I 112th CONGRESS 1st Session H. R. 3064 IN THE HOUSE OF REPRESENTATIVES September 23, 2011 Mr. Sarbanes (for himself, Mr. Moran, Mr. Connolly of Virginia, Mrs. Maloney, Mr. Lewis of Georgia, and Ms. Richardson) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide for improvements in the Federal hiring process, and for other purposes.

1.

Short title

This Act may be cited as the Federal Hiring Process Improvement Act of 2011.

2.

Definition

In this Act, the term agency— (1)means an Executive agency as defined under section 105 of title 5, United States Code; and (2)shall not include the Government Accountability Office.

3.

Strategic Workforce Plan

(a)

In general

(1)

Development of plan

Not later than 180 days after the date of enactment of this Act and in every subsequent year, the head of each agency, in consultation with the Office of Personnel Management and the Office of Management and Budget, shall develop a strategic workforce plan as part of the agency performance plan required under section 1115 of title 31, United States Code, to include— (A)hiring projections, including occupation and grade level; (B)long-term and short-term strategic human capital planning to address critical skills deficiencies; (C)recruitment strategies to attract highly qualified candidates from diverse backgrounds; (D)streamlining the hiring process to conform with the provisions in this Act; and (E)a specific analysis of the contractor workforce, whether the balance between work being performed by the Federal workforce and the contractor workforce should be adjusted, and the capacity of the agency to manage employees who are not Federal employees and are doing the work of the Government. (2)

Inclusion in performance plan

Section 1115(a) of title 31, United States Code, is amended— (A)in paragraph (5), by striking and after the semicolon; (B)in paragraph (6), by striking the period and inserting ; and; and (C)by adding at the end the following: (7)include the strategic workforce plan developed under section 3 of the Federal Hiring Process Improvement Act of 2011. . (b)

Hiring projections

Agencies shall make hiring projections made under strategic workforce plans available to the public, including on agency Web sites. (c)

Submission to the Office of Personnel Management

Each agency strategic workforce plan shall be submitted to the Office of Personnel Management. (d)

Governmentwide strategic workforce plan

Based on the agency plans submitted under subsection (a), the Office of Personnel Management shall— (1)develop a governmentwide strategic workforce plan updated at least annually to include the contents described under subsection (a)(1) on a governmentwide basis; and (2)make such plan available to the President, Congress, and the public.

4.

Federal announcements of vacant positions

(a)

Targeted Announcements

In consultation with the Chief Human Capital Officers Council, the head of each agency shall— (1)take steps necessary to identify highly qualified applicant pools with diverse backgrounds before posting announcements of vacant positions; (2)seek to develop relationships with targeted and diverse applicant pools to encourage applications for high-quality applicants; and (3)post announcements of vacant positions for a reasonable period of time. (b)

Public notice requirements

The requirements of subsection (a) shall not supersede public notice requirements. (c)

Plain writing requirement

(1)

Definition

In this subsection, the term plain writing has the meaning given under section 3 of the Plain Writing Act of 2010 (5 U.S.C. 301 note). (2)

Requirement

All Federal announcements of vacant positions for competitive positions shall be written in plain writing in accordance with the Plain Writing Act of 2010 (5 U.S.C. 301 note). (d)

Contact Information

Announcements of vacant positions shall include contact information for applicants to seek further information.

5.

Application process and notification requirements

(a)

Application process

Not later than 180 days after the date of enactment of this Act and in consultation with the Office of Personnel Management and the Office of Management and Budget, the head of each agency shall ensure that processes are implemented to— (1)ensure that positions that are on the announcements of vacant positions are open for a reasonable period of time as determined by the head of the agency to allow applicants from diverse backgrounds time to submit an application; (2)allow applicants to submit a cover letter, resume, and answers to brief questions, such as questions relating to United States citizenship and veterans status, to complete an initial application; (3)not require lengthy writing requirements such as knowledge, skills, and ability essays as part of an initial application; (4)allow applicants to submit application materials in a variety of formats, including word processing documents and portable document format; (5)not require any applicant to provide a Social Security number or any other personal identifying information unnecessary for the initial review of an applicant for a position; (6)not require the submission of additional material in support of an application, such as educational transcript, proof of veterans status, and professional certifications, unless necessary to complete the hiring process; (7)provide for a valid, position-related assessment process to help identify the best candidates for the position to be filled and which does not place an unreasonable burden upon applicants; (8)ensure that applicants are given a reasonable amount of time after the closing date of the announcement of a vacant position to provide additional necessary information; and (9)include the hiring manager in all parts of the hiring process, including— (A)targeted recruitment; (B)drafting the announcement of the vacant position; (C)review of the initial applications; (D)interviewing the applicants; and (E)the final decision making process. (b)

