S. 59Senate118th Congress (2023-2025)Enacted

Chance to Compete Act of 2024

AI-Generated Summary

Updated January 20, 2026 at 2:22 AM UTC

The Chance to Compete Act of 2024 reforms federal civil‑service hiring by replacing degree‑based requirements with skill‑ and competency‑based assessments. It obligates agencies to use technical assessments to evaluate applicants, sets a three‑year transition timeline, and creates talent teams and new reporting duties. The changes apply to all competitive‑service hiring across federal agencies.

Key Provisions

Agencies must prioritize technical assessments for competitive‑service exams during a three‑year rollout, with waivers allowed only when impracticable.
The OPM Director must submit a transition plan within 18 months and fully implement technical assessments within three years.
Agency talent teams and an OPM talent team are established to develop assessments, improve exams, and share best practices.
Annual public reports are required on hiring practices, assessment use, and demographic data, plus a GAO evaluation after three years.
A feasibility study on sharing and customizing technical assessments must be completed within one year, and related personnel record updates are mandated.

Legislative Activity

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19 earlier actions

Became Law Latest Action

Became Public Law No: 118-188.

December 23, 2024

View full timeline

SenateIntro Referral

Introduced in Senate

January 24, 2023

SenateIntro Referral

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

Homeland Security and Governmental Affairs Committee

January 24, 2023

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

Homeland Security and Governmental Affairs Committee

July 31, 2024

SenateCommittee

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.

Homeland Security and Governmental Affairs Committee

December 2, 2024

SenateCalendars

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

December 2, 2024

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S7041-7043)

December 12, 2024

SenateFloor

The committee substitute withdrawn by Unanimous Consent.

December 12, 2024

SenateFloor

Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S7010-7011)

December 12, 2024

SenateFloor

Message on Senate action sent to the House.

December 13, 2024

HouseFloor

Received in the House.

December 16, 2024 • 12:11 PM

HouseFloor

Held at the desk.

December 16, 2024 • 2:39 PM

HouseFloor

Mr. Burlison moved to suspend the rules and pass the bill.

December 16, 2024 • 6:20 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H7215-7218)

December 16, 2024 • 6:20 PM

HouseFloor

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

December 16, 2024 • 6:20 PM

SenateFloor

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

December 16, 2024 • 6:28 PM

HouseFloor

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

December 16, 2024 • 6:28 PM

HouseFloor

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

December 16, 2024 • 6:28 PM

President

Presented to President.

December 23, 2024

Became Law

Signed by President.

December 23, 2024

Became Law

Became Public Law No: 118-188.

December 23, 2024

Floor Debate

4 members

What members said about S. 59 on the floor

2 Republicans2 Democrats

Rep. Jamie RaskinD-MD-8 · Dec 16, 2024

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of S. 59, introduced in the Senate by Senators Sinema and Lankford. The House passed a substantially similar…

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of S. 59, introduced in the Senate by Senators Sinema and Lankford. The House passed a substantially similar bill to this in January of last year. I commend Representatives Foxx and Connolly for their excellent work on the bill.

The legislation makes evaluations more useful in assessing the skills of candidates for Federal jobs and makes the hiring process more efficient and more effective rather than relying on attainment of an educational degree to determine candidate qualifications in the Federal hiring process.

Subject matter experts in agencies would develop assessments that are designed to test specific knowledge needed for the position. This overhaul would better match qualified applicants with open positions and expand employment opportunities to candidates with various professional and educational backgrounds.

The Chance to Compete Act aligns with the Office of Personnel's guidance released in May of 2022, which strives to modernize the process of assessing and hiring Federal job candidates. Establishing hiring methods that are more skills-based will improve agency managers' ability to hire people who possess the right skills and knowledge to do the job and also allow agencies to hire from a much broader pool of qualified applicants.

The bill directs OPM to study the feasibility of creating an online platform for sharing candidate assessments between agencies. Under the legislation, agencies may also assemble talent teams to support this assessment of job candidates in the hiring process.

The OPM Director would be required to submit annual progress reports to Congress for 5 years on the use and the effectiveness of the new skills-based assessments.

