[Congressional Record Volume 161, Number 104 (Tuesday, July 7, 2015)]
[House]
[Pages H4782-H4783]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LAND MANAGEMENT WORKFORCE FLEXIBILITY ACT
Mr. CARTER of Georgia. Madam Speaker, I move to suspend the rules and
pass the bill (H.R. 1531) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1531
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''.
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 of the Department of Agriculture;
``(B) the Bureau of Land Management of the Department of
the Interior;
``(C) the National Park Service of the Department of the
Interior;
``(D) the Fish and Wildlife Service of the Department of
the Interior;
``(E) the Bureau of Indian Affairs of the Department of the
Interior; and
``(F) the Bureau of Reclamation of the Department of the
Interior; 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) 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 is 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 appointed initially under open,
competitive examination under subchapter I of chapter 33 to
the time-limited appointment;
``(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 of performance throughout the period or periods (as the
case may be) referred to in paragraph (2).
``(b) In determining the eligibility of a time-limited
employee under this section to be examined for or appointed
in the competitive service, the Office of Personnel
Management or other examining agency shall waive requirements
as to age, unless the requirement is essential to the
performance of the duties of the position.
``(c) An individual appointed under this section--
``(1) becomes a career-conditional employee, unless the
employee has otherwise completed the service requirements for
career tenure; and
``(2) acquires competitive status upon appointment.
``(d) A former employee of a land management agency who
served under a time-limited appointment and who otherwise
meets the requirements of this section shall be deemed a
time-limited employee for purposes of this section if--
``(1) such employee applies for a position covered by this
section within the period of 2 years after the most recent
date of separation; and
``(2) such employee's most recent separation was for
reasons other than misconduct or performance.
``(e) The Office of Personnel Management shall prescribe
such regulations as may be necessary to carry out this
section.''.
(b) Clerical Amendment.--The analysis for part III of title
5, United States Code, is amended by inserting after the item
for chapter 95 the following:
``96. Personnel flexibilities relating to land management ag9601''.....
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Georgia (Mr. Carter) and the gentleman from Virginia (Mr. Connolly)
each will control 20 minutes.
The Chair recognizes the gentleman from Georgia.
General Leave
Mr. CARTER of Georgia. Madam Speaker, I ask unanimous consent that
all Members may have 5 legislative days in which to revise and extend
their remarks and include extraneous material on the bill under
consideration.
[[Page H4783]]
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Georgia?
There was no objection.
Mr. CARTER of Georgia. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I rise today in support of H.R. 1531, introduced by
our colleague from Virginia (Mr. Connolly). The Land Management
Workforce Flexibility Act allows certain temporary workers to compete
for full-time positions when vacancies arise.
Many of the Federal Government's firefighters work on a temporary
basis and gain valuable experience as they return year after year to
battle Western wildfires. Current law prevents these experienced
employees from competing for full-time jobs under internal merit
promotion procedures.
This commonsense bill will allow Federal land agencies to fully
consider the applications of experienced workers when they identify the
need for a full-time employee.
Covered agencies include the Forest Service, the Bureau of Land
Management, the National Park Service, the U.S. Fish and Wildlife
Service, the Bureau of Indian Affairs, and the Bureau of Reclamation.
The bill does not change the total number of Federal jobs available
or the salaries paid to Federal employees; rather, it expands the pool
of individuals eligible for Federal land management positions.
Of course, the bill does impose a few conditions to be eligible to
compete for a full-time position, including length of service and
adherence to performance standards.
I urge support for this bipartisan legislation, and I reserve the
balance of my time.
Mr. CONNOLLY. Madam Speaker, I yield myself such time as I may
consume.
I thank my friend from Georgia (Mr. Carter) for being here today on
the floor.
Madam Speaker, obviously, I rise in strong support of our bipartisan
Land Management Workforce Flexibility Act. I want to take a moment to
recognize our colleagues, Congressman Don Young of Alaska and
Congressman Rob Bishop of Utah, two of this Chamber's most dedicated
advocates for the men and women who comprise America's hard-working
temporary civil service, particularly our Nation's courageous temporary
seasonal wildland firefighters.
It was an honor to join my esteemed colleagues, who have each served
as chairman of the House Natural Resources Committee, to develop and
introduce this good government legislation. The spirit of
bipartisanship that went into creating it is reflected in the equal
number of Democratic and Republican cosponsors.
Further, I was pleased that the entire Committee on Oversight and
Government Reform joined us in unanimously supporting this much-needed
reform to remove arbitrary barriers that prevent talented, long-term
temporary seasonal employees from just competing for vacant permanent
positions, as my friend from Georgia described.
As the committee noted favorably in reporting the bill, our
legislation will improve government effectiveness by enhancing the
quality of the pool of applicants for Federal positions.
Our commonsense legislation provides long-serving, temporary seasonal
wildland firefighters and other seasonal employees with the same career
advancement opportunities available to all other Federal employees.
Specifically, the Land Management Workforce Flexibility Act
authorizes qualifying land management agency employees serving under
time-limited appointments to compete for vacant permanent positions
under internal merit promotion procedures, just as any permanent
Federal employee is eligible to do.
Our bill is deficit neutral, as my friend from Georgia indicated,
because it only strengthens the pool of individuals eligible to compete
for vacant Federal permanent positions. It does not create new
positions.
As the nonpartisan Congressional Budget Office noted, ``CBO estimates
that implementing the legislation would have no significant effect on
the Federal budget. Enacting the bill would not affect direct spending
or revenues because our bipartisan bill would,'' to quote CBO, ``not
change the total number of Federal jobs available.''
As many of my colleagues understand, particularly those Members who
represent Western constituencies in America, many Federal land
management employees, including wildland firefighters, are often hired
under temporary appointments that amount to less than 6 months or 1,040
hours. These individuals, so often called temporary appointments,
repeatedly are extended on an annual basis.
As Congressman Stephen Lynch, my friend from Massachusetts, the
former chairman of the Federal Workforce Subcommittee, observed at a
2010 hearing: ``Oftentimes, seasonal temporary employees have worked in
the same capacity year after year, decade after decade.''
Despite those years of service and putting themselves often in harm's
way, career advancement and opportunities are severely limited. It is
difficult to overstate the adverse impact the unfair policy of
precluding their ability to compete for the same jobs as full-time
Federal employees has on Americans serving under term-limited
appointments since many agencies utilize merit promotion to
competitively fill nonentry-level jobs.
Indeed, bipartisan concerns have been raised over a status quo where,
no matter how long an individual may serve under a term-limited
appointment, even one that is originally obtained under open,
competitive examination, he or she never can acquire the status that
would enable him or her to compete for vacant permanent positions.
For example, a former chairman of the House Civil Service
Subcommittee addressed the illogical inequity of this position at a
1993 hearing, stating:
Furthermore, there needs to be better access for all
temporary employees, not just term employees, to apply for
permanent positions within the Federal Government. It is
simply unfair that, after years of employment, a temporary
employee applying for a permanent position job is no better
off than someone off the street applying for a job. Agencies
could save large sums of money on education and training by
hiring more temporary employees for permanent positions.
At the same hearing, former Congressman Dan Burton submitted a
statement for the Record, expressing the view: ``One of the best things
we can do for temporary employees is to increase their opportunities to
compete for permanent positions.''
The current barrier to competition placed on our Nation's temporary
seasonal employees demoralizes the dedicated and courageous corps of
temporary civil servants that serve in land management agencies, and it
contributes to increased attrition and, ultimately, leads to higher
training costs and a less-experienced and capable workforce.
As the devastating 2014 California wildfires demonstrated, our
country cannot afford to degrade its wildland firefighting and
emergency response capabilities that put themselves in harm's way. Our
bipartisan bill is consistent with the Office of Personnel Management's
support for the concept.
In closing, I strongly urge all my colleagues to support this
bipartisan Land Management Workforce Flexibility Act.
Madam Speaker, I yield back the balance of my time.
{time} 1445
Mr. CARTER of Georgia. Madam Speaker, I urge adoption of the bill,
and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Georgia (Mr. Carter) that the House suspend the rules
and pass the bill, H.R. 1531.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________