[Congressional Record Volume 155, Number 53 (Monday, March 30, 2009)]
[Senate]
[Pages S3991-S3993]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself and Mr. Voinovich):
  S. 736. A bill to provide for improvements in the Federal hiring 
process and for other purposes; to the Committee on Homeland Security 
and Governmental Affairs.
  Mr. AKAKA. Mr. President, today I introduce the Federal Hiring 
Process Improvement Act to help agencies fix the broken recruitment and 
hiring process in the Federal Government. I am pleased to be joined by 
my good friend Senator Voinovich in this effort.
  The Federal Government is the largest employer in the U.S., but every 
day talented people interested in Federal service walk away because the 
hiring process is longer and more complicated than that of other 
employers. Too many Federal agencies have built entry barriers for new 
workers, done too little to recruit the right candidates, and invented 
an evaluation process that discourages qualified candidates.
  In the private sector, many employers post job vacancies through a 
variety of online and other venues and require only a resume and cover 
letter to apply. Applying to the federal government should be similarly 
accessible and easy. However, agencies often require substantial essays 
and other documentation at the initial application stage.
  Agencies need to adapt, just as the private sector has, to take 
advantage of modern technology to boost recruitment efforts and 
streamline the hiring process to make it more user friendly. 
Inexpensive outlets such as social networking sites offer agencies an 
opportunity to expand their profile and post job opportunities without 
emptying their wallets. It is easier than it was in the past to submit 
and track application materials during the application process. 
Agencies should accept candidate-friendly applications such as resumes 
and cover letters for the initial application and ask for additional 
information only as needed. Likewise, technology makes it possible to 
provide automated information to candidates, so candidates should 
receive timely and informative feedback about the application process.
  Additionally, more employees with advanced and technical skills are 
needed in the modern federal workforce, so more pipelines into colleges 
and technical schools need to be developed to recruit candidates from 
diverse backgrounds.
  Last year, I chaired a hearing of the Subcommittee on Oversight of 
Government Management, the Federal Workforce, and the District of 
Columbia, where witnesses testified to the need for reforms in the 
hiring process. The Government Accountability Office testified to the 
broad failures of agencies to address such problems as passive 
recruitment strategies, unclear job vacancy announcements, and 
imprecise candidate assessment tools. Witnesses testified that young 
people are greatly interested in Federal Government service, but 
agencies need to meet them where they are. Developing broader 
recruitment strategies, using online resources and streamlining the 
hiring process are essential to attracting the next generation of 
Federal employees.
  In response to the hearing, the Office of Personnel Management, OPM, 
developed the End-to-End Hiring Roadmap initiative that provides 
agencies a streamlined 80-day model from the time a manager seeks to 
fill a position to the time an offer is made. This initiative addresses 
strategic workforce planning, targeted recruitment, clear job 
announcements, and hiring flexibilities. The initiative also advocates 
accepting resumes and cover letters over the lengthy and onerous 
knowledge, skills, and abilities essays, KSAs, required for many 
Federal jobs.
  This initiative includes many positive steps, but many agencies are 
not adopting them. OPM does not have the authority to require agencies 
to do so. Congress must step in.
  The Federal Hiring Process Improvement Act requires agencies to 
develop strategic workforce plans, including hiring projections and 
critical skills gaps analyses of the workforce; post brief, clear job 
announcements in plain writing; Allow submission of resumes and cover 
letters and no longer require KSAs; provide timely notification to 
applicants of the status of their application; take no more than 80 
days from the time a manager decides to fill a vacancy to the time an 
offer is made; keep an inventory of all applicants who elect to be 
considered for other Federal vacancies; and measure the effectiveness 
of hiring efforts and reforms.
  Agencies must make reforming the recruitment and hiring process a top 
priority, and this bill furthers the discussion. The Federal Hiring 
Process Improvement Act will require agencies to abandon their stale 
recruitment and hiring processes and develop streamlined hiring 
practices that attract high-quality candidates. The future of the 
Federal workforce is depending on it.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 736

       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 ``Federal Hiring Process 
     Improvement Act of 2009''.

     SEC. 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.

     SEC. 3. STRATEGIC WORKFORCE PLAN.

       (a) In General.--

[[Page S3992]]

       (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 Chief Human 
     Capital Officers Council, 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; and
       (D) streamlining the hiring process to conform with the 
     provisions in this Act.
       (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 
     2009.''.
       (b) Hiring Projections.--Agencies shall make hiring 
     projections made under strategic workforce plans available to 
     the public.
       (c) Submission to the Office of Personnel Management.--Each 
     agency strategic workforce plan shall be submitted to the 
     Office of Personnel Management.

