II 

112TH CONGRESS 

1ST SESSION S. 1628 

To provide for improvements in the Federal hiring process, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 23, 2011 

Mr. AKAKA (for himself, Mr. CARPER, Mr. CARDIN, and Mr. COONS) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To provide for improvements in the Federal hiring process, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Hiring Process 

5 Improvement Act of 2011’’. 

6 SEC. 2. DEFINITION. 

7 In this Act, the term ‘‘agency’’— 

8 (1) means an Executive agency as defined 

9 under section 105 of title 5, United States Code; 

10 and 


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1 (2) shall not include the Government Account2 ability Office. 

3 SEC. 3. STRATEGIC WORKFORCE PLAN. 

4 (a) IN GENERAL.— 

5 (1) DEVELOPMENT OF PLAN.—Not later than 

6 180 days after the date of enactment of this Act and 

7 in every subsequent year, the head of each agency, 

8 in consultation with the Office of Personnel Manage9 ment and the Office of Management and Budget, 

10 shall develop a strategic workforce plan as part of 

11 the agency performance plan required under section 

12 1115 of title 31, United States Code, to include— 

13 (A) hiring projections, including occupation 

14 and grade level; 

15 (B) long-term and short-term strategic 

16 human capital planning to address critical skills 

17 deficiencies; 

18 (C) recruitment strategies to attract highly 

19 qualified candidates from diverse backgrounds; 

20 (D) streamlining the hiring process to con21 form with the provisions in this Act; and 

22 (E) a specific analysis of the contractor 

23 workforce, whether the balance between work 

24 being performed by the Federal workforce and 

25 the contractor workforce should be adjusted, 


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1 and the capacity of the agency to manage em2 ployees who are not Federal employees and are 

3 doing the work of the Government. 

4 (2) INCLUSION IN PERFORMANCE PLAN.—Sec5 tion 1115(a) of title 31, United States Code, is 

6 amended— 

7 (A) in paragraph (5), by striking ‘‘and’’ 

8 after the semicolon; 

9 (B) in paragraph (6), by striking the pe10 riod and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(7) include the strategic workforce plan devel13 oped under section 3 of the Federal Hiring Process 

14 Improvement Act of 2011.’’. 

15 (b) HIRING PROJECTIONS.—Agencies shall make hir16 ing projections made under strategic workforce plans 

17 available to the public, including on agency Web sites. 

18 (c) SUBMISSION TO THE OFFICE OF PERSONNEL

19 MANAGEMENT.—Each agency strategic workforce plan 

20 shall be submitted to the Office of Personnel Management. 

21 (d) GOVERNMENTWIDE STRATEGIC WORKFORCE

22 PLAN.—Based on the agency plans submitted under sub23 section (a), the Office of Personnel Management shall— 

24 (1) develop a governmentwide strategic work25 force plan updated at least annually to include the 


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1 contents described under subsection (a)(1) on a gov2 ernmentwide basis; and 

3 (2) make such plan available to the President, 

4 Congress, and the public. 

5 SEC. 4. FEDERAL ANNOUNCEMENTS OF VACANT POSI6 TIONS. 

7 (a) TARGETED ANNOUNCEMENTS.—In consultation 

8 with the Chief Human Capital Officers Council, the head 

9 of each agency shall— 

10 (1) take steps necessary to identify highly quali11 fied applicant pools with diverse backgrounds before 

12 posting announcements of vacant positions; 

13 (2) seek to develop relationships with targeted 

14 and diverse applicant pools to encourage applications 

15 for high-quality applicants; and 

16 (3) post announcements of vacant positions for 

17 a reasonable period of time. 

18 (b) PUBLIC NOTICE REQUIREMENTS.—The require19 ments of subsection (a) shall not supersede public notice 

20 requirements. 

21 (c) PLAIN WRITING REQUIREMENT.— 

22 (1) DEFINITION.—In this subsection, the term 

23 ‘‘plain writing’’ has the meaning given under section 

24 3 of the Plain Writing Act of 2010 (5 U.S.C. 301 

25 note). 


