[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.

                          ____________________