I
118THCONGRESS
1
STSESSION 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
JANUARY9, 2023
Ms. F
OXX(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-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Chance to Compete 4
Act of 2023’’. 5
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SEC. 2. DEFINITIONS. 1
(a) T
ERMSDEFINED INSECTION3304 OFTITLE5, 2
U
NITEDSTATESCODE.—In this Act, the terms ‘‘agency’’, 3
‘‘Director’’, ‘‘examining agency’’, ‘‘Office’’, ‘‘subject mat-4
ter expert’’, and ‘‘technical assessment’’ have the mean-5
ings given those terms in subsection (c)(1) of section 3304 6
of title 5, United States Code, as added by section 3(a). 7
(b) O
THERTERMS.—In this Act, the term ‘‘competi-8
tive service’’ has the meaning given the term in section 9
2102 of title 5, United States Code. 10
SEC. 3. DEFINING THE TERM ‘‘EXAMINATION’’ FOR PUR-11
POSES OF HIRING IN THE COMPETITIVE 12
SERVICE. 13
(a) E
XAMINATIONS; TECHNICALASSESSMENTS.— 14
(1) I
N GENERAL.—Section 3304 of title 5, 15
United States Code, is amended— 16
(A) by redesignating subsections (c) 17
through (f) as subsections (d) through (g), re-18
spectively; and 19
(B) by inserting after subsection (b) the 20
following: 21
‘‘(c) E
XAMINATIONS.— 22
‘‘(1) D
EFINITIONS.— 23
‘‘(A) E
XAMINATION.— 24
‘‘(i) In this chapter, the term ‘exam-25
ination’— 26
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‘‘(I) means an opportunity to di-1
rectly demonstrate knowledge, skills, 2
abilities, and competencies, through a 3
passing score assessment; 4
‘‘(II) includes a re´sume´review 5
that is— 6
‘‘(aa) conducted by a subject 7
matter expert; and 8
‘‘(bb) based upon indicators 9
that— 10
‘‘(AA) are derived from 11
a job analysis; and 12
‘‘(BB) bear a rational 13
relationship to performance 14
in the position for which the 15
examining agency is hiring; 16
and 17
‘‘(III) on and after the date that 18
is 2 years after the date of enactment 19
of the Chance to Compete Act of 2023 20
does not include a self-assessment 21
from an automated examination, a 22
re´sume´review (except as provided in 23
subclause (II)), or any other method 24
of determining the experience or level 25
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of educational attainment of an indi-1
vidual, alone. 2
‘‘(ii)(I) An agency’s Chief Human 3
Capital Officer may waive clause (i)(III) 4
when needed to enable the filling of a posi-5
tion or class of positions. 6
‘‘(II) Not later than 180 days after 7
the date of enactment of the Chance to 8
Compete Act of 2023, the Director shall 9
provide agencies guidance and instruction 10
on the data, evidence, and circumstances 11
that Chief Human Capital Officers of 12
agencies should consider in determining 13
whether to grant a waiver under subclause 14
(I). 15
‘‘(III)(aa) An agency shall post any 16
waiver granted under subclause (I) on a 17
public website within 30 days of the grant-18
ing of the waiver. 19
‘‘(bb) A waiver shall not be considered 20
in effect until it is posted on the public 21
website pursuant to item (aa). 22
‘‘(IV)(aa) Each agency shall submit to 23
the Director on a semiannual basis a re-24
port summarizing the number of waivers 25
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granted by the Chief Human Capital Offi-1
cer of the agency under subclause (I) dur-2
ing the preceding 6-month period and the 3
reasons therefor. 4
‘‘(bb) The Director shall submit annu-5
ally to the Committee on Homeland Secu-6
rity and Governmental Affairs of the Sen-7
ate and the Committee on Oversight and 8
Accountability of the House of Representa-9
tives a report summarizing the number of 10
waivers granted by the Chief Human Cap-11
ital Officers of all agencies under subclause 12
(I) during the preceding year and the rea-13
sons therefor provided by the agencies. 14
‘‘(V) Not more than 10 percent of an 15
agency’s positions filled through competi-16
tive hiring procedures during a fiscal year 17
may be filled under the authority of a 18
waiver granted under clause (I), and an 19
agency shall obtain the Director’s approval 20
to fill more than 5 percent of such posi-21
tions under such authority. 22
‘‘(B) O
THER DEFINITIONS.—In this sub-23
section— 24
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‘‘(i) the term ‘agency’ means an agen-1
cy described in section 901(b) of title 31; 2
‘‘(ii) the term ‘Director’ means the 3
Director of the Office; 4
‘‘(iii) the term ‘examining agency’ 5
means— 6
‘‘(I) the Office; or 7
‘‘(II) an agency to which the Di-8
rector has delegated examining au-9
thority under section 1104(a)(2) of 10
this title; 11
