[Congressional Record Volume 170, Number 186 (Monday, December 16, 2024)]
[House]
[Pages H7215-H7218]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CHANCE TO COMPETE ACT OF 2024
Mr. BURLISON. Mr. Speaker, I move to suspend the rules and pass 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
[[Page H7216]]
S. 59
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chance to Compete Act of
2024''.
SEC. 2. DEFINITIONS.
(a) Amendatory Definitions.--
(1) In general.--Section 3304 of title 5, United States
Code, is amended--
(A) by redesignating subsections (b) through (g) as
subsections (h) through (m), respectively;
(B) by redesignating subsection (a) as subsection (b); and
(C) by inserting before subsection (b), as so redesignated,
the following:
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means an Executive agency.
``(2) Director.--The term `Director' means the Director of
the Office.
``(3) Examination.--The term `examination' means the
process by which an applicant demonstrates knowledge, skills,
abilities, and competencies.
``(4) Examining agency.--The term `examining agency'
means--
``(A) the Office; or
``(B) an agency to which the Director has delegated
examining authority under section 1104(a)(2).
``(5) Office.--The term `Office' means the Office of
Personnel Management.
``(6) Passing score.--The term `passing score' means a
minimum acceptable score or rating, consistent with
applicable law, that may include a quantitative or
qualitative assessment that an applicant can pass or fail.
``(7) Relevant committees.--The term `relevant committees'
means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(B) the Committee on Oversight and Accountability of the
House of Representatives.
``(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 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
[[Page H7217]]
``(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Missouri (Mr. Burlison) and the gentleman from Maryland (Mr. Raskin)
each will control 20 minutes.
The Chair recognizes the gentleman from Missouri.
General Leave
Mr. BURLISON. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
There was no objection.
Mr. BURLISON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 59, the Chance to Compete Act.
The concept of this bill is very simple: Let's hire applicants for
Federal positions based on whether they have the skills to do the job.
Too frequently, the Federal hiring process is based on whether or not
somebody has a degree even if that degree has nothing to do with the
position.
Additionally, Federal hiring managers also rely on required self-
assessments filled out by applicants to determine their own skill sets,
strengths, and weaknesses. Not surprisingly, such self-assessments do
not work very well. The Chance to Compete Act authorizes agencies to
develop appropriate skills-based examinations so that applicants for
Federal jobs can show what they know.
Federal supervisors have said that their top concern is getting a
pool of quality candidates to perform necessary jobs. The Chance to
Compete Act addresses this problem head-on. It will create teams of
subject matter experts to help agencies create assessments that are
geared for the job.
[[Page H7218]]
This idea is supported by Federal managers, and it builds off of work
begun in the Trump administration, which the Biden administration has
continued.
I thank Representative Foxx, the sponsor of the House companion bill,
along with Representatives Connolly, Khanna, Mfume, and Mace for their
support.
This is a good policy that will help the American people's government
work better, and I urge my colleagues to support S. 59.
Mr. Speaker, I reserve the balance of my time.
Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 59, introduced in the Senate by
Senators Sinema and Lankford. The House passed a substantially similar
bill to this in January of last year. I commend Representatives Foxx
and Connolly for their excellent work on the bill.
The legislation makes evaluations more useful in assessing the skills
of candidates for Federal jobs and makes the hiring process more
efficient and more effective rather than relying on attainment of an
educational degree to determine candidate qualifications in the Federal
hiring process.
Subject matter experts in agencies would develop assessments that are
designed to test specific knowledge needed for the position. This
overhaul would better match qualified applicants with open positions
and expand employment opportunities to candidates with various
professional and educational backgrounds.
The Chance to Compete Act aligns with the Office of Personnel's
guidance released in May of 2022, which strives to modernize the
process of assessing and hiring Federal job candidates. Establishing
hiring methods that are more skills-based will improve agency managers'
ability to hire people who possess the right skills and knowledge to do
the job and also allow agencies to hire from a much broader pool of
qualified applicants.
The bill directs OPM to study the feasibility of creating an online
platform for sharing candidate assessments between agencies. Under the
legislation, agencies may also assemble talent teams to support this
assessment of job candidates in the hiring process.
The OPM Director would be required to submit annual progress reports
to Congress for 5 years on the use and the effectiveness of the new
skills-based assessments.
The GAO would be required to submit a report on implementation of the
bill 3 years after enactment. The bill streamlines the hiring process
for agencies and will shorten the time it takes to bring new and well-
qualified employees aboard.
Mr. Speaker, I reserve the balance of my time.
Mr. BURLISON. Mr. Speaker, I yield 4 minutes to the gentlewoman from
North Carolina (Ms. Foxx).
Ms. FOXX. Mr. Speaker, hiring people based on their unique individual
skills is something I have promoted all my life. It is precisely why I
introduced the Chance to Compete Act.
As the largest employer in the Nation with almost 2.2 million
employees, it is time for the Federal Government to base its hiring on
verifiable skills instead of degrees or self-evaluation.
People should be hired on their ability to do the job. This is a
commonsense idea that the private sector figured out a long time ago.
It is easy to see that current Federal hiring practices are broken.
These hiring practices rely on how many degrees one has and on self-
evaluations that allow candidates to grossly inflate their own
qualifications. They can claim to be experts on a particular subject,
but they are not being evaluated by an objective standard.
Hardworking American taxpayers are the ones who are forced to pay for
employees who cannot properly perform their own jobs. I have even seen
this play out recently while my office has been dealing with FEMA and
other Federal agencies in the wake of Hurricane Helene.
Fortunately, there is a better way.
The Chance to Compete Act allows the Federal Government to retain
subject matter experts, those who know what it takes to do a job, who
design and administer skills-based assessments to job seekers. This is
designed to identify candidates who have the professional wherewithal
to complete a job.
These assessments also weed out those applicants who merely claim to
be experts and have the right degree on paper. The Trump administration
recognized this issue with an executive order in 2020 by directing
agencies to identify qualified applicants to hire people based on
objective standards, such as structured interviews, knowledge, or
writing tests.
It is good that the Congress will codify this effort by passing this
law and the Trump administration will be able to implement it. The
Federal Government owes it to taxpayers to hire people based on their
ability to do the job. The House recognized this when it passed the
House version of the Chance to Compete Act in January of 2023 in a vote
of 422 to 2.
Mr. Speaker, I urge my colleagues to pass this carefully crafted
Senate compromised version, S. 59, today.
Mr. RASKIN. Mr. Speaker, I have no further speakers, and I reserve
the balance of my time.
Mr. BURLISON. Mr. Speaker, I urge my colleagues to support this bill,
and I yield back the balance of my time.
Mr. RASKIN. Mr. Speaker, I urge all my colleagues to support S. 59,
and I salute Ms. Foxx on her excellent leadership and stewardship of
this legislation.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Missouri (Mr. Burlison) that the House suspend the rules
and pass the bill, S. 59.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________