[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2169 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 241
116th CONGRESS
  1st Session
                                S. 2169

                          [Report No. 116-129]

 To amend section 3116 of title 5, United States Code, to clarify the 
  applicability of the appointment limitations for students appointed 
   under the expedited hiring authority for post-secondary students.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 18, 2019

 Mr. Lankford (for himself, Mr. Peters, and Ms. Sinema) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

                            October 15, 2019

               Reported by Mr. Johnson, with an amendment
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend section 3116 of title 5, United States Code, to clarify the 
  applicability of the appointment limitations for students appointed 
   under the expedited hiring authority for post-secondary students.

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

SECTION 1. CLARIFICATION OF LIMITATION ON EXPEDITED HIRING AUTHORITY 
              FOR POST-SECONDARY STUDENTS.

    Section 3116(d)(1) of title 5, United States Code, is amended to 
read as follows:
            ``(1) In general.--Except as provided in paragraph (2), the 
        total number of students that the head of an agency may appoint 
        under this section during a fiscal year may not exceed the 
        number equal to 15 percent of the number of students that the 
        agency head appointed during the previous fiscal year to a 
        position at the GS-11 level, or an equivalent level, or 
        below.''.

SEC. 2. REST AND RECUPERATION LEAVE AND FOREIGN HOLIDAY LEAVE.

    (a) In General.--Subchapter II of chapter 63 of title 5, United 
States Code, is amended by adding at the end the following new 
sections:
``Sec. 6329d. Rest and recuperation leave
    ``(a) Definitions.--In this section--
            ``(1) the term `agency'--
                    ``(A) means an Executive agency; and
                    ``(B) does not include the Government 
                Accountability Office;
            ``(2) the term `combat zone' means--
                    ``(A) a geographic area designated by an Executive 
                Order of the President as an area in which the Armed 
                Forces are engaging or have engaged in combat;
                    ``(B) an area designated by law to be treated as a 
                combat zone; or
                    ``(C) a location the Secretary of Defense has 
                certified for combat zone tax benefits due to its 
                direct support of military operations;
            ``(3) the term `employee' has the meaning given the term in 
        section 6301;
            ``(4) the term `high risk, high threat post' has the 
        meaning given the term in section 104 of the Omnibus Diplomatic 
        Security and Antiterrorism Act of 1986 (22 U.S.C. 4803); and
            ``(5) the term `leave year' means the period beginning on 
        the first day of the first complete pay period in a calendar 
        year and ending on the day immediately before the first day of 
        the first complete pay period in the following calendar year.
    ``(b) Leave for Rest and Recuperation.--
            ``(1) In general.--During a leave year, the head of an 
        agency may grant not more than 20 days of leave without loss of 
        or reduction in pay, leave to which an employee is otherwise 
        entitled under law, or credit for time or service to a civilian 
        employee of the agency serving in a combat zone or other high 
        risk, high threat post for the purposes of rest and 
        recuperation.
            ``(2) Conversion of leave period into hours.--The 20 days 
        of leave referred to in paragraph (1) shall be converted to 160 
        hours of leave for full-time employees and proportionally 
        adjusted for employees with a part-time tour of duty or an 
        uncommon tour of duty in which the hours for which leave may be 
        charged are in excess of 80 hours in a biweekly pay period.
    ``(c) Discretionary Authority of Agency Head.--
            ``(1) In general.--Use of the authority under subsection 
        (b) shall be at the sole and exclusive discretion of the head 
        of the agency concerned.
            ``(2) Policies.--The head of an agency may prescribe 
        agency-wide policies to govern the use of the authority under 
        subsection (b) within the agency.
    ``(d) Records.--An agency shall record leave provided under this 
section separately from leave authorized under any other provision of 
law.
``Sec. 6329e. Foreign holiday leave
    ``(a) Definitions.--In this section--
            ``(1) the term `agency'--
                    ``(A) means an Executive agency; and
                    ``(B) does not include the Government 
                Accountability Office;
            ``(2) the term `employee' has the meaning given that term 
        in section 6301; and
            ``(3) the term `leave year' means the period beginning on 
        the first day of the first complete pay period in a calendar 
        year and ending on the day immediately before the first day of 
        the first complete pay period in the following calendar year.
    ``(b) Leave for Local Holidays Observed in Foreign Areas.--During a 
leave year, the head of an agency may grant not more than 5 days of 
leave without loss of or reduction in pay, leave to which an employee 
is otherwise entitled under law, or credit for time or service to a 
civilian employee of the agency serving in a foreign area for local 
holidays observed in the foreign area--
            ``(1) if the head of the agency determines that the conduct 
        of business during the local holidays would be inconsistent 
        with host-country practice or otherwise not in the best 
        interest of the United States; or
            ``(2) for such other reasons as the head of the agency 
        determines necessary to advance the diplomatic interests of the 
        United States.
    ``(c) Discretionary Authority of Agency Head.--
            ``(1) In general.--Use of the authority under subsection 
        (b) shall be at the sole and exclusive discretion of the head 
        of the agency concerned.
            ``(2) Policies.--The head of an agency may prescribe 
        agency-wide policies to govern the use of the authority under 
        subsection (b) within the agency.
    ``(d) Records.--An agency shall record leave provided under this 
section separately from leave authorized under any other provision of 
law.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
6329c the following new items:

``6329d. Rest and recuperation leave.
``6329e. Foreign holiday leave.''.
                                                       Calendar No. 241

116th CONGRESS

  1st Session

                                S. 2169

                          [Report No. 116-129]

_______________________________________________________________________

                                 A BILL

 To amend section 3116 of title 5, United States Code, to clarify the 
  applicability of the appointment limitations for students appointed 
   under the expedited hiring authority for post-secondary students.

_______________________________________________________________________

                            October 15, 2019

                       Reported with an amendment