```

[House Report 114-601]
[From the U.S. Government Publishing Office]

114th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      114-601

======================================================================
 
  AMENDING 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

                                _______
                                

  May 31, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Chaffetz, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4906]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred 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, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     2
Section-by-Section...............................................     3
Explanation of Amendments........................................     3
Committee Consideration..........................................     3
Application of Law to the Legislative Branch.....................     3
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     3
Statement of General Performance Goals and Objectives............     3
Duplication of Federal Programs..................................     4
Disclosure of Directed Rule Makings..............................     4
Federal Advisory Committee Act...................................     4
Unfunded Mandate Statement.......................................     4
Earmark Identification...........................................     4
Committee Estimate...............................................     4
Budget Authority and Congressional Budget Office Cost Estimate...     4
Changes in Existing Law Made by the Bill, as Reported............     5

                     Committee Statement and Views

                          PURPOSE AND SUMMARY

    H.R. 4906 amends title 5 to clarify the eligibility of 
employees at a federal land management agency in a time-limited 
appointment to compete for a permanent appointment at any 
federal agency.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Land Management Workforce Flexibility Act of 2015 (P.L. 
114-47) removed a barrier to the career advancement 
opportunities of temporary seasonal employees of federal land 
management agencies. For example, many of the government's 
federal firefighters work on a temporary basis battling Western 
wildfires and gain valuable experience as they return each 
season. However, before P.L. 114-47 regardless of how many 
seasons served, these experienced employees could not compete 
for full-time, permanent jobs under the merit promotion 
procedures available to other federal employees.
    The intent of the Land Management Workforce Flexibility Act 
was to allow land management agencies to fully consider the 
applications from long-serving, experienced temporary seasonal 
employees when they identify the need for a permanent employee. 
Unfortunately, recent guidance from the Office of Personnel 
Management (OPM) limits the ability of temporary seasonal land 
management employees to compete for permanent positions. OPM's 
guidance provides that temporary employees are only eligible to 
compete as an internal candidate for positions open at their 
own agency, thus these employees would not be able to apply for 
positions open to all federal employees at other agencies.
    Since OPM's guidance severely limits temporary seasonal 
employees' ability to compete for permanent jobs, H.R. 4906 
makes a technical correction to P.L. 114-47 that removes the 
restrictions imposed by OPM's recent guidance. Specifically, 
H.R. 4906 clarifies Congress' original intent that temporary 
seasonal employees of land management agencies are subject to 
the same area of consideration for vacant permanent positions 
under merit promotion procedures that apply to other federal 
employees at the same agency that employs the temporary 
seasonal individual.
    H.R. 4906 ensures that long-serving temporary seasonal 
employees will be afforded with permanent opportunities. H.R. 
4906 also makes it clear that for purposes of the Act, eligible 
former employees are deemed to be employees of the agency from 
which they were most recently separated.

                          LEGISLATIVE HISTORY

    H.R. 4906 was introduced on April 12, 2016, by Congressman 
Gerald Connolly (D-VA) and referred to the Committee on 
Oversight and Government Reform. Representative Mark Meadows 
(R-NC) is an original cosponsor.
    On April 14, 2016, the Committee ordered H.R. 4906 
favorably reported, without amendment, by voice vote.

                           Section-by-Section

Section 1. Eligibility of employees in a time-limited appointment to 
        compete for a permanent appointment at any federal agency

    Makes a technical amendment to 5 U.S.C. Sec. 9602 to 
clarify that employees of a land management agency in a time-
limited appointment are eligible to compete for merit promotion 
vacancies that are open to other federal employees at the same 
agency.
    Specifies that eligible former employees who served under a 
time-limited appointment and otherwise meet the requirements of 
this section are deemed to be time-limited employees of the 
agency from which they were most recently separated.

                       Explanation of Amendments

    No amendments were offered during Full Committee 
consideration of H.R. 4906.

                        Committee Consideration

    On April 14, 2016, the Committee met in open session and 
ordered reported favorably the bill, H.R. 4906, by voice vote, 
a quorum being present.

                            ROLL CALL VOTES

    No roll call votes were requested or conducted during the 
Full Committee consideration of H.R. 4906.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill clarifies the eligibility of employees of a land 
management agency in a time-limited appointment to compete for 
permanent appointment at any federal agency. As such this bill 
does relate to employment or access to public services and 
accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of Rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goal and objective is 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.

                    Duplication of Federal Programs

    No provision of this bill establishes or reauthorizes a 
program of the federal government known to be duplicative of 
another federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting this bill does not 
direct the completion of any specific rule makings within the 
meaning of 5 U.S.C. 551.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement, the Committee 
has received a letter from the Congressional Budget Office 
included herein.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           Committee Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
this bill. However, clause 3(d)(2)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for this bill from the Director of 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 3, 2016.
Hon. Jason Chaffetz,
Chairman, Committee on Oversight and Government Reform, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4906, a bill 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 permanent appointment at any Federal 
agency, and for other purposes.
    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.

H.R. 4906--A bill 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

    H.R. 4906 would amend federal law to allow individuals 
serving as temporary employees of federal land management 
agencies to compete for permanent positions with any agency 
under internal procedures for merit promotions. Under current 
law those temporary employees can compete for permanent 
positions at federal land management agencies but they cannot 
apply using procedures for merit promotions.
    Information from the Office of Personnel Management 
indicates that while the legislation would expand the pool of 
people eligible to be hired, it would not change the total 
number of jobs available or the salaries paid to employees. On 
that basis, CBO estimates that implementing the legislation 
would have no effect on the federal budget. Because enacting 
the bill would not affect direct spending or revenues, pay-as-
you-go procedures do not apply.
    CBO estimates that enacting H.R. 4906 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 4906 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *
PART III--EMPLOYEES

           *       *       *       *       *       *       *

SUBPART I--MISCELLANEOUS

           *       *       *       *       *       *       *

    CHAPTER 96--PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT 
AGENCIES

           *       *       *       *       *       *       *

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] 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 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 of the agency from which the former employee was most 
recently separated 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.

           *       *       *       *       *       *       *

                                  [all]
```