II 

114TH CONGRESS 

1ST SESSION S. 1522 

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 8, 2015 

Mr. JOHNSON 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’’. 


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

3 ‘‘(a) Notwithstanding chapter 33 or any other provi4 sion of law relating to the examination, certification, and 

5 appointment of individuals in the competitive service, an 

6 employee of a land management agency serving under a 

7 time-limited appointment in the competitive service shall 

8 be eligible to compete for a permanent appointment in the 

9 competitive service at any land management agency or any 

10 other agency (as defined in section 101 of title 31) under 

11 the internal merit promotion procedures of the applicable 

12 agency if— 

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

14 open, competitive examination under subchapter I of 

15 chapter 33 to the time-limited appointment; 

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 of performance throughout the pe22 riod or periods (as the case may be) referred to in 

23 paragraph (2). 

24 ‘‘(b) In determining the eligibility of a time-limited 

25 employee under this section to be examined for or ap26 pointed in the competitive service, the Office of Personnel 


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1 Management or other examining agency shall waive re2 quirements as to age, unless the requirement is essential 

3 to the performance of the duties of the position. 

4 ‘‘(c) An individual appointed under this section— 

5 ‘‘(1) shall become a career-conditional em6 ployee, unless the employee has otherwise completed 

7 the service requirements for career tenure; and 

8 ‘‘(2) shall acquire competitive status upon ap9 pointment. 

10 ‘‘(d) A former employee of a land management agen11 cy who served under a time-limited appointment and who 

12 otherwise meets the requirements of this section shall be 

13 deemed a time-limited employee for purposes of this sec14 tion if— 

15 ‘‘(1) such employee applies for a position cov16 ered by this section within the period of 2 years 

17 after the most recent date of separation; and 

18 ‘‘(2) such employee’s most recent separation 

19 was for reasons other than misconduct or perform20 ance. 

21 ‘‘(e) The Office of Personnel Management shall pre22 scribe such regulations as may be necessary to carry out 

23 this section.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for part 

2 III of title 5, United States Code, is amended by inserting 

3 after the item for chapter 95 the following: 

‘‘96. Personnel flexibilities relating to land management 

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

Æ 


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