IN THE SENATE OF THE UNITED STATES
June 8, 2015
Mr. Johnson introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
To amend title 5, United States Code, to provide a pathway for temporary seasonal employees in Federal land management agencies to compete for vacant permanent positions under internal merit promotion procedures, and for other purposes.
This Act may be cited as the
Land Management Workforce Flexibility Act.
Personnel flexibilities relating to land management agencies
Subpart I of part III of title 5, United States Code, is amended by inserting after chapter 95 the following:
Personnel Flexibilities Relating to Land Management Agencies
9602. Competitive service; time-limited appointments.
For purposes of this chapter—
the term land management agency means—
the Forest Service;
the Bureau of Land Management;
the National Park Service;
the United States Fish and Wildlife Service;
the Bureau of Indian Affairs; and
the Bureau of Reclamation; and
the term time-limited appointment includes a temporary appointment and a term appointment, as defined by the Office of Personnel Management.
Competitive service; time-limited appointments
Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of a land management agency serving under a time-limited appointment in the competitive service shall be eligible to compete for a permanent appointment in the competitive service at any land management agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures of the applicable agency if—
the employee was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment;
the employee has served under 1 or more time-limited appointments by a land management agency for a period or periods totaling more than 24 months without a break of 2 or more years; and
the employee’s performance has been at an acceptable level of performance throughout the period or periods (as the case may be) referred to in paragraph (2).
In determining the eligibility of a time-limited employee under this section to be examined for or appointed in the competitive service, the Office of Personnel Management or other examining agency shall waive requirements as to age, unless the requirement is essential to the performance of the duties of the position.
An individual appointed under this section—
shall become a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and
shall acquire competitive status upon appointment.
A former employee of a land management agency who served under a time-limited appointment and who otherwise meets the requirements of this section shall be deemed a time-limited employee for purposes of this section if—
such employee applies for a position covered by this section within the period of 2 years after the most recent date of separation; and
such employee’s most recent separation was for reasons other than misconduct or performance.
The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section.
The analysis for part III of title 5, United States Code, is amended by inserting after the item for chapter 95 the following: