[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--

[[Page H1032]]

       ``(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

[[Page H1033]]

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.

                          ____________________