‘‘(iv) the term ‘passing score assess-12
ment’ means an assessment that an indi-13
vidual can pass or fail; 14
‘‘(v) the term ‘subject matter expert’ 15
means an employee or selecting official— 16
‘‘(I) who possesses understanding 17
of the duties of, and knowledge, skills, 18
and abilities required for, the position 19
for which the employee or selecting of-20
ficial is developing or administering 21
an assessment; and 22
‘‘(II) whom the agency that em-23
ploys the employee or selecting official 24
designates to assist in the develop-25
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ment and administration of technical 1
assessments under paragraph (2); and 2
‘‘(vi) the term ‘technical assessment’ 3
means an assessment developed under 4
paragraph (2)(A)(i) that— 5
‘‘(I) allows for the demonstration 6
of job-related technical skills, abilities, 7
and knowledge; 8
‘‘(II)(aa) is based upon a job 9
analysis; and 10
‘‘(bb) is relevant to the position 11
for which the assessment is developed; 12
and 13
‘‘(III) may include— 14
‘‘(aa) a structured interview; 15
‘‘(bb) a work-related exer-16
cise; 17
‘‘(cc) a custom or generic 18
procedure used to measure an in-19
dividual’s employment or career- 20
related qualifications and inter-21
ests; or 22
‘‘(dd) another assessment 23
that meets the criteria under 24
subclauses (I) and (II). 25
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‘‘(2) TECHNICAL ASSESSMENTS .— 1
‘‘(A) I
N GENERAL.—For the purpose of 2
conducting an examination for a position in the 3
competitive service, an individual or individuals 4
whom an agency determines to have an exper-5
tise in the subject and job field of the position, 6
as affirmed and audited by the Chief Human 7
Capital Officer or Human Resources Director 8
(as applicable) of that agency, may— 9
‘‘(i) develop, in partnership with 10
human resources employees of the exam-11
ining agency, a position-specific assessment 12
that is relevant to the position; and 13
‘‘(ii) administer the assessment devel-14
oped under clause (i) to— 15
‘‘(I) determine whether an appli-16
cant for the position has a passing 17
score to be qualified for the position; 18
or 19
‘‘(II) rank applicants for the po-20
sition for category rating purposes 21
under section 3319. 22
‘‘(B) S
HARING AND CUSTOMIZATION OF 23
ASSESSMENTS.— 24
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‘‘(i) SHARING.—An examining agency 1
may share a technical assessment with an-2
other examining agency if each agency 3
maintains appropriate control over exam-4
ination material. 5
‘‘(ii) C
USTOMIZATION.—An examining 6
agency with which a technical assessment 7
is shared under clause (i) may customize 8
the assessment as appropriate, provided 9
that the resulting assessment satisfies the 10
requirements under part 300 of title 5, 11
Code of Federal Regulations (or any suc-12
cessor regulation). 13
‘‘(iii) P
LATFORM FOR SHARING AND 14
CUSTOMIZATION.— 15
‘‘(I) I
N GENERAL.—The Director 16
shall establish and operate an online 17
platform on which examining agencies 18
can share and customize technical as-19
sessments under this subparagraph. 20
‘‘(II) O
NLINE PLATFORM .—The 21
Director shall ensure that the online 22
platform described in subclause (I) in-23
cludes the ability of its users to rate 24
the utility of the content and technical 25
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assessments shared in the online plat-1
form to allow for a ranking of such 2
contents. 3
‘‘(3) R
EGULATIONS.—Not later than one year 4
after the date of enactment of the Chance to Com-5
pete Act of 2023, the Office of Personnel Manage-6
ment shall prescribe regulations necessary for the 7
administration of this subsection with respect to em-8
ployees in each agency.’’. 9
(2) A
LTERNATIVE RANKING AND SELECTION 10
PROCEDURES.—Section 3319(a) of title 5, United 11
States Code, is amended by adding at the end the 12
following: ‘‘To be placed in a quality category under 13
the preceding sentence, an applicant shall be re-14
quired to have passed an examination in accordance 15
with section 3304(b).’’. 16
(3) T
ECHNICAL AND CONFORMING AMEND -17
MENT.—Section 3330a(a)(1)(B) of title 5, United 18
States Code, is amended by striking ‘‘section 19
3304(f)(1)’’ and inserting ‘‘section 3304(g)(1)’’. 20
(b) I
MPLEMENTATION OF PASSINGSCOREASSESS-21
MENTREQUIREMENT.— 22
(1) I
N GENERAL.—Not later than 2 years after 23
the date of enactment of this Act, the Director and 24
the head of any other examining agency shall elimi-25
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nate the use of any examination for the competitive 1
