[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1591 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1591

    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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2015

 Mr. Tester (for himself and Mrs. McCaskill) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    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 of 2015''.

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;
                    ``(B) the Bureau of Land Management;
                    ``(C) the National Park Service;
                    ``(D) the United States Fish and Wildlife Service;
                    ``(E) the Bureau of Indian Affairs; and
                    ``(F) the Bureau of Reclamation; 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) 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 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 initially appointed to the time-
        limited appointment under open, competitive examination under 
        subchapter I of chapter 33;
            ``(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 throughout the period or periods (as the case may be) 
        referred to in paragraph (2).
    ``(b) Eligibility.--In determining the eligibility of a time-
limited employee under this section to be examined for or appointed to 
a position in the competitive service, the Office of Personnel 
Management or other examining agency shall waive any requirement as to 
age, unless the requirement is essential to the performance of the 
duties of the position.
    ``(c) Effects of Appointment.--An individual, upon appointment 
under this section, shall--
            ``(1) become a career-conditional employee, unless the 
        employee has otherwise completed the service requirements for 
        career tenure; and
            ``(2) acquire competitive status.
    ``(d) Former Employees.--A former employee of a land management 
agency who served under a time-limited appointment and otherwise meets 
the requirements under this section shall be deemed to be an employee 
of a land management agency serving under a time-limited appointment 
for purposes of this section if--
            ``(1) the former employee applies for a position covered 
        under this section not later than 2 years after the date of the 
        former employee's most recent separation from a land management 
        agency at which the former employee served under a time-limited 
        appointment; and
            ``(2) the separation referred to in paragraph (1) was for 
        reasons other than misconduct or performance.
    ``(e) Regulations.--The Office of Personnel Management shall 
prescribe any regulations that are necessary to carry out this 
section.''.
    (b) Technical and Conforming Amendment.--The table of chapters for 
part III of title 5, United States Code, is amended by inserting after 
the item relating to chapter 95 the following:

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