5 U.S. Code § 3304 - Competitive service; examinations | U.S. Code | US Law | LII / Legal Information Institute

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5 U.S. Code § 3304 - Competitive service; examinations
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(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
(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
(b)
Rules.—
The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, for—
(1)
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;
(2)
noncompetitive
examinations
when competent applicants do not compete after notice has been given of the existence of the vacancy; and
(3)
authority for agencies to appoint, without regard to the provision of
sections 3309
through 3318, candidates directly to positions for which—
(A)
public notice has been given; and
(B)
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.
The
Office
shall prescribe, by regulation, criteria for identifying such positions and may delegate authority to make determinations under such criteria.
(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 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)
In general.—
Not later
[1]
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; and
(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.
(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)
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)
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
(f)
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
(g)
Rulemaking.—
The
Director
shall promulgate such regulations as are necessary to implement and interpret this section.
(h)
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
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.
(i)
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
(2)
Notwithstanding a contrary provision of this title or of the rules and regulations prescribed under this title for the administration of the competitive service, an individual who served for at least 3 years as a
technician
acquires a competitive status for transfer to the competitive service if such individual—
(A)
is involuntarily separated from service as a
technician
other than by removal for cause on charges of misconduct or delinquency;
(B)
passes a suitable noncompetitive
examination
; and
(C)
transfers to the competitive service within 1 year after separating from service as a
technician
(j)
Consideration of Experience.—
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.
(k)
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.
(l)
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.
(2)
If selected, a preference eligible or veteran described in paragraph (1) shall receive a career or career-conditional appointment, as appropriate.
(3)
This subsection shall not be construed to confer an entitlement to veterans’ preference that is not otherwise required by law.
(4)
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.
(5)
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.
(m)
Eligibility of Department of Defense Employees in Time-limited Appointments to Compete for Permanent Appointments.—
(1)
Definitions.—
In this subsection—
(A)
the term “
Department
” means the
Department of Defense
; and
(B)
the term “
time-limited appointment
” means a temporary or term appointment in the competitive service.
(2)
Eligibility.—
Notwithstanding any other provision of this chapter or any other provision of law relating to the
examination
, certification, and appointment of individuals in the competitive service, an employee of the
Department
serving under a
time-limited appointment
is eligible to compete for a permanent appointment in the competitive service when the
Department
is accepting applications from individuals within its own workforce, or from individuals outside its own workforce, under merit promotion procedures, if—
(A)
the employee was appointed initially under open, competitive
examination
under subchapter I of this chapter to the
time-limited appointment
(B)
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
(C)
the employee’s performance has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (B).
(3)
Career-conditional status; competitive status.—
An individual appointed to a permanent position under this section—
(A)
becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and
(B)
acquires competitive status upon appointment.
(4)
Former employees.—
If the
Department
is accepting applications as described in paragraph (2), a former employee of the
Department
who served under a
time-limited appointment
and who otherwise meets the requirements of this section shall be eligible to compete for a permanent position in the competitive service under this section if—
(A)
the employee applies for a position covered by this section not later than 2 years after the most recent date of separation; and
(B)
the employee’s most recent separation was for reasons other than misconduct or performance.
(5)
Regulations.—
The
Office of Personnel Management
shall prescribe regulations necessary for the administration of this subsection.