     SEC. 4. FEDERAL JOB VACANCY ANNOUNCEMENTS.

       (a) Targeted Announcements.--In consultation with the Chief 
     Human Capital Officers Council, the head of each agency 
     shall--
       (1) take steps necessary to target highly qualified 
     applicant pools with diverse backgrounds before posting job 
     announcements;
       (2) clearly and prominently display job announcements in 
     strategic locations convenient to such targeted applicant 
     pools; and
       (3) seek to develop relationships with targeted applicant 
     pools to develop regular pipelines for high-quality 
     applicants.
       (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'' means writing that the intended audience can 
     readily understand and use because that writing is clear, 
     concise, well-organized, and follows other best practices of 
     plain writing.
       (2) Requirement.--Not later than 180 days after the date of 
     enactment of this Act, all Federal job announcements for 
     competitive positions shall be written in plain writing.

     SEC. 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 
     Chief Human Capital Officers Council, the head of each agency 
     shall develop processes to--
       (1) ensure that vacancy announcements are open for a 
     reasonable period of time as determined by the head of the 
     agency to allow targeted, highly qualified applicants from 
     diverse backgrounds time to submit an application;
       (2) ensure that vacancy announcements include contact 
     information for applicants who seek further information about 
     the announcement;
       (3) review and revise the hiring process of the agency to 
     create a streamlined and timely system for hiring decisions;
       (4) 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 
     application;
       (5) allow applicants to submit application materials in a 
     variety of formats, including word processing documents and 
     portable document format;
       (6) 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;
       (7) not require lengthy writing requirements such as 
     knowledge, skills, and ability essays as part of an initial 
     application;
       (8) 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 application process;
       (9) ensure that applicants are given a reasonable amount of 
     time after the closing date of the job announcement to 
     provide additional necessary information; and
       (10) include the hiring manager in all parts of the 
     application process, including--
       (A) targeted recruitment;
       (B) drafting the job announcement;
       (C) review of the initial applications;
       (D) interviewing the applicants; and
       (E) the final decisionmaking process.
       (b) Notification Requirements.--
       (1) In general.--In consultation with the Chief Human 
     Capital Officers Council, the head of each agency shall 
     develop mechanisms under which each applicant for a Federal 
     job vacancy shall receive timely notification of the status 
     of their applications or provide the applicant the ability to 
     check on the status of their applications.
       (2) Contents of notification.--A notification to an 
     applicant under this subsection shall include--
       (A) notice of receipt of an application not later than 5 
     business days after the application was received by the 
     employing agency;
       (B) an explanation of the hiring process and an estimated 
     timeline of the next actions in the process;
       (C) notice the qualification and status of an applicant 
     after all applications for the applicable position have been 
     initially reviewed and ranked;
       (D) notice of the qualifications and status of the 
     applicant after all interviews for the applicable position 
     are completed;
       (E) for all applicants selected for an interview, notice of 
     the ongoing process if selected, including the process for 
     any needed security clearance or suitability review, not 
     later than the date of the interview; and
       (F) notice to nonaccepted applicants that the applicable 
     position is not open not later than 10 business days after 
     the date on which--
       (i) the selected candidate has accepted an offer of 
     employment; or
       (ii) the job announcement has been cancelled.

     SEC. 6. APPLICANT INVENTORY.

       (a) In General.--Section 3330 of title 5, United States 
     Code, is amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (2) by inserting after subsection (d) the following:
       ``(e)(1) The Office of Personnel Management shall establish 
     and keep current a comprehensive inventory of individuals 
     seeking employment in the Federal Government.
       ``(2) The inventory under this subsection shall--
       ``(A) be made available to agencies for use in filling 
     vacancies;
       ``(B) contain information voluntarily provided by 
     applicants for employment, including--
       ``(i) the resume and contact information provided by the 
     applicant; and
       ``(ii) any other information which the Office considers 
     appropriate;
       ``(C) retain information for no longer than 1 calendar 
     year;
       ``(D) not include information relating to--
       ``(i) the application of the applicant for a specific 
     vacancy announcement; or
       ``(ii) any other information relating to vacancy 
     announcements; and
       ``(E) shall provide for a mechanism to allow--
       ``(i) applicants to update resume contact information; and
       ``(ii) agency officials to search information in the 
     inventory by agency and job classification.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect 180 days after the date of enactment of 
     this Act.

     SEC. 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.

     SEC. 8. REDUCTION IN THE LENGTH OF THE HIRING PROCESS.

