[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4027 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4027

   To amend title 5, United States Code, to provide flexibility for 
  temporary and term appointments in the competitive service, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 7, 2022

Mr. Lankford (for himself and Mr. Braun) 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 flexibility for 
  temporary and term appointments in the competitive service, 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 ``Inspired to Serve Hiring 
Improvements Act''.

SEC. 2. FLEXIBILITY FOR TEMPORARY AND TERM APPOINTMENTS.

    (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. 3117. 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 10 years.
    ``(b) Appointment.--
            ``(1) In general.--The head of an Executive agency may make 
        a temporary appointment or term appointment to a position in 
        the competitive service when the need for the services of an 
        employee in the position is not permanent.
            ``(2) Extension.--Under conditions prescribed by the 
        Director, the head of an Executive agency may--
                    ``(A) extend a temporary appointment made under 
                paragraph (1) in increments of not more than 1 year 
                each, up to a maximum of 3 total years of service; and
                    ``(B) extend a term appointment made under 
                paragraph (1), the initial period of which is less than 
                6 years, in increments determined appropriate by the 
                head of the Executive agency, up to a maximum of 6 
                total years of service.
    ``(c) Appointments for Critical Hiring Needs.--
            ``(1) In general.--The head of an Executive 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, as determined under section 3304, without regard 
        to the requirements of sections 3327 and 3330.
            ``(2) No extensions.--An appointment made under paragraph 
        (1) may not be extended.
    ``(d) Regulations.--
            ``(1) In general.--During the 1-year period beginning on 
        the date of enactment of this section, and subject to 
        paragraphs (2) and (3), the Director may prescribe regulations 
        to carry out this section.
            ``(2) Application.--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 section 1105 of the National Defense 
        Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 
        Stat. 2447).
            ``(3) Reporting.--With respect to any regulation prescribed 
        by the Director under this subsection, the Director shall brief 
        the appropriate committees of Congress with respect to the 
        regulation not later than 30 days before the date on which the 
        final version of the regulation is published.
    ``(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 (Public Law 114-328; 130 Stat. 2447).
    ``(f) Rule of Construction.--Nothing in this section may be 
construed to affect the authorities granted under section 3109.''.
    (b) Conforming Amendment.--The table of sections for subchapter I 
of chapter 31 of title 5, United States Code, is amended by inserting 
after the item relating to section 3116 the following:

``3117. Temporary and term appointments.''.

SEC. 3. CRITERIA FOR GRANTING DIRECT-HIRE AUTHORITY TO AGENCIES.

    Section 3304(a)(3)(B) of title 5, United States Code, is amended by 
striking ``shortage of candidates'' and all that follows through 
``highly qualified candidates)'' and inserting ``shortage of highly 
qualified candidates''.

SEC. 4. EXPEDITED HIRING AUTHORITY.

    (a) Expedited Hiring Authority for College Graduates.--Section 
3115(e)(1) of title 5, United States Code, is amended by striking ``15 
percent'' and inserting ``25 percent''.
    (b) Expedited Hiring Authority for Post-Secondary Students.--
Section 3116(d)(1) of title 5, United States Code, is amended by 
striking ``15 percent'' and inserting ``25 percent''.
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