II 

117TH CONGRESS 

2D SESSION S. 4027 

To amend title 5, United States Code, to provide flexibility for temporary 

and term appointments in the competitive service, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7, 2022 

Mr. LANKFORD (for himself and Mr. BRAUN) 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 flexibility 

for temporary and term appointments in the competitive 

service, 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 ‘‘Inspired to Serve Hir5 ing Improvements Act’’. 


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1 SEC. 2. FLEXIBILITY FOR TEMPORARY AND TERM APPOINT2 MENTS. 

3 (a) TEMPORARY AND TERM APPOINTMENTS.—Sub4 chapter I of chapter 31 of title 5, United States Code, 

5 is amended by adding at the end the following: 

6 ‘‘§ 3117. Temporary and term appointments 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) DIRECTOR.—The term ‘Director’ means 

9 the Director of the Office of Personnel Management. 

10 ‘‘(2) TEMPORARY APPOINTMENT.—The term 

11 ‘temporary appointment’ means an appointment in 

12 the competitive service for a period of not more than 

13 1 year. 

14 ‘‘(3) TERM APPOINTMENT.—The term ‘term 

15 appointment’ means an appointment in the competi16 tive service for a period of more than 1 year and not 

17 more than 10 years. 

18 ‘‘(b) APPOINTMENT.— 

19 ‘‘(1) IN GENERAL.—The head of an Executive 

20 agency may make a temporary appointment or term 

21 appointment to a position in the competitive service 

22 when the need for the services of an employee in the 

23 position is not permanent. 

24 ‘‘(2) EXTENSION.—Under conditions prescribed 

25 by the Director, the head of an Executive agency 

26 may— 


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1 ‘‘(A) extend a temporary appointment 

2 made under paragraph (1) in increments of not 

3 more than 1 year each, up to a maximum of 3 

4 total years of service; and 

5 ‘‘(B) extend a term appointment made 

6 under paragraph (1), the initial period of which 

7 is less than 6 years, in increments determined 

8 appropriate by the head of the Executive agen9 cy, up to a maximum of 6 total years of service. 

10 ‘‘(c) APPOINTMENTS FOR CRITICAL HIRING

11 NEEDS.— 

12 ‘‘(1) IN GENERAL.—The head of an Executive 

13 agency may make a noncompetitive temporary ap14 pointment, or a noncompetitive term appointment 

15 for a period of not more than 18 months, to a posi16 tion in the competitive service for which a critical 

17 hiring need exists, as determined under section 

18 3304, without regard to the requirements of sections 

19 3327 and 3330. 

20 ‘‘(2) NO EXTENSIONS.—An appointment made 

21 under paragraph (1) may not be extended. 

22 ‘‘(d) REGULATIONS.— 

23 ‘‘(1) IN GENERAL.—During the 1-year period 

24 beginning on the date of enactment of this section, 


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1 and subject to paragraphs (2) and (3), the Director 

2 may prescribe regulations to carry out this section. 

3 ‘‘(2) APPLICATION.—Any regulations prescribed 

4 by the Director for the administration of this section 

5 shall not apply to the Secretary of Defense in the ex6 ercise of the authorities granted under section 1105 

7 of the National Defense Authorization Act for Fiscal 

8 Year 2017 (Public Law 114–328; 130 Stat. 2447). 

9 ‘‘(3) REPORTING.—With respect to any regula10 tion prescribed by the Director under this sub11 section, the Director shall brief the appropriate com12 mittees of Congress with respect to the regulation 

13 not later than 30 days before the date on which the 

14 final version of the regulation is published. 

15 ‘‘(e) SPECIAL PROVISION REGARDING THE DEPART16 MENT OF DEFENSE.—Nothing in this section shall pre17 clude the Secretary of Defense from making temporary 

18 and term appointments in the competitive service pursu19 ant to section 1105 of the National Defense Authorization 

20 Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 

21 2447). 

22 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec23 tion may be construed to affect the authorities granted 

24 under section 3109.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of sec2 tions for subchapter I of chapter 31 of title 5, United 

3 States Code, is amended by inserting after the item relat4 ing to section 3116 the following: 

‘‘3117. Temporary and term appointments.’’. 

5 SEC. 3. CRITERIA FOR GRANTING DIRECT-HIRE AUTHORITY 

6 TO AGENCIES. 

7 Section 3304(a)(3)(B) of title 5, United States Code, 

8 is amended by striking ‘‘shortage of candidates’’ and all 

9 that follows through ‘‘highly qualified candidates)’’ and in10 serting ‘‘shortage of highly qualified candidates’’. 

11 SEC. 4. EXPEDITED HIRING AUTHORITY. 

12 (a) EXPEDITED HIRING AUTHORITY FOR COLLEGE

13 GRADUATES.—Section 3115(e)(1) of title 5, United States 

14 Code, is amended by striking ‘‘15 percent’’ and inserting 

15 ‘‘25 percent’’. 

16 (b) EXPEDITED HIRING AUTHORITY FOR POST-SEC17 ONDARY STUDENTS.—Section 3116(d)(1) of title 5, 

18 United States Code, is amended by striking ‘‘15 percent’’ 

19 and inserting ‘‘25 percent’’. 

Æ 


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