       (a) Agency Plans.--In consultation with the Chief Human 
     Capital Officers Council, the head of each agency shall 
     develop a plan to reduce the length of the hiring process.
       (b) Requirements.--To the extent practical, the plan shall 
     require that each agency 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 period of time required to fill each vacancy, 
     and whether vacancies are cancelled or reopened.

     SEC. 9. MEASURES OF FEDERAL HIRING EFFECTIVENESS.

       (a) In General.--Each agency shall measure and collect 
     information on indicators of hiring effectiveness with 
     respect to the following:
       (1) Recruiting and hiring.--
       (A) Ability to reach and recruit well-qualified talent from 
     diverse talent pools.
       (B) Use and impact of special hiring authorities and 
     flexibilities to recruit most qualified applicants.
       (C) Use and impact of special hiring authorities and 
     flexibilities to recruit diverse candidates, including 
     veteran, minority, and disabled candidates.
       (D) The 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.
       (2) Hiring manager assessment.--
       (A) Manager satisfaction with the quality of 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.

[[Page S3993]]

       (3) Applicant assessment.--Applicant satisfaction with the 
     hiring process (including clarity of job announcement, 
     reasons for withdrawal of application should that apply, 
     user-friendliness of the application process, communication 
     regarding status of application, and timeliness of hiring 
     decision).
       (4) New hire assessment.--
       (A) New hire satisfaction with the hiring process 
     (including clarity of job announcement, user-friendliness of 
     the application process, communication regarding status of 
     application, and timeliness of hiring decision).
       (B) Satisfaction with the onboarding experience (including 
     timeliness of onboarding after the hiring decision, welcoming 
     and orientation processes, and 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.
       (E) Other indicators and measures as required by the Office 
     of Personnel Management.
       (b) Reports.--
       (1) In general.--Each agency shall submit an annual report 
     of 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 under subsection (c)(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 website of the Office.
       (c) Regulations.--Not later than 180 days of the date of 
     enactment of this Act, the Office of Personnel Management 
     shall prescribe regulations directing the methodology, 
     timing, and reporting of the data described in subsection 
     (a).

     SEC. 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.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary for the Office of Personnel Management to carry out 
     this Act for fiscal year 2009 and for each subsequent fiscal 
     year.

  Mr. VOINOVICH. Mr. President, I am pleased to join my good friend and 
partner in Federal workforce issues, Senator Daniel K. Akaka, to 
introduce the Federal Hiring Process Improvement Act of 2009.
  When we discuss hiring, we discuss a process that affects every 
individual employed by the government today. Making the right hiring 
decisions affects the current workforce's ability to continue doing 
their jobs. It also is the same process these employees must go through 
when pursuing new opportunities within the Government, including 
promotions.
  Additionally, we need to convey to the thousands of men and women at 
all stages of their career that the Federal Government is more than 
just an employer, but a place where Americans can utilize and grow 
their skills in service to their Nation.
  As the old cliche goes, ``You never get a second chance to make a 
first impression.'' We need to convey to these Americans that the 
Federal Government wants them. If we do not, someone else will.
  The Baby Boomers are retiring at a time when needs and demands on 
Government continue to grow. The Office of Personnel Management has 
identified certain areas of critical hiring importance: air traffic 
controllers, border patrol officers, engineers, food inspectors, human 
resources specialists, nurses, visa examiners, patent examiners, 
scientists, veterinarians, accountants, and acquisition professionals. 
In addition, the Partnership for Public Service has estimated the 
Federal Government will lose approximately 530,000 employees over the 
next 5 years, including many mission critical jobs.
  We know the challenges confronting the Federal Government. Now we 
must make sure our processes result in hiring the right person, at the 
right place, at the right time, to get the job done.
  Over and over, we hear of the problems in the Federal hiring process. 
It takes too long; it is too burdensome, and so forth. The quality of 
technology has improved, but our processes have not. This does nothing 
to dispel any preconceived notions that the Federal Government is 
nothing but a bureaucratic system.
  Accordingly, Senator Akaka and I are introducing legislation to 
streamline the hiring process. The Federal Hiring Process Improvement 
Act brings together commonsense solutions to a government-wide 
management challenge. Our legislation would require job announcements 
to be written in plain language; guarantee agencies provide feedback to 
applicants at a minimum of four key points during the process; and 
ensure individual hiring decisions are made within 80 days or less. In 
addition, our legislation would require agencies to improve their 
workforce planning and make hiring projections available to the public.
  Too often, we have heard that processes exist for what I believe to 
be unacceptable reasons, such as, that is how it always has been done. 
But to be an employer of choice, the government must understand what 
the competition is doing and adapt to the changing environment. This 
legislation is an important first step in meeting that goal.
                                 ______