Notification requirements

(1)

In general

In consultation with the Chief Human Capital Officers Council, the head of each agency shall ensure there are mechanisms under which each applicant for a vacant position shall receive timely notification of the status of each application or provide the applicant the ability to check on the status of each application. (2)

Notification

A timely notification to an applicant under this subsection shall be made upon— (A)receipt of an application by the employing agency; (B)determination of the qualification of the applicant for the position; (C)referral to the selecting official, or when a decision is made not to refer the applicant; and (D)selection of an applicant. (3)

Applicants not selected

The agency shall notify any applicant who is not offered employment that the applicable position is not open, not later than 10 business days after the date on which— (A)the selected candidate has accepted an offer of employment; or (B)the announcement of the vacant position has been cancelled.

6.

Agency hiring procedures

(a)

Elimination of the rule of three; multiple selections from one certificate

(1)

In general

Chapter 33 of title 5, United States Code, is amended by striking section 3317 and inserting the following:

3317.

Competitive service; certification and selection using numerical ratings

(a)

Certifications

The Office of Personnel Management, or an agency to which the Office has delegated examining authority under section 1104(a)(2), shall certify a sufficient number of names from the top of the appropriate register or list of eligibles for an appointing authority who has requested a certificate of eligibles to consider when filling a position in the competitive service. (b)

Selections

(1)

In general

An appointing authority shall select for appointment from the eligibles available for appointment on the certificate provided under subsection (a), unless objection to one or more of the individuals certified is made to, and sustained by, the Office of Personnel Management or the relevant agency for proper and adequate reason. (2)

Other appointing authorities

Not later than 240 days after the date of issuance of a certificate under subsection (a), other appointing authorities may select from that certificate for similar positions in the same occupational series and at the same grade level without any additional posting under section 3327. (c)

Preference eligibles

(1)

Pass overs

(A)

In general

If an appointing authority proposes to pass over a preference eligible on a certificate in order to select an individual who is not a preference eligible, that appointing authority shall submit a statement of reasons to the Office of Personnel Management for passing over the preference eligible. (B)

Reasons for pass overs

(i)

Record

The Office shall make the reasons submitted by the appointing authority part of the record of the preference eligible and may require the submission of more detailed information from the appointing authority in support of the passing over of the preference eligible. (ii)

Review

The Office shall— (I)review the reasons submitted by the appointing authority; and (II)determine the sufficiency or insufficiency of the reasons, taking into account any response received by the Office from the preference eligible based on the reasons made available under or paragraph (3). (C)

Findings

After the Office has completed the review under subparagraph (B) of the proposed pass over, the Office shall send its findings to the appointing authority and to the preference eligible. The appointing authority shall comply with the findings of the Office. (2)

Preference eligibles

In the case of a preference eligible not described under paragraph (3)(A), upon the request of that preference eligible (or the representative of that preference eligible) the Office of Personnel Management shall provide a copy of— (A)the reasons for the proposed pass over submitted by the appointing authority under paragraph (1)(A); and (B)the findings of the Office under paragraph (1)(C). (3)

Preference eligibles with certain disabilities

(A)

Notifications

In the case of a preference eligible described under section 2108(3)(C) who has a compensable service-connected disability of 30 percent or more, the appointing authority shall provide notification to the preference eligible of— (i)the proposed pass over; (ii)the reasons for the proposed pass over; and (iii)the right of the preference eligible to respond to those reasons to the Office of Personnel Management or the relevant agency not later than 15 days after the date of the receipt of the notification. (B)

Timing of notifications

The appointing authority shall provide notification to the preference eligible under subparagraph (A) at the same time the appointing authority provides notification to the Office of Personnel Management under paragraph (1). (C)