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1 (2) REQUIREMENT.—All Federal announce2 ments of vacant positions for competitive positions 

3 shall be written in plain writing in accordance with 

4 the Plain Writing Act of 2010 (5 U.S.C. 301 note). 

5 (d) CONTACT INFORMATION.—Announcements of va6 cant positions shall include contact information for appli7 cants to seek further information. 

8 SEC. 5. APPLICATION PROCESS AND NOTIFICATION RE9 QUIREMENTS. 

10 (a) APPLICATION PROCESS.—Not later than 180 

11 days after the date of enactment of this Act and in con12 sultation with the Office of Personnel Management and 

13 the Office of Management and Budget, the head of each 

14 agency shall ensure that processes are implemented to— 

15 (1) ensure that positions that are on the an16 nouncements of vacant positions are open for a rea17 sonable period of time as determined by the head of 

18 the agency to allow applicants from diverse back19 grounds time to submit an application; 

20 (2) allow applicants to submit a cover letter, re21 sume, and answers to brief questions, such as ques22 tions relating to United States citizenship and vet23 erans status, to complete an initial application; 


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1 (3) not require lengthy writing requirements 

2 such as knowledge, skills, and ability essays as part 

3 of an initial application; 

4 (4) allow applicants to submit application mate5 rials in a variety of formats, including word proc6 essing documents and portable document format; 

7 (5) not require any applicant to provide a So8 cial Security number or any other personal identi9 fying information unnecessary for the initial review 

10 of an applicant for a position; 

11 (6) not require the submission of additional ma12 terial in support of an application, such as edu13 cational transcript, proof of veterans status, and 

14 professional certifications, unless necessary to com15 plete the hiring process; 

16 (7) provide for a valid, position-related assess17 ment process to help identify the best candidates for 

18 the position to be filled and which does not place an 

19 unreasonable burden upon applicants; 

20 (8) ensure that applicants are given a reason21 able amount of time after the closing date of the an22 nouncement of a vacant position to provide addi23 tional necessary information; and 

24 (9) include the hiring manager in all parts of 

25 the hiring process, including— 


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1 (A) targeted recruitment; 

2 (B) drafting the announcement of the va3 cant position; 

4 (C) review of the initial applications; 

5 (D) interviewing the applicants; and 

6 (E) the final decisionmaking process. 

7 (b) NOTIFICATION REQUIREMENTS.— 

8 (1) IN GENERAL.—In consultation with the 

9 Chief Human Capital Officers Council, the head of 

10 each agency shall ensure there are mechanisms 

11 under which each applicant for a vacant position 

12 shall receive timely notification of the status of each 

13 application or provide the applicant the ability to 

14 check on the status of each application. 

15 (2) NOTIFICATION.—A timely notification to an 

16 applicant under this subsection shall be made 

17 upon— 

18 (A) receipt of an application by the em19 ploying agency; 

20 (B) determination of the qualification of 

21 the applicant for the position; 

22 (C) referral to the selecting official, or 

23 when a decision is made not to refer the appli24 cant; and 

25 (D) selection of an applicant. 


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1 (3) APPLICANTS NOT SELECTED.—The agency 

2 shall notify any applicant who is not offered employ3 ment that the applicable position is not open, not 

4 later than 10 business days after the date on 

5 which— 

6 (A) the selected candidate has accepted an 

7 offer of employment; or 

8 (B) the announcement of the vacant posi9 tion has been cancelled. 

10 SEC. 6. AGENCY HIRING PROCEDURES. 

11 (a) ELIMINATION OF THE RULE OF THREE; MUL12 TIPLE SELECTIONS FROM ONE CERTIFICATE.— 

13 (1) IN GENERAL.—Chapter 33 of title 5, United 

14 States Code, is amended by striking section 3317 

15 and inserting the following: 

16 ‘‘§ 3317. Competitive service; certification and selec17 tion using numerical ratings 

18 ‘‘(a) CERTIFICATIONS.—The Office of Personnel 

19 Management, or an agency to which the Office has dele20 gated examining authority under section 1104(a)(2), shall 

21 certify a sufficient number of names from the top of the 

22 appropriate register or list of eligibles for an appointing 

23 authority who has requested a certificate of eligibles to 

24 consider when filling a position in the competitive service. 

