I 

118TH CONGRESS 

1ST SESSION H. R. 159 

To implement merit-based reforms to the civil service hiring system that 

replace degree-based hiring with skills- and competency-based hiring, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Ms. FOXX (for herself, Mr. CONNOLLY, Mr. COMER, and Mr. KHANNA) introduced the following bill; which was referred to the Committee on Oversight and Accountability, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To implement merit-based reforms to the civil service hiring 

system that replace degree-based hiring with skills- and 

competency-based hiring, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Chance to Compete 

5 Act of 2023’’. 


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1 SEC. 2. DEFINITIONS. 

2 (a) TERMS DEFINED IN SECTION 3304 OF TITLE 5, 

3 UNITED STATES CODE.—In this Act, the terms ‘‘agency’’, 

4 ‘‘Director’’, ‘‘examining agency’’, ‘‘Office’’, ‘‘subject mat5 ter expert’’, and ‘‘technical assessment’’ have the mean6 ings given those terms in subsection (c)(1) of section 3304 

7 of title 5, United States Code, as added by section 3(a). 

8 (b) OTHER TERMS.—In this Act, the term ‘‘competi9 tive service’’ has the meaning given the term in section 

10 2102 of title 5, United States Code. 

11 SEC. 3. DEFINING THE TERM ‘‘EXAMINATION’’ FOR PUR12 POSES OF HIRING IN THE COMPETITIVE 

13 SERVICE. 

14 (a) EXAMINATIONS; TECHNICAL ASSESSMENTS.— 

15 (1) IN GENERAL.—Section 3304 of title 5, 

16 United States Code, is amended— 

17 (A) by redesignating subsections (c) 

18 through (f) as subsections (d) through (g), re19 spectively; and 

20 (B) by inserting after subsection (b) the 

21 following: 

22 ‘‘(c) EXAMINATIONS.— 

23 ‘‘(1) DEFINITIONS.— 

24 ‘‘(A) EXAMINATION.— 

25 ‘‘(i) In this chapter, the term ‘exam26 ination’— 


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1 ‘‘(I) means an opportunity to di2 rectly demonstrate knowledge, skills, 

3 abilities, and competencies, through a 

4 passing score assessment; 

5 ‘‘(II) includes a re ́sume ́ review 

6 that is— 

7 ‘‘(aa) conducted by a subject 

8 matter expert; and 

9 ‘‘(bb) based upon indicators 

10 that— 

11 ‘‘(AA) are derived from 

12 a job analysis; and 

13 ‘‘(BB) bear a rational 

14 relationship to performance 

15 in the position for which the 

16 examining agency is hiring; 

17 and 

18 ‘‘(III) on and after the date that 

19 is 2 years after the date of enactment 

20 of the Chance to Compete Act of 2023 

21 does not include a self-assessment 

22 from an automated examination, a 

23 re ́sume ́ review (except as provided in 

24 subclause (II)), or any other method 

25 of determining the experience or level 


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1 of educational attainment of an indi2 vidual, alone. 

3 ‘‘(ii)(I) An agency’s Chief Human 

4 Capital Officer may waive clause (i)(III) 

5 when needed to enable the filling of a posi6 tion or class of positions. 

7 ‘‘(II) Not later than 180 days after 

8 the date of enactment of the Chance to 

9 Compete Act of 2023, the Director shall 

10 provide agencies guidance and instruction 

11 on the data, evidence, and circumstances 

12 that Chief Human Capital Officers of 

13 agencies should consider in determining 

14 whether to grant a waiver under subclause 

15 (I). 

16 ‘‘(III)(aa) An agency shall post any 

17 waiver granted under subclause (I) on a 

18 public website within 30 days of the grant19 ing of the waiver. 

20 ‘‘(bb) A waiver shall not be considered 

21 in effect until it is posted on the public 

22 website pursuant to item (aa). 

