I 112th CONGRESS 1st Session H. R. 3285 IN THE HOUSE OF REPRESENTATIVES October 31, 2011 Mr. Issa introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend the District of Columbia Home Rule Act to establish factors for making determinations on the suitability of individuals for employment with the District of Columbia Government, to require individuals to undergo criminal background checks as a condition of appointment in the excepted service of the District Government, and for other purposes.

1.

Short title

This Act may be cited as the District of Columbia Employee Suitability Act of 2011.

2.

Criteria for making suitability determinations for district of columbia employment; requiring criminal background checks for appointment to excepted service

(a)

In general

Part B of title IV of the District of Columbia Home Rule Act (sec. 1–204.21 et seq., D.C. Official Code) is amended by adding at the end the following new section:

425.

requirements for applicants for employment with district of columbia government

(a)

Criteria for suitability determinations

(1)

In general

Except as provided in paragraph (2), in determining whether an individual is suitable for employment with the District of Columbia Government, the hiring authority involved may find an individual unsuitable and take a suitability action only on the basis of the following factors: (A)Misconduct or negligence in employment. (B)Criminal or dishonest conduct. (C)Material, intentional false statement, or deception or fraud in examination or appointment. (D)Alcohol abuse, without evidence of substantial rehabilitation, of a nature and duration that suggests that the applicant or appointee would be prevented from performing the duties of the position in question, or would constitute a direct threat to the property or safety of the applicant or appointee or others. (E)Illegal use of narcotics, drugs, or other controlled substances without evidence of substantial rehabilitation. (F)Knowing and willful engagement in acts or activities designed to overthrow the United States Government by force. (G)Any statutory or regulatory bar which prevents the lawful employment of the individual involved in the position in question. (2)

Additional considerations

In addition to the factors described in paragraph (1), the hiring authority may consider any of the following factors with respect to an individual’s suitability for employment to the extent that it considers such factors pertinent with respect to the individual involved: (A)The nature of the position for which the individual is applying or in which the individual is employed. (B)The nature and seriousness of the conduct. (C)The circumstances surrounding the conduct. (D)How recently the conduct occurred. (E)The age of the individual involved at the time of the conduct. (F)Contributing societal conditions. (G)The absence or presence of rehabilitation or efforts toward rehabilitation. (3)

Reciprocity

A hiring authority cannot make a new determination under this subsection for an individual who has already been determined suitable or fit based on character or conduct unless a new investigation is required under the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (or any successor law governing a merit personnel system for the District of Columbia), or no new investigation is required but the investigative record on file for the individual shows conduct that is incompatible with the core duties of the relevant covered position. (4)

Scope of coverage

This subsection shall apply to any office in the executive branch of the District of Columbia Government and to any independent agency of the District of Columbia established under part F of this title, but does not apply to the Council or the courts of the District of Columbia. (5)

Effective date

This subsection applies with respect to individuals who seek employment with the District of Columbia Government after the date of the enactment of this section. (b)

Criminal background checks for appointment to excepted service

(1)

Requirement

An individual may not be appointed to any position in the excepted service under the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (or any successor law governing a merit personnel system for the District of Columbia) unless the individual applies for and submits to a criminal background check in accordance with the Criminal Background Checks for the Protection of Children Act of 2004 and the regulations issued to carry out such Act. (2)

Administration

For purposes of this section, the Criminal Background Checks for the Protection of Children Act of 2004 shall apply to an individual seeking appointment to a position in the excepted service in the same manner as such Act applies to an individual applying for paid employment by a covered child or youth services provider under such Act. (3)

Effective date

This subsection applies with respect to individuals who are appointed to positions in the excepted service after the date of the enactment of this section.

. (b)

Clerical amendment

The table of contents of the District of Columbia Home Rule Act is amended by adding at the end of the item relating to part B of title IV the following new item: Sec. 425. Requirements for applicants for employment with District of Columbia Government. .