[Senate Report 118-250]
[From the U.S. Government Publishing Office]
Calendar No. 651
118th Congress } { Report
SENATE
2nd Session } { 118-250
_______________________________________________________________________
CHANCE TO COMPETE ACT OF 2024
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 59
TO IMPLEMENT MERIT-BASED REFORMS TO THE
CIVIL SERVICE HIRING SYSTEM THAT REPLACE
DEGREE-BASED HIRING WITH SKILLS- AND
COMPETENCY-BASED HIRING
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 2, 2024.--Ordered to be printed
------
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2025
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut JOSH HAWLEY, Missouri
LAPHONZA R. BUTLER, California ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Alan S. Kahn, Chief Counsel
Lena C. Chang, Director of Governmental Affairs
Devin M. Parsons, Senior Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 651
118th Congress } { Report
SENATE
2nd Session } { 118-250
======================================================================
CHANCE TO COMPETE ACT OF 2024
_______
December 2, 2024.--Ordered to be printed
_______
Mr. Peters, from the Committee on Homeland Security and
Governmental ffairs, submitted the following
R E P O R T
[To accompany S. 59]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred 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, having considered the same, reports favorably thereon
with an amendment, in the nature of a substitute, and
recommends that the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................4
IV. Section-by-Section Analysis of the Bill, as Reported.............5
V. Evaluation of Regulatory Impact..................................6
VI. Congressional Budget Office Cost Estimate........................7
VII. Changes in Existing Law Made by the Bill, as Reported............8
I. Purpose and Summary
S. 59, the Chance to Compete Act of 2024, reforms the
process of hiring candidates into the federal competitive
service by incorporating skills-based and competency-based
technical assessments and more centrally involving subject
matter experts within agencies. The bill directs agencies to
maximally adopt the use of technical assessments and phase out
the use of occupational questionnaires (or self-assessments)
during a three-year window. For particular job series in which
a technical assessment, as defined by this bill, would be
impractical for an agency, the bill establishes a process
involving certifications submitted to Congress and the Office
of Personnel Management (OPM) in which agencies can access a
time-limited waiver and pair the continued use of the
occupational questionnaire with a resume review. In addition,
the bill directs OPM to conduct a feasibility study within one
year of the bill's enactment regarding the practicality and
cost-benefit analysis of sharing technical assessments among
agencies. OPM would also conduct a government-wide review of
minimum educational requirements for competitive service
positions and submit recommendations to Congress based on the
findings of the review for amending the hiring process. The
bill would require implementation reports from OPM and, within
three years of the bill's enactment, an assessment of
implementation by the Government Accountability Office
(GAO).\1\
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\1\On February 2, 2022, the Committee approved S. 3423, the Chance
to Compete Act of 2022. That bill is similar to S. 59. Accordingly,
this committee report is, in many respects, similar to the committee
report for S. 3423. See S. Rept. 117-150.
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II. Background and Need for the Legislation
Since 2001, GAO has placed Strategic Human Capital
Management on its High Risk List, a list of federal government
operations with vulnerabilities that have significant effects
on public resources or services. GAO finds that: ``Mission-
critical skills gaps specific to federal agencies and across
the federal workforce pose a high risk to the nation. They
impede the government from cost effectively serving the public
and achieving desired results.'' GAO also notes that federal
agencies often experience skills gaps because of a shortfall in
talent management activities.\2\
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\2\Government Accountability Office, Strategic Human Capital
Management (www.gao.gov/highrisk/strategic-human-capital-management)
(accessed August 6, 2024).
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The National Academy of Public Administration (NAPA) has
released multiple white papers examining talent management
strategies for addressing human capital challenges in the
federal government.\3\ The NAPA recommendations include calling
on the federal government to ``empower talent managers [. . .]
with a keen knowledge of the skills and competencies employees
should master for a line of work.''\4\
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\3\National Academy of Public Administration, No Time to Wait:
Building a Public Service for the 21st Century (July 2017)
(napawash.org/academy-studies/no-time-to-wait-part-2-building-a-public-
service-for-the-21st-century) (accessed Aug. 6, 2024).
