S. 59 · 118th Congress · Senate

Chance to Compete Act of 2024

Enacted· Became Public Law No: 118-188.
Introduced
Jan 24, 23
Passed Senate
Dec 12, 24
Passed House
Dec 16, 24
Sent to President
Dec 23, 24
Signed into Law
Dec 23, 24

Executive Summary

Chance to Compete Act of 2024

This act requires federal agencies to use technical assessments to fill most positions in the competitive service. Under the act, a technical assessment is a tool relevant and specific to a position for which it is developed that allows for the demonstration of job-related skills, abilities, knowledge, and competencies. A technical assessment must be based upon a job analysis and may not solely or principally rely upon a self-assessment from an automated examination. 

(Sec. 3) Under the act, the Office of Personnel Management (OPM) must develop and implement a plan for transitioning to using technical assessments for hiring into competitive service positions unless the hiring agency certifies that it is impracticable. No later than 18 months after the act's enactment, OPM must provide Congress with the plan for federal agencies to transition to the use of technical assessments. The plan must be implemented within three years after the act's enactment.

In the three-year period following the bill's enactment, executive agencies must preference the use of technical assessments for hiring into competitive service positions to the maximum extent practicable. An agency that determines that the use of a technical assessment is impracticable must describe its rationale for using an alternative assessment in the applicable job posting. 

The act authorizes agencies to identify subject matter experts (SMEs) and agency talent teams to provide hiring support to the agency. SMEs in the job field of a given position may develop position-specific assessments that allow for an applicant to demonstrate job-related technical skills, abilities, and knowledge relevant to the position. OPM may establish a federal talent team to provide support to agency talent teams. 

No later than one year after the act's enactment, OPM must study and report to Congress regarding the feasibility of examining agencies sharing technical assessments and the development of an online platform where agencies can share and customize technical assessments.

(Sec. 4) The act requires OPM to conduct a review of examinations for positions in the competitive service for which agencies have established a minimum educational requirement because the position is of a scientific, technical, or professional nature. OPM must determine whether such requirements are justified based on data, evidence, and other relevant information and provide Congress with recommendations to amend the hiring practices in accordance with the review's findings. The review must be conducted in consultation with appropriate agencies, employee representatives, external experts, and other relevant stakeholders. The report shall be provided within one year after the act's enactment.

(Sec. 5) OPM must publish on a public-facing website and submit to Congress a report examining agencies' progress and any significant difficulties in implementing the act's requirements. The first report must be provided within one year after the act's enactment and subsequent reports provided annually until the fifth publication and submission of the report to Congress.

OPM must also publish on a public facing website and submit to Congress an annual report of positions in the competitive service for which an examining agency examined applicants during the applicable period (limited to positions for which hiring is complete). The data must be broken down by applicant demographic indicators to facilitate direct comparisons to data available as of October 1, 2020, as a baseline.

(Sec. 6) No later than three years after the act's enactment, the Government Accountability Office (GAO) must provide Congress with a report that assesses the implementation of the act, assesses changes to the hiring process for the competitive service, and makes recommendations to improve the hiring process for the competitive service.

(Sec. 7) No later than one year after the act's enactment, OPM shall evaluate and revise, as appropriate to conform with the act, government-wide systems of records specified in the act. OPM must notify Congress of any revisions.

Previous Versions

25Dec 2, 2024

Chance to Compete Act of  2024

This bill requires federal agencies to use technical assessments to fill most positions in the competitive service.

Under the bill, the Office of Personnel Management (OPM) must develop and implement a plan for transitioning to using technical assessments for hiring into competitive service positions unless the hiring agency certifies that it is impracticable. Technical assessments must be developed by subject matter experts within each hiring agency and allow for candidates to demonstrate job-related skills and knowledge; however, they may not include an occupational questionnaire. An agency may determine that the use of a technical assessment to assess applicants for a position in the competitive service is not practicable and, instead, use an occupational questionnaire. (An occupational questionnaire is an evaluation system in which applicants self-rate their training and experience and that is commonly delivered through an automated system such as USAJobs.)

OPM must also study and report to Congress regarding the feasibility of examining agencies sharing technical assessments and the development of an online platform to be used by the agencies.

The OPM plan must be provided to Congress within 18 months after the bill's enactment and implemented within three years following the bill's enactment. During the three-year period beginning on the date of enactment of this bill, technical assessments must be preferred by hiring agencies. 

