[114th Congress Public Law 47]
[From the U.S. Government Publishing Office]



[[Page 129 STAT. 485]]

Public Law 114-47
114th Congress

                                 An Act


 
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. <<NOTE: Aug. 7, 2015 -  [H.R. 1531]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Land Management 
Workforce Flexibility Act. 5 USC 101 note.>> 
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 <<NOTE: 5 USC 9601 prec.>>  96--PERSONNEL FLEXIBILITIES 
RELATING TO LAND MANAGEMENT AGENCIES

``Sec.
``9601. Definitions.
``9602. Competitive service; time-limited appointments.

``Sec. 9601. <<NOTE: 5 USC 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. <<NOTE: 5 USC 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

[[Page 129 STAT. 486]]

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) <<NOTE: Waiver authority.>>  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) <<NOTE: Deadline. Time period.>>  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) <<NOTE: Regulations.>>  The Office of Personnel Management 
shall prescribe such regulations as may be necessary to carry out this 
section.''.

[[Page 129 STAT. 487]]

    (b) Clerical Amendment.--The analysis for part III of title 5, 
United States Code, <<NOTE: 5 USC prec. 2101.>>  is amended by inserting 
after the item for chapter 95 the following:

``96. Personnel flexibilities relating to land management agencie9601''.

    Approved August 7, 2015.

LEGISLATIVE HISTORY--H.R. 1531:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-182 (Comm. on Oversight and Government Reform).
CONGRESSIONAL RECORD, Vol. 161 (2015):
            July 7, considered and passed House.
            Aug. 5, considered and passed Senate.

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