23 ‘‘(IV)(aa) Each agency shall submit to 

24 the Director on a semiannual basis a re25 port summarizing the number of waivers 


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1 granted by the Chief Human Capital Offi2 cer of the agency under subclause (I) dur3 ing the preceding 6-month period and the 

4 reasons therefor. 

5 ‘‘(bb) The Director shall submit annu6 ally to the Committee on Homeland Secu7 rity and Governmental Affairs of the Sen8 ate and the Committee on Oversight and 

9 Accountability of the House of Representa10 tives a report summarizing the number of 

11 waivers granted by the Chief Human Cap12 ital Officers of all agencies under subclause 

13 (I) during the preceding year and the rea14 sons therefor provided by the agencies. 

15 ‘‘(V) Not more than 10 percent of an 

16 agency’s positions filled through competi17 tive hiring procedures during a fiscal year 

18 may be filled under the authority of a 

19 waiver granted under clause (I), and an 

20 agency shall obtain the Director’s approval 

21 to fill more than 5 percent of such posi22 tions under such authority. 

23 ‘‘(B) OTHER DEFINITIONS.—In this sub24 section— 


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1 ‘‘(i) the term ‘agency’ means an agen2 cy described in section 901(b) of title 31; 

3 ‘‘(ii) the term ‘Director’ means the 

4 Director of the Office; 

5 ‘‘(iii) the term ‘examining agency’ 

6 means— 

7 ‘‘(I) the Office; or 

8 ‘‘(II) an agency to which the Di9 rector has delegated examining au10 thority under section 1104(a)(2) of 

11 this title; 

12 ‘‘(iv) the term ‘passing score assess13 ment’ means an assessment that an indi14 vidual can pass or fail; 

15 ‘‘(v) the term ‘subject matter expert’ 

16 means an employee or selecting official— 

17 ‘‘(I) who possesses understanding 

18 of the duties of, and knowledge, skills, 

19 and abilities required for, the position 

20 for which the employee or selecting of21 ficial is developing or administering 

22 an assessment; and 

23 ‘‘(II) whom the agency that em24 ploys the employee or selecting official 

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1 ment and administration of technical 

2 assessments under paragraph (2); and 

3 ‘‘(vi) the term ‘technical assessment’ 

4 means an assessment developed under 

5 paragraph (2)(A)(i) that— 

6 ‘‘(I) allows for the demonstration 

7 of job-related technical skills, abilities, 

8 and knowledge; 

9 ‘‘(II)(aa) is based upon a job 

10 analysis; and 

11 ‘‘(bb) is relevant to the position 

12 for which the assessment is developed; 

13 and 

14 ‘‘(III) may include— 

15 ‘‘(aa) a structured interview; 

16 ‘‘(bb) a work-related exer17 cise; 

18 ‘‘(cc) a custom or generic 

19 procedure used to measure an in20 dividual’s employment or career21 related qualifications and inter22 ests; or 

23 ‘‘(dd) another assessment 

24 that meets the criteria under 

25 subclauses (I) and (II). 


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1 ‘‘(2) TECHNICAL ASSESSMENTS.— 

2 ‘‘(A) IN GENERAL.—For the purpose of 

3 conducting an examination for a position in the 

4 competitive service, an individual or individuals 

5 whom an agency determines to have an exper6 tise in the subject and job field of the position, 

7 as affirmed and audited by the Chief Human 

8 Capital Officer or Human Resources Director 

9 (as applicable) of that agency, may— 

10 ‘‘(i) develop, in partnership with 

11 human resources employees of the exam12 ining agency, a position-specific assessment 

13 that is relevant to the position; and 

14 ‘‘(ii) administer the assessment devel15 oped under clause (i) to— 

16 ‘‘(I) determine whether an appli17 cant for the position has a passing 

18 score to be qualified for the position; 

19 or 

20 ‘‘(II) rank applicants for the po21 sition for category rating purposes 

22 under section 3319. 

23 ‘‘(B) SHARING AND CUSTOMIZATION OF

24 ASSESSMENTS.— 


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1 ‘‘(i) SHARING.—An examining agency 

2 may share a technical assessment with an3 other examining agency if each agency 

4 maintains appropriate control over exam5 ination material. 

