I 
112TH CONGRESS 
1ST SESSION H. R. 3064 
To provide for improvements in the Federal hiring process, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 23, 2011 
Mr. SARBANES (for himself, Mr. MORAN, Mr. CONNOLLY of Virginia, Mrs. 
MALONEY, Mr. LEWIS of Georgia, and Ms. RICHARDSON) introduced the 
following bill; which was referred to the Committee on Oversight and 
Government Reform 
A BILL 
To provide for improvements in the Federal hiring process, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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’’— 
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(1) means an Executive agency as defined 
under section 105 of title 5, United States Code; 
and 
(2) shall not include the Government Account-
ability 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 Manage-
ment 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 con-
form with the provisions in this Act; and 
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(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 em-
ployees who are not Federal employees and are 
doing the work of the Government. 
(2) INCLUSION IN PERFORMANCE PLAN.—Sec-
tion 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 pe-
riod and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(7) include the strategic workforce plan devel-
oped under section 3 of the Federal Hiring Process 
Improvement Act of 2011.’’. 
(b) HIRING PROJECTIONS.—Agencies shall make hir-
ing 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. 
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(d) GOVERNMENTWIDE
STRATEGIC
WORKFORCE 
PLAN.—Based on the agency plans submitted under sub-
section (a), the Office of Personnel Management shall— 
(1) develop a governmentwide strategic work-
force plan updated at least annually to include the 
contents described under subsection (a)(1) on a gov-
ernmentwide basis; and 
(2) make such plan available to the President, 
Congress, and the public. 
SEC. 4. FEDERAL ANNOUNCEMENTS OF VACANT POSI-
TIONS. 
(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 quali-
fied 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 require-
ments of subsection (a) shall not supersede public notice 
requirements. 
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(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 announce-
ments 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 va-
cant positions shall include contact information for appli-
cants to seek further information. 
SEC. 5. APPLICATION PROCESS AND NOTIFICATION RE-
QUIREMENTS. 
(a) APPLICATION PROCESS.—Not later than 180 
days after the date of enactment of this Act and in con-
sultation 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 an-
nouncements of vacant positions are open for a rea-
sonable period of time as determined by the head of 
the agency to allow applicants from diverse back-
grounds time to submit an application; 
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(2) allow applicants to submit a cover letter, re-
sume, and answers to brief questions, such as ques-
tions relating to United States citizenship and vet-
erans 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 mate-
rials in a variety of formats, including word proc-
essing documents and portable document format; 
(5) not require any applicant to provide a So-
cial Security number or any other personal identi-
fying information unnecessary for the initial review 
of an applicant for a position; 
(6) not require the submission of additional ma-
terial in support of an application, such as edu-
cational transcript, proof of veterans status, and 
professional certifications, unless necessary to com-
plete the hiring process; 
(7) provide for a valid, position-related assess-
ment 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 reason-
able amount of time after the closing date of the an-
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nouncement of a vacant position to provide addi-
tional 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 va-
cant position; 
(C) review of the initial applications; 
(D) interviewing the applicants; and 
(E) the final decision making 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 em-
ploying agency; 
(B) determination of the qualification of 
the applicant for the position; 
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(C) referral to the selecting official, or 
when a decision is made not to refer the appli-
cant; and 
(D) selection of an applicant. 
(3) APPLICANTS NOT SELECTED.—The agency 
shall notify any applicant who is not offered employ-
ment 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 posi-
tion has been cancelled. 
SEC. 6. AGENCY HIRING PROCEDURES. 
(a) ELIMINATION OF THE RULE OF THREE; MUL-
TIPLE 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: 
‘‘§ 3317. Competitive service; certification and selec-
tion using numerical ratings 
‘‘(a) CERTIFICATIONS.—The Office of Personnel 
Management, or an agency to which the Office has dele-
gated examining authority under section 1104(a)(2), shall 
certify a sufficient number of names from the top of the 
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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 avail-
able 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 rel-
evant 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 au-
thorities 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 au-
thority proposes to pass over a preference eligi-
ble on a certificate in order to select an indi-
vidual who is not a preference eligible, that ap-
pointing authority shall submit a statement of 
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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 pref-
erence eligible and may require the submis-
sion 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. 
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‘‘(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 para-
graph (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-con-
nected disability of 30 percent or more, the ap-
pointing 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 eligi-
ble to respond to those reasons to the Of-
fice of Personnel Management or the rel-
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evant agency not later than 15 days after 
the date of the receipt of the notification. 
‘‘(B) TIMING OF NOTIFICATIONS.—The ap-
pointing authority shall provide notification to 
the preference eligible under subparagraph (A) 
at the same time the appointing authority pro-
vides notification to the Office of Personnel 
Management under paragraph (1). 
‘‘(C) 
DEMONSTRATION
OF
NOTIFICA-
TIONS.—Before completing the review under 
paragraph (1) with respect to a preference eligi-
ble described under section 2108(3)(C) who has 
a compensable service-connected disability of 30 
percent or more, the Office shall require a dem-
onstration 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 para-
graph (3), the functions of the Office of Personnel 
Management under this subsection may not be dele-
gated. 