The GAO would be required to submit a report on implementation of the bill 3 years after enactment. The bill streamlines the hiring process for agencies and will shorten the time it takes to bring new and well- qualified employees aboard.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I have no further speakers, and I reserve the balance of my time.

Mr. Speaker, I urge all my colleagues to support S. 59, and I salute Ms. Foxx on her excellent leadership and stewardship of this legislation.

Mr. Speaker, I yield back the balance of my time.

Rep. Virginia FoxxR-NC-5 · Dec 16, 2024

Mr. Speaker, hiring people based on their unique individual skills is something I have promoted all my life. It is precisely why I introduced the Chance to Compete Act. As the largest employer in the…

Mr. Speaker, hiring people based on their unique individual skills is something I have promoted all my life. It is precisely why I introduced the Chance to Compete Act.

As the largest employer in the Nation with almost 2.2 million employees, it is time for the Federal Government to base its hiring on verifiable skills instead of degrees or self-evaluation.

People should be hired on their ability to do the job. This is a commonsense idea that the private sector figured out a long time ago. It is easy to see that current Federal hiring practices are broken.

These hiring practices rely on how many degrees one has and on self- evaluations that allow candidates to grossly inflate their own qualifications. They can claim to be experts on a particular subject, but they are not being evaluated by an objective standard.

Hardworking American taxpayers are the ones who are forced to pay for employees who cannot properly perform their own jobs. I have even seen this play out recently while my office has been dealing with FEMA and other Federal agencies in the wake of Hurricane Helene.

Fortunately, there is a better way.

The Chance to Compete Act allows the Federal Government to retain subject matter experts, those who know what it takes to do a job, who design and administer skills-based assessments to job seekers. This is designed to identify candidates who have the professional wherewithal to complete a job.

These assessments also weed out those applicants who merely claim to be experts and have the right degree on paper. The Trump administration recognized this issue with an executive order in 2020 by directing agencies to identify qualified applicants to hire people based on objective standards, such as structured interviews, knowledge, or writing tests.

It is good that the Congress will codify this effort by passing this law and the Trump administration will be able to implement it. The Federal Government owes it to taxpayers to hire people based on their ability to do the job. The House recognized this when it passed the House version of the Chance to Compete Act in January of 2023 in a vote of 422 to 2.

Mr. Speaker, I urge my colleagues to pass this carefully crafted Senate compromised version, S. 59, today.

Rep. Eric BurlisonR-MO-7 · Dec 16, 2024

Mr. Speaker, I move to suspend the rules and pass the bill (S. 59) to implement merit-based reforms to the civil service hiring system that replace degree-based hiring with skills- and…

Mr. Speaker, I move to suspend the rules and pass the bill (S. 59) to implement merit-based reforms to the civil service hiring system that replace degree-based hiring with skills- and competency-based hiring.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on this measure.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of S. 59, the Chance to Compete Act.

The concept of this bill is very simple: Let's hire applicants for Federal positions based on whether they have the skills to do the job. Too frequently, the Federal hiring process is based on whether or not somebody has a degree even if that degree has nothing to do with the position.

Additionally, Federal hiring managers also rely on required self- assessments filled out by applicants to determine their own skill sets, strengths, and weaknesses. Not surprisingly, such self-assessments do not work very well. The Chance to Compete Act authorizes agencies to develop appropriate skills-based examinations so that applicants for Federal jobs can show what they know.

Federal supervisors have said that their top concern is getting a pool of quality candidates to perform necessary jobs. The Chance to Compete Act addresses this problem head-on. It will create teams of subject matter experts to help agencies create assessments that are geared for the job.

This idea is supported by Federal managers, and it builds off of work begun in the Trump administration, which the Biden administration has continued.

I thank Representative Foxx, the sponsor of the House companion bill, along with Representatives Connolly, Khanna, Mfume, and Mace for their support.

This is a good policy that will help the American people's government work better, and I urge my colleagues to support S. 59.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield 4 minutes to the gentlewoman from North Carolina (Ms. Foxx).

Mr. Speaker, I urge my colleagues to support this bill, and I yield back the balance of my time.

