
transition.
``(B) Additional consultation.--In developing the plan
under subparagraph (A), the Director shall consult with, at
minimum--
``(i) the Director of the Office of Management and Budget;
``(ii) the Chair of the Chief Human Capital Officers
Council;
``(iii) employee representatives; and
``(iv) relevant external stakeholders.
``(4) Implementation of technical assessments.--
``(A) Implementation of plan.--Not later than 3 years after
the date of enactment of the Chance to Compete Act of 2024,
the Director shall implement the plan submitted under
paragraph (3).
``(B) Adoption of technical assessments.--On and after the
date that is 3 years after the date of enactment of the
Chance to Compete Act of 2024, an examining agency shall use
a technical assessment to examine applicants for positions in
the competitive service in accordance with subsection (d).
``(C) Waiver.--
``(i) In general.--The requirement under subparagraph (B)
shall not apply to an examining agency with respect to a
particular job series if--
``(I) the examining agency determines that use of a
technical assessment is impracticable for the job series; and
``(II) the head of the examining agency submits to the
Director and the relevant committees a certification that use
of the technical assessment is impracticable, which
certification shall include--
``(aa) identification of the job series;
``(bb) identification of the number of positions that are
included in the job series within the agency for which the
examining agency is conducting examinations; and
``(cc) a description of the rationale for the
determination.
``(ii) Effectiveness of waiver.--A waiver under this
subparagraph shall be effective for the period--
``(I) beginning on the date that is 1 day after the date on
which the applicable certification is submitted under clause
(i)(II); and
``(II) ending on the date that is 3 years after the date on
which the applicable certification is submitted under clause
(i)(II).
``(iii) No delegation of certification authority.--The head
of an examining agency
[[Page S7011]]
may not delegate the authority to submit a certification
under clause (i)(II).
``(d) Technical Assessment.--
``(1) In general.--For the purpose of conducting an
examination for a position in the competitive service, an
individual who is determined by an examining agency to be a
subject matter expert in the subject and job field of the
position may--
``(A) develop, in partnership with human resources
employees of the examining agency, a position-specific
assessment that is relevant to the position, based on job
analysis, which may include--
``(i) a structured interview;
``(ii) a work-related exercise;
``(iii) a custom or generic procedure used to measure an
applicant's employment or career-related qualifications and
interests; or
``(iv) another assessment that--
``(I) allows for the demonstration of job-related technical
skills, abilities, and knowledge; and
``(II) is relevant to the position for which the assessment
is developed; and
``(B) administer the assessment developed under
subparagraph (A) to--
``(i) determine whether an applicant for the position has a
passing score to be qualified for the position; or
``(ii) rank applicants for the position for category rating
purposes under section 3319.
``(2) Feasibility study on sharing and customization of
assessment.--Not later than 1 year after the date of
enactment of the Chance to Compete Act of 2024, the Director
shall--
``(A) conduct a feasibility study that examines the
practicability, including a cost benefit analysis, of--
``(i) the sharing of technical assessments by an examining
agency with another examining agency;
``(ii) mechanisms for each examining agency to maintain
appropriate control over examination material that is shared
by the examining agency as described in clause (i);
``(iii) limits on customization of a technical assessment
that is shared as described in clause (i) and mechanisms to
ensure that the resulting technical assessment satisfies the
requirements under part 300 of title 5, Code of Federal
Regulations (or any successor regulation); and
``(iv) the development of an online platform on which
examining agencies can share and customize technical
assessments as described in this subparagraph; and
``(B) submit to the relevant committees a report on the
study conducted under subparagraph (A).
``(e) Federal Agency Talent Teams.--
``(1) In general.--An agency may establish 1 or more agency
talent teams, including at the component level.
``(2) Duties.--An agency talent team shall provide hiring
support to the agency, including by--
``(A) improving examinations;
``(B) facilitating the writing of job announcements for the
competitive service;
``(C) sharing high-quality certificates of eligible
applicants; and
``(D) facilitating hiring for the competitive service using
examinations.
``(f) Office of Personnel Management Talent Team.--The
Director may establish a Federal talent team to support
agency talent teams by--
``(1) facilitating hiring actions across the Federal
Government;
``(2) providing training;
``(3) creating tools and guides to facilitate hiring for
the competitive service; and
``(4) developing technical assessments.
``(g) Rulemaking.--The Director shall promulgate such
regulations as are necessary to implement and interpret this
section.''.
SEC. 4. COMPETITIVE SERVICE CANDIDATE HIRING AND REFORM.
(a) Review.--
(1) In general.--The Director shall conduct a review of
examinations for hiring for each position in the competitive
service that an examining agency has determined requires a
minimum educational requirement because the position is of a
scientific, technical, or professional nature pursuant to
section 3308 of title 5, United States Code, to determine
whether data, evidence, or other information justifies the
need for educational requirements for the position.
(2) Consultation.--In carrying out paragraph (1), the
Director shall consult with, at minimum--
(A) agencies, as deemed appropriate by the Director;
(B) employee representatives;
(C) external experts; and
(D) relevant stakeholders.
(b) Report on Hiring Practices.--Not later than 1 year
after the date of enactment of this Act, the Director shall
submit to the relevant committees recommendations to amend
the hiring practices of examining agencies in accordance with
the findings of the review conducted under subsection (a)(1).
SEC. 5. REPORTS.
(a) Implementation Reports.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter ending with
the fifth publication and submission of the report, the
Director shall publish on a public-facing website, and submit
to the relevant committees, a report that--
(A) examines the progress of examining agencies in
implementing the requirements of this Act and the amendments
made by this Act; and
(B) identifies any significant difficulties encountered in
the implementation described in subparagraph (A).
(2) Inclusion in annual report.--The Director may include
the report required under paragraph (1) as an addendum to the
report required under subsection (b).
(3) Delayed reporting.--If the Director is unable to
publish and submit the report within the timeline required
under paragraph (1), the Director shall publish on a public-
facing website, and submit to the relevant committees, a
notification of the delay that--
(A) provides a reason for the delay; and
(B) advises the public and the relevant committees of the
anticipated date of publication and submission of the report.
(b) Annual Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the Director
shall publish on a public-facing website and submit to the
relevant committees a report that, with respect to categories
of positions in the competitive service for which an
examining agency examined applicants during the applicable
period, includes--
(A) the type of examination used; and
(B) summary data from examinations that are closed,
audited, and anonymous on the use of examinations for the
competitive service, including technical assessments.
(2) Demographic indicators.--In carrying out paragraph (1),
the Director shall break the data down by applicant
demographic indicators to facilitate direct comparability and
trendline comparisons to data available as of October 1,
2020, as a baseline.
(3) Limitations.--In carrying out this subsection, the
Director may only publish and submit to the relevant
committees data relating to examinations for which--
(A) the related announcement is closed;
(B) certificates have been audited; and
(C) all hiring processes are completed.
(4) Delayed reporting.--If the Director is unable to
publish and submit the report within the timeline required
under paragraph (1), the Director shall publish on a public-
facing website, and submit to the relevant committees, a
notification of the delay that--
(A) provides a reason for the delay; and
(B) advises the public and the relevant committees of the
anticipated date of publication and submission of the report.
(c) Provision of Data by Agencies.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director shall issue guidance to
examining agencies regarding the data that the Director needs
from the examining agencies in order to comply with
subsections (a) and (b).
(2) Reporting timelines.--Each examining agency shall
provide the data outlined in the guidance issued by the
Director under paragraph (1) on a quarterly basis.
SEC. 6. GAO REPORT.
Not later than 3 years after the date of enactment of this
Act, the Comptroller General of the United States shall
submit to Congress a report that--
(1) assesses the implementation of this Act and the
amendments made by this Act;
(2) assesses the impact of modifications made by this Act
to the hiring process for the competitive service under
section 3304 of title 5, United States Code; and
(3) makes recommendations for the improvement of the hiring
process for the competitive service.
SEC. 7. EVALUATION FOR POTENTIAL UPDATES OR REVISIONS TO
GOVERNMENT-WIDE SYSTEMS OF RECORDS AT THE
OFFICE OF PERSONNEL MANAGEMENT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Director shall evaluate whether
the Government-wide system of records notices, the OPM/GOVT-5
Recruiting, Examining, and Placement Records, and the OPM/
GOVT-6 Personnel Research and Test Validation Records, or any
successor materials thereto, require updating or revision in
order to support the implementation of this Act and the
amendments made by this Act.
(b) Issuance of Updates or Revisions; Notice to Congress.--
If the Director determines under subsection (a) that any
updates or revisions are necessary, the Director, in
accordance with section 552a of title 5, United States Code
(commonly known as the ``Privacy Act''), shall promptly--
(1) issue the updates or revisions; and
(2) notify the relevant committees.
______