\4\National Academy off Public Administration, No Time to Wait,
Part 2: Building a Public Service for the 21st Century (Sept. 2018)
(napawash.org/academy-studies/no-time-to-wait-part-2-building-a-public-
service-for-the-21st-century) (accessed Aug. 6, 2024).
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In 2020, a report published by the National Commission on
Military, National, and Public Service described issues with
the federal hiring process that deter applicants and do not
result in candidates that meet agency needs.\5\ The Commission
report recommended that Congress reform federal hiring
processes by moving away from the current style of resume
reviews and self-assessments and toward the use of more
advanced assessments that involve hiring managers and subject
matter experts.\6\
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\5\National Commission on Military, National, and Public Service,
Inspired to Serve: The Final Report of the National Commission on
Military, National, and Public Service (Mar. 2020).
\6\Id. at 68.
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In July 2020, President Trump issued an Executive Order
that aims to prevent agencies from relying solely on the self-
evaluations of job applicants when making hiring decisions. The
Executive Order also directs OPM to work with the heads of
agencies to ensure that they are developing or identifying
assessment practices to determine if job candidates have the
necessary knowledge, skills, competencies, and abilities,
rather than relying on the individual's educational
attainment.\7\
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\7\Exec. Order No. 13932, 85 Fed. Reg. 39457 (June 26, 2020).
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In May 2021, OPM issued guidance for the continued
implementation of that Executive Order, expressing continued
support for the prior Administration's effort to expand skills-
based hiring for federal jobs.\8\ Agencies had until December
2022 to fully comply with the directives in the Executive Order
and related guidance.\9\ Despite this effort across
Administrations to move agencies away from using self-
assessments, almost 90% of competitive job announcements across
the federal government still centrally involve the self-
assessment questionnaires and human resources resume
reviews.\10\
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\8\Memorandum from Office of Personnel Management Director Kiran
Ahuja to Heads of Executive Departments and Agencies, Guidance
Release--E.O. 13932 (May 19, 2022) (chcoc.gov/content/guidance-release-
eo-13932-modernizing-and-reforming-assessment-and-hiring-federal-job).
\9\Memorandum from Office of Personnel Management Director Kiran
Ahuja to Heads of Executive Departments and Agencies, Updated Interim
Guidance--E.O. 13932 (Dec. 29, 2021) (chcoc.gov/sites/default/files/
EO13932-Updated-Interim-Guidance-and-Extension-Memo_508.pdf); See also
Office of Personnel Management, Qualifications, Assessment, and Hiring
Policy Frequently Asked Questions (FAQs) (www.opm.gov/policy-data-
oversight/classification-qualifications/general-schedule-qualification-
standards/executive-order-13932-faqs.pdf) (accessed Sep. 26, 2024).
\10\General Services Administration, Hiring Assessment and
Selection Outcome Dashboard (d2d.gsa.gov/report/hiring-assessment-and-
selection-outcome-dashboard) (accessed Aug. 6, 2024).
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Additional materials issued by President Biden have
similarly acknowledged the negative impact that the federal
government's complex hiring process and long hiring times have
had on the capacity of federal agencies to carry out their
duties.\11\ The 2022 President's Management Agenda called for
adapting federal hiring processes to meet future demands.\12\
More recently, the President's Budget request for fiscal year
2025 noted: ``It should be straightforward for the public to
bring their talents to the Federal civil service, and agencies
should have personnel systems that allow them to hire this
talent effectively and expeditiously.''\13\ The budget request
further suggested that agencies should collaborate to leverage
investments in rigorous assessments and competency-based tools,
as well as ``engage support from subject matter experts and HR
specialists in agencies to maximize value and distribute
costs.''\14\
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\11\General Services Administration & the Office of Management and
Budget, The Biden-Harris Management Agenda Vision: Toward an Equitable,
Effective, and Accountable Government that Delivers Results for All
(assets.performance.gov/PMA/Biden-Harris_Management_Agenda_
Vision_11-18.pdf) (accessed Aug. 6, 2022).
