I 
113TH CONGRESS 
1ST SESSION 
H. R. 533 
To provide authorities for the appropriate conversion of temporary seasonal 
wildland firefighters and other temporary seasonal employees in Federal 
land management agencies who perform regularly recurring seasonal 
work to permanent seasonal positions. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 6, 2013 
Mr. CONNOLLY (for himself and Mr. YOUNG of Alaska) introduced the fol-
lowing bill; which was referred to the Committee on Oversight and Gov-
ernment Reform 
A BILL 
To provide authorities for the appropriate conversion of tem-
porary seasonal wildland firefighters and other temporary 
seasonal employees in Federal land management agencies 
who perform regularly recurring seasonal work to perma-
nent seasonal positions. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Land Management 
Workforce Flexibility Act’’. 
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SEC. 2. PERSONNEL FLEXIBILITIES RELATING TO LAND 
MANAGEMENT AGENCIES. 
(a) IN GENERAL.—Subpart I of part III of title 5, 
United States Code, is amended by inserting after chapter 
95 the following: 
‘‘CHAPTER 
96—PERSONNEL 
FLEXIBILI-
TIES RELATING TO LAND MANAGE-
MENT AGENCIES 
‘‘Sec. 
‘‘9601. Definition. 
‘‘9602. Competitive service; time-limited appointments. 
‘‘§ 9601. Definition 
‘‘For purposes of this chapter, the term ‘land man-
agement agency’ means— 
‘‘(1) the Forest Service of the Department of 
Agriculture; 
‘‘(2) the Bureau of Land Management of the 
Department of the Interior; 
‘‘(3) the National Park Service of the Depart-
ment of the Interior; 
‘‘(4) the Fish and Wildlife Service of the De-
partment of the Interior; 
‘‘(5) the Bureau of Indian Affairs of the De-
partment of the Interior; and 
‘‘(6) the Bureau of Reclamation of the Depart-
ment of the Interior. 
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‘‘§ 9602. Competitive service; time-limited appoint-
ments 
‘‘(a) Notwithstanding chapter 33 or any other provi-
sion 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 eli-
gible to compete for a permanent appointment in the com-
petitive service under that agency’s merit promotion proce-
dures if— 
‘‘(1) such individual was appointed initially 
under open, competitive examination under sub-
chapter I of chapter 33 to the time-limited appoint-
ment; 
‘‘(2) the employee has served under 1 or more 
time-limited appointments by such agency for a pe-
riod or periods totaling not less than 24 months 
without an intervening break of 2 or more years; 
and 
‘‘(3) the employee’s performance has been at an 
acceptable level of performance throughout the pe-
riod or periods (as the case may be) referred to in 
paragraph (2). 
‘‘(b)(1) For purposes of this subsection, the term 
‘successor permanent position’ means, with respect to a 
time-limited position, a permanent position in the competi-
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tive service with the same or substantially similar major 
duties and qualification requirements in the same major 
subdivision of the same agency as the time-limited posi-
tion. 
‘‘(2) Notwithstanding chapter 33 or any other provi-
sion 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 shall 
be offered any successor permanent position that the agen-
cy decides to fill and, upon his or her concurrence, be ap-
pointed to such position if— 
‘‘(A) such individual was appointed initially 
under open, competitive examination under sub-
chapter I of chapter 33 to the time-limited appoint-
ment; 
‘‘(B)(i) the job announcement for the time-lim-
ited position stated that there was potential for the 
position to become permanent; or 
‘‘(ii) the employee’s first time-limited appoint-
ment by such agency occurred before the date of en-
actment of this chapter; 
‘‘(C) the employee has served under a time-lim-
ited appointment or appointments in a position or 
positions in such agency with the same or substan-
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tially similar major duties and qualification require-
ments as the successor permanent position for a pe-
riod or periods totaling not less than 24 months 
without an intervening break of 2 or more years; 
and 
‘‘(D) 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 subparagraph (C). 
‘‘(3) If 2 or more employees are eligible for conver-
sion under this subsection, then any preference eligible 
veterans shall be given priority. 
‘‘(4) If 2 or more employees have equal priority for 
conversion under this subsection, then placement shall be 
determined by competitive procedures consistent with 
merit system principles. 
‘‘(c) An employee selected or converted under this 
section becomes a career-conditional employee, unless the 
employee has otherwise completed the service require-
ments for career tenure. 
‘‘(d) An employee appointed under this section ac-
quires competitive status upon appointment. 
‘‘(e) The provisions of this section shall apply with 
respect to time-limited employees who have been separated 
for reasons other than misconduct or unacceptable per-
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formance. For such a separated employee, the provisions 
of this chapter shall apply as if such separated employee 
occupied the time-limited position from which such em-
ployee was most recently separated. An agency shall be 
deemed to have met its obligation under this section if no-
tice is sent to the last known address of such individual 
21 or more days before a successor permanent position 
for which he or she is eligible is filled. 
‘‘(f) For purposes of this section, time-limited ap-
pointments include temporary appointments and term ap-
pointments, as defined by the Office of Personnel Manage-
ment. 
‘‘(g) The Office of Personnel Management shall pre-
scribe such regulations as may be necessary to carry out 
this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for part 
III of title 5, United States Code, is amended by inserting 
after the item for chapter 95 the following: 
‘‘96. Personnel flexibilities relating to land management 
agencies ..................................................................... 9601’’. 
Æ 
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