Title: Hiring Proven Performers to the Civil Service Act
Policy area: Government Operations and Politics

Summary:
Hiring Proven Performers to the Civil Service Act
This bill authorizes a federal agency to noncompetitively appoint certain high-performing federal employees.
Specifically, an agency may noncompetitively appoint, for other than temporary employment, to a position in the competitive service any individual who
An individual may not be appointed to such a position more than once.
OPM must set forth the criteria for certifying an individual as a high-performing employee in a former position based on (1) the individual's final performance appraisal in that former position, and (2) a recommendation by the individual's immediate or other supervisor in that position.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4911 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4911

 To provide for noncompetitive appointments in the competitive service 
                 for high-performing Federal employees.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2022

 Mr. Lankford introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To provide for noncompetitive appointments in the competitive service 
                 for high-performing Federal employees.

    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 ``Hiring Proven Performers to the 
Civil Service Act''.

SEC. 2. NONCOMPETITIVE ELIGIBILITY FOR HIGH-PERFORMING CIVILIAN 
              EMPLOYEES.

    (a) Definitions.--In this section--
            (1) the term ``competitive service'' has the meaning given 
        the term in section 2102 of title 5, United States Code; and
            (2) the term ``Executive agency'' has the meaning given the 
        term in section 105 of title 5, United States Code.
    (b) Regulations.--Under such regulations as the Director of the 
Office of Personnel Management shall issue, an Executive agency may 
noncompetitively appoint, for other than temporary employment, to a 
position in the competitive service any individual who--
            (1) is certified by the Director as having been a high-
        performing employee in a former position in the competitive 
        service;
            (2) has been separated from the former position described 
        in paragraph (1) for less than 6 years; and
            (3) is qualified for the new position in the competitive 
        service, as determined by the head of the Executive agency 
        making the noncompetitive appointment.
    (c) Limitation on Authority.--An individual may not be appointed to 
a position under subsection (b) more than once.
    (d) Designation of High-Performing Employees.--The Director of the 
Office of Personnel Management shall, in the regulations issued under 
subsection (b), set forth the criteria for certifying an individual as 
a ``high-performing employee'' in a former position, which shall be 
based on--
            (1) the final performance appraisal of the individual in 
        that former position; and
            (2) a recommendation by the immediate or other supervisor 
        of the individual in that former position.
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