\12\Id. at 19.
\13\The White House Office of Management and Budget, Analytical
Perspectives: Budget of the U.S. Government Fiscal Year 2025 (Mar. 11,
2024) (www.govinfo.gov/content/pkg/BUDGET-2025-PER/pdf/BUDGET-2025-
PER.pdf).
\14\Id.
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The Chance to Compete Act of 2024 would take multiple steps
to improve the way the federal government assesses and hires
candidates into the civil service. The bill would build on a
successful pilot conducted through the U.S. Digital Service, in
partnership with OPM. The pilot uses a process for assessing
federal job candidates called the ``Subject Matter Expert
Qualification Assessments'' or ``SME QA'' process, in which
subject matter experts assist HR specialists with making
qualification determinations and developing competency-based
assessments and reviews. Results of the pilot program have
included a reduction in the hiring time of applicable positions
at the Department of Interior from 45 to 16 days on average,
and the Department ultimately hiring 52% of qualified
candidates who applied. In addition, the pool of hired
applicants included veterans and a diversity in race, age, and
gender. In this model, subject matter experts are centrally
involved in assessing the skills and competencies of applicants
to ensure they are truly qualified for the work.\15\
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\15\U.S. Digital Service, Subject Matter Expert Qualification
Assessments (SME-QA) (www.usds.gov/projects/smeqa) (accessed Aug. 6,
2024).
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The Chance to Compete Act of 2024 would encourage movement
toward hiring processes like the SME QA process by setting a
deadline for agencies to phase out the use of self-assessments
in the hiring process, as well as by defining ``technical
assessments'' and describing the role of subject matter experts
in developing and administering assessments for job applicants.
In addition, the bill directs OPM to review the feasibility of
sharing technical assessments across federal agencies and
developing an online platform to make it easier for agencies to
share and customize technical assessments. The bill would also
require OPM to review positions in the competitive service to
determine the need for minimum educational requirements for
those positions. Furthermore, the bill prompts agencies to
establish or sustain talent teams focused on improving the
competitive examination and hiring process.\16\
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\16\See White House Office of Management and Budget, supra note 13.
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III. Legislative History
Senator Kyrsten Sinema (I-AZ) introduced S. 59, the Chance
to Compete Act of 2023, on January 24, 2023, with original
cosponsors Senators Bill Hagerty (R-TN), James Lankford (R-OK),
and Tom Carper (D-DE). The bill was referred to the Committee
on Homeland Security and Governmental Affairs.
The Committee considered S. 59 at a business meeting on
July 31, 2024. At the business meeting, Senator Sinema offered
a modified substitute amendment to the bill. The substitute
amendment made significant changes to the introduced version of
the bill, such as updating the short title, adding a
definitions subsection to the relevant section of title 5,
refining the definitions, changing the implementation periods
for certain requirements, establishing certification controls
for technical assessment waivers, requiring that continued use
of occupational questionnaires are paired with a resume review,
and changing the requirements of the feasibility study. The
modification to the substitute amendment made further changes
to the implementation timelines for certain requirements. The
Committee adopted the modification to the substitute amendment
and the substitute amendment, as modified, by unanimous
consent, with Senators Peters, Carper, Hassan, Sinema, Rosen,
Ossoff, Blumenthal, Butler, Paul, Lankford, and Scott present.
The bill was ordered reported favorably by roll call vote of 11
yeas to 0 nays, with Senators Peters, Carper, Hassan, Sinema,
Rosen, Ossoff, Blumenthal, Butler, Paul, Lankford, and Scott
voting in the affirmative. Senators Johnson, Romney, Hawley,
and Marshall voted yea by proxy, for the record only.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section establishes the short title of the bill as the
``Chance to Compete Act of 2024.''
Section 2. Definitions
This section adds a definitions subsection to section 3304
of title 5, United States Code, which describes the examination
process for hiring applicants into positions in the competitive
service. The new subsection defines the terms ``agency,''
``Director,'' ``examination,'' ``examining agency,''
``occupational questionnaire,'' ``Office,'' ``passing score,''
``relevant committees,'' ``resume review,'' ``subject matter
expert,'' and ``technical assessment'' for the purpose of
section 3304 of title 5. Section 2 of the bill also makes
related technical and conforming amendments.
Section 3. Modernizing federal hiring
This section adds new subsections (c), (d), (e), (f), (g),
and (h) to section 3304 of title 5 to revise the requirements
for how federal agencies assess applicants for positions in the
competitive service.
Subsection (c) creates a three-year transition period after
the date of the bill's enactment for federal agencies to
preference the use of technical assessments to review an
application. If a technical assessment is not practicable
during this transition period, the agency may use an
occupational questionnaire if they also include a rationale for
doing so within the job posting. The bill directs OPM to create
a plan to transition federal hiring practices to a model
involving technical assessments, as described by the bill, and
report that plan to Congress no later than 18 months after the
bill's enactment. OPM must implement the plan and agencies must
adopt the use of technical assessments within three years of
the bill's enactment. This section also establishes a waiver
process to exempt federal agencies from using a technical
assessment if it is impractical for the job series, but only if
the agency submits a certification to the OPM Director and
Congress that identifies the job series, the number of
positions that would be exempt, and a description of the
rationale for the exemption. The waiver can last for three
years and requires a re-certification process in order to
renew.
Subsection (d) describes how subject matter experts at
agencies would work with human resource employees to develop
and administer technical assessments. Technical assessments may
include a structured interview, work-related exercise, custom
or generic procedures to measure an applicant's qualifications,
or other assessments that allow for the demonstration of job-
related skills, abilities, and knowledge. This subsection
directs OPM to conduct a feasibility study on sharing technical
assessments across federal agencies and creating an online
platform for agencies to share the assessments.
Subsection (e) requires agencies that continue to use an
occupational questionnaire during the transition period or
under the waiver process described in subsection (c) to also
undertake a resume review for each applicant referred for
further consideration after completing the questionnaire.
Subsection (f) authorizes agencies to establish federal
agency talent teams to provide hiring support, and subsection
(g) authorizes OPM to create a federal talent team for a
similar purpose to support agencies' efforts.
Subsection (h) directs OPM to promulgate regulations to
implement and interpret section 3304.
Section 4. Competitive service candidate hiring and reform
This section requires OPM to review positions that federal
agencies have determined require a minimal educational
requirement to ensure such requirements are justified for the
positions. To conduct the review, OPM must work with federal
agencies, employee representatives, experts, and other
stakeholders. OPM must report to Congress within one year of
the bill's enactment, including on recommendations for updating
the hiring process for the competitive service.
Section 5. Reports
Subsection (a) of this section directs OPM to, over a five-
year period, annually submit to Congress and publish online a
report that examines federal agencies' progress implementing
this bill and that identifies any difficulties with
implementation.
Subsection (b) directs OPM to annually submit to Congress
and publish online a report that compiles summary data from
agency examinations of job applicants for competitive service
positions, including the type of examination used and
demographic data.
Subsection (c) directs OPM, within 180 days of the bill's
enactment, to issue guidance for federal agencies on the data
needed for the annual reporting, which federal agencies must
provide on a quarterly basis.
Section 6. GAO report
This section directs GAO, within three years of the bill's
enactment, to report to Congress on the implementation of the
provisions in this bill and the bill's impact on federal
hiring, along with any recommendations for improving hiring
process for the competitive service.
Section 7. Evaluation for potential updates or revisions to govern-
ment wide systems of records at the Office of Personnel Manage-
ment
This section directs OPM, within one year of the bill's
enactment, to evaluate whether the government-wide system of
records notices should be updated to support the implementation
of this bill and, if so, to make those updates and notify
Congress.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 59 would require federal agencies to use skills-based
assessments for hiring civil service positions but would allow
an agency to develop occupational questionnaires for openings
if it determines that an examination is impractical for certain
positions. To support those changes, the Office of Personnel
Management (OPM) would need to develop and implement a plan to
transition federal hiring practices within three years of
enactment.
