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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1628 Introduced in Senate (IS)]

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.

    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 Web sites.
    (c) Submission to the Office of Personnel Management.--Each agency 
strategic workforce plan shall be submitted to the Office of Personnel 
Management.
    (d) Governmentwide Strategic Workforce Plan.--Based on the agency 
plans submitted under subsection (a), the Office of Personnel 
Management shall--
            (1) develop a governmentwide strategic workforce plan 
        updated at least annually to include the contents described 
        under subsection (a)(1) on a governmentwide basis; and
            (2) make such plan available to the President, Congress, 
        and the public.

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 
        one or more of the individuals certified is made to, and 
        sustained by, the Office of Personnel Management or the 
        relevant agency for proper and adequate reason.
            ``(2) Other appointing authorities.--Not later than 240 
        days after the date of issuance of a certificate under 
        subsection (a), other appointing authorities may select from 
        that certificate for similar positions in the same occupational 
        series and at the same grade level without any additional 
        posting under section 3327.
    ``(c) Preference Eligibles.--
            ``(1) Pass overs.--
                    ``(A) In general.--If an appointing authority 
                proposes to pass over a preference eligible on a 
                certificate in order to select an individual who is not 
                a preference eligible, that appointing authority shall 
                submit a statement of reasons to the Office of 
                Personnel Management for passing over the preference 
                eligible.
                    ``(B) Reasons for pass overs.--
                            ``(i) Record.--The Office shall make the 
                        reasons submitted by the appointing authority 
                        part of the record of the preference eligible 
                        and may require the submission of more detailed 
                        information from the appointing authority in 
                        support of the passing over of the preference 
                        eligible.
                            ``(ii) Review.--The Office shall--
                                    ``(I) review the reasons submitted 
                                by the appointing authority; and
                                    ``(II) determine the sufficiency or 
                                insufficiency of the reasons, taking 
                                into account any response received by 
                                the Office from the preference eligible 
                                based on the reasons made available 
                                under or paragraph (3).
                    ``(C) Findings.--After the Office has completed the 
                review under subparagraph (B) of the proposed pass 
                over, the Office shall send its findings to the 
                appointing authority and to the preference eligible. 
                The appointing authority shall comply with the findings 
                of the Office.
            ``(2) Preference eligibles.--In the case of a preference 
        eligible not described under paragraph (3)(A), upon the request 
        of that preference eligible (or the representative of that 
        preference eligible) the Office of Personnel Management shall 
        provide a copy of--
                    ``(A) the reasons for the proposed pass over 
                submitted by the appointing authority under paragraph 
                (1)(A); and
                    ``(B) the findings of the Office under paragraph 
                (1)(C).
            ``(3) Preference eligibles with certain disabilities.--
                    ``(A) Notifications.--In the case of a preference 
                eligible described under section 2108(3)(C) who has a 
                compensable service-connected disability of 30 percent 
                or more, the appointing authority shall provide 
                notification to the preference eligible of--
                            ``(i) the proposed pass over;
                            ``(ii) the reasons for the proposed pass 
                        over; and
                            ``(iii) the right of the preference 
                        eligible to respond to those reasons to the 
                        Office of Personnel Management or the relevant 
                        agency not later than 15 days after the date of 
                        the receipt of the notification.
                    ``(B) Timing of notifications.--The appointing 
                authority shall provide notification to the preference 
                eligible under subparagraph (A) at the same time the 
                appointing authority provides notification to the 
                Office of Personnel Management under paragraph (1).
                    ``(C) Demonstration of notifications.--Before 
                completing the review under paragraph (1) with respect 
                to a preference eligible described under section 
                2108(3)(C) who has a compensable service-connected 
                disability of 30 percent or more, the Office shall 
                require a demonstration by the appointing authority 
                that a timely notification under subparagraph (A) was 
                sent to the last known address of the preference 
                eligible.
            ``(4) Nondelegation of functions.--In the case of a 
        preference eligible described under paragraph (3), the 
        functions of the Office of Personnel Management under this 
        subsection may not be delegated.
    ``(d) Reemployment.--If the names of preference eligibles are on a 
reemployment list appropriate for the position to be filled, a 
nominating or appointing authority may appoint from a register of 
eligibles established after examination only an individual who 
qualifies as a preference eligible under section 2108(3) (C) through 
(G).
    ``(e) Regulations.--The Office of Personnel Management shall 
prescribe regulations to carry out this section, including regulations 
for the establishment of mechanisms, such as advanced determination of 
score, for identifying the eligibles who will be considered for 
appointment.''.
            (2) Competitive service; selection from certificates.--
                    (A) Repeal.--Section 3318 of title 5, United States 
                Code, is repealed.
                    (B) Technical and conforming amendment.--Section 
                3304(a)(3) of title 5, United States Code, is amended 
                by striking ``3318'' and inserting ``3317''.
            (3) Competitive service; selection using category rating.--
        Section 3319 of title 5, United States Code, is amended--
                    (A) by striking the section heading and inserting 
                the following:
``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 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 Web site of the Office not 
                later than 90 days after the submission of the 
                information under paragraph (1).
    (c) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Director of the Office of Personnel 
Management shall prescribe regulations directing the methodology, 
timing, and reporting of the data described in subsection (a).

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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