[118th Congress Public Law 188]
[From the U.S. Government Publishing Office]
[[Page 2643]]
CHANCE TO COMPETE ACT OF 2024
[[Page 138 STAT. 2644]]
Public Law 118-188
118th Congress
An Act
To implement merit-based reforms to the civil service hiring system that
replace degree-based hiring with skills- and competency-based
hiring. <<NOTE: Dec. 23, 2024 - [S. 59]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Chance to
Compete Act of 2024.>>
SECTION 1. <<NOTE: 5 USC 101 note.>> 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.
[[Page 138 STAT. 2645]]
``(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'';
[[Page 138 STAT. 2646]]
(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) <<NOTE: 5 USC 3304 note.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Timeline.>> 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--
[[Page 138 STAT. 2647]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Determination.>> the
examining agency determines that use of
a technical assessment is impracticable
for the job series; and
``(II) <<NOTE: Certification.>> 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) <<NOTE: Time period.>> 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;
[[Page 138 STAT. 2648]]
``(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) <<NOTE: Determination.>> 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.-- <<NOTE: Deadline.>> Not later than 1 year after
the date of enactment of the Chance to Compete Act of 2024, the
Director shall--
``(A) <<NOTE: Examination. Cost analysis.>> 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) <<NOTE: Reports.>> submit to the relevant
committees a report on the study conducted under
subparagraph (A).
``(e) Federal Agency Talent Teams.--
``(1) <<NOTE: Establishment.>> 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) <<NOTE: Establishment.>> 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;
[[Page 138 STAT. 2649]]
``(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.-- <<NOTE: Determination.>> 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.-- <<NOTE: Recommenda- tions.>> 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. <<NOTE: Public information. Web postings. 5 USC 3304
note.>> REPORTS.
(a) Implementation Reports.--
(1) <<NOTE: Time period.>> 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) <<NOTE: Examination.>> 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) <<NOTE: Notification.>> 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
[[Page 138 STAT. 2650]]
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) <<NOTE: Data.>> 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) <<NOTE: Notification.>> 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.-- <<NOTE: Guidance. Compliance.>> 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. <<NOTE: Assessments.>> 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) <<NOTE: Recommenda- tions.>> makes recommendations for
the improvement of the hiring process for the competitive
service.
[[Page 138 STAT. 2651]]
SEC. 7. <<NOTE: 5 USC 3304 note.>> EVALUATION FOR POTENTIAL
UPDATES OR REVISIONS TO GOVERNMENT-WIDE
SYSTEMS OF RECORDS AT THE OFFICE OF PERSONNEL
MANAGEMENT.
(a) In General.-- <<NOTE: Deadline.>> 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 <<NOTE: Determination.>> 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.
Approved December 23, 2024.
LEGISLATIVE HISTORY--S. 59:
---------------------------------------------------------------------------
SENATE REPORTS: No. 118-250 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 170 (2024):
Dec. 12, considered and passed Senate.
Dec. 16, considered and passed House.
<all>