S. 59 also would allow agencies and OPM to establish teams
of specialists to improve assessments and share qualified
applications throughout the federal government. Further, all
federal agencies would be required to provide data related to
the assessments they establish to OPM on a quarterly basis.
Finally, OPM and the Government Accountability Office would be
required to complete several reports to the Congress on the
feasibility of implementing assessments, hiring practices, and
governmentwide personnel records.
Under current law, qualifications for most civil service
positions include educational requirements. In June 2020,
Executive Order 13932 directed agencies to limit the use of
educational requirements in job announcements and use
assessments to measure the skills and competencies of
candidates. At present, OPM has completed some requirements
under that order, such as updating job classifications and
creating general assessments. In addition, OPM uses an online
service called USA Hire that allows federal agencies to
purchase licenses for sharing qualified applications.
Using information about similar governmentwide initiatives,
CBO expects that OPM and major federal agencies would need
about 80 full-time employees, at an average annual cost of
about $140,000 in 2025, to develop position-specific
assessments and questionnaires and to collect and analyze data
on all assessments created each quarter. On that basis and
accounting for anticipated inflation, CBO estimates
implementing those provisions would cost $76 million over the
2025-2029 period.
Based on the cost of similar activities, CBO estimates
completing the various required reports would cost $5 million
over the 2025-2029 period.
In total, CBO estimates that implementing S. 59 would cost
$81 million over the 2025-2029 period. Any related spending
would be subject to the availability of appropriated funds.
The costs of the legislation, detailed in Table 1, fall
within every budget function with costs for personnel.
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 59
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
--------------------------------------------------
2025 2026 2027 2028 2029 2025-2029
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Estimated Authorization...................................... 16 17 17 18 18 86
Estimated Outlays............................................ 13 15 17 18 18 81
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Enacting S. 59 also could affect direct spending by some
agencies that are allowed to use fees, receipts from the sale
of goods, and other collections to cover operating costs. CBO
estimates that any net changes in direct spending by those
agencies would be negligible because most of them can adjust
amounts collected to reflect changes in operating costs.
The CBO staff contact for this estimate is Kelly Durand.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
UNITED STATES CODE
* * * * * * *
TITLE 5--GOVERNMENT ORGANIZATION
AND EMPLOYEES
* * * * * * *
PART III--EMPLOYEES
SUBPART B--EMPLOYMENT AND RETENTION
* * * * * * *
CHAPTER 33--EXAMINATION, SELECTION, AND
PLACEMENT
* * * * * * *
SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND
APPOINTMENT
* * * * * * *
SEC. 3302. COMPETITIVE SERVICE; RULES
The President may prescribe rules governing the competitive
service. The rules shall provide, as nearly as conditions of
good administration warrant, for--
(1) * * *
(2) necessary exceptions from the provisions of
sections 2951, [3304(a)]3304(b), 3321, 7202, and 7203
of this title.
* * * * * * *
SEC. 3304. COMPETITIVE SERVICE; EXAMINATIONS
(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.
[(a)](b) [The President]Rules._The President may prescribe
rules which shall provide, as nearly as conditions of good
administration warrant, for--
* * * * * * *
(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.
[(b)](i) [An individual]Examination or Exception
Required.--An individual may be appointed in the competitive
service only if he has passed an examination or is specifically
excepted from examination undersection 3302 of this title. This
subsection does not take from the President any authority
conferred bysection 3301 of this titlethat is consistent with
the provisions of this title governing the competitive service.
[(c)](j)[(1) For the purpose]Technicians.--(1) For the
purpose of this subsection, the term ``technician'' has the
meaning given such term by section 8337(h)(1) of this title.
