U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

79–010 

" ! SENATE 115TH CONGRESS

1st Session 

REPORT

2017

115–189 

Calendar No. 271 

TEMPORARY AND TERM APPOINTMENTS 

ACT OF 2017 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 1886 

TO AMEND SUBCHAPTER 1 OF CHAPTER 31 OF TITLE 5, UNITED 

STATES CODE, TO AUTHORIZE AGENCIES TO MAKE NONCOMPETITIVE TEMPORARY AND TERM APPOINTMENTS IN THE 

COMPETITIVE SERVICE 

DECEMBER 1, 2017.—Ordered to be printed 


congress.#13
(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

RON JOHNSON, Wisconsin, Chairman 

JOHN MCCAIN, Arizona 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JAMES LANKFORD, Oklahoma 

MICHAEL B. ENZI, Wyoming 

JOHN HOEVEN, North Dakota 

STEVE DAINES, Montana 

CLAIRE MCCASKILL, Missouri 

THOMAS R. CARPER, Delaware 

JON TESTER, Montana 

HEIDI HEITKAMP, North Dakota 

GARY C. PETERS, Michigan 

MAGGIE HASSAN, New Hampshire 

KAMALA D. HARRIS, California 

CHRISTOPHER R. HIXON, Staff Director 

GABRIELLE D’ADAMO SINGER, Chief Counsel 

COURTNEY J. ALLEN, Counsel 

MARGARET E. DAUM, Minority Staff Director 

STACIA M. CARDILLE, Minority Chief Counsel 

CHARLES A. MOSKOWITZ, Minority Senior Legislative Counsel 

KATHERINE C. SYBENGA, Minority Counsel 

LAURA W. KILBRIDE, Chief Clerk 

Calendar No. 271 

115TH CONGRESS SENATE REPORT " ! 1st Session 115–189 

TEMPORARY AND TERM APPOINTMENTS ACT OF 2017 

DECEMBER 1, 2017.—Ordered to be printed 

Mr. JOHNSON, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany S. 1886] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (S. 1886) to amend subchapter I of 

chapter 31 of title 5, United States Code, to authorize agencies to 

make noncompetitive temporary and term appointments in the 

competitive service, having considered the same, reports favorably 

thereon with an amendment in the nature of a substitute and recommends that the bill, as amended, do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 2 

III. Legislative History ......................................................................................... 3 

IV. Section-by-Section Analysis .......................................................................... 3 

V. Evaluation of Regulatory Impact .................................................................. 4 

VI. Congressional Budget Office Cost Estimate ................................................ 4 

VII. Changes in Existing Law Made by the Bill, as Reported ........................... 5 

I. PURPOSE AND SUMMARY

The purpose of S. 1886, the Temporary and Term Appointments 

Act of 2017, is to provide flexibility for Federal agencies to hire employees to temporary or term appointments when a permanent employee for the position is not needed. This bill would also allow 

Federal agencies to extend these appointments if needed, as well 

as to make noncompetitive temporary or term appointments if 

there is a critical hiring need for the position. 

2 

1 5 U.S.C. § 2102. 

2 5 U.S.C. § 3304(a)(1). See also 5 C.F.R. § 332. 3 5 U.S.C. § 3304a. See also 5 C.F.R. § 315.201. 4 5 U.S.C. § 3302. 

5 5 U.S.C. § 3304(a)(3). 

6See 5 C.F.R. § 316. 7 5 C.F.R. § 316.302; 5 C.F.R. § 316.402. 

8 5 C.F.R. § 316.401. 

9 5 C.F.R. § 316.401(d)(1). 

10 5 C.F.R. § 316.401(c)(2). 11 U.S. Gov’t Accountability Office, Federal Hiring: OPM Needs to Improve Management and 

Oversight of Hiring Authorities, GAO–16–521, 9, 11 (Aug. 2016), available at http:// 

www.gao.gov/assets/680/678814.pdf. 12 5 C.F.R. § 316.301(a). 

