[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3585 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3585

  To provide authorities for the appropriate conversion of temporary 
 seasonal wildland firefighters and other temporary seasonal employees 
  in Federal land management agencies who perform regularly recurring 
             seasonal work to permanent seasonal positions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2012

  Mr. Tester introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To provide authorities for the appropriate conversion of temporary 
 seasonal wildland firefighters and other temporary seasonal employees 
  in Federal land management agencies who perform regularly recurring 
             seasonal work to permanent seasonal positions.

    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 ``Land Management Workforce 
Flexibility Act''.

SEC. 2. PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT AGENCIES.

    (a) In General.--Subpart I of part III of title 5, United States 
Code, is amended by inserting after chapter 95 the following:

   ``CHAPTER 96--PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT 
                                AGENCIES

``Sec.
``9601. Definition.
``9602. Competitive service; time-limited appointments.
``Sec. 9601. Definition
    ``For purposes of this chapter, the term `land management agency' 
means--
            ``(1) the Forest Service of the Department of Agriculture;
            ``(2) the Bureau of Land Management of the Department of 
        the Interior;
            ``(3) the National Park Service of the Department of the 
        Interior;
            ``(4) the Fish and Wildlife Service of the Department of 
        the Interior;
            ``(5) the Bureau of Indian Affairs of the Department of the 
        Interior; and
            ``(6) the Bureau of Reclamation of the Department of the 
        Interior.
``Sec. 9602. Competitive service; time-limited appointments
    ``(a) 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 is eligible to compete for a permanent appointment 
in the competitive service under that agency's merit promotion 
procedures if--
            ``(1) such individual was appointed initially under open, 
        competitive examination under subchapter I of chapter 33 to the 
        time-limited appointment;
            ``(2) the employee has served under 1 or more time-limited 
        appointments by such agency for a period or periods totaling 
        not less than 24 months without an intervening break of 2 or 
        more years; and
            ``(3) the employee's performance under such time-limited 
        appointment or appointments has been at an acceptable level of 
        performance during those 24 months of service.
    ``(b)(1) For purposes of this subsection, the term `successor 
permanent position' means, with respect to a time-limited position, a 
permanent position in the competitive service with the same or 
substantially similar major duties and qualification requirements in 
the same major subdivision of the same agency as the time-limited 
position.
    ``(2) 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 offered any successor permanent position 
that the agency decides to fill and, upon his or her concurrence, be 
appointed to such position if--
            ``(A) such individual was appointed initially under open, 
        competitive examination under subchapter I of chapter 33 to the 
        time-limited appointment;
            ``(B)(i) the job announcement for the time-limited position 
        stated that there was potential for the position to become 
        permanent; or
            ``(ii) the employee's first time-limited appointment by 
        such agency occurred before the date of enactment of this 
        chapter;
            ``(C) the employee has served under a time-limited 
        appointment or appointments in a position or positions in such 
        agency with the same or substantially similar major duties and 
        qualification requirements as the successor permanent position 
        for a period or periods totaling not less than 24 months 
        without an intervening break of 2 or more years; and
            ``(D) the employee's performance under such time-limited 
        appointment or appointments has been at an acceptable level of 
        performance during those 24 months of service.
    ``(3) If 2 or more employees are eligible for conversion under this 
subsection, then any preference eligible veterans shall be given 
priority.
    ``(4) If 2 or more employees have equal priority for conversion 
under this subsection, then placement shall be determined by 
competitive procedures consistent with merit system principles.
    ``(c) An employee selected or converted under this section becomes 
a career-conditional employee, unless the employee has otherwise 
completed the service requirements for career tenure.
    ``(d) An employee appointed under this section acquires competitive 
status upon appointment.
    ``(e) The provisions of this section shall apply with respect to 
time-limited employees who have been separated for reasons other than 
misconduct or unacceptable performance. For such a separated employee, 
the provisions of this chapter shall apply as if such separated 
employee occupied the time-limited position from which such employee 
was most recently separated. An agency shall be deemed to have met its 
obligation under this section if notice is sent to the last known 
address of such individual 21 or more days before a successor permanent 
position for which he or she is eligible is filled.
    ``(f) For purposes of this section, time-limited appointments 
include temporary appointments and term appointments, as defined by the 
Office of Personnel Management.
    ``(g) The Office of Personnel Management shall prescribe such 
regulations as may be necessary to carry out this section.''.
    (b) Clerical Amendment.--The analysis for part III of title 5, 
United States Code, is amended by inserting after the item for chapter 
95 the following:

``96.  Personnel flexibilities relating to land management      9601''.
                            agencies.
                                 <all>