service that does not satisfy the definition of the 2
term ‘‘examination’’ in subsection (c)(1)(A) of sec-3
tion 3304 of title 5, United States Code (as amend-4
ed by subsection (a)(1)(B)). 5
(2) R
EPORT REQUIRED .—One year following 6
the date of enactment of this Act, the Director shall 7
submit to the Committee on Oversight and Account-8
ability of the House of Representatives and the 9
Committee on Homeland Security and Governmental 10
Affairs of the Senate a report examining agencies’ 11
progress in implementing the requirement specified 12
in paragraph (1), identifying any significant difficul-13
ties encountered in such implementation. 14
(c) OPM R
EPORTING.— 15
(1) P
UBLIC ONLINE TOOL.— 16
(A) I
N GENERAL.—The Director of the Of-17
fice of Personnel Management shall maintain 18
and periodically update a publicly available on-19
line tool that, with respect to each position in 20
the competitive service for which an examining 21
agency examined applicants during the applica-22
ble period, includes— 23
(i) the type of assessment used, such 24
as— 25
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(I) a behavioral off-the-shelf as-1
sessment; 2
(II) a re´sume´review conducted 3
by a subject matter expert; 4
(III) an interview conducted by a 5
subject matter expert; 6
(IV) a technical off-the-shelf as-7
sessment; or 8
(V) a cognitive ability test; 9
(ii) whether or not the agency selected 10
a candidate for the position; and 11
(iii) the hiring authority used to fill 12
the position. 13
(B) T
IMING.— 14
(i) I
NITIAL DATA.—Not later than 15
180 days after the date of enactment of 16
this Act, the Director shall update the on-17
line tool described in subparagraph (A) 18
with data for positions in the competitive 19
service for which an examining agency ex-20
amined applicants during the period begin-21
ning on the date of enactment of this Act 22
and ending on the date of submission of 23
the report. 24
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(ii) SUBSEQUENT UPDATES .—Not 1
later than October 1 of each fiscal year be-2
ginning after the date on which the online 3
tool is initially updated under clause (i), 4
the Director shall update the online tool 5
described in subparagraph (A) with data 6
for positions in the competitive service for 7
which an examining agency examined ap-8
plicants during the preceding fiscal year. 9
(2) A
NNUAL PROGRESS REPORT .— 10
(A) I
N GENERAL.—Each year, the Direc-11
tor, in accordance with subparagraphs (B) and 12
(C), shall make publicly available and submit to 13
Congress an overall progress report that in-14
cludes summary data from examinations that 15
are closed, audited, and anonymous on the use 16
of examinations (as defined in subsection 17
(c)(1)(A) of section 3304 of title 5, United 18
States Code, as added by subsection (a) of this 19
section) for the competitive service, including 20
technical assessments. 21
(B) C
ATEGORIES; BASELINE DATA.—In 22
carrying out subparagraph (A), the Director 23
shall— 24
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(i) break the data down by applicant 1
demographic indicator, including veteran 2
status, race, gender, disability, and any 3
other measure the Director determines ap-4
propriate; and 5
(ii) use the data available as of Octo-6
ber 1, 2020, as a baseline. 7
(C) L
IMITATIONS.—In carrying out sub-8
paragraph (A), the Director may only make 9
publicly available and submit to Congress data 10
relating to examinations for which— 11
(i) the related announcement is 12
closed; 13
(ii) certificates have been audited; and 14
(iii) all hiring processes are com-15
pleted. 16
(d) GAO R
EPORT.—Not later than 5 years after the 17
date of enactment of this Act, the Comptroller General 18
of the United States shall submit to Congress a report 19
that— 20
(1) assesses the implementation of this section 21
and the amendments made by this section; 22
(2) assesses the impact and modifications to the 23
hiring process for the competitive service made by 24
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this section and the amendments made by this sec-1
tion; and 2
(3) makes recommendations for the improve-3
ment of the hiring process for the competitive serv-4
ice. 5
SEC. 4. AMENDMENTS TO COMPETITIVE SERVICE ACT OF 6
2015. 7
(a) P
LATFORMS FOR SHARINGCERTIFICATES OF 8
E
LIGIBLES.— 9
(1) I
N GENERAL.—Section 3318(b) of title 5, 10
United States Code, is amended— 11
(A) in paragraph (1), by striking ‘‘240- 12
day’’ and inserting ‘‘1-year’’; 13
(B) by redesignating paragraph (5) as 14
paragraph (6); and 15
(C) by inserting after paragraph (4) the 16