II. BACKGROUND AND THE NEED FOR LEGISLATION

When a Federal agency is seeking to hire an employee for a certain position, unless there is an exception in statute, the agency 

must hire the employee through the competitive service process.1

The competitive service process is open to all individuals who apply 

for a Federal employment position, and to be hired, an individual 

must pass an examination that is ‘‘practical in character and as far 

as possible relate[s] to matters that fairly test the relative capacity 

and fitness of the applicants for the [position] sought.’’ 2 If an individual is hired to a competitive service position, unless otherwise 

notified, the position is for a permanent career appointment after 

the employee has completed three years of continuous service.3

While Federal employees are, generally, intended to be hired in 

the competitive service to career appointments, Federal law and 

regulations allow Federal agencies to make exceptions to competitive service hiring.4 One such exception allows agencies to make a 

noncompetitive appointment when there is a critical hiring need or 

severe shortage of highly qualified candidates.5 Another exception 

is for temporary or term appointments.6 Agencies can make temporary or term appointments on a competitive or noncompetitive 

basis.7 Federal regulation allows an agency to make a temporary 

appointment to fill a short-term position that is not expected to last 

longer than one year, to meet an employment need that is scheduled to end within two years, or to fill positions on a temporary 

basis when the positions are expected to be needed for placement 

of permanent employees who would otherwise be displaced from 

other parts of the agency.8

Agencies can also make and extend temporary appointments for 

intermittent or seasonal work.9 If a position was previously filled 

by a temporary appointment for an aggregate of two years within 

the previous three-year period, then the agency cannot use a temporary appointment to fill that position.10 In fiscal year 2014, 8,344 

individuals were serving under temporary appointments based on 

prior temporary service, and 1,688 individuals were serving under 

noncompetitive temporary appointments in positions with a critical 

hiring need, with a time limitation of 30 days with one 30-day extension permitted.11

Federal regulation also allows agencies to make term appointments when the need for the position is not permanent.12 Agencies 

can use term appointments when a position is for work on a specific project or to assist with an extraordinary workload; when the 

position is scheduled to be subject to termination, reorganization, 

or contracted out; when there is uncertainty regarding future funding for the position; or there is a need to maintain permanent posiVerDate Sep 11 2014 03:33 Dec 05, 2017 Jkt 079010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR189.XXX SR189
3 

13 Id. 14 Id. 15 Id. at § 301(b). 16 National Defense Authorization Act of 2017, Pub. L. No. 114–328, § 1105, 130 Stat. 2000, 

2447 (2016). 17S. Rep. 114–255, at 293 (2016). 18 National Defense Authorization Act of 2017, Pub. L. No. 114–328, § 1105, 130 Stat. 2000, 

2447 (2016). 19 Id. at § 1105(b). 

tions for the placement of employees who would otherwise be displaced from other parts of the agency.13 Term appointments must 

be for a period of more than one year but not more than four 

years.14 The Office of Personnel Management may authorize an 

agency to extend a term appointment past the four-year time 

limit.15

Department of Defense (DOD) personnel were granted statutory 

authority to make temporary and term appointments in 2016.16

Congress provided this authority ‘‘to allow the [DOD] to develop 

more strategic outreach efforts to recruit the talent needed to address a critical hiring need.’’ 17 This authority allows DOD to make 

a temporary appointment for up to one year and a term appointment for at least one year and no more than five years, unless a 

longer time period is authorized by the Secretary of DOD.18 DOD 

is also authorized to make noncompetitive temporary and term appointments for no more than 18 months when there is a critical 

hiring need.19

This bill would codify the Federal regulations that allow agencies 

Government-wide to hire individuals for temporary or term appointments when there is no permanent need for the job position, 

putting the rest of the Government on par with the DOD. This bill 

would also extend the time periods currently permitted under regulation for temporary appointments up to three years total and up 

to five years total for term appointments. Agencies would be able 

to make these appointments on a noncompetitive basis when there 

is critical hiring need for a non-permanent position. 

III. LEGISLATIVE HISTORY

S. 1886, the Temporary and Term Appointments Act of 2017, was 

introduced on September 28, 2017, by Senator James Lankford. 

The bill was referred to the Committee on Homeland Security and 

Governmental Affairs. The Committee considered S. 1886 at a business meeting on October 4, 2017. 

During the business meeting, Senator Lankford offered a modified substitute amendment that increased the time period limits for 

extensions to appointments made under this authority. The Committee adopted the amendment by voice vote and ordered the bill, 

as amended, reported favorably by voice vote en bloc with Senators 

Johnson, Lankford, Daines, McCaskill, Tester, Heitkamp, Hassan, 

and Harris present. Senators Harris and Hassan were recorded as 

voting ‘‘no’’ for the record. 

IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short title 

This section establishes the short title of the bill as the ‘‘Temporary and Term Appointments Act of 2017’’. 

4 

Section 2. Noncompetitive temporary and term appointments in the 

competitive service 

This section allows agencies to make temporary or term appointments when there is no permanent need for the position. A temporary appointment is defined as an appointment in the competitive service for a period of not more than one year. A term appointment is defined as an appointment in the competitive service for 

a period of more than one year and not more than five years. 