Demonstration of notifications

Before completing the review under paragraph (1) with respect to a preference eligible described under section 2108(3)(C) who has a compensable service-connected disability of 30 percent or more, the Office shall require a demonstration by the appointing authority that a timely notification under subparagraph (A) was sent to the last known address of the preference eligible. (4)

Nondelegation of functions

In the case of a preference eligible described under paragraph (3), the functions of the Office of Personnel Management under this subsection may not be delegated. (d)

Reemployment

If the names of preference eligibles are on a reemployment list appropriate for the position to be filled, a nominating or appointing authority may appoint from a register of eligibles established after examination only an individual who qualifies as a preference eligible under section 2108(3)(C) through (G). (e)

Regulations

The Office of Personnel Management shall prescribe regulations to carry out this section, including regulations for the establishment of mechanisms, such as advanced determination of score, for identifying the eligibles who will be considered for appointment.

. (2)

Competitive service; selection from certificates

(A)

Repeal

Section 3318 of title 5, United States Code, is repealed. (B)

Technical and conforming amendment

Section 3304(a)(3) of title 5, United States Code, is amended by striking 3318 and inserting 3317. (3)

Competitive service; selection using category rating

Section 3319 of title 5, United States Code, is amended— (A)by striking the section heading and inserting the following:

3319.

Competitive service; selection using category rating

; (B)in subsection (c)(2) by striking section 3317(b) or 3318(b) and inserting section 3317(c); (C)by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (D)by inserting after subsection (c) the following: (d)Not later than 240 days after the date a certificate under this section is issued, other appointing authorities may select from that certificate for similar positions in the same occupational series and at the same grade level in accordance with subsection (c) without any additional posting under section 3327. . (4)

Excepted service; government of the District of Columbia; selection

Section 3320 of title 5, United States Code, is amended by striking sections 3308–3318 and inserting sections 3308 through 3319. (b)

Reporting and posting employment opportunities

(1)

Governmentwide list of vacant positions

Section 3330 of title 5, United States Code, is repealed. (2)

Civil service positions list

Chapter 33 of title 5, United States Code, is amended by striking section 3327 and inserting the following:

3327.

Civil service positions list

(a)

Definitions

In this section— (1)the term agency— (A)means an Executive agency as defined under section 105; and (B)includes the Government Printing Office; and (2)the term covered position means a position— (A)in the competitive service (other than a position established for a period not exceeding 18 months); or (B)a position in the Senior Executive Service. (b)

Vacant covered positions

Subject to regulations prescribed under subsection (e), each agency shall promptly provide notification to the Office of Personnel Management of vacant covered positions in the agency for which the agency seeks applications from individuals who are not employees of that agency. (c)

List

(1)

Establishment and maintenance

The Office of Personnel Management shall establish and maintain a comprehensive list of vacant positions within each agency for which applications are currently being accepted or will soon be accepted. (2)

Contents and availability

The list established and maintained under this subsection shall— (A)include— (i)a brief description of each position, including the title, expected duration, location, and rate of pay of the position; (ii)the period during which applications will be accepted; (iii)application procedures, including who may apply, and procedures for obtaining additional information; (iv)the conditions under which applicants may be considered; and (v)any other information the Office considers appropriate; and (B)be made available to the public, in such form as the Office requires in regulations prescribed under subsection (e). (d)

Fees

(1)

Charging

The Office of Personnel Management may charge fees to agencies for services provided under this section and for related Federal employment information. (2)

Retaining and use

The Office shall retain fees collected under this subsection to pay the costs of providing the services and information. (e)

Regulations

The Office of Personnel Management shall prescribe regulations to carry out this section.

. (c)

Technical and conforming amendment

The table of sections for chapter 33 of title 5, United States Code, is amended by striking the items relating to sections 3317 through 3330 and inserting the following: 3317. Competitive service; certification and selection using numerical ratings. 3318. Repealed. 3319. Competitive service; selection using category rating. 3320. Excepted service; government of the District of Columbia; selection. 3321. Competitive service; probationary period. 3322. Repealed. 3323. Automatic separations; reappointment; reemployment of annuitants. 3324. Appointments to positions classified above GS–15. 3325. Appointments to scientific and professional positions. 3326. Appointments of retired members of the armed forces to positions in the Department of Defense. 3327. Civil service positions list. 3328. Selective Service registration. 3329. Appointments of military reserve technicians to positions in the competitive service. 3330. Repealed. .