following: 17
‘‘(5) O
NLINE TOOL FOR SHARING RE ´SUME´SOF 18
INDIVIDUALS ON CERTIFICATES OF ELIGIBLES .—Not 19
later than one year after the date of enactment of 20
the Chance to Compete Act of 2023, the Director of 21
the Office of Personnel Management shall establish 22
and operate an online tool on which an appointing 23
authority can share, with other appointing authori-24
ties and the Chief Human Capital Officers Council 25
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established under section 1303 of the Chief Human 1
Capital Officers Act of 2002 (5 U.S.C. 1401 note; 2
Public Law 107–296), the re´sume´s of individuals 3
who are on a certificate of eligibles requested by the 4
appointing authority. In carrying out this para-5
graph, the Director shall consult with the Chief 6
Human Capital Officers Counsel and its membership 7
to develop a plan to establish such online tool.’’. 8
(2) P
LAN.—Not later than 270 days after the 9
date of enactment of this Act, the Director shall pro-10
vide to Congress a plan to develop the online tool re-11
quired in paragraph (5) of section 3318(b) of title 12
5, United States Code, as added by paragraph (1) 13
of this subsection. Such plan shall— 14
(A) incorporate the input and feedback col-15
lected during the required consultation under 16
such paragraph; and 17
(B) include estimated costs for building 18
and operating the online tool. 19
(b) M
AXIMIZINGSHARING OFAPPLICANTINFORMA-20
TION.—Section 2 of the Competitive Service Act of 2015 21
(Public Law 114–137; 130 Stat. 310) is amended— 22
(1) by redesignating subsections (c) and (d) as 23
subsections (d) and (e), respectively; and 24
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(2) by inserting after subsection (b) the fol-1
lowing: 2
‘‘(c) E
XPLORING THE BENEFITS OFMAXIMIZING 3
S
HARING OFAPPLICANTINFORMATION.— 4
‘‘(1) D
EFINITIONS.—In this subsection— 5
‘‘(A) the terms ‘agency’, ‘Director’, and 6
‘Office’ have the meanings given those terms in 7
section 3304(c)(1) of title 5, United States 8
Code; and 9
‘‘(B) the term ‘competitive service’ has the 10
meaning given the term in section 2102 of title 11
5, United States Code. 12
‘‘(2) M
AXIMIZING SHARING .—The Director 13
shall maximize the sharing of information among 14
agencies regarding qualified applicants for positions 15
in the competitive service, including by— 16
‘‘(A) providing for the delegation to other 17
agencies of the authority of the Office to host 18
multi-agency hiring actions to increase the re-19
turn on investment on high-quality pooled an-20
nouncements; and 21
‘‘(B) sharing certificates of eligibles and 22
accompanying re´sume´s for appointment.’’. 23
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SEC. 5. MODERNIZING AND REFORMING THE ASSESSMENT 1
AND HIRING OF FEDERAL JOB CANDIDATES. 2
(a) OPM R
EVIEW.—The Director shall conduct a re-3
view of all examinations for hiring for a position that the 4
Office or any other examining agency has determined re-5
quires a minimum educational requirement because the 6
nature of the duties of such position is of a scientific, tech-7
nical, or professional position pursuant to section 3308 of 8
title 5, United States Code, to determine whether there 9
are data, evidence, or other information that justifies the 10
need for educational requirements for such position. The 11
Director shall consult with appropriate agencies, employee 12
representatives, external experts, and other stakeholders 13
when making any such determinations. 14
(b) O
NLINETOOLREGARDINGPOSITIONDUTIES.— 15
(1) I
N GENERAL.—Not later than two years 16
after the date of enactment of this Act, the Director 17
shall create and maintain an online tool that lists 18
each of the duties determined to require minimum 19
educational requirements and the data, evidence, or 20
other information that justifies the need for these 21
educational requirements. This online tool shall in-22
clude a mechanism to receive feedback regarding 23
data, evidence, or information that could affect the 24
determination that a duty requires a minimum edu-25
cational requirement. 26
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(2) HIRING PRACTICES.—Not later than one 1
year after the creation of the online tool under para-2
graph (1), the Director and the head of any other 3
examining agency shall amend the hiring practices 4
of the Office or the other examining agency, respec-5
tively, in accordance with the findings of the review 6
made by subsection (a). 7
(c) O
NLINETOOLREGARDINGRECRUITING.—Upon 8
the date of enactment of this Act, the Director shall estab-9
