[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.
____________________