Pub. L. 89–554
Sept. 6, 1966
80 Stat. 418
Pub. L. 95–454, title IX, § 906(a)(5)
Oct. 13, 1978
92 Stat. 1225
Pub. L. 99–586
Oct. 29, 1986
100 Stat. 3325
Pub. L. 104–65
, §§ 16(a), (b), 17(a),
Dec. 19, 1995
109 Stat. 703
Pub. L. 104–186, title II, § 215(2)
Aug. 20, 1996
110 Stat. 1745
Pub. L. 105–339, § 2
Oct. 31, 1998
112 Stat. 3182
Pub. L. 106–117, title V, § 511(c)
Nov. 30, 1999
113 Stat. 1575
Pub. L. 107–296, title XIII, § 1312(a)(1)
Nov. 25, 2002
116 Stat. 2290
Pub. L. 108–375, div. A, title XI, § 1105(g)
Oct. 28, 2004
118 Stat. 2075
Pub. L. 109–163, div. A, title XI, § 1104(e)(2)
Jan. 6, 2006
119 Stat. 3450
Pub. L. 111–84, div. A, title XI, § 1102(d)(2)
Oct. 28, 2009
123 Stat. 2485
Pub. L. 115–46, title II, § 213
Aug. 12, 2017
131 Stat. 967
Pub. L. 117–263, div. A, title XI, § 1108
Dec. 23, 2022
136 Stat. 2818
Pub. L. 118–188
, §§ 2(a)(1), (2)(E), 3,
Dec. 23, 2024
138 Stat. 2644–2646
.)
[1]
So in original. Probably should be followed by “than”.
[2]
So in original. Probably should be capitalized.
Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
(a)
5 U.S.C. 633(2)
1.
Jan. 16, 1883, ch. 27, § 2(2)
1,
22 Stat. 403
5 U.S.C. 633(2)
7 (less last 17 words).
Jan. 16, 1883, ch. 27, § 2(2)
7 (less last 17 words),
22 Stat. 404
(b)
5 U.S.C. 638
(as applicable to appointment).
Jan. 16, 1883, ch. 27, § 7
(as applicable to appointment),
22 Stat. 406
(c)
5 U.S.C. 631b(b)
Nov. 26, 1940, ch. 919, § 2(b)
54 Stat. 1212
Feb. 12, 1946, ch. 3
60 Stat. 3
May 29, 1958
Pub. L. 85–432, § 5
72 Stat. 151
5 U.S.C. 631b(c)
June 24, 1952, ch. 456
66 Stat. 155
(d)
5 U.S.C. 635
(7th sentence).
Jan. 16, 1883, ch. 27, § 3
(7th sentence),
22 Stat. 404
In subsection (a), the authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into
section 3302.
The words “competitive service” are substituted for “public service” since the requirements do not apply to the excepted or uniformed service.
In subsection (b), the words “That after the expiration of six months from the passage of this act” are omitted as executed. The words “in the competitive service” are substituted for “in either of the said classes now existing, or that may be arranged hereunder pursuant to said rules” because of the definition of “competitive service” in
section 2102.
In the second sentence, the words “the provisions of this title governing the competitive service” are substituted for “this act”.
In subsection (c), the provisions of former section 631b(b) and (c) are combined and restated for clarity. The words “From and after the effective date of this Act” and “From and after the date of approval of this Act” are omitted as executed. The words “competitive service” are substituted for “classified civil service” in view of the definition of “competitive service” in section 2102. The words “or as a clerical employee of the
Senate
or
House of Representatives
” are omitted as included in the reference to “an individual . . . in the legislative branch in a position in which he was paid by the Secretary of the
Senate
or the Clerk of the
House of Representatives
”. The words “and nothing in this Act shall be construed to impair any right of retransfer provided for under civil service laws or regulations made thereunder” are omitted as unnecessary.
In subsection (d), the word “Employees” is substituted for “collector, postmaster, and other officers of the United States”.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
The date of enactment of the Chance to Compete Act of 2024, referred to in subsecs. (c)(2), (3)(A), (4)(A), (B) and (d)(2), is the date of enactment of
Pub. L. 118–188
, which was approved
Dec. 23, 2024
Amendments
2024—Subsec. (a).
Pub. L. 118–188, § 2(a)(1)(C)
, added subsec. (a). Former subsec. (a) redesignated (b).
Subsec. (b).
Pub. L. 118–188, § 2(a)(1)(B)
, (2)(E)(i), redesignated subsec. (a) as (b) and inserted heading. Former subsec. (b) redesignated (h).
Subsecs. (c) to (g).
Pub. L. 118–188, § 3
, added subsecs. (c) to (g). Former subsecs. (c) to (g) redesignated (i) to (m), respectively.