‘‘(d) REEMPLOYMENT.—If the names of preference 
eligibles are on a reemployment list appropriate for the 
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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 pref-
erence eligible under section 2108(3)(C) through (G). 
‘‘(e) REGULATIONS.—The Office of Personnel Man-
agement shall prescribe regulations to carry out this sec-
tion, including regulations for the establishment of mecha-
nisms, such as advanced determination of score, for identi-
fying the eligibles who will be considered for appoint-
ment.’’. 
(2) COMPETITIVE SERVICE; SELECTION FROM 
CERTIFICATES.— 
(A) REPEAL.—Section 3318 of title 5, 
United States Code, is repealed. 
(B) TECHNICAL AND CONFORMING AMEND-
MENT.—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 in-
serting the following: 
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‘‘§ 3319. Competitive service; selection using category 
rating’’; 
(B) in subsection (c)(2) by striking ‘‘sec-
tion 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 certifi-
cate under this section is issued, other appointing authori-
ties 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 addi-
tional 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 strik-
ing ‘‘sections 3308–3318’’ and inserting ‘‘sections 
3308 through 3319’’. 
(b) REPORTING AND POSTING EMPLOYMENT OPPOR-
TUNITIES.— 
(1) GOVERNMENTWIDE LIST OF VACANT POSI-
TIONS.—Section 3330 of title 5, United States Code, 
is repealed. 
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(2) CIVIL SERVICE POSITIONS LIST.—Chapter 
33 of title 5, United States Code, is amended by 
striking section 3327 and inserting the following: 
‘‘§ 3327. Civil service positions list 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘agency’— 
‘‘(A) means an Executive agency as de-
fined under section 105; and 
‘‘(B) includes the Government Printing Of-
fice; and 
‘‘(2) the term ‘covered position’ means a posi-
tion— 
‘‘(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 reg-
ulations 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.— 
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‘‘(1) ESTABLISHMENT
AND
MAINTENANCE.— 
The Office of Personnel Management shall establish 
and maintain a comprehensive list of vacant posi-
tions 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 posi-
tion, including the title, expected duration, 
location, and rate of pay of the position; 
‘‘(ii) the period during which applica-
tions will be accepted; 
‘‘(iii) application procedures, including 
who may apply, and procedures for obtain-
ing additional information; 
‘‘(iv) the conditions under which ap-
plicants 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.— 
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‘‘(1) CHARGING.—The Office of Personnel 
Management may charge fees to agencies for serv-
ices provided under this section and for related Fed-
eral 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 Man-
agement shall prescribe regulations to carry out this sec-
tion.’’. 
(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. 
‘‘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 competi-
tive service. 
‘‘ø3330. Repealed.¿’’. 
SEC. 7. TRAINING. 
Not later than 120 days after the date of enactment 
of this Act— 
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(1) in consultation with the Chief Human Cap-
ital Officers Council, the Office of Personnel Man-
agement shall develop and notify agencies of a train-
ing 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 imple-
ment the training program. 
SEC. 8. REDUCTION IN THE LENGTH OF THE HIRING PROC-
ESS. 
(a) AGENCY PLANS.—Unless the Office of Personnel 
Management certifies an agency already has a plan in ef-
fect, 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 accord-
ance 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 aver-
age 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 can-
celled or reopened. 
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SEC. 9. MEASURES OF FEDERAL HIRING EFFECTIVENESS. 
(a) IN GENERAL.—Each agency shall measure and 
collect information on indicators of hiring effectiveness re-
lating 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 author-
ity and flexibility to recruit most qualified ap-
plicants, including the use of student intern-
ships and scholarship programs as a talent pool 
for permanent hires; 
(C) use and impact of special hiring au-
thorities and flexibilities to recruit diverse can-
didates, including veteran, minority, and dis-
abled candidates; 
(D) age, educational level, and source of 
applicants; 
(E) length of time between the time a posi-
tion 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 appli-
cants for Federal positions; 
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(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 posi-
tions; 
(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) mission-critical deficiencies closed by 
new hires and the connection between mission- 
critical deficiencies and annual agency perform-
ance; and 
(E) manager satisfaction with the length of 
time to fill a position; 
(3) applicant satisfaction with the hiring proc-
ess, including— 
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(A) the clarity of the announcement of the 
vacant position; 
(B) the reasons for withdrawal of any ap-
plication; 
(C) the user-friendliness of the application 
process; 
(D) the 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 appli-
cation process; 
(iii) the communication regarding sta-
tus of application; and 
(iv) timeliness of hiring decision; 
(B) satisfaction with the onboarding expe-
rience, including— 
(i) the timeliness of onboarding after 
the hiring decision; 
(ii) the welcoming and orientation 
processes; and 
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(iii) being provided with timely and 
useful new employee information and as-
sistance; 
(C) new hire attrition; 
(D) investment in training and develop-
ment for employees during their first year of 
employment; and 
(E) other indicators and measures as re-
quired 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 col-
lected under subsection (a) to the Office of Per-
sonnel 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 experi-
ence across demographic groups and agencies to— 
(A) Congress before that information is 
made publicly available; and 
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(B) the public on the Web site of the Of-
fice 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 Of-
fice 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 Man-
agement 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. 
Æ 
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