25 ‘‘(b) SELECTIONS.— 


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1 ‘‘(1) IN GENERAL.—An appointing authority 

2 shall select for appointment from the eligibles avail3 able for appointment on the certificate provided 

4 under subsection (a), unless objection to one or more 

5 of the individuals certified is made to, and sustained 

6 by, the Office of Personnel Management or the rel7 evant agency for proper and adequate reason. 

8 ‘‘(2) OTHER APPOINTING AUTHORITIES.—Not 

9 later than 240 days after the date of issuance of a 

10 certificate under subsection (a), other appointing au11 thorities may select from that certificate for similar 

12 positions in the same occupational series and at the 

13 same grade level without any additional posting 

14 under section 3327. 

15 ‘‘(c) PREFERENCE ELIGIBLES.— 

16 ‘‘(1) PASS OVERS.— 

17 ‘‘(A) IN GENERAL.—If an appointing au18 thority proposes to pass over a preference eligi19 ble on a certificate in order to select an indi20 vidual who is not a preference eligible, that ap21 pointing authority shall submit a statement of 

22 reasons to the Office of Personnel Management 

23 for passing over the preference eligible. 

24 ‘‘(B) REASONS FOR PASS OVERS.— 


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1 ‘‘(i) RECORD.—The Office shall make 

2 the reasons submitted by the appointing 

3 authority part of the record of the pref4 erence eligible and may require the submis5 sion of more detailed information from the 

6 appointing authority in support of the 

7 passing over of the preference eligible. 

8 ‘‘(ii) REVIEW.—The Office shall— 

9 ‘‘(I) review the reasons submitted 

10 by the appointing authority; and 

11 ‘‘(II) determine the sufficiency or 

12 insufficiency of the reasons, taking 

13 into account any response received by 

14 the Office from the preference eligible 

15 based on the reasons made available 

16 under or paragraph (3). 

17 ‘‘(C) FINDINGS.—After the Office has 

18 completed the review under subparagraph (B) 

19 of the proposed pass over, the Office shall send 

20 its findings to the appointing authority and to 

21 the preference eligible. The appointing authority 

22 shall comply with the findings of the Office. 

23 ‘‘(2) PREFERENCE ELIGIBLES.—In the case of 

24 a preference eligible not described under paragraph 

25 (3)(A), upon the request of that preference eligible 


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1 (or the representative of that preference eligible) the 

2 Office of Personnel Management shall provide a 

3 copy of— 

4 ‘‘(A) the reasons for the proposed pass 

5 over submitted by the appointing authority 

6 under paragraph (1)(A); and 

7 ‘‘(B) the findings of the Office under para8 graph (1)(C). 

9 ‘‘(3) PREFERENCE ELIGIBLES WITH CERTAIN

10 DISABILITIES.— 

11 ‘‘(A) NOTIFICATIONS.—In the case of a 

12 preference eligible described under section 

13 2108(3)(C) who has a compensable service-con14 nected disability of 30 percent or more, the ap15 pointing authority shall provide notification to 

16 the preference eligible of— 

17 ‘‘(i) the proposed pass over; 

18 ‘‘(ii) the reasons for the proposed pass 

19 over; and 

20 ‘‘(iii) the right of the preference eligi21 ble to respond to those reasons to the Of22 fice of Personnel Management or the rel23 evant agency not later than 15 days after 

24 the date of the receipt of the notification. 


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1 ‘‘(B) TIMING OF NOTIFICATIONS.—The ap2 pointing authority shall provide notification to 

3 the preference eligible under subparagraph (A) 

4 at the same time the appointing authority pro5 vides notification to the Office of Personnel 

6 Management under paragraph (1). 

7 ‘‘(C) DEMONSTRATION OF NOTIFICA8 TIONS.—Before completing the review under 

9 paragraph (1) with respect to a preference eligi10 ble described under section 2108(3)(C) who has 

11 a compensable service-connected disability of 30 

12 percent or more, the Office shall require a dem13 onstration by the appointing authority that a 

14 timely notification under subparagraph (A) was 

15 sent to the last known address of the preference 

16 eligible. 

17 ‘‘(4) NONDELEGATION OF FUNCTIONS.—In the 

18 case of a preference eligible described under para19 graph (3), the functions of the Office of Personnel 

20 Management under this subsection may not be dele21 gated. 

22 ‘‘(d) REEMPLOYMENT.—If the names of preference 

23 eligibles are on a reemployment list appropriate for the 

24 position to be filled, a nominating or appointing authority 

25 may appoint from a register of eligibles established after 


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1 examination only an individual who qualifies as a pref2 erence eligible under section 2108(3) (C) through (G). 

3 ‘‘(e) REGULATIONS.—The Office of Personnel Man4 agement shall prescribe regulations to carry out this sec5 tion, including regulations for the establishment of mecha6 nisms, such as advanced determination of score, for identi7 fying the eligibles who will be considered for appoint8 ment.’’. 

9 (2) COMPETITIVE SERVICE; SELECTION FROM

10 CERTIFICATES.— 

11 (A) REPEAL.—Section 3318 of title 5, 

12 United States Code, is repealed. 

13 (B) TECHNICAL AND CONFORMING AMEND14 MENT.—Section 3304(a)(3) of title 5, United 

15 States Code, is amended by striking ‘‘3318’’ 

16 and inserting ‘‘3317’’. 

17 (3) COMPETITIVE SERVICE; SELECTION USING

18 CATEGORY RATING.—Section 3319 of title 5, United 

19 States Code, is amended— 

20 (A) by striking the section heading and in21 serting the following: 


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1 ‘‘§ 3319. Competitive service; selection using category 

2 rating’’; 

3 (B) in subsection (c)(2) by striking ‘‘sec4 tion 3317(b) or 3318(b)’’ and inserting ‘‘section 

5 3317(c)’’; 

6 (C) by redesignating subsections (d) and 

7 (e) as subsections (e) and (f), respectively; and 

8 (D) by inserting after subsection (c) the 

9 following: 

10 ‘‘(d) Not later than 240 days after the date a certifi11 cate under this section is issued, other appointing authori12 ties may select from that certificate for similar positions 

13 in the same occupational series and at the same grade 

14 level in accordance with subsection (c) without any addi15 tional posting under section 3327.’’. 

16 (4) EXCEPTED SERVICE; GOVERNMENT OF THE

17 DISTRICT OF COLUMBIA; SELECTION.—Section 3320 

18 of title 5, United States Code, is amended by strik19 ing ‘‘sections 3308–3318’’ and inserting ‘‘sections 

20 3308 through 3319’’. 

21 (b) REPORTING AND POSTING EMPLOYMENT OPPOR22 TUNITIES.— 

23 (1) GOVERNMENTWIDE LIST OF VACANT POSI24 TIONS.—Section 3330 of title 5, United States Code, 

25 is repealed. 


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1 (2) CIVIL SERVICE POSITIONS LIST.—Chapter 

2 33 of title 5, United States Code, is amended by 

3 striking section 3327 and inserting the following: 

4 ‘‘§ 3327. Civil service positions list 

5 ‘‘(a) DEFINITIONS.—In this section— 

6 ‘‘(1) the term ‘agency’— 

7 ‘‘(A) means an Executive agency as de8 fined under section 105; and 

9 ‘‘(B) includes the Government Printing Of10 fice; and 

11 ‘‘(2) the term ‘covered position’ means a posi12 tion— 

13 ‘‘(A) in the competitive service (other than 

14 a position established for a period not exceeding 

15 18 months); or 

16 ‘‘(B) a position in the Senior Executive 

17 Service. 

18 ‘‘(b) VACANT COVERED POSITIONS.—Subject to reg19 ulations prescribed under subsection (e), each agency shall 

20 promptly provide notification to the Office of Personnel 

21 Management of vacant covered positions in the agency for 

22 which the agency seeks applications from individuals who 

23 are not employees of that agency. 

24 ‘‘(c) LIST.— 


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1 ‘‘(1) ESTABLISHMENT AND MAINTENANCE.— 

2 The Office of Personnel Management shall establish 

3 and maintain a comprehensive list of vacant posi4 tions within each agency for which applications are 

5 currently being accepted or will soon be accepted. 

6 ‘‘(2) CONTENTS AND AVAILABILITY.—The list 

7 established and maintained under this subsection 

8 shall— 

9 ‘‘(A) include— 

10 ‘‘(i) a brief description of each posi11 tion, including the title, expected duration, 

12 location, and rate of pay of the position; 

13 ‘‘(ii) the period during which applica14 tions will be accepted; 

15 ‘‘(iii) application procedures, including 

16 who may apply, and procedures for obtain17 ing additional information; 

18 ‘‘(iv) the conditions under which ap19 plicants may be considered; and 

20 ‘‘(v) any other information the Office 

21 considers appropriate; and 

22 ‘‘(B) be made available to the public, in 

23 such form as the Office requires in regulations 

24 prescribed under subsection (e). 

25 ‘‘(d) FEES.— 


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1 ‘‘(1) CHARGING.—The Office of Personnel 

2 Management may charge fees to agencies for serv3 ices provided under this section and for related Fed4 eral employment information. 

5 ‘‘(2) RETAINING AND USE.—The Office shall 

6 retain fees collected under this subsection to pay the 

7 costs of providing the services and information. 

8 ‘‘(e) REGULATIONS.—The Office of Personnel Man9 agement shall prescribe regulations to carry out this sec10 tion.’’. 

11 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

12 The table of sections for chapter 33 of title 5, United 

13 States Code, is amended by striking the items relating to 

14 sections 3317 through 3330 and inserting the following: 

‘‘3317. Competitive service; certification and selection using numerical ratings. 

‘‘ø3318. Repealed.¿ 

‘‘3319. Competitive service; selection using category rating. 

‘‘3320. Excepted service; government of the District of Columbia; selection. 

‘‘3321. Competitive service; probationary period. 

‘‘ø3322. 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. 

‘‘ø3330. Repealed.¿’’. 

15 SEC. 7. TRAINING. 

16 Not later than 120 days after the date of enactment 

17 of this Act— 


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1 (1) in consultation with the Chief Human Cap2 ital Officers Council, the Office of Personnel Man3 agement shall develop and notify agencies of a train4 ing program for human resources professionals to 

5 implement the requirements of this Act; and 

6 (2) each agency shall develop and submit to the 

7 Office of Personnel Management a plan to imple8 ment the training program. 

9 SEC. 8. REDUCTION IN THE LENGTH OF THE HIRING PROC10 ESS. 

11 (a) AGENCY PLANS.—Unless the Office of Personnel 

12 Management certifies an agency already has a plan in ef13 fect, the head of each agency shall develop a plan to reduce 

14 the length of the hiring process, which shall include an 

15 analysis of the current hiring process performed in accord16 ance with standards established by the Office of Personnel 

17 Management. 

18 (b) REQUIREMENTS.—To the extent practical, each 

19 agency shall fill identified vacancies not later than an aver20 age of 80 calendar days after the date of identification 

21 of the vacancy. 

22 (c) REPORTS.—Each agency shall submit an annual 

23 report to Congress on the average period of time required 

24 to fill each position, and whether such positions are can25 celled or reopened. 


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1 SEC. 9. MEASURES OF FEDERAL HIRING EFFECTIVENESS. 