Sen. Charles E. SchumerD-NY · Dec 12, 2024

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 651, S. 59. I ask unanimous consent that the committee-reported substitute amendment be…

Bill Text

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Enrolled BillPublication date not provided

One Hundred Eighteenth Congress of the United States of America

2d Session

Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and twenty four

S. 59

AN ACT

To implement merit-based reforms to the civil service hiring system that replace degree-based hiring with skills- and competency-based hiring.

Short title

This Act may be cited as the Chance to Compete Act of 2024.

Definitions

(a)

Amendatory definitions

(1)

In general

Section 3304 of title 5, United States Code, is amended—

(A)

by redesignating subsections (b) through (g) as subsections (h) through (m), respectively;

(B)

by redesignating subsection (a) as subsection (b); and

(C)

by inserting before subsection (b), as so redesignated, the following:

(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.

(2)

Technical and conforming amendments

(A)

Title 5, United States Code

Part III of title 5, United States Code, is amended—

(i)

in chapter 33—

(I)

in section 3302(2), by striking 3304(a) and inserting 3304(b); and

(II)

in section 3330a(a)(1)(B), by striking 3304(f)(1) and inserting 3304(l)(1); and

(ii)

in section 9810(b), by striking 3304(b) and inserting 3304(h).

(B)

Act to establish a Commission on Security and Cooperation in Europe

Section 8(d)(2) of the Act entitled, “An Act to establish a Commission on Security and Cooperation in Europe”, approved June 3, 1976 (22 U.S.C. 3008(d)(2)) is amended by striking 3304(c)(1) and inserting 3304(i)(1).

(C)

U.S.-China Relations Act of 2000

Section 308(e)(2) of the U.S.-China Relations Act of 2000 (22 U.S.C. 6918(e)(2)) is amended by striking 3304(c)(1) and inserting 3304(i)(1).

(D)

Energy Independence and Security Act of 2007

Section 136(i)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013(i)(1)) is amended by striking 3304(a)(3) and inserting 3304(b)(3).

(E)

Subsection headings

Section 3304 of title 5, United States Code, as amended by paragraph (1) of this subsection, is amended—

(i)

in subsection (b), by striking The President and inserting Rules.—The President;

(ii)

in subsection (h), by striking An individual and inserting Examination or exception required.—An individual;

(iii)

in subsection (i), by striking (1) For the purpose and inserting Technicians.—(1) For the purpose;

(iv)

in subsection (j), by striking The Office and inserting Consideration of experience.—The office;

(v)

in subsection (k), by striking Employees and inserting Use of public buildings.—Employees; and

(vi)

in subsection (l), by striking (1) Preference eligibles or veterans and inserting Preference eligibles and veterans.—(1) Preference eligibles or veterans.

(b)

Freestanding definitions

In this Act—

(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.

Modernizing Federal hiring

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

(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 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.

Competitive service candidate hiring and reform

(a)

Review

(1)

In general

The Director shall conduct a review of examinations for hiring for each position in the competitive service that an examining agency has determined requires a minimum educational requirement because the position is of a scientific, technical, or professional nature pursuant to section 3308 of title 5, United States Code, to determine whether data, evidence, or other information justifies the need for educational requirements for the position.

(2)

Consultation

In carrying out paragraph (1), the Director shall consult with, at minimum—

(A)

agencies, as deemed appropriate by the Director;

(B)

employee representatives;

(C)

external experts; and

(D)

relevant stakeholders.

(b)

Report on hiring practices

Not later than 1 year after the date of enactment of this Act, the Director shall submit to the relevant committees recommendations to amend the hiring practices of examining agencies in accordance with the findings of the review conducted under subsection (a)(1).

Reports

(a)

Implementation reports

(1)

In general

Not later than 1 year after the date of enactment of this Act, 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 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

(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.

GAO report

Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that—

(1)

assesses the implementation of this Act and the amendments made by this Act;

(2)

assesses the impact of modifications made by this Act to the hiring process for the competitive service under section 3304 of title 5, United States Code; and

(3)

makes recommendations for the improvement of the hiring process for the competitive service.

Evaluation for potential updates or revisions to government-wide systems of records at the Office of Personnel Management

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Director 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 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.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate