[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1120 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1120

  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

                              June 7, 2013

   Mr. Tester (for himself and Mr. Udall of Colorado) 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. Definitions
    ``For purposes of this chapter--
            ``(1) the term `land management agency' means--
                    ``(A) the Forest Service of the Department of 
                Agriculture;
                    ``(B) the Bureau of Land Management of the 
                Department of the Interior;
                    ``(C) the National Park Service of the Department 
                of the Interior;
                    ``(D) the Fish and Wildlife Service of the 
                Department of the Interior;
                    ``(E) the Bureau of Indian Affairs of the 
                Department of the Interior; and
                    ``(F) the Bureau of Reclamation of the Department 
                of the Interior;
            ``(2) 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 land management agency as the time-
        limited position; and
            ``(3) the term `time-limited appointment' includes a 
        temporary appointment and a term appointment, as defined by the 
        Office of Personnel Management.
``Sec. 9602. Competitive service; time-limited appointments
    ``(a) Eligibility To Compete for Permanent 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 is eligible 
to compete for a permanent appointment in the competitive service under 
the merit promotion procedures of the land management agency if--
            ``(1) the employee 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 the land management agency for a period or 
        periods totaling not less than 24 months without an intervening 
        break of 2 or more years; and
            ``(3) the performance of the employee under the time-
        limited appointments has been at an acceptable level of 
        performance during the period of service described in paragraph 
        (2).
    ``(b) Conversion to Successor Permanent Positions.--
            ``(1) In general.--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 land management 
        agency decides to fill and, with the agreement of the employee, 
        be appointed to the successor permanent position if--
                    ``(A) the employee 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 first time-limited appointment of the 
                employee by the land management agency occurred before 
                the date of enactment of this chapter;
                    ``(C) the employee has served under 1 or more time-
                limited appointments in a position or positions in the 
                land management 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 performance of the employee under the 
                time-limited appointments has been at an acceptable 
                level of performance during the period of service 
                described in subparagraph (C).
            ``(2) Preference eligibles.--If 2 or more employees are 
        eligible to be offered a successor permanent position under 
        paragraph (1), the land management agency shall give priority 
        to such an employee who is a preference eligible.
            ``(3) Equal preference.--If 2 or more employees are 
        eligible to be offered a successor permanent position under 
        paragraph (1) and have equal priority for the successor 
        permanent position, the land management agency shall use 
        competitive procedures consistent with merit system principles 
        to determine to which employee the successor permanent position 
        will be offered.
    ``(c) Treatment of Appointed Employees.--An appointment to a 
position under subsection (a) or (b) shall be a career-conditional 
appointment, unless the employee has otherwise completed the service 
requirements for a career appointment.
    ``(d) Competitive Status.--An employee appointed to a position 
under subsection (a) or (b) shall acquire competitive status upon 
appointment.
    ``(e) Time-Limited Employees Separated From Service.--
            ``(1) In general.--This section shall apply with respect to 
        an employee of a land management agency serving under a time-
        limited appointment who has been separated from service for 
        reasons other than misconduct or unacceptable performance.
            ``(2) Application.--For an employee described in paragraph 
        (1)--
                    ``(A) this section shall apply as if the employee 
                occupied the time-limited position from which the 
                employee was most recently separated; and
                    ``(B) a land management agency shall be deemed to 
                have met the requirements under this section relating 
                to the employee if notice is sent to the last known 
                address of the employee not later than 21 days before a 
                successor permanent position for which the employee is 
                eligible is filled.
    ``(f) Regulations.--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>