II Calendar No. 271 115th CONGRESS 1st Session S. 1886 [Report No. 115–189] IN THE SENATE OF THE UNITED STATES September 28, 2017 Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs December 1, 2017 Reported by Mr. Johnson , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To amend subchapter I of chapter 31 of title 5, United States Code, to authorize agencies to make noncompetitive temporary and term appointments in the competitive service.

1. Short