118 S3320 IS: Tenure Evaluation and Rotation Mandate Act U.S. Senate 2023-11-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II118th CONGRESS1st SessionS. 3320IN THE SENATE OF THE UNITED STATESNovember 15, 2023Mr. Marshall (for himself and Mr. Schmitt) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo provide that an individual may not serve as an employee in the executive branch for longer than 12 years, except for Presidential appointees, law enforcement officers, members of the military, and employees of the Department of Defense.
1.
Short title
This Act may be cited as the Tenure Evaluation and Rotation Mandate Act or the TERM Act.
2.
Limitation on term of service in the executive branch
(a)
Definitions
In this section:(1)
Agency
The term agency means an agency, establishment, office, or other appointing authority in the executive branch of the Government of the United States.(2)
Position
The term position— (A)means a position as an employee of an agency; and(B)does not include—(i)a position for which appointment is made by the President; (ii)a position as a law enforcement officer; (iii)a position as a member of an Armed Force; or(iv)a position in the civil service in the Department of Defense. (b)
Limitation
Notwithstanding any other provision of law or regulation, an individual may not serve for a total of more than 12 years in 1 or more positions.(c)
Application to current employees
(1)
In general
Subject to paragraph (2), an individual serving in a position on the date of enactment of this Act who has served for a total of not less than 9 years in 1 or more positions may not serve in a position on or after the date that is 3 years after the date of enactment of this Act. (2)
Rule for separation from service
An individual serving in a position on the date of enactment of this Act who has served for a total of not less than 9 years in 1 or more positions and who separates from service before the date that is 3 years after the date of enactment of this Act may not serve in a position on or after the date on which the individual has served in a position for a total of not less than 12 years.