Under this section, a temporary appointment may be extended in 

increments of not more than one year, up to a total of three years 

of service. A term appointment may be extended in increments determined by the agency up to a total of six years of service. This 

section also permits agencies to make noncompetitive temporary or 

term appointments for a period of not more than 18 months to positions with a critical hiring need. 

The Director of the Office of Personnel Management may prescribe regulations for making these temporary and term appointments. 

This section also clarifies that the authority provided by this bill 

does not affect any authority previously given to DOD to make 

temporary and term appointments. 

V. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirements of paragraph 11(b) of rule XXVI of 

the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this bill and determined that the bill will 

have no regulatory impact within the meaning of the rules. The 

Committee agrees with the Congressional Budget Office’s statement that the bill contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act 

(UMRA) and would impose no costs on state, local, or tribal governments. 

VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

OCTOBER 27, 2017. 

Hon. RON JOHNSON, 

Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1886, the Temporary and 

Term Appointments Act of 2017. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

KEITH HALL. 

Enclosure. 

S. 1886—Temporary and Term Appointments Act of 2017 

S. 1886 would provide agencies with flexible hiring authorities 

for non permanent positions including time-limited employees 

(those who work for less than a year) and term appointments (employees who would work between one and five years). Agencies 

could use those authorities to staff projects and assignments with 

5 

limited durations. Because those authorities are already available 

to agencies under the Code of Federal Regulations and guidance 

from the Office of Personnel Management, CBO estimates there 

would be no budgetary effect from implementing S. 1886. 

Enacting S. 1886 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting S. 1886 would not increase direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2028. 

S. 1886 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Matthew Pickford. 

This estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows: (existing law proposed to be omitted 

is enclosed in brackets, new matter is printed in italic, and existing 

law in which no change is proposed is shown in roman): 

UNITED STATES CODE 

* * * * * * * 

TITLE 5—GOVERNMENT ORGANIZATION AND 

EMPLOYEES 

* * * * * * * 

PART III—EMPLOYEES 

* * * * * * * 

Subpart B—Employment and Retention 

* * * * * * * 

CHAPTER 31—AUTHORITY FOR EMPLOYMENT 

* * * * * * * 

Subchapter I—Employment Authorities 

* * * * * * * 

Table of Sections 

Sec. 

3101. General authority to employ 

3102. Employment of personal assistants for handicapped employees, including 

blind and deaf employees 

3103. Employment at seat of Government only for services rendered 

3104. Employment of specially qualified scientific and professional personnel 

3105. Appointment of administrative law judges 

3106. Employment of attorneys; restrictions 

3107. Employment of publicity experts; restrictions 

3108. Employment of detective agencies; restrictions 

3109. Employment of experts and consultants; temporary or intermittent 

3110. Employment of relatives; restrictions 

6 

Table of Sections 

3111. Acceptance of volunteer service 

3111a. Federal internship programs. 

3112. Disabled veterans; noncompetitive appointment 

3113. Restriction on reemployment after conviction of certain crimes 

3114. Appointment of candidates to certain positions in the competitive service by 

the Securities and Exchange Commission 

3115. Temporary and term appointments 

* * * * * * * 

SEC. 3115. 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 agency may make a temporary appointment or term appointment to a position in the 

competitive service when the need for the services of the employee services is not permanent. 

(2) EXTENSION.—Under conditions prescribed by the Director, 

the head of an agency may— 

(A) extend a temporary appointment made under paragraph (1) in increments of not more than 1 year; 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 

agency, up to a maximum of 6 total years of service. 

(c) APPOINTMENTS FOR CRITICAL HIRING NEEDS.—Under conditions prescribed by the Director, the head of an 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 services for which a critical hiring need exists, 

without regard to the requirements of sections 3327 and 3330. An 

appointment made under this subsection may not be extended. 

(d) REGULATIONS.—The Director may prescribe regulations to 

carry out this section, but is not required to promulgate regulations 

prior to implementation of this section. 

(e) SPECIAL PROVISION REGARDING THE DEPARTMENT OF DE- FENSE.—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 (10 U.S.C. note prec. 1580; 

Public Law 114–328; 130 Stat. 2447), and any regulations prescribed by the Director for the administration of this section shall 

not apply to the Secretary of Defense for the administration in the 

exercise of the authorities granted under such section 1105. 

* * * * * * * 

Æ