[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1531 Enrolled Bill (ENR)]
H.R.1531
One Hundred Fourteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and fifteen
An Act
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.
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. Definitions.
``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; and
``(2) 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) 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 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--
``(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 a land management agency for a period or periods
totaling more than 24 months without a break of 2 or more years;
and
``(3) 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).
``(b) 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.
``(c) An individual appointed under this section--
``(1) becomes a career-conditional employee, unless the
employee has otherwise completed the service requirements for
career tenure; and
``(2) acquires competitive status upon appointment.
``(d) 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--
``(1) such employee applies for a position covered by this
section within the period of 2 years after the most recent date of
separation; and
``(2) such employee's most recent separation was for reasons
other than misconduct or performance.
``(e) 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 agencie9601''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.