II 

114TH CONGRESS 

1ST SESSION S. 1591 

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. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2015 

Mr. TESTER (for himself and Mrs. MCCASKILL) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Land Management 

5 Workforce Flexibility Act of 2015’’. 


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1 SEC. 2. PERSONNEL FLEXIBILITIES RELATING TO LAND 

2 MANAGEMENT AGENCIES. 

3 (a) IN GENERAL.—Subpart I of part III of title 5, 

4 United States Code, is amended by inserting after chapter 

5 95 the following: 

6 ‘‘CHAPTER 96—PERSONNEL FLEXIBILI7 TIES RELATING TO LAND MANAGE8 MENT AGENCIES 

‘‘Sec. 

‘‘9601. Definitions. 

‘‘9602. Competitive service; time-limited appointments. 

9 ‘‘§ 9601. Definitions 

10 ‘‘For purposes of this chapter— 

11 ‘‘(1) the term ‘land management agency’ 

12 means— 

13 ‘‘(A) the Forest Service; 

14 ‘‘(B) the Bureau of Land Management; 

15 ‘‘(C) the National Park Service; 

16 ‘‘(D) the United States Fish and Wildlife 

17 Service; 

18 ‘‘(E) the Bureau of Indian Affairs; and 

19 ‘‘(F) the Bureau of Reclamation; and 

20 ‘‘(2) the term ‘time-limited appointment’ in21 cludes a temporary appointment and a term appoint22 ment, as defined by the Office of Personnel Manage23 ment. 


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•S 1591 IS

1 ‘‘§ 9602. Competitive service; time-limited appoint2 ments 

3 ‘‘(a) IN GENERAL.—Notwithstanding chapter 33 or 

4 any other provision of law relating to the examination, cer5 tification, and appointment of individuals in the competi6 tive service, an employee of a land management agency 

7 serving under a time-limited appointment in the competi8 tive service shall be eligible to compete for a permanent 

9 appointment in the competitive service at any land man10 agement agency or any other agency (as defined in section 

11 101 of title 31) under the internal merit promotion proce12 dures of the applicable agency if— 

13 ‘‘(1) the employee was initially appointed to the 

14 time-limited appointment under open, competitive 

15 examination under subchapter I of chapter 33; 

16 ‘‘(2) the employee has served under 1 or more 

17 time-limited appointments by a land management 

18 agency for a period or periods totaling more than 24 

19 months without a break of 2 or more years; and 

20 ‘‘(3) the employee’s performance has been at an 

21 acceptable level throughout the period or periods (as 

22 the case may be) referred to in paragraph (2). 

23 ‘‘(b) ELIGIBILITY.—In determining the eligibility of 

24 a time-limited employee under this section to be examined 

25 for or appointed to a position in the competitive service, 

26 the Office of Personnel Management or other examining 


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1 agency shall waive any requirement as to age, unless the 

2 requirement is essential to the performance of the duties 

3 of the position. 

4 ‘‘(c) EFFECTS OF APPOINTMENT.—An individual, 

5 upon appointment under this section, shall— 

6 ‘‘(1) become a career-conditional employee, un7 less the employee has otherwise completed the serv8 ice requirements for career tenure; and 

9 ‘‘(2) acquire competitive status. 

10 ‘‘(d) FORMER EMPLOYEES.—A former employee of a 

11 land management agency who served under a time-limited 

12 appointment and otherwise meets the requirements under 

13 this section shall be deemed to be an employee of a land 

14 management agency serving under a time-limited appoint15 ment for purposes of this section if— 

16 ‘‘(1) the former employee applies for a position 

17 covered under this section not later than 2 years 

18 after the date of the former employee’s most recent 

19 separation from a land management agency at which 

20 the former employee served under a time-limited ap21 pointment; and 

22 ‘‘(2) the separation referred to in paragraph (1) 

23 was for reasons other than misconduct or perform24 ance. 


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1 ‘‘(e) REGULATIONS.—The Office of Personnel Man2 agement shall prescribe any regulations that are necessary 

3 to carry out this section.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

5 The table of chapters for part III of title 5, United States 

6 Code, is amended by inserting after the item relating to 

7 chapter 95 the following: 

‘‘96. Personnel flexibilities relating to land management 

agencies ..................................................................... 9601’’. 

Æ 


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