[Congressional Record Volume 162, Number 32 (Monday, February 29, 2016)]
[House]
[Pages H1031-H1033]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMPETITIVE SERVICE ACT OF 2015
Mr. JODY B. HICE of Georgia. Mr. Speaker, I move to suspend the rules
and pass the bill (S. 1580) to allow additional appointing authorities
to select individuals from competitive service certificates, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 1580
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Competitive Service Act of
2015''.
SEC. 2. ADDITIONAL APPOINTING AUTHORITIES FOR COMPETITIVE
SERVICE.
(a) In General.--Section 3318 of title 5, United States
Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Other Appointing Authorities.--
``(1) In general.--During the 240-day period beginning on
the date of issuance of a certificate of eligibles under
section 3317(a), an appointing authority other than the
appointing authority requesting the certificate (in this
subsection referred to as the `other appointing authority')
may select an individual from that certificate in accordance
with this subsection for an appointment to a position that
is--
``(A) in the same occupational series as the position for
which the certification of eligibles was issued (in this
subsection referred to as the `original position'); and
``(B) at a similar grade level as the original position.
``(2) Applicability.--An appointing authority requesting a
certificate of eligibles may share the certificate with
another appointing authority only if the announcement of the
original position provided notice that the resulting list of
eligible candidates may be used by another appointing
authority.
``(3) Requirements.--The selection of an individual under
paragraph (1)--
``(A) shall be made in accordance with subsection (a); and
``(B) subject to paragraph (4), may be made without any
additional posting under section 3327.
``(4) Internal notice.--Before selecting an individual
under paragraph (1), and subject to the requirements of any
collective bargaining obligation of the other appointing
authority, the other appointing authority shall--
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``(A) provide notice of the available position to employees
of the other appointing authority;
``(B) provide up to 10 business days for employees of the
other appointing authority to apply for the position; and
``(C) review the qualifications of employees submitting an
application.
``(5) Collective bargaining obligations.--Nothing in this
subsection limits any collective bargaining obligation of an
agency under chapter 71.''.
(b) Alternative Ranking and Selection Procedures.--Section
3319 of title 5, United States Code, is amended by striking
subsection (c) and inserting the following:
``(c) Selection.--
``(1) In general.--An appointing official may select any
applicant in the highest quality category or, if fewer than 3
candidates have been assigned to the highest quality
category, in a merged category consisting of the highest and
the second highest quality categories.
``(2) Use by other appointing officials.--Under regulations
prescribed by the Office of Personnel Management, appointing
officials other than the appointing official described in
paragraph (1) (in this subsection referred to as the `other
appointing official') may select an applicant for an
appointment to a position that is--
``(A) in the same occupational series as the position for
which the certification of eligibles was issued (in this
subsection referred to as the `original position'); and
``(B) at a similar grade level as the original position.
``(3) Applicability.--An appointing authority requesting a
certificate of eligibles may share the certificate with
another appointing authority only if the announcement of the
original position provided notice that the resulting list of
eligible candidates may be used by another appointing
authority.
``(4) Requirements.--The selection of an individual under
paragraph (2)--
``(A) shall be made in accordance with this subsection; and
``(B) subject to paragraph (5), may be made without any
additional posting under section 3327.
``(5) Internal notice.--Before selecting an individual
under paragraph (2), and subject to the requirements of any
collective bargaining obligation of the other appointing
authority (within the meaning given that term in section
3318(b)(1)), the other appointing official shall--
``(A) provide notice of the available position to employees
of the appointing authority employing the other appointing
official;
``(B) provide up to 10 business days for employees of the
other appointing authority to apply for the position; and
``(C) review the qualifications of employees submitting an
application.
``(6) Collective bargaining obligations.--Nothing in this
subsection limits any collective bargaining obligation of an
agency under chapter 71.
``(7) Preference eligibles.--Notwithstanding paragraphs (1)
and (2), an appointing official may not pass over a
preference eligible in the same category from which selection
is made, unless the requirements of section 3317(b) and
3318(c), as applicable, are satisfied.''.
(c) Technical and Conforming Amendment.--Section 9510(b)(5)
of title 5, United States Code, is amended by striking
``3318(b)'' and inserting ``3318(c)''.
(d) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Director of the Office of
Personnel Management shall issue an interim final rule with
comment to carry out the amendments made by this section.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Georgia (Mr. Jody B. Hice) and the gentlewoman from Illinois (Ms.
Kelly) each will control 20 minutes.
The Chair recognizes the gentleman from Georgia.
General Leave
Mr. JODY B. HICE of Georgia. 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 the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Georgia?
There was no objection.
Mr. JODY B. HICE of Georgia. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, I rise today in support of S. 1580, the Competitive
Service Act of 2015, introduced by Senator Jon Tester of Montana. This
bill will allow Federal agencies to share their lists of best qualified
candidates with other agencies needing to hire for similar positions.
Mr. Speaker, many applicants are reluctant to apply for jobs with the
Federal Government due to the length of time it takes for some agencies
to fill job announcements. This bill will expedite the Federal hiring
process by allowing agencies to share their assessments of job
applicants for competitive service positions.
S. 1580 allows an agency to hire from another agency's certified list
of eligible candidates as long as the original job announcement
provided notice that the list of eligible candidates may be used by
another agency, that the position is in the same occupational category,
and that the position is at a similar grade level.
However, before an agency can hire from another agency's certified
list of eligible candidates, that agency must provide notice of the
available position to its internal employees, give up to 10 business
days for its employees to submit applications, and then consider those
applications. S. 1580 provides that as long as all of these
requirements are met, an agency does not need to make any additional
postings and may hire from the list of certified eligible candidates.
In an April 2014 report, titled, ``A New Civil Service Framework,''
the Partnership for Public Service discussed allowing agencies to share
those best qualified candidates with other agencies. PPS notes that
creating cross-agency best qualified applicant pools is ``another
commonsense opportunity to create enterprisewide efficiencies for the
Federal Government.''
With the Federal Government looking to fill critical vacancies, this
bill will assist agencies with recruiting and hiring much-needed talent
in areas such as cybersecurity and information technology.
Mr. Speaker, the committee received letters of support for this
legislation from the Professional Managers Association and the
Partnership for Public Service. The Federal Managers Association also
supports this bill, calling it commonsense legislation.
I want to thank Senator Tester for this legislation. The House has a
similar bill that was introduced by Representatives Connolly and
Wittman, and I want to thank them also for bringing this matter to the
attention of the committee as well.
Mr. Speaker, as we move forward with legislation to make the Federal
Government more effective and efficient, I urge my colleagues to
support this important, bipartisan legislation.
Mr. Speaker, I reserve the balance of my time.
Ms. KELLY of Illinois. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in strong support of S. 1580, the Competitive
Service Act of 2015. I commend Senators Tester and Portman and other
colleagues in the Senate for their leadership on this important
legislation. I also want to thank my friend and colleague, Congressman
Connolly of Virginia, for his work on this bill and introducing the
companion bill in the House.
S. 1580 is a commonsense measure to streamline the Federal
Government's hiring process. The legislation would reduce duplication
in the vetting of candidates for Federal jobs by allowing agencies to
share their list of best qualified candidates with other agencies that
are hiring for a similar position.
Under this bill, an agency may hire an individual from another
agency's certified list of candidates without any additional job
posting if the agency meets certain requirements, including notifying
its employees of the available position and allowing them to apply.
I urge my colleagues to join me in voting in favor of this
legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. JODY B. HICE of Georgia. Mr. Speaker, I yield 2 minutes to the
gentleman from Virginia (Mr. Wittman). He has been a major player in
this legislation.
Mr. WITTMAN. Mr. Speaker, I thank the gentleman from Georgia for
yielding and thank him for his leadership.
As you have heard, this is just a commonsense bill, and I rise in
strong support of S. 1580, the Competitive Services Act. I want to
thank my colleague from Virginia, Gerry Connolly, for his effort, along
with my staff, in putting together the House version of this bill.
It is just a commonsense, bicameral, and bipartisan bill that allows
agencies in a very complex and competitive world to aggressively and
timely recruit individuals for these positions. We want to get
individuals into those positions quickly, and we want to understand
where the talent lies so that these agencies can communicate back
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and forth. Many times that silo approach doesn't work. This breaks down
those silos and allows agencies to share information about these
applicants.
In today's world when we need to, in a timely way, gets folks into
the cybersecurity realm, we need to get folks into the information
technology realm, and even in the veterans' healthcare realm where we
need to get healthcare providers there quickly, especially when there
is demand, this is the perfect way to do that. When we go through the
effort of having these individuals apply for these jobs, we know what
their qualifications are. There is no reason why we shouldn't be
sharing this information. It allows us to act in the best interests of
taxpayers, it cuts down on the amount of expense that is put forth in
recruiting these individuals, and it ensures that we get things done on
time.
We understand, too, the talent pool that is out there. Many times,
too, if you look at it and say that these are the individuals who are
available and even if there is a challenge in getting somebody, you can
immediately see that, instead of having to wait for time to communicate
back and forth between agencies and say, ``Well, it doesn't look like
in this area that we have the number of individuals that we need; what
is the next course of action?'' this allows us to get through all of
those particular issues and get people in these positions as quickly as
possible.
It is just a commonsense piece of legislation that allows our
managers to manage in the most effective way possible. It allows us to
do the best job for our country, and it allows the best use of
taxpayers' dollars.
Mr. Speaker, I urge my colleagues to support S. 1580.
Ms. KELLY of Illinois. Mr. Speaker, I have no additional speakers.
Mr. Speaker, I yield back the balance of my time.
Mr. JODY B. HICE of Georgia. Mr. Speaker, I have no further speakers,
and I am prepared to close. I urge adoption of this bill.
Mr. Speaker, I yield back the balance of my time.
Mr. CONNOLLY. Mr. Speaker, I want to express my strong support for
the bipartisan, bicameral Competitive Service Act, S. 1580, before the
House today. I am pleased to sponsor the House companion, H.R. 2827, of
this common-sense legislation with my fellow Virginian, Rob Wittman.
Our bill reforms an antiquated and cumbersome hiring system that
hinders our nation's ability to efficiently hire the most qualified
candidates into federal service. Under current law, federal agencies
are prohibited from sharing information about vetted job applicants.
For example, when agencies identify finalists for a vacant position in
a highly competitive field, such as cybersecurity, no other agency can
leverage those efforts and take advantage of applicant screening that's
already been performed.
Our bill will empower agencies to share information about the most
qualified candidates, allowing the federal government to effectively
recruit the best and the brightest talent while saving taxpayer
dollars. It represents a win-win for applicants and agency human
resource professionals.
Further this is an important component of a comprehensive effort to
modernize the federal hiring process to ensure we can recruit the next
generation of civil servants. We are facing a retirement bubble within
the federal ranks. Last year, GAO reported that nearly one-third of the
federal workforce would be eligible to retire by the end of fiscal year
2017.
We need to begin repairing the significant-damage that has been
wrought on federal employees. The perception of public service, once
lionized by President Kennedy as a noble profession, has steadily been
whittled away by the current House majority, which has cut federal pay
and benefits. Just try to go to a college campus today and convince a
young graduate that they have a promising future federal service.
The relaunch of the USAJobs site later this week is another critical
tool that will make the application process more user-friendly and
transparent. Our Competitive Service Act will ensure all agencies have
ready access to those qualified individuals once they're in the system.
I urge my colleagues to support this common-sense legislation.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Georgia (Mr. Jody B. Hice) that the House suspend the
rules and pass the bill, S. 1580, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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