Sec. 3. Modernizing Federal hiring

955 words·~4 min read·/bill/118/s/59/es/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 3304 of title 5, United States Code, is amended by inserting after subsection (b), as redesignated by section 2, the following: 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). 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.

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.

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— the prioritization of— job classifications; and resource requirements; and a timeline for full implementation of the transition. In developing the plan under subparagraph (A), the Director shall consult with, at minimum— the Director of the Office of Management and Budget; the Chair of the Chief Human Capital Officers Council; employee representatives; and relevant external stakeholders.

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). 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). The requirement under subparagraph

(B)shall not apply to an examining agency with respect to a particular job series if— the examining agency determines that use of a technical assessment is impracticable for the job series; and 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— identification of the job series; 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 a description of the rationale for the determination. A waiver under this subparagraph shall be effective for the period— beginning on the date that is 1 day after the date on which the applicable certification is submitted under clause (i)(II); and ending on the date that is 3 years after the date on which the applicable certification is submitted under clause (i)(II). The head of an examining agency may not delegate the authority to submit a certification under clause (i)(II). 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— 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— a structured interview; a work-related exercise; a custom or generic procedure used to measure an applicant’s employment or career-related qualifications and interests; or another assessment that— allows for the demonstration of job-related technical skills, abilities, and knowledge; and is relevant to the position for which the assessment is developed; and administer the assessment developed under subparagraph

(A)to— determine whether an applicant for the position has a passing score to be qualified for the position; or rank applicants for the position for category rating purposes under section 3319. Not later than 1 year after the date of enactment of the Chance to Compete Act of 2024 , the Director shall— conduct a feasibility study that examines the practicability, including a cost benefit analysis, of— the sharing of technical assessments by an examining agency with another examining agency; mechanisms for each examining agency to maintain appropriate control over examination material that is shared by the examining agency as described in clause (i); 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 the development of an online platform on which examining agencies can share and customize technical assessments as described in this subparagraph; and submit to the relevant committees a report on the study conducted under subparagraph (A). An agency may establish 1 or more agency talent teams, including at the component level. An agency talent team shall provide hiring support to the agency, including by— improving examinations; facilitating the writing of job announcements for the competitive service; sharing high-quality certificates of eligible applicants; and facilitating hiring for the competitive service using examinations. The Director may establish a Federal talent team to support agency talent teams by— facilitating hiring actions across the Federal Government; providing training; creating tools and guides to facilitate hiring for the competitive service; and developing technical assessments. The Director shall promulgate such regulations as are necessary to implement and interpret this section. .