7.

Training

Not later than 120 days after the date of enactment of this Act— (1)in consultation with the Chief Human Capital Officers Council, the Office of Personnel Management shall develop and notify agencies of a training program for human resources professionals to implement the requirements of this Act; and (2)each agency shall develop and submit to the Office of Personnel Management a plan to implement the training program.

8.

Reduction in the length of the hiring process

(a)

Agency plans

Unless the Office of Personnel Management certifies an agency already has a plan in effect, the head of each agency shall develop a plan to reduce the length of the hiring process, which shall include an analysis of the current hiring process performed in accordance with standards established by the Office of Personnel Management. (b)

Requirements

To the extent practical, each agency shall fill identified vacancies not later than an average of 80 calendar days after the date of identification of the vacancy. (c)

Reports

Each agency shall submit an annual report to Congress on the average period of time required to fill each position, and whether such positions are cancelled or reopened.

9.

Measures of Federal hiring effectiveness

(a)

In general

Each agency shall measure and collect information on indicators of hiring effectiveness relating to— (1)recruiting and hiring, including the— (A)ability to reach and recruit highly qualified talent from diverse talent pools; (B)use and impact of each hiring authority and flexibility to recruit most qualified applicants, including the use of student internships and scholarship programs as a talent pool for permanent hires; (C)use and impact of special hiring authorities and flexibilities to recruit diverse candidates, including veteran, minority, and disabled candidates; (D)age, educational level, and source of applicants; (E)length of time between the time a position is advertised and the time a first offer of employment is made; (F)length of time between the time a first offer of employment for a position is made and the time a new hire starts in that position; (G)number of internal and external applicants for Federal positions; (H)number of positions filled compared to the specific number in the annual workforce plan of the agency, with specific reference to mission-critical occupations or areas of critical shortage deficiencies; and (I)number of offers accepted compared to the number of offers made for permanent positions; (2)hiring manager assessment, including— (A)manager satisfaction with the quality of the applicants interviewed and new hires; (B)manager satisfaction with the match between the skills of newly hired individuals and the needs of the agency; (C)manager satisfaction with the hiring process and hiring outcomes; (D)mission-critical deficiencies closed by new hires and the connection between mission-critical deficiencies and annual agency performance; and (E)manager satisfaction with the length of time to fill a position; (3)applicant satisfaction with the hiring process, including— (A)the clarity of the announcement of the vacant position; (B)the reasons for withdrawal of any application; (C)the user-friendliness of the application process; (D)the communication regarding status of application; and (E)the timeliness of hiring decision; and (4)new hire assessment, including— (A)new hire satisfaction with the hiring process, including— (i)the clarity of the announcement of the vacant position; (ii)the user-friendliness of the application process; (iii)the communication regarding status of application; and (iv)timeliness of hiring decision; (B)satisfaction with the onboarding experience, including— (i)the timeliness of onboarding after the hiring decision; (ii)the welcoming and orientation processes; and (iii)being provided with timely and useful new employee information and assistance; (C)new hire attrition; (D)investment in training and development for employees during their first year of employment; and (E)other indicators and measures as required by the Office of Personnel Management. (b)

Reports

(1)

In general

Each agency shall submit on an annual basis and in accordance with regulations prescribed under subsection (c) the information collected under subsection (a) to the Office of Personnel Management. (2)

Availability of recruiting and hiring information

Each year the Office of Personnel Management shall provide the information submitted under paragraph (1) in a consistent format to allow for a comparison of hiring effectiveness and experience across demographic groups and agencies to— (A)Congress before that information is made publicly available; and (B)the public on the Web site of the Office not later than 90 days after the submission of the information under paragraph (1). (c)

Regulations

Not later than 180 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall prescribe regulations directing the methodology, timing, and reporting of the data described in subsection (a).

10.

Regulations

(a)

In general

Except as provided under section 9(c), not later than 120 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall prescribe regulations as necessary to carry out this Act. (b)

Consultation

The Director of the Office of Personnel Management shall consult the Chief Human Capital Officers Council in the development of regulations under this section.