Subsecs. (h), (i).
Pub. L. 118–188, § 2(a)(1)(A)
, (2)(E)(ii), (iii), redesignated subsecs. (b) and (c) as (h) and (i), respectively, and inserted headings.
Subsec. (j).
Pub. L. 118–188, § 2(a)(1)(A)
, (2)(E)(iv), redesignated subsec. (d) as (j), inserted heading, and substituted “The
office”
for “The
Office”
Subsecs. (k), (l).
Pub. L. 118–188, § 2(a)(1)(A)
, (2)(E)(v), (vi), redesignated subsecs. (e) and (f) as (k) and (l), respectively, and inserted headings.
Subsec. (m).
Pub. L. 118–188, § 2(a)(1)(A)
, redesignated subsec. (g) as (m).
2022—Subsec. (g).
Pub. L. 117–263
added subsec. (g).
2017—Subsec. (a)(3)(B).
Pub. L. 115–46
inserted “(or, with respect to the
Department of Veterans Affairs
, that there exists a severe shortage of highly qualified candidates)” after “severe shortage of candidates”.
2009—Subsec. (a)(3)(B).
Pub. L. 111–84
amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows:
“(i) the
Office of Personnel Management
has determined that there exists a severe shortage of candidates or there is a critical hiring need; or
“(ii) the candidate is a participant in the Science, Mathematics, and Research for Transformation (SMART) Defense Defense Education Program under
section 2192a of title 10
, United States Code.”
2006—Subsec. (a)(3)(B)(ii).
Pub. L. 109–163
substituted “Defense Education Program” for “Scholarship Pilot Program” and “
section 2192a of title 10
, United States Code.” for “section 1105 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005.”
2004—Subsec. (a)(3)(B).
Pub. L. 108–375
added subpar. (B) and struck out former subpar. (B) which read as follows: “the
Office of Personnel Management
has determined that there exists a severe shortage of candidates or there is a critical hiring need.”
2002—Subsec. (a)(3).
Pub. L. 107–296
added par. (3).
1999—Subsec. (f)(2), (3).
Pub. L. 106–117, § 511(c)(2)
, (3), added par. (2) and redesignated former par. (2) as (3). Former par. (3) redesignated (4).
Subsec. (f)(4).
Pub. L. 106–117, § 511(c)(1)
, (2), redesignated par. (3) as (4) and struck out former par. (4) which read as follows: “The
Office of Personnel Management
shall establish an appointing authority to appoint such preference eligibles and veterans.”
Subsec. (f)(5).
Pub. L. 106–117, § 511(c)(4)
, added par. (5).
1998—Subsec. (f).
Pub. L. 105–339
added subsec. (f).
1996—Subsec. (c)(1).
Pub. L. 104–186
substituted “Chief Administrative Officer” for “Clerk”.
1995—Subsec. (c).
Pub. L. 104–65, § 16(a)
, (b), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “Notwithstanding a contrary provision of this title or of the rules and regulations prescribed under this title for the administration of the competitive service, an individual who served—
“(1) for at least 3 years in the legislative branch in a position in which he was paid by the Secretary of the
Senate
or the Chief Administrative Officer of the
House of Representatives
; or
“(2) for at least 4 years as a secretary or law clerk, or both, to a justice or judge of the United States;
acquires a competitive status for transfer to the competitive service if he is involuntarily separated without prejudice from the legislative or judicial branch, passes a suitable noncompetitive
examination
, and transfers to the competitive service within 1 year of the separation from the legislative or judicial branch. For the purpose of this subsection, an individual who has served for at least 2 years in a position in the legislative branch described by paragraph (1) of this subsection and who is separated from that position to enter the armed forces is deemed to have held that position during his service in the armed forces.”
Subsec. (d).
Pub. L. 104–65, § 17(a)
, which directed amendment of this section by adding subsec. (d) at the end thereof, was executed by adding subsec. (d) after subsec. (c) to reflect the probable intent of
Congress
Pub. L. 104–65, § 16(b)
, redesignated subsec. (d) as (c).
