5 U.S.C. § 3304: Competitive service; examinations

The term “agency” means an Executive agency. The term “Director” means the Director of the Office. The term “examination” means the process by which an applicant demonstrates knowledge, skills, abilities, and competencies. the Office; or an agency to which the Director has delegated examining authority under section 1104(a)(2). The term “Office” means the Office of Personnel Management. 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. the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committee on Oversight and Accountability of the House of Representatives. 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 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. allows for the demonstration of job-related skills, abilities, knowledge, and competencies; is based upon a job analysis; and does not solely include or principally rely upon a self-assessment from an automated examination. open, competitive examinations for testing applicants for appointment in the competitive service which are practical in character and as far as possible relate to matters that fairly test the relative capacity and fitness of the applicants for the appointment sought; noncompetitive examinations when competent applicants do not compete after notice has been given of the existence of the vacancy; and public notice has been given; and the Office of Personnel Management has determined that there exists a severe shortage of candidates (or, with respect to the Department of Veterans Affairs, that there exists a severe shortage of highly qualified candidates) or that there is a critical hiring need. 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. job classifications; and resource requirements; and a timeline for full implementation of the transition. 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 examining agency determines that use of a technical assessment is impracticable for the job series; and 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. 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). 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 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 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. 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. 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. 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. An individual may be appointed in the competitive service only if he has passed an examination or is specifically excepted from examination under section 3302 of this title . This subsection does not take from the President any authority conferred by section 3301 of this title that is consistent with the provisions of this title governing the competitive service. For the purpose of this subsection, the term “technician” has the meaning given such term by section 8337(h)(1) of this title . is involuntarily separated from service as a technician other than by removal for cause on charges of misconduct or delinquency; passes a suitable noncompetitive examination; and transfers to the competitive service within 1 year after separating from service as a technician. The office 2 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. 2 So in original. Probably should be capitalized. 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. 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. If selected, a preference eligible or veteran described in paragraph (1) shall receive a career or career-conditional appointment, as appropriate. This subsection shall not be construed to confer an entitlement to veterans’ preference that is not otherwise required by law. The area of consideration for all merit promotion announcements which include consideration of individuals of the Federal workforce shall indicate that preference eligibles and veterans who have been separated from the armed forces under honorable conditions after 3 years or more of active service are eligible to apply. The announcements shall be publicized in accordance with section 3327. The Office of Personnel Management shall prescribe regulations necessary for the administration of this subsection. The regulations shall ensure that an individual who has completed an initial tour of active duty is not excluded from the application of this subsection because of having been released from such tour of duty shortly before completing 3 years of active service, having been honorably released from such duty. the term “Department” means the Department of Defense; and the term “time-limited appointment” means a temporary or term appointment in the competitive service. the employee was appointed initially under open, competitive examination under subchapter I of this chapter to the time-limited appointment; the employee has served under 1 or more time-limited appointments within the Department for a period or periods totaling more than 2 years without a break of 2 or more years; and the employee’s performance has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (B). becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and acquires competitive status upon appointment. the employee applies for a position covered by this section not later than 2 years after the most recent date of separation; and the employee’s most recent separation was for reasons other than misconduct or performance. The Office of Personnel Management shall prescribe regulations necessary for the administration of this subsection. conduct a study on excepted service considerations for competitive service appointments relating to such amendment; and take all necessary actions for the regulations described under such amendment to take effect as final regulations on the effective date of this section.” examines the progress of examining agencies in implementing the requirements of this Act [see Short Title of 2024 Amendment note set out under section 101 of this title ] and the amendments made by this Act; and identifies any significant difficulties encountered in the implementation described in subparagraph (A). The Director may include the report required under paragraph (1) as an addendum to the report required under subsection (b). provides a reason for the delay; and advises the public and the relevant committees of the anticipated date of publication and submission of the report. the type of examination used; and summary data from examinations that are closed, audited, and anonymous on the use of examinations for the competitive service, including technical assessments. 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. the related announcement is closed; certificates have been audited; and all hiring processes are completed. provides a reason for the delay; and advises the public and the relevant committees of the anticipated date of publication and submission of the report. 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). Each examining agency shall provide the data outlined in the guidance issued by the Director under paragraph (1) on a quarterly basis.” Not later than 1 year after the date of enactment of this Act [ Dec. 23, 2024 ], the Director [of the Office of Personnel Management] 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 [see Short Title of 2024 Amendment set out under section 101 of this title ] and the amendments made by this Act. issue the updates or revisions; and notify the relevant committees [Committee on Homeland Security and Governmental Affairs of the Senate and Committee on Oversight and Accountability of the House of Representatives].” 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 the term ‘competitive service’ has the meaning given the term in section 2102 of title 5 , United States Code.”