2 (a) IN GENERAL.—Each agency shall measure and 

3 collect information on indicators of hiring effectiveness re4 lating to— 

5 (1) recruiting and hiring, including the— 

6 (A) ability to reach and recruit highly 

7 qualified talent from diverse talent pools; 

8 (B) use and impact of each hiring author9 ity and flexibility to recruit most qualified ap10 plicants, including the use of student intern11 ships and scholarship programs as a talent pool 

12 for permanent hires; 

13 (C) use and impact of special hiring au14 thorities and flexibilities to recruit diverse can15 didates, including veteran, minority, and dis16 abled candidates; 

17 (D) age, educational level, and source of 

18 applicants; 

19 (E) length of time between the time a posi20 tion is advertised and the time a first offer of 

21 employment is made; 

22 (F) length of time between the time a first 

23 offer of employment for a position is made and 

24 the time a new hire starts in that position; 

25 (G) number of internal and external appli26 cants for Federal positions; 


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1 (H) number of positions filled compared to 

2 the specific number in the annual workforce 

3 plan of the agency, with specific reference to 

4 mission-critical occupations or areas of critical 

5 shortage deficiencies; and 

6 (I) number of offers accepted compared to 

7 the number of offers made for permanent posi8 tions; 

9 (2) hiring manager assessment, including— 

10 (A) manager satisfaction with the quality 

11 of the applicants interviewed and new hires; 

12 (B) manager satisfaction with the match 

13 between the skills of newly hired individuals 

14 and the needs of the agency; 

15 (C) manager satisfaction with the hiring 

16 process and hiring outcomes; 

17 (D) any mission-critical deficiency closed 

18 by new hires and the connection between mis19 sion-critical deficiencies and annual agency per20 formance; and 

21 (E) manager satisfaction with the length of 

22 time to fill a position; 

23 (3) applicant satisfaction with the hiring proc24 ess, including— 


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1 (A) the clarity of the announcement of the 

2 vacant position; 

3 (B) the reasons for withdrawal of any ap4 plication; 

5 (C) the user-friendliness of the application 

6 process; 

7 (D) communication regarding status of ap8 plication; and 

9 (E) the timeliness of hiring decision; and 

10 (4) new hire assessment, including— 

11 (A) new hire satisfaction with the hiring 

12 process, including— 

13 (i) the clarity of the announcement of 

14 the vacant position; 

15 (ii) the user-friendliness of the appli16 cation process; 

17 (iii) communication regarding status 

18 of application; and 

19 (iv) the timeliness of hiring decision; 

20 (B) satisfaction with the onboarding expe21 rience, including— 

22 (i) the timeliness of onboarding after 

23 the hiring decision; 

24 (ii) the welcoming and orientation 

25 processes; and 


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1 (iii) being provided with timely and 

2 useful new employee information and as3 sistance; 

4 (C) new hire attrition; 

5 (D) investment in training and develop6 ment for employees during their first year of 

7 employment; and 

8 (E) other indicators and measures as re9 quired by the Office of Personnel Management. 

10 (b) REPORTS.— 

11 (1) IN GENERAL.—Each agency shall submit on 

12 an annual basis and in accordance with regulations 

13 prescribed under subsection (c) the information col14 lected under subsection (a) to the Office of Per15 sonnel Management. 

16 (2) AVAILABILITY OF RECRUITING AND HIRING

17 INFORMATION.—Each year the Office of Personnel 

18 Management shall provide the information submitted 

19 under paragraph (1) in a consistent format to allow 

20 for a comparison of hiring effectiveness and experi21 ence across demographic groups and agencies to— 

22 (A) Congress before that information is 

23 made publicly available; and 


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1 (B) the public on the Web site of the Of2 fice not later than 90 days after the submission 

3 of the information under paragraph (1). 

4 (c) REGULATIONS.—Not later than 180 days after 

5 the date of enactment of this Act, the Director of the Of6 fice of Personnel Management shall prescribe regulations 

7 directing the methodology, timing, and reporting of the 

8 data described in subsection (a). 

9 SEC. 10. REGULATIONS. 

10 (a) IN GENERAL.—Except as provided under section 

11 9(c), not later than 120 days after the date of enactment 

12 of this Act, the Director of the Office of Personnel Man13 agement shall prescribe regulations as necessary to carry 

14 out this Act. 

15 (b) CONSULTATION.—The Director of the Office of 

16 Personnel Management shall consult the Chief Human 

17 Capital Officers Council in the development of regulations 

18 under this section. 

Æ 


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