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) intro-
duced the following bill; which was referred to the Committee on Over-
sight and Accountability, and in addition to the Committee on the Budg-
et, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Chance to Compete 
Act of 2023’’. 
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SEC. 2. DEFINITIONS. 
(a) TERMS DEFINED IN SECTION 3304 OF TITLE 5, 
UNITED STATES CODE.—In this Act, the terms ‘‘agency’’, 
‘‘Director’’, ‘‘examining agency’’, ‘‘Office’’, ‘‘subject mat-
ter expert’’, and ‘‘technical assessment’’ have the mean-
ings given those terms in subsection (c)(1) of section 3304 
of title 5, United States Code, as added by section 3(a). 
(b) OTHER TERMS.—In this Act, the term ‘‘competi-
tive service’’ has the meaning given the term in section 
2102 of title 5, United States Code. 
SEC. 3. DEFINING THE TERM ‘‘EXAMINATION’’ FOR PUR-
POSES OF HIRING IN THE COMPETITIVE 
SERVICE. 
(a) EXAMINATIONS; TECHNICAL ASSESSMENTS.— 
(1) IN
GENERAL.—Section 3304 of title 5, 
United States Code, is amended— 
(A) 
by 
redesignating 
subsections 
(c) 
through (f) as subsections (d) through (g), re-
spectively; and 
(B) by inserting after subsection (b) the 
following: 
‘‘(c) EXAMINATIONS.— 
‘‘(1) DEFINITIONS.— 
‘‘(A) EXAMINATION.— 
‘‘(i) In this chapter, the term ‘exam-
ination’— 
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‘‘(I) means an opportunity to di-
rectly demonstrate knowledge, skills, 
abilities, and competencies, through a 
passing score assessment; 
‘‘(II) includes a re´sume´ review 
that is— 
‘‘(aa) conducted by a subject 
matter expert; and 
‘‘(bb) based upon indicators 
that— 
‘‘(AA) are derived from 
a job analysis; and 
‘‘(BB) bear a rational 
relationship to performance 
in the position for which the 
examining agency is hiring; 
and 
‘‘(III) on and after the date that 
is 2 years after the date of enactment 
of the Chance to Compete Act of 2023 
does not include a self-assessment 
from an automated examination, a 
re´sume´ review (except as provided in 
subclause (II)), or any other method 
of determining the experience or level 
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of educational attainment of an indi-
vidual, alone. 
‘‘(ii)(I) An agency’s Chief Human 
Capital Officer may waive clause (i)(III) 
when needed to enable the filling of a posi-
tion or class of positions. 
‘‘(II) Not later than 180 days after 
the date of enactment of the Chance to 
Compete Act of 2023, the Director shall 
provide agencies guidance and instruction 
on the data, evidence, and circumstances 
that Chief Human Capital Officers of 
agencies should consider in determining 
whether to grant a waiver under subclause 
(I). 
‘‘(III)(aa) An agency shall post any 
waiver granted under subclause (I) on a 
public website within 30 days of the grant-
ing of the waiver. 
‘‘(bb) A waiver shall not be considered 
in effect until it is posted on the public 
website pursuant to item (aa). 
‘‘(IV)(aa) Each agency shall submit to 
the Director on a semiannual basis a re-
port summarizing the number of waivers 
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