Version	Word Count	Changes From Previous Version	Percent Change
Introduced in Senate	2,112	n/a	n/a
Reported in Senate	4,511	71	32%
Engrossed in Senate	2,397	10	55%
Referred in House	2,369	5 Show Changes Hide Changes	1%

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S 736 ESRFHCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 736CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To provide for improvements in the Federal hiring process, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Federal Hiring Process Improvement Act of 2010’.CommentsClose CommentsPermalink

SEC. 2. DEFINITION.

In this Act, the term ‘agency’--CommentsClose CommentsPermalink





(1) means an Executive agency as defined under section 105 of title 5, United States Code; andCommentsClose CommentsPermalink





(2) shall not include the Government Accountability Office.CommentsClose CommentsPermalink

SEC. 3. STRATEGIC WORKFORCE PLAN.

(a) In General-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) hiring projections, including occupation and grade level;CommentsClose CommentsPermalink





(B) long-term and short-term strategic human capital planning to address critical skills deficiencies;CommentsClose CommentsPermalink





(C) recruitment strategies to attract highly qualified candidates from diverse backgrounds;CommentsClose CommentsPermalink





(D) streamlining the hiring process to conform with the provisions in this Act; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) INCLUSION IN PERFORMANCE PLAN- Section 1115(a) of title 31, United States Code, is amended--CommentsClose CommentsPermalink





(A) in paragraph (5), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) in paragraph (6), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(7) include the strategic workforce plan developed under section 3 of the Federal Hiring Process Improvement Act of 2010.’.CommentsClose CommentsPermalink





(b) Hiring Projections- Agencies shall make hiring projections made under strategic workforce plans available to the public, including on agency websites.CommentsClose CommentsPermalink





(c) Submission to the Office of Personnel Management- Each agency strategic workforce plan shall be submitted to the Office of Personnel Management.CommentsClose CommentsPermalink





(d) Governmentwide Strategic Workforce Plan- Based on the agency plans submitted under subsection (a), the Office of Personnel Management shall--CommentsClose CommentsPermalink





(1) develop a governmentwide strategic workforce plan updated at least annually to include the contents described under subsection (a)(1) on a governmentwide basis; andCommentsClose CommentsPermalink





(2) make such plan available to the President, Congress, and the public.CommentsClose CommentsPermalink

SEC. 4. FEDERAL JOB ANNOUNCEMENTS.

(a) Targeted Announcements- In consultation with the Chief Human Capital Officers Council, the head of each agency shall--CommentsClose CommentsPermalink





(1) take steps necessary to target highly qualified applicant pools with diverse backgrounds before posting job announcements;CommentsClose CommentsPermalink





(2) clearly and prominently post job announcements in strategic locations convenient to, and accessible by, such targeted applicant pools;CommentsClose CommentsPermalink





(3) seek to develop relationships with targeted and diverse applicant pools to develop regular pipelines for high-quality applicants; andCommentsClose CommentsPermalink





(4) post job announcements for a reasonable period of time.CommentsClose CommentsPermalink





(b) Public Notice Requirements- The requirements of subsection (a) shall not supersede public notice requirements.CommentsClose CommentsPermalink





(c) Plain Writing Requirement-CommentsClose CommentsPermalink





(1) DEFINITION- In this subsection, the term ‘plain writing’ means writing that the intended audience can readily understand and use because that writing is clear, concise, well-organized, and follows other best practices of plain writing.CommentsClose CommentsPermalink





(2) REQUIREMENT- Not later than 180 days after the date of enactment of this Act, all job announcements for Federal positions shall be in plain writing in accordance with guidance provided by the Office of Management and Budget.CommentsClose CommentsPermalink





(d) Contact Information- Job announcements shall include contact information for applicants to seek further information.CommentsClose CommentsPermalink

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 develop processes to--CommentsClose CommentsPermalink





(1) ensure that job announcements 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;CommentsClose CommentsPermalink





(2) review and revise the hiring process of the agency to create a streamlined and timely system for hiring decisions;CommentsClose CommentsPermalink





(3) 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 application;CommentsClose CommentsPermalink





(4) allow applicants to submit application materials in a variety of formats, including word processing documents and portable document format;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(6) not require lengthy writing requirements such as knowledge, skills, and ability essays as part of an initial application;CommentsClose CommentsPermalink





(7) 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;CommentsClose CommentsPermalink





(8) provide for a valid, job-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;CommentsClose CommentsPermalink





(9) ensure that applicants are given a reasonable amount of time after the closing date of the job announcement to provide additional necessary information; andCommentsClose CommentsPermalink





(10) include the hiring manager in all parts of the hiring process, including--CommentsClose CommentsPermalink





(A) targeted recruitment;CommentsClose CommentsPermalink





(B) drafting the job announcement;CommentsClose CommentsPermalink





(C) review of the initial applications;CommentsClose CommentsPermalink





(D) interviewing the applicants; andCommentsClose CommentsPermalink





(E) the final decisionmaking process.CommentsClose CommentsPermalink





(b) Notification Requirements-CommentsClose CommentsPermalink





(1) IN GENERAL- In consultation with the Chief Human Capital Officers Council, the head of each agency shall develop mechanisms under which each applicant for a Federal job vacancy shall receive timely notification of the status of each application or provide the applicant the ability to check on the status of each application.CommentsClose CommentsPermalink





(2) CONTENTS OF NOTIFICATION- A notification to an applicant under this subsection shall include--CommentsClose CommentsPermalink





(A) notice of receipt of an application not later than 5 business days after the application was received by the employing agency;CommentsClose CommentsPermalink





(B) an explanation of the hiring process and an estimated timeline of the next actions in the process;CommentsClose CommentsPermalink





(C) notice of the qualification and status of an applicant after all applications for the applicable position have been initially reviewed and ranked;CommentsClose CommentsPermalink





(D) notice of the qualifications and status of the applicant after all interviews for the applicable position are completed;CommentsClose CommentsPermalink





(E) for all applicants selected for an interview, notice of the ongoing process if selected, including the process for any needed security clearance or suitability review, not later than the date of the interview; andCommentsClose CommentsPermalink





(F) notice to nonaccepted applicants that the applicable position is not open not later than 10 business days after the date on which--CommentsClose CommentsPermalink





(i) the selected candidate has accepted an offer of employment; orCommentsClose CommentsPermalink





(ii) the job announcement has been cancelled.CommentsClose CommentsPermalink

SEC. 6. APPLICANT INVENTORY.