6 ‘‘(ii) CUSTOMIZATION.—An examining 

7 agency with which a technical assessment 

8 is shared under clause (i) may customize 

9 the assessment as appropriate, provided 

10 that the resulting assessment satisfies the 

11 requirements under part 300 of title 5, 

12 Code of Federal Regulations (or any suc13 cessor regulation). 

14 ‘‘(iii) PLATFORM FOR SHARING AND

15 CUSTOMIZATION.— 

16 ‘‘(I) IN GENERAL.—The Director 

17 shall establish and operate an online 

18 platform on which examining agencies 

19 can share and customize technical as20 sessments under this subparagraph. 

21 ‘‘(II) ONLINE PLATFORM.—The 

22 Director shall ensure that the online 

23 platform described in subclause (I) in24 cludes the ability of its users to rate 

25 the utility of the content and technical 


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1 assessments shared in the online plat2 form to allow for a ranking of such 

3 contents. 

4 ‘‘(3) REGULATIONS.—Not later than one year 

5 after the date of enactment of the Chance to Com6 pete Act of 2023, the Office of Personnel Manage7 ment shall prescribe regulations necessary for the 

8 administration of this subsection with respect to em9 ployees in each agency.’’. 

10 (2) ALTERNATIVE RANKING AND SELECTION

11 PROCEDURES.—Section 3319(a) of title 5, United 

12 States Code, is amended by adding at the end the 

13 following: ‘‘To be placed in a quality category under 

14 the preceding sentence, an applicant shall be re15 quired to have passed an examination in accordance 

16 with section 3304(b).’’. 

17 (3) TECHNICAL AND CONFORMING AMEND18 MENT.—Section 3330a(a)(1)(B) of title 5, United 

19 States Code, is amended by striking ‘‘section 

20 3304(f)(1)’’ and inserting ‘‘section 3304(g)(1)’’. 

21 (b) IMPLEMENTATION OF PASSING SCORE ASSESS22 MENT REQUIREMENT.— 

23 (1) IN GENERAL.—Not later than 2 years after 

24 the date of enactment of this Act, the Director and 

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1 nate the use of any examination for the competitive 

2 service that does not satisfy the definition of the 

3 term ‘‘examination’’ in subsection (c)(1)(A) of sec4 tion 3304 of title 5, United States Code (as amend5 ed by subsection (a)(1)(B)). 

6 (2) REPORT REQUIRED.—One year following 

7 the date of enactment of this Act, the Director shall 

8 submit to the Committee on Oversight and Account9 ability of the House of Representatives and the 

10 Committee on Homeland Security and Governmental 

11 Affairs of the Senate a report examining agencies’ 

12 progress in implementing the requirement specified 

13 in paragraph (1), identifying any significant difficul14 ties encountered in such implementation. 

15 (c) OPM REPORTING.— 

16 (1) PUBLIC ONLINE TOOL.— 

17 (A) IN GENERAL.—The Director of the Of18 fice of Personnel Management shall maintain 

19 and periodically update a publicly available on20 line tool that, with respect to each position in 

21 the competitive service for which an examining 

22 agency examined applicants during the applica23 ble period, includes— 

24 (i) the type of assessment used, such 

25 as— 


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1 (I) a behavioral off-the-shelf as2 sessment; 

3 (II) a re ́sume ́ review conducted 

4 by a subject matter expert; 

5 (III) an interview conducted by a 

6 subject matter expert; 

7 (IV) a technical off-the-shelf as8 sessment; or 

9 (V) a cognitive ability test; 

10 (ii) whether or not the agency selected 

11 a candidate for the position; and 

12 (iii) the hiring authority used to fill 

13 the position. 

14 (B) TIMING.— 

15 (i) INITIAL DATA.—Not later than 

16 180 days after the date of enactment of 

17 this Act, the Director shall update the on18 line tool described in subparagraph (A) 

19 with data for positions in the competitive 

20 service for which an examining agency ex21 amined applicants during the period begin22 ning on the date of enactment of this Act 

23 and ending on the date of submission of 

24 the report. 


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1 (ii) SUBSEQUENT UPDATES.—Not 

2 later than October 1 of each fiscal year be3 ginning after the date on which the online 

4 tool is initially updated under clause (i), 

5 the Director shall update the online tool 

6 described in subparagraph (A) with data 

7 for positions in the competitive service for 

8 which an examining agency examined ap9 plicants during the preceding fiscal year. 

10 (2) ANNUAL PROGRESS REPORT.— 

11 (A) IN GENERAL.—Each year, the Direc12 tor, in accordance with subparagraphs (B) and 

13 (C), shall make publicly available and submit to 

14 Congress an overall progress report that in15 cludes summary data from examinations that 

16 are closed, audited, and anonymous on the use 

17 of examinations (as defined in subsection 

18 (c)(1)(A) of section 3304 of title 5, United 

19 States Code, as added by subsection (a) of this 

20 section) for the competitive service, including 

21 technical assessments. 

22 (B) CATEGORIES; BASELINE DATA.—In 

23 carrying out subparagraph (A), the Director 

24 shall— 


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1 (i) break the data down by applicant 

2 demographic indicator, including veteran 

3 status, race, gender, disability, and any 

4 other measure the Director determines ap5 propriate; and 

6 (ii) use the data available as of Octo7 ber 1, 2020, as a baseline. 

8 (C) LIMITATIONS.—In carrying out sub9 paragraph (A), the Director may only make 

10 publicly available and submit to Congress data 

11 relating to examinations for which— 

12 (i) the related announcement is 

13 closed; 

14 (ii) certificates have been audited; and 

15 (iii) all hiring processes are com16 pleted. 

17 (d) GAO REPORT.—Not later than 5 years after the 

18 date of enactment of this Act, the Comptroller General 

19 of the United States shall submit to Congress a report 

20 that— 

21 (1) assesses the implementation of this section 

22 and the amendments made by this section; 

23 (2) assesses the impact and modifications to the 

24 hiring process for the competitive service made by 


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1 this section and the amendments made by this sec2 tion; and 

3 (3) makes recommendations for the improve4 ment of the hiring process for the competitive serv5 ice. 

6 SEC. 4. AMENDMENTS TO COMPETITIVE SERVICE ACT OF 

7 2015. 

8 (a) PLATFORMS FOR SHARING CERTIFICATES OF

9 ELIGIBLES.— 

10 (1) IN GENERAL.—Section 3318(b) of title 5, 

11 United States Code, is amended— 

12 (A) in paragraph (1), by striking ‘‘240- 

13 day’’ and inserting ‘‘1-year’’; 

14 (B) by redesignating paragraph (5) as 

15 paragraph (6); and 

16 (C) by inserting after paragraph (4) the 

17 following: 

18 ‘‘(5) ONLINE TOOL FOR SHARING RE ́SUME ́S OF

19 INDIVIDUALS ON CERTIFICATES OF ELIGIBLES.—Not 

20 later than one year after the date of enactment of 

21 the Chance to Compete Act of 2023, the Director of 

22 the Office of Personnel Management shall establish 

23 and operate an online tool on which an appointing 

24 authority can share, with other appointing authori25 ties and the Chief Human Capital Officers Council 


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1 established under section 1303 of the Chief Human 

2 Capital Officers Act of 2002 (5 U.S.C. 1401 note; 

3 Public Law 107–296), the re ́sume ́s of individuals 

4 who are on a certificate of eligibles requested by the 

5 appointing authority. In carrying out this para6 graph, the Director shall consult with the Chief 

7 Human Capital Officers Counsel and its membership 

8 to develop a plan to establish such online tool.’’. 

9 (2) PLAN.—Not later than 270 days after the 

10 date of enactment of this Act, the Director shall pro11 vide to Congress a plan to develop the online tool re12 quired in paragraph (5) of section 3318(b) of title 

13 5, United States Code, as added by paragraph (1) 

14 of this subsection. Such plan shall— 

15 (A) incorporate the input and feedback col16 lected during the required consultation under 

17 such paragraph; and 

18 (B) include estimated costs for building 

19 and operating the online tool. 

20 (b) MAXIMIZING SHARING OF APPLICANT INFORMA21 TION.—Section 2 of the Competitive Service Act of 2015 

22 (Public Law 114–137; 130 Stat. 310) is amended— 

23 (1) by redesignating subsections (c) and (d) as 

24 subsections (d) and (e), respectively; and 


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1 (2) by inserting after subsection (b) the fol2 lowing: 

3 ‘‘(c) EXPLORING THE BENEFITS OF MAXIMIZING

4 SHARING OF APPLICANT INFORMATION.— 

5 ‘‘(1) DEFINITIONS.—In this subsection— 

6 ‘‘(A) the terms ‘agency’, ‘Director’, and 

7 ‘Office’ have the meanings given those terms in 

8 section 3304(c)(1) of title 5, United States 

9 Code; and 

10 ‘‘(B) the term ‘competitive service’ has the 

11 meaning given the term in section 2102 of title 

12 5, United States Code. 

13 ‘‘(2) MAXIMIZING SHARING.—The Director 

14 shall maximize the sharing of information among 

15 agencies regarding qualified applicants for positions 

16 in the competitive service, including by— 

17 ‘‘(A) providing for the delegation to other 

18 agencies of the authority of the Office to host 

19 multi-agency hiring actions to increase the re20 turn on investment on high-quality pooled an21 nouncements; and 

22 ‘‘(B) sharing certificates of eligibles and 

23 accompanying re ́sume ́s for appointment.’’. 


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1 SEC. 5. MODERNIZING AND REFORMING THE ASSESSMENT 

2 AND HIRING OF FEDERAL JOB CANDIDATES. 

3 (a) OPM REVIEW.—The Director shall conduct a re4 view of all examinations for hiring for a position that the 

5 Office or any other examining agency has determined re6 quires a minimum educational requirement because the 

7 nature of the duties of such position is of a scientific, tech8 nical, or professional position pursuant to section 3308 of 

9 title 5, United States Code, to determine whether there 

10 are data, evidence, or other information that justifies the 

11 need for educational requirements for such position. The 

12 Director shall consult with appropriate agencies, employee 

13 representatives, external experts, and other stakeholders 

14 when making any such determinations. 

15 (b) ONLINE TOOL REGARDING POSITION DUTIES.— 

16 (1) IN GENERAL.—Not later than two years 

17 after the date of enactment of this Act, the Director 

18 shall create and maintain an online tool that lists 

19 each of the duties determined to require minimum 

20 educational requirements and the data, evidence, or 

21 other information that justifies the need for these 

22 educational requirements. This online tool shall in23 clude a mechanism to receive feedback regarding 

24 data, evidence, or information that could affect the 

25 determination that a duty requires a minimum edu26 cational requirement. 


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1 (2) HIRING PRACTICES.—Not later than one 

2 year after the creation of the online tool under para3 graph (1), the Director and the head of any other 

4 examining agency shall amend the hiring practices 

5 of the Office or the other examining agency, respec6 tively, in accordance with the findings of the review 

7 made by subsection (a). 

8 (c) ONLINE TOOL REGARDING RECRUITING.—Upon 

9 the date of enactment of this Act, the Director shall estab10 lish and maintain an online tool that provides Federal 

11 agencies guidance on, and information about, all programs 

12 and authorities that help agencies attract, recruit, hire, 

13 and retain individuals. 

14 SEC. 6. TALENT TEAMS. 

15 (a) FEDERAL AGENCY TALENT TEAMS.— 

16 (1) IN GENERAL.—An agency may establish one 

17 or more talent teams (referred to in this section as 

18 ‘‘agency talent teams’’), including at the component 

19 level. 