lish and maintain an online tool that provides Federal 10
agencies guidance on, and information about, all programs 11
and authorities that help agencies attract, recruit, hire, 12
and retain individuals. 13
SEC. 6. TALENT TEAMS. 14
(a) F
EDERALAGENCYTALENTTEAMS.— 15
(1) I
N GENERAL.—An agency may establish one 16
or more talent teams (referred to in this section as 17
‘‘agency talent teams’’), including at the component 18
level. 19
(2) D
UTIES.—An agency talent team shall pro-20
vide hiring support to the agency and other agencies, 21
including by— 22
(A) improving examinations (as defined in 23
subsection (c)(1)(A) of section 3304 of title 5, 24
United States Code, as added by section 3(a)); 25
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(B) facilitating writing job announcements 1
for the competitive service; 2
(C) sharing high-quality certificates of eli-3
gibles; and 4
(D) facilitating hiring for the competitive 5
service using examinations (as defined in such 6
subsection (c)(1)(A)) and subject matter ex-7
perts. 8
(b) O
FFICE OFPERSONNELMANAGEMENT.—The 9
Director may establish a Federal talent team to support 10
agency talent teams in facilitating pooled hiring actions 11
across the Federal Government, providing training, and 12
creating technology platforms to facilitate hiring for the 13
competitive service, including— 14
(1) the development of technical assessments; 15
and 16
(2) the sharing of certificates of eligibles and 17
accompanying re´sume´s under sections 3318(b) and 18
3319(c) of title 5, United States Code. 19
SEC. 7. UPDATES TO SYSTEM OF RECORDS FOR HIRING AC-20
TIONS IN THE CIVIL SERVICE. 21
(a) U
PDATE TOSELECTSYSTEM OFRECORDS.—Not 22
later than 180 days after the date of enactment of this 23
Act, and on a regular basis thereafter, the Director of the 24
Office of Management and Budget shall provide guidance 25
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to all Federal departments and agencies to ensure appro-1
priate use of a system of records, including any govern-2
mentwide systems of records, to meet the requirements of 3
section 552a of title 5, United States Code (commonly 4
known as the ‘‘Privacy Act’’), in hiring actions in the civil 5
service. 6
(b) G
OVERNMENTWIDE SYSTEMS OFRECORDS AT 7
THEOFFICE.— 8
(1) I
N GENERAL.—The Director of the Office of 9
Personnel Management, in consultation with the Di-10
rector of the Office of Management and Budget, 11
shall ensure that any system of records notice up-12
dates required pursuant to the guidance provided 13
under subsection (a) account for any use of newer 14
technologies that capture records (as defined in sec-15
tion 552a(a)(4) of title 5, United States Code) in 16
video, audio, and video/audio combination formats 17
and accommodate maintenance of such video, audio, 18
and video/audio combination records. 19
(2) E
VALUATION FOR POTENTIAL UPDATES OR 20
REVISIONS.— 21
(A) I
N GENERAL.—Not later than 1 year 22
after the date of enactment of this Act, the Di-23
rector of the Office of Personnel Management 24
shall evaluate whether the governmentwide Sys-25
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•HR 159 IH
tem of Records Notices (referred to in this 1
paragraph as ‘‘SORNs’’) ‘‘OPM/GOVT–5 Re-2
cruiting, Examining, and Placement Records’’ 3
and ‘‘OPM/GOVT–6 Personnel Research and 4
Test Validation Records’’, or any successor ma-5
terials thereto, require updating or revision to 6
implement the purposes of this Act. 7
(B) I
SSUANCE OF UPDATES OR REVISIONS ; 8
NOTICE TO CONGRESS .—If the Director, after 9
the evaluation under subparagraph (A), finds 10
that any updates or revisions to the SORNs 11
identified in that subparagraph are necessary 12
and appropriate to support implementation of 13
this Act, the Director shall promptly— 14
(i) issue the updates or revisions; and 15
(ii) notify the Committee on Home-16
land Security and Governmental Affairs of 17
the Senate and the Committee on Over-18
sight and Accountability of the House of 19
Representatives. 20
SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. 21
The budgetary effects of this Act, for the purpose of 22
complying with the Statutory Pay-As-You-Go Act of 2010, 23
shall be determined by reference to the latest statement 24
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 25
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•HR 159 IH
Act, submitted for printing in the Congressional Record 1
by the Chairman of the House Budget Committee, pro-2
vided that such statement has been submitted prior to the 3
vote on passage. 4
Æ
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