[Congressional Record Volume 162, Number 89 (Tuesday, June 7, 2016)]
[House]
[Pages H3479-H3480]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





CLARIFYING ELIGIBILITY OF LAND MANAGEMENT AGENCY TIME-LIMITED EMPLOYEES 
                       FOR PERMANENT APPOINTMENTS

  Mr. RUSSELL. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4906) to amend title 5, United States Code, to clarify the 
eligibility of employees of a land management agency in a time-limited 
appointment to compete for a permanent appointment at any Federal 
agency, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4906

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

     SECTION 1. ELIGIBILITY OF EMPLOYEES IN A TIME-LIMITED 
                   APPOINTMENT TO COMPETE FOR A PERMANENT 
                   APPOINTMENT AT ANY FEDERAL AGENCY.

       Section 9602 of title 5, United States Code, is amended--
       (1) in subsection (a) by striking ``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'' and inserting ``such land management 
     agency when such agency is accepting applications from 
     individuals within the agency's workforce under merit 
     promotion procedures, or any agency, including a land 
     management agency, when the agency is accepting applications 
     from individuals outside its own workforce under the merit 
     promotion procedures of the applicable agency''; and
       (2) in subsection (d) by inserting ``of the agency from 
     which the former employee was most recently separated'' after 
     ``deemed a time-limited employee''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oklahoma (Mr. Russell) and the gentleman from Virginia (Mr. Connolly) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Oklahoma.


                             General Leave

  Mr. RUSSELL. Mr. 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.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oklahoma?
  There was no objection.
  Mr. RUSSELL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Land Management Workforce Flexibility Act enacted 
last year removed a barrier to the career advancement opportunities of 
long-serving temporary and seasonal employees of land management 
agencies across the Federal Government.
  I want to thank my friend from Virginia (Mr. Connolly) for his 
companion work in the Committee on Oversight and Government Reform. I 
am proud to not only support it, but I authored a similar measure in 
the national defense authorization.
  The bill we are considering today makes a technical correction that 
is necessary due to recent guidance of the Office of Personnel 
Management, or OPM. H.R. 4906 clarifies that Congress intended to 
remove restrictions on temporary seasonal employees that would 
otherwise hinder their ability to compete for merit promotion vacancies 
open to other Federal employees.
  Seasonal work of land management agencies is accomplished by a mix of 
both permanent and temporary employees. Before the Land Management 
Workforce Flexibility Act, regardless of how many seasons served, 
temporary employees could not compete for permanent jobs under the 
merit promotion procedures available to other Federal employees. Under 
the bill enacted last year, long-serving temporary employees were given 
this opportunity, and their employing agencies are provided with better 
applicant pools as a result.
  For instance, experienced seasonal wildland firefighters are well 
qualified for permanent leadership roles within agencies that work to 
combat wildfires. Mr. Speaker, the Land Management Workforce 
Flexibility Act recognized their service as employees and afforded them 
opportunities for promotion.
  However, recent guidance from the Office of Personnel Management 
severely limits temporary employees' ability to compete for permanent 
jobs. OPM's guidance declares temporary employees eligible to compete 
for permanent jobs only in situations where the hiring agency plans to 
prepare a list of candidates under merit promotion procedures and 
accepts applications only from individuals inside its own workforce.
  This bill today makes a technical correction to clarify the temporary 
seasonal employees of land management agencies are eligible for the 
same opportunities for consideration under merit promotion procedures 
that apply to other Federal employees.
  The bill also makes clear that eligible former employees are deemed 
to be employees of the agency from which they were most recently 
separated for instances where the position is limited to employees of 
the hiring agency.
  Mr. Speaker, this straightforward bill will help to establish a more 
effective, efficient, and qualified Federal workforce.
  I thank the ranking member of the Subcommittee on Government 
Operations, my friend, the gentleman from Virginia (Mr. Connolly), for 
authoring this key legislation.
  I would also like to highlight the great work of the chairman of the 
Subcommittee on Government Operations, the gentleman from North 
Carolina (Mr. Meadows), who is an original cosponsor of H.R. 4906 and 
cares deeply about remedying this situation.
  I support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONNOLLY. Mr. Speaker, I yield myself such time as I may consume.
  I thank my friend and colleague from Oklahoma for his leadership and 
his support on this important bill.
  Mr. Speaker, I rise in strong support of a bipartisan bill, H.R. 
4906, which I am pleased to cosponsor with Chairman Meadows of the 
Government Operations Subcommittee.
  This simple bill makes, as my friend indicated, a technical 
correction to bipartisan legislation known as the Land Management 
Workforce Flexibility Act, on which I was pleased to work with the 
committee in passing into law just last year. That bill originally 
passed the House by a voice vote and then went on to pass the Senate by 
unanimous consent. As my colleagues will recall, that bill was intended 
to give temporary seasonal employees an opportunity to compete for 
permanent full-time employment within all agencies across the entire 
Federal Government.
  Merit promotion procedures provide an important career advancement 
path for Federal employees, and many nonentry-level jobs are filled 
using this process. Yet, no matter how long an individual has served, 
temporary seasonal employees never get access to merit promotion 
procedures.
  Now, who are those people? Those are men and women on the front line 
of wildfires in the West, who put their lives on the line to contain 
forest fires during the fire season out west--dangerous work, arduous 
work. We are simply trying to give them a fair shake, a fair shake that 
is available to all other Federal employees. This was intended to put 
them on an equal footing for vacant jobs in the civil service, 
including permanent seasonal jobs.
  God knoweth why, but the Office of Personnel Management recently 
issued guidance to the agency, based on a narrow reading never intended 
by our committee or by this Congress, of the legislative language that 
would actually limit the positions to which these temporary employees 
may apply to just those within the current agency. That was never the 
intent of this Congress, and I, frankly, feel, if you looked at the 
legislative history both in committee and on the floor, that would have 
been clear.
  Our bill, which reflects a collaborative effort with the majority and 
minority, as well as with OPM and employee groups such as the National 
Federation of Federal Employees, clarifies the intent, I hope, once and 
for all.
  The barrier to merit promotion faced by our temporary seasonal 
employees demoralizes the dedicated and courageous corps that serves in 
land management agencies, contributes to increased attrition, and 
ultimately leads to higher training costs and a less-experienced, 
capable workforce.
  Last year, Mr. Speaker, a record 10 million acres burned across these 
United States, about 4 million more than average. In Arizona alone, 294 
fires burned in the first quarter of this