1986—Subsecs. (d), (e).
Pub. L. 99–586
added subsec. (d) and redesignated former subsec. (d) as (e).
1978—Subsec. (d).
Pub. L. 95–454
substituted “the
Office of Personnel Management
” for “a Civil Service Commission board of examiners”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
Pub. L. 107–296
effective 60 days after
Nov. 25, 2002
, see
section 4 of Pub. L. 107–296
, set out as an Effective Date note under
section 101 of Title 6
, Domestic Security.
Effective Date of 1999 Amendment
Pub. L. 106–117, title V, § 511(d)(2)
Nov. 30, 1999
113 Stat. 1576
, provided that:
“If pursuant to subsection (a) [
113 Stat. 1575
] the amendments specified in subsection (c) [amending this section] are made, those amendments shall take effect as of
October 31, 1998
, as if included in subsection (f) [now (
)] of
section 3304 of title 5
, United States Code, as enacted by section 2 of the
Veterans Employment Opportunities Act of 1998
Public Law 105–339
112 Stat. 3182
).”
Effective Date of 1995 Amendment
Pub. L. 104–65, § 16(c)
Dec. 19, 1995
109 Stat. 703
, provided that:
“The repeal and amendment made by this section [amending this section] shall take effect 2 years after the date of the enactment of this Act [
Dec. 19, 1995
].”
Pub. L. 104–65, § 17(b)
Dec. 19, 1995
109 Stat. 703
, provided that:
“The amendment made by this section [amending this section] shall take effect 2 years after the date of the enactment of this Act [
Dec. 19, 1995
], except the
Office of Personnel Management
shall—
“(1)
conduct a study on excepted service considerations for competitive service appointments relating to such amendment; and
“(2)
take all necessary actions for the regulations described under such amendment to take effect as final regulations on the effective date of this section.”
Effective Date of 1978 Amendment
Amendment by
Pub. L. 95–454
effective 90 days after
Oct. 13, 1978
, see
section 907 of Pub. L. 95–454
, set out as a note under
section 1101 of this title
Reports
Pub. L. 118–188, § 5
Dec. 23, 2024
138 Stat. 2649
, provided that:
“(a)
Implementation Reports.—
“(1)
In general.—
Not later than 1 year after the date of enactment of this Act [
Dec. 23, 2024
], 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)
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
“(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)
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 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)
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)
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.—
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.”
[For definitions of terms used in
section 5 of Pub. L. 118–188
, set out above, see
section 2(b) of Pub. L. 118–188
, set out below.]
Evaluation for Potential Updates or Revisions to Government-Wide Systems of Records at the
Office of Personnel Management
Pub. L. 118–188, § 7
Dec. 23, 2024
138 Stat. 2651
, provided that:
“(a)
In General.—
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.
“(b)
Issuance of Updates or Revisions; Notice to Congress.—
If the
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
[Committee on Homeland Security and Governmental Affairs of the
Senate
and Committee on Oversight and Accountability of the
House of Representatives
].”
Direct Hiring for Federal Wage Schedule Employees
Pub. L. 114–328, div. A, title XI, § 1139
Dec. 23, 2016
130 Stat. 2470
, provided that:
“The
Director
of the
Office of Personnel Management
shall permit an
agency
with delegated examining authority under [section] 1104(a)(2) of title 5, United States Code, to use direct-hire authority under section 3304(a)(3) [now 3304(b)(3)] of such title for a permanent or non-permanent position or group of positions in the competitive services at GS–15 (or equivalent) and below, or for prevailing rate employees, if the
Director
determines that there is either a severe shortage of candidates or a critical hiring need for such positions.”
Definitions in
Pub. L. 118–188
Pub. L. 118–188, § 2(b)
Dec. 23, 2024
138 Stat. 2646
, provided that:
“In this Act [see sections 5 and 7 of
Pub. L. 118–188
, set out as notes above]—
“(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.”
CFR Title
Parts
315
330
332
335
337
338
339
930
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