* * * * * * *
[(d)](k) [The Office]Consideration of Experience.--The
office of Personnel Management shall promulgate regulations on
the manner and extent that experience of an individual in a
position other than the competitive service, such as the
excepted service (as defined under section 2103) in the
legislative or judicial branch, or in any private or nonprofit
enterprise, may be considered in making appointments to a
position in the competitive service (as defined under section
2102). In promulgating such regulations OPM shall not grant any
preference based on the fact of service in the legislative or
judicial branch. The regulations shall be consistent with the
principles of equitable competition and merit based
appointments.
[(e)](l) [Employees]Use of Public Buildings.--Employees at
any place outside the District of Columbia where the President
or the Office of Personnel Management directs that examinations
be held shall allow the reasonable use of public buildings for,
and in all proper ways facilitate, holding the examinations.
[(f)]](m)[(1) Preference eligibles or veterans]Preference
Eligibles and Veterans.--(1) Preference eligibles or veterans
who have been separated from the armed forces under honorable
conditions after 3 years or more of active service may not be
denied the opportunity to compete for vacant positions for
which the agency making the announcement will accept
applications from individuals outside its own workforce under
merit promotion procedures.
* * * * * * *
[(g)](n) Eligibility of Department of Defense Employees in
Time-Limited Appointments to Compete for Permanent
Appointments.--
* * * * * * *
SEC. 3330A. PREFERENCE ELIGIBLES' ADMINISTRATIVE REDESS
(a)
(1)
(A) * * *
(B) A veteran described in section
[3304(f)(1)]3304(m)(1) who alleges that an
agency has violated such section with respect
to such veteran may file a complaint with the
Secretary of Labor.
* * * * * * *
SUBPART I--MISCELLANEOUS
* * * * * * *
CHAPTER 98--NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
* * * * * * *
SEC. 9810. DISTINGUISED SCHOLAR APPOINTMENT AUTHORITY
(a) * * *
(b) The Administration may appoint, without regard to the
provisions of section [3304(b)]3304(i) and sections 3309
through 3318, but subject to subsection (c), candidates
directly to General Schedule professional, competitive service
positions in the Administration for which public notice has
been given (in accordance with regulations of the Office of
Personnel Management), if--
* * * * * * *
TITLE 22--FOREIGN RELATIONS AND
INTERCOURSE
* * * * * * *
CHAPTER 45--COMMISSION ON SECURITY AND
COOPERATION IN EUROPE
* * * * * * *
SEC. 3008. COMMISSION STAFF
* * * * * * *
(d) Commission Employees as Congressional Employees.--
(1) * * *
(2) For purposes of section [3304(c)(1)]3304(j)(1) of
title 5, staff personnel of the Commission shall be
considered as if they are in positions in which they
are paid by the Secretary of the Senate or the Chief
Administrative Officer of the House of Representatives.
* * * * * * *
CHAPTER 77--UNITED STATES CHINA RELATIONS
* * * * * * *
SUBCHAPTER II--CONGRESSIONAL-EXECUTIVE
COMMISSION ON THE PEOPLE'S REPUBLIC OF CHINA
* * * * * * *
SEC. 6918. STAFF OF THE COMMISSION
* * * * * * *
(e) Commission Employees as Congressional Employees.--
(1) * * *
(2) Competitive status.--For purposes of section
[3304(c)(1)]3304(j)(1) of title 5, United States Code,
employees of the Commission shall be considered as if
they are in positions in which they are paid by the
Secretary of the Senate or the Clerk of the House of
Representatives.
* * * * * * *
TITLE 42--THE PUBLIC HEALTH AND
WELFARE
* * * * * * *
CHAPTER 152--ENERGY INDEPENDENCE AND SECURITY
* * * * * * *
SUBCHAPTER I--IMPROVED VEHICLE TECHNOLOGY
* * * * * * *
SEC. 17013. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING IN-
CENTIVE PROGRAM
* * * * * * *
(i) Appointment and Pay of Personnel.--
(1) The Secretary may use direct hiring authority
pursuant to section [3304(a)(3)]3304(b)(3) of title 5,
United States Code, to appoint such professional and
administrative personnel as the Secretary deems
necessary to the discharge of the Secretary's functions
under this section.
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