[Congressional Record Volume 157, Number 143 (Friday, September 23, 2011)]
[Senate]
[Pages S5947-S5950]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Mr. Carper, Mr. Cardin, and Mr. 
        Coons):
  S. 1628. 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, along with Senators Carper, Cardin, 
and Coons, I am introducing the Federal Hiring Process Improvement Act 
of 2011. This bill will help agencies fix the broken recruitment and 
hiring process in the Federal Government. I am pleased that 
Representative Sarbanes is also introducing a companion bill in the 
House today and I thank him for his work and his commitment to the 
Federal workforce.
  Every day, talented people interested in working for their government 
are turned away from Federal service because of the frustrating and 
antiquated hiring process. Too many Federal agencies have built 
barriers for new workers, done too little to recruit the right 
candidates, and invented an evaluation process that discourages 
qualified candidates.
  In the past, many agencies have tried to find exceptions to the 
competitive hiring process, rather than making sure the competitive 
process works. The competitive hiring process should be our most 
effective tool to ensure that the Federal workforce is composed of the 
most qualified and able individuals, who are appointed through a fair 
and open process that is free from political interference. As agencies 
face budget reductions and restricted hiring, it is critical that they 
are able to attract top-notch candidates who are up to the challenge of 
meeting agency missions with limited resources. We must strengthen the 
competitive hiring process so that agencies do not look for ways to 
avoid it.
  As Chairman of the Subcommittee on Oversight of Government 
Management, the Federal Workforce, and the District of Columbia, I have 
held multiple hearings on the hiring process and worked closely with 
the administration on its reform efforts. While the administration has 
been making some good progress, we still hear stories of talented 
individuals who seek employment with the Federal Government, only to 
grow frustrated with the archaic hiring process and find work 
elsewhere.
  Applying for a job in the Federal Government should be accessible and 
straightforward. Agencies still require too much information upfront 
from candidates instead of an approach that requires more information 
as the employee moves through the process. The Federal Hiring Process 
Improvement Act will require agencies to streamline their hiring 
practices. Agencies will be required to stop using the dreaded 
``knowledge, skills, and ability'' essays and accept resumes and cover 
letters, as is standard in the private sector. Additionally, the bill 
requires job postings to be written in plain writing, so that 
candidates can readily understand what the job is and how to apply, and 
candidates would be notified of their status at key points in the 
process. Agencies will have to speed their hiring processes to average 
no more than 80 days.
  Agencies need to continuously reassess their needs and strategies in 
order to maximize their recruitment and hiring efforts. This bill 
requires agencies to develop strategic workforce plans that include 
hiring projections and identify critical skills gaps. It also requires 
agencies to measure the effectiveness of hiring efforts and reforms.
  The Federal Government is the largest employer in the United States, 
and Federal service is a noble profession. Within the next 5 years, the 
Federal Government is expected to face one of the largest retirement 
waves in the Nation's history, making the development of a new 
generation of workers even more vital. Agency leadership must make 
reforming the recruitment and hiring process a top priority. I urge my 
colleagues to support this important bill.

[[Page S5948]]

  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1628

       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 2011''.

     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.--
       (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 websites.
       (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.

     SEC. 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.

     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 
     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 decisionmaking 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.

     SEC. 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:

     ``Sec. 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 1 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 passover, 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.

[[Page S5949]]

       ``(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:

     ``Sec. 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:

     ``Sec. 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.]''.

     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.--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.

     SEC. 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

[[Page S5950]]

     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) any mission-critical deficiency 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) 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) communication regarding status of application; and
       (iv) the 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 website 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).

     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.

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