S 59 — Chance to Compete Act of 2024

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

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 TITLE 5--GOVERNMENT ORGANIZATION
 AND EMPLOYEES

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 PART III--EMPLOYEES

 SUBPART B--EMPLOYMENT AND RETENTION

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 CHAPTER 33--EXAMINATION, SELECTION, AND
 PLACEMENT

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 SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND
 APPOINTMENT

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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.

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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--

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 (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.

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 [(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.

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 [(g)](n) Eligibility of Department of Defense Employees in 
Time-Limited Appointments to Compete for Permanent 
Appointments.--

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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.

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 SUBPART I--MISCELLANEOUS

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 CHAPTER 98--NATIONAL AERONAUTICS AND SPACE
 ADMINISTRATION

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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--

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 TITLE 22--FOREIGN RELATIONS AND
 INTERCOURSE

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 CHAPTER 45--COMMISSION ON SECURITY AND
 COOPERATION IN EUROPE

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SEC. 3008. COMMISSION STAFF

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 (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.

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 CHAPTER 77--UNITED STATES CHINA RELATIONS

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 SUBCHAPTER II--CONGRESSIONAL-EXECUTIVE
 COMMISSION ON THE PEOPLE'S REPUBLIC OF CHINA

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SEC. 6918. STAFF OF THE COMMISSION

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 (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.

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 TITLE 42--THE PUBLIC HEALTH AND
 WELFARE

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 CHAPTER 152--ENERGY INDEPENDENCE AND SECURITY

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 SUBCHAPTER I--IMPROVED VEHICLE TECHNOLOGY

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SEC. 17013. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING IN-
 CENTIVE PROGRAM

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 (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.