20 (2) DUTIES.—An agency talent team shall pro21 vide hiring support to the agency and other agencies, 

22 including by— 

23 (A) improving examinations (as defined in 

24 subsection (c)(1)(A) of section 3304 of title 5, 

25 United States Code, as added by section 3(a)); 


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1 (B) facilitating writing job announcements 

2 for the competitive service; 

3 (C) sharing high-quality certificates of eli4 gibles; and 

5 (D) facilitating hiring for the competitive 

6 service using examinations (as defined in such 

7 subsection (c)(1)(A)) and subject matter ex8 perts. 

9 (b) OFFICE OF PERSONNEL MANAGEMENT.—The 

10 Director may establish a Federal talent team to support 

11 agency talent teams in facilitating pooled hiring actions 

12 across the Federal Government, providing training, and 

13 creating technology platforms to facilitate hiring for the 

14 competitive service, including— 

15 (1) the development of technical assessments; 

16 and 

17 (2) the sharing of certificates of eligibles and 

18 accompanying re ́sume ́s under sections 3318(b) and 

19 3319(c) of title 5, United States Code. 

20 SEC. 7. UPDATES TO SYSTEM OF RECORDS FOR HIRING AC21 TIONS IN THE CIVIL SERVICE. 

22 (a) UPDATE TO SELECT SYSTEM OF RECORDS.—Not 

23 later than 180 days after the date of enactment of this 

24 Act, and on a regular basis thereafter, the Director of the 

25 Office of Management and Budget shall provide guidance 


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1 to all Federal departments and agencies to ensure appro2 priate use of a system of records, including any govern3 mentwide systems of records, to meet the requirements of 

4 section 552a of title 5, United States Code (commonly 

5 known as the ‘‘Privacy Act’’), in hiring actions in the civil 

6 service. 

7 (b) GOVERNMENTWIDE SYSTEMS OF RECORDS AT

8 THE OFFICE.— 

9 (1) IN GENERAL.—The Director of the Office of 

10 Personnel Management, in consultation with the Di11 rector of the Office of Management and Budget, 

12 shall ensure that any system of records notice up13 dates required pursuant to the guidance provided 

14 under subsection (a) account for any use of newer 

15 technologies that capture records (as defined in sec16 tion 552a(a)(4) of title 5, United States Code) in 

17 video, audio, and video/audio combination formats 

18 and accommodate maintenance of such video, audio, 

19 and video/audio combination records. 

20 (2) EVALUATION FOR POTENTIAL UPDATES OR

21 REVISIONS.— 

22 (A) IN GENERAL.—Not later than 1 year 

23 after the date of enactment of this Act, the Di24 rector of the Office of Personnel Management 

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1 tem of Records Notices (referred to in this 

2 paragraph as ‘‘SORNs’’) ‘‘OPM/GOVT–5 Re3 cruiting, Examining, and Placement Records’’ 

4 and ‘‘OPM/GOVT–6 Personnel Research and 

5 Test Validation Records’’, or any successor ma6 terials thereto, require updating or revision to 

7 implement the purposes of this Act. 

8 (B) ISSUANCE OF UPDATES OR REVISIONS; 

9 NOTICE TO CONGRESS.—If the Director, after 

10 the evaluation under subparagraph (A), finds 

11 that any updates or revisions to the SORNs 

12 identified in that subparagraph are necessary 

13 and appropriate to support implementation of 

14 this Act, the Director shall promptly— 

15 (i) issue the updates or revisions; and 

16 (ii) notify the Committee on Home17 land Security and Governmental Affairs of 

18 the Senate and the Committee on Over19 sight and Accountability of the House of 

20 Representatives. 

21 SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. 

22 The budgetary effects of this Act, for the purpose of 

23 complying with the Statutory Pay-As-You-Go Act of 2010, 

24 shall be determined by reference to the latest statement 

25 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 


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1 Act, submitted for printing in the Congressional Record 

2 by the Chairman of the House Budget Committee, pro3 vided that such statement has been submitted prior to the 

4 vote on passage. 

Æ 


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