[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Page S7555]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4101. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. 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 5 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) 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.--Under conditions prescribed by the 
     Director, 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.--Subject to paragraph (2), 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).
       ``(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.''.
                                 ______