(a) In General- Section 3330 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (d) the following:CommentsClose CommentsPermalink





‘(e)(1) The Office of Personnel Management shall establish and keep current a comprehensive inventory of individuals seeking employment in the Federal Government.CommentsClose CommentsPermalink





‘(2) The inventory under this subsection shall--CommentsClose CommentsPermalink





‘(A) be made available to agencies for use in filling vacancies;CommentsClose CommentsPermalink





‘(B) contain information voluntarily provided by applicants for employment, including--CommentsClose CommentsPermalink





‘(i) the resume and contact information provided by the applicant; andCommentsClose CommentsPermalink





‘(ii) any other information which the Office considers appropriate;CommentsClose CommentsPermalink





‘(C) retain information for no longer than 1 calendar year;CommentsClose CommentsPermalink





‘(D) not include information relating to--CommentsClose CommentsPermalink





‘(i) the application of the applicant for a specific vacancy announcement; orCommentsClose CommentsPermalink





‘(ii) any other information relating to vacancy announcements; andCommentsClose CommentsPermalink





‘(E) shall provide for a mechanism to allow--CommentsClose CommentsPermalink





‘(i) applicants to update resume, qualifications, and contact information; andCommentsClose CommentsPermalink





‘(ii) agency officials to search information in the inventory by agency and job classification.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall take effect 180 days after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 7. TRAINING.

Not later than 120 days after the date of enactment of this Act--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) each agency shall develop and submit to the Office of Personnel Management a plan to implement the training program.CommentsClose CommentsPermalink

SEC. 8. REDUCTION IN THE LENGTH OF THE HIRING PROCESS.

(a) Agency Plans- In consultation with the Office of Management and Budget, 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.CommentsClose CommentsPermalink





(b) Requirements- To the extent practical, the plan shall require that each agency fill identified vacancies not later than an average of 80 calendar days after the date of identification of the vacancy.CommentsClose CommentsPermalink





(c) Reports- Each agency shall submit an annual report to Congress on the average period of time required to fill each job, and whether such jobs are cancelled or reopened.CommentsClose CommentsPermalink

SEC. 9. MEASURES OF FEDERAL HIRING EFFECTIVENESS.

(a) In General- Each agency shall measure and collect information on indicators of hiring effectiveness with respect to the following :CommentsClose CommentsPermalink





(1) RECRUITING AND HIRING-CommentsClose CommentsPermalink





(A) Ability to reach and recruit highly qualified talent from diverse talent pools.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(C) Use and impact of special hiring authorities and flexibilities to recruit diverse candidates, including veteran, minority, and disabled candidates.CommentsClose CommentsPermalink





(D) The age, educational level, and source of applicants.CommentsClose CommentsPermalink





(E) Length of time between the time a position is advertised and the time a first offer of employment is made.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(G) Number of internal and external applicants for Federal positions.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(I) Number of offers accepted compared to the number of offers made for permanent positions.CommentsClose CommentsPermalink





(2) HIRING MANAGER ASSESSMENT-CommentsClose CommentsPermalink





(A) Manager satisfaction with the quality of the applicants interviewed and new hires.CommentsClose CommentsPermalink





(B) Manager satisfaction with the match between the skills of newly hired individuals and the needs of the agency.CommentsClose CommentsPermalink





(C) Manager satisfaction with the hiring process and hiring outcomes.CommentsClose CommentsPermalink





(D) Mission-critical deficiencies closed by new hires and the connection between mission-critical deficiencies and annual agency performance.CommentsClose CommentsPermalink





(E) Manager satisfaction with the length of time to fill a position.CommentsClose CommentsPermalink





(3) APPLICANT ASSESSMENT- Applicant satisfaction with the hiring process (including clarity of job announcement, reasons for withdrawal of any application, user-friendliness of the application process, communication regarding status of application, and timeliness of hiring decision).CommentsClose CommentsPermalink





(4) NEW HIRE ASSESSMENT-CommentsClose CommentsPermalink





(A) New hire satisfaction with the hiring process (including clarity of job announcement, user-friendliness of the application process, communication regarding status of application, and timeliness of hiring decision).CommentsClose CommentsPermalink





(B) Satisfaction with the onboarding experience (including timeliness of onboarding after the hiring decision, welcoming and orientation processes, and being provided with timely and useful new employee information and assistance).CommentsClose CommentsPermalink





(C) New hire attrition.CommentsClose CommentsPermalink





(D) Investment in training and development for employees during their first year of employment.CommentsClose CommentsPermalink





(E) Other indicators and measures as required by the Office of Personnel Management.CommentsClose CommentsPermalink





(b) Reports-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) Congress before that information is made publicly available; andCommentsClose CommentsPermalink





(B) the public on the website of the Office not later than 90 days after the submission of the information under paragraph (1).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Passed the Senate May 18, 2010.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Secretary.

111th CONGRESS

2d Session

S. 736

AN ACT

To provide for improvements in the Federal hiring process, and for other purposes NANCY ERICKSON, CommentsClose CommentsPermalink

Secretary.CommentsClose CommentsPermalink