00Jan 24, 2023

Chance to Compete Act of 2023

This bill modifies examination requirements and other components of the federal hiring process for positions in the competitive service.

Specifically, the bill provides that a qualifying examination includes a résumé review that is conducted by a subject matter expert. Additionally, beginning two years after the bill's enactment, the bill prohibits examinations from consisting solely of a self-assessment from an automated examination, a résumé review that is not conducted by a subject matter expert, or any other method of assessing an applicant's experience or education.

Agencies may use subject matter experts to develop position-specific technical assessments that allow applicants to demonstrate job-related skills, abilities, and knowledge; assessments may include structured interviews, work-related exercises, procedures to measure career-related qualifications and interests, or other similar assessments. The bill also allows agencies to establish talent teams to support and improve hiring practices.

The Office of Personnel Management (OPM) must create online platforms through which agencies may share and customize technical assessments and share the résumés of qualifying applicants. The OPM must also create online platforms with information about the types of assessments used and hiring outcomes.

Action Timeline

25
  1. DEC 23, 2024President

    Presented to President.

  2. DEC 23, 2024Floor

    Presented to President.

  3. DEC 23, 2024BecameLaw

    Signed by President.

  4. DEC 23, 2024President

    Signed by President.

  5. DEC 23, 2024BecameLaw

    Became Public Law No: 118-188.

    118Yea
    188Nay
    0NV
  6. DEC 23, 2024President

    Became Public Law No: 118-188.

    118Yea
    188Nay
    0NV
  7. DEC 16, 2024Floor

    Received in the House.

  8. DEC 16, 2024Floor

    Held at the desk.

  9. DEC 16, 2024Floor

    Mr

    Burlison moved to suspend the rules and pass the bill.

  10. DEC 16, 2024Floor

    Considered under suspension of the rules

    (consideration: CR H7215-7218)

    7215Yea
    7218Nay
    0NV
  11. DEC 16, 2024Floor

    DEBATE - The House proceeded with forty minutes of debate on S. 59.

  12. DEC 16, 2024Floor

    Passed/agreed to in House

    On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H7216-7217)

    7216Yea
    7217Nay
    0NV
  13. DEC 16, 2024Floor

    On motion to suspend the rules and pass the bill Agreed to by voice vote

    (text: CR H7216-7217)

    7216Yea
    7217Nay
    0NV
  14. DEC 16, 2024Floor

    Motion to reconsider laid on the table Agreed to without objection.

  15. DEC 13, 2024Floor

    Message on Senate action sent to the House.

  16. DEC 12, 2024Floor

    Measure laid before Senate by unanimous consent

    (consideration: CR S7041-7043)

    7041Yea
    7043Nay
    0NV
  17. DEC 12, 2024Floor

    The committee substitute withdrawn by Unanimous Consent.

  18. DEC 12, 2024Floor

    Passed/agreed to in Senate

    Passed Senate with an amendment by Unanimous Consent.

  19. DEC 12, 2024Floor

    Passed Senate with an amendment by Unanimous Consent

    (text of amendment in the nature of a substitute: CR S7010-7011)

    7010Yea
    7011Nay
    0NV
  20. DEC 02, 2024Committee

    Committee on Homeland Security and Governmental Affairs

    Reported by Senator Peters with an amendment in the nature of a substitute. With written report No. 118-250.

    118Yea
    250Nay
    0NV
  21. DEC 02, 2024Committee

    Committee on Homeland Security and Governmental Affairs

    Reported by Senator Peters with an amendment in the nature of a substitute. With written report No. 118-250.

    118Yea
    250Nay
    0NV
  22. DEC 02, 2024Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 651.

  23. JUL 31, 2024Committee

    Committee on Homeland Security and Governmental Affairs

    Ordered to be reported with an amendment in the nature of a substitute favorably.

  24. JAN 24, 2023IntroReferral

    Introduced in Senate

  25. JAN 24, 2023IntroReferral

    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Committees

3

Homeland Security and Governmental Affairs Committee

ssga00

Referred: Dec 2, 2024

Active

Homeland Security and Governmental Affairs Committee

ssga00

Referred: Jul 31, 2024

Active

Homeland Security and Governmental Affairs Committee

ssga00

Referred: Jan 24, 2023

Active