[[Page H3480]]

year, double that of the same period last year. Our country cannot 
afford to degrade its wildland firefighting and emergency response 
capabilities.
  An individual that successfully competes for a vacant permanent 
position--we are not creating new ones--under the clarified intent of 
this bill would, upon appointment, become a career-conditional 
employee--unless the employee had otherwise completed service 
requirements for career tenure--and acquire competitive status upon 
appointment.

  H.R. 4906 defines land management agencies to include the Forest 
Service, Bureau of Land Management, National Park Service, Fish and 
Wildlife Service, Bureau of Reclamation, and Bureau of Indian Affairs.
  The legislative fix will finally give temporary seasonal firefighters 
and other land management temporary seasonal employees the chance to 
compete for vacant permanent positions, seasonal or full-time, under 
the same merit promotion procedures available to other Federal 
employees.
  Last year, I stated that our bipartisan bill was consistent with 
OPM's support for the concept that ``long-term temporaries who have 
demonstrated their abilities on the job should not have to compete with 
the public for permanent vacancies.''
  Despite their misinterpretation of H.R. 1531, the original land 
management bill, I remain confident OPM still supports that sentiment.
  In closing, I strongly urge my colleagues to support the bipartisan 
Land Management Workforce Flexibility Act, ensuring that our Nation's 
hardworking, temporary, seasonal employees may compete to serve the 
American people on a permanent basis, if they so choose. That will 
improve government efficiency and effectiveness and, I believe, provide 
a safety valve when it comes to the fire season out west. But it is 
simply the right thing to do, in the final analysis, on behalf of this 
dedicated workforce.
  Mr. Speaker, I yield back the balance of my time.
  Mr. RUSSELL. Mr. Speaker, I urge the adoption of the bill.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oklahoma (Mr. Russell) that the House suspend the rules 
and pass the bill, H.R. 4906.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. RUSSELL. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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