[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1886 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 271
115th CONGRESS
  1st Session
                                S. 1886

                          [Report No. 115-189]

To amend subchapter I of chapter 31 of title 5, United States Code, to 
     authorize agencies to make noncompetitive temporary and term 
                appointments in the competitive service.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2017

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

                            December 1, 2017

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend subchapter I of chapter 31 of title 5, United States Code, to 
     authorize agencies to make noncompetitive temporary and term 
                appointments in the competitive service.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Temporary and Term 
Appointments Act of 2017''.</DELETED>

<DELETED>SEC. 2. NONCOMPETITIVE TEMPORARY AND TERM APPOINTMENTS IN THE 
              COMPETITIVE SERVICE.</DELETED>

<DELETED>    (a) Temporary and Term Appointments.--Subchapter I of 
chapter 31 of title 5, United States Code, is amended by adding at the 
end the following:</DELETED>
<DELETED>``Sec. 3115. Temporary and term appointments</DELETED>
<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Director.--The term `Director' means the 
        Director of the Office of Personnel Management.</DELETED>
        <DELETED>    ``(2) Temporary appointment.--The term `temporary 
        appointment' means an appointment in the competitive service 
        for a period of not more than 1 year.</DELETED>
        <DELETED>    ``(3) Term appointment.--The term `term 
        appointment' means an appointment in the competitive service 
        for a period of more than 1 year and not more than 5 
        years.</DELETED>
<DELETED>    ``(b) Appointment.--</DELETED>
        <DELETED>    ``(1) In general.--The head of an agency may make 
        a temporary appointment or term appointment to a position in 
        the competitive service when the need for the services of the 
        employee is not permanent.</DELETED>
        <DELETED>    ``(2) Extension.--Under conditions prescribed by 
        the Director, the head of an agency may--</DELETED>
                <DELETED>    ``(A) extend a temporary appointment made 
                under paragraph (1) to be for a period of not more than 
                2 years; and</DELETED>
                <DELETED>    ``(B) extend a term appointment made under 
                paragraph (1) to be for a period of not more than 5 
                years.</DELETED>
<DELETED>    ``(c) Appointments for Critical Hiring Needs.--Under 
conditions prescribed by the Director, the head of an agency may make a 
noncompetitive temporary appointment, or a noncompetitive term 
appointment for a period of not more than 18 months, to a position in 
the competitive service for which a critical hiring need exists, 
without regard to the requirements of sections 3327 and 3330. An 
appointment made under this subsection may not be extended.</DELETED>
<DELETED>    ``(d) Regulations.--The Director may prescribe regulations 
to carry out this section, but is not required to promulgate 
regulations prior to implementation of this section.</DELETED>
<DELETED>    ``(e) Special Provision Regarding the Department of 
Defense.--Nothing in this section shall preclude the Secretary of 
Defense from making temporary and term appointments in the competitive 
service pursuant to section 1105 of the National Defense Authorization 
Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580; Public Law 114-
328; 130 Stat. 2447), and any regulations prescribed by the Director 
for the administration of this section shall not apply to the Secretary 
of Defense in the exercise of the authorities granted under such 
section 1105.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections for chapter 
31 of title 5, United States Code, is amended by inserting after the 
item relating to section 3114 the following:</DELETED>

<DELETED>``3115. Temporary and term appointments.''.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Temporary and Term Appointments Act 
of 2017''.

SEC. 2. NONCOMPETITIVE TEMPORARY AND TERM APPOINTMENTS IN THE 
              COMPETITIVE SERVICE.

    (a) Temporary and Term Appointments.--Subchapter I of chapter 31 of 
title 5, United States Code, is amended by adding at the end the 
following:
``Sec. 3115. Temporary and term appointments
    ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director of 
        the Office of Personnel Management.
            ``(2) Temporary appointment.--The term `temporary 
        appointment' means an appointment in the competitive service 
        for a period of not more than 1 year.
            ``(3) Term appointment.--The term `term appointment' means 
        an appointment in the competitive service for a period of more 
        than 1 year and not more than 5 years.
    ``(b) Appointment.--
            ``(1) In general.--The head of an agency may make a 
        temporary appointment or term appointment to a position in the 
        competitive service when the need for the services of the 
        employee services is not permanent.
            ``(2) Extension.--Under conditions prescribed by the 
        Director, the head of an agency may--
                    ``(A) extend a temporary appointment made under 
                paragraph (1) in increments of not more than 1 year, up 
                to a maximum of 3 total years of service; and
                    ``(B) extend a term appointment made under 
                paragraph (1) in increments determined appropriate by 
                the head of the agency, up to a maximum of 6 total 
                years of service.
    ``(c) Appointments for Critical Hiring Needs.--Under conditions 
prescribed by the Director, the head of an agency may make a 
noncompetitive temporary appointment, or a noncompetitive term 
appointment for a period of not more than 18 months, to a position in 
the competitive service for which a critical hiring need exists, 
without regard to the requirements of sections 3327 and 3330. An 
appointment made under this subsection may not be extended.
    ``(d) Regulations.--The Director may prescribe regulations to carry 
out this section, but is not required to promulgate regulations prior 
to implementation of this section.
    ``(e) Special Provision Regarding the Department of Defense.--
Nothing in this section shall preclude the Secretary of Defense from 
making temporary and term appointments in the competitive service 
pursuant to section 1105 of the National Defense Authorization Act for 
Fiscal Year 2017 (10 U.S.C. note prec. 1580; Public Law 114-328; 130 
Stat. 2447), and any regulations prescribed by the Director for the 
administration of this section shall not apply to the Secretary of 
Defense in the exercise of the authorities granted under such section 
1105.''.
    (b) Clerical Amendment.--The table of sections for chapter 31 of 
title 5, United States Code, is amended by inserting after the item 
relating to section 3114 the following:

``3115. Temporary and term appointments.''.
                                                       Calendar No. 271

115th CONGRESS

  1st Session

                                S. 1886

                          [Report No. 115-189]

_______________________________________________________________________

                                 A BILL

To amend subchapter I of chapter 31 of title 5, United States Code, to 
     authorize agencies to make noncompetitive temporary and term 
                appointments in the competitive service.

_______________________________________________________________________

                            December 1, 2017

                       Reported with an amendment