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.

SECTION 1. SHORT TITLE.

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

SEC. 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:

``requirements for applicants for employment with district of columbia 
                               government

    ``Sec. 425.  (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.''.

Summary: District of Columbia Employee Suitability Act of 2011 - Amends the District of Columbia Home Rule Act to establish criteria to determine whether an individual is suitable for employment with the District of Columbia government.

Authorizes the hiring authority involved, subject to exceptions, to find an individual unsuitable and take a suitability action only on the basis of: (1) misconduct or negligence in employment; (2) criminal or dishonest conduct; (3) material, intentional false statement, or deception or fraud in examination or appointment; (4) alcohol abuse of a specified character; (5) illegal use of narcotics, drugs, or other controlled substances without evidence of substantial rehabilitation; (6) knowing and willful engagement in acts or activities designed to overthrow the U.S. government by force; and (7) any statutory or regulatory bar preventing the lawful employment of the individual involved in the position in question.

Specifies additional factors the hiring authority may consider.

Prohibits a hiring authority from making a new determination under this Act for an individual who has already been determined suitable or fit based on character or conduct unless: (1) a new investigation is required under the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (Merit Personnel Act) or any successor law, or (2) no new investigation is required but the investigative record on file for the individual shows conduct incompatible with the core duties of the relevant covered position.

Makes such suitability determination factors: (1) applicable to any office in the District of Columbia executive branch and to any District of Columbia independent agency, and (2) inapplicable to the Council and courts of the District of Columbia.

Prohibits appointments to any position in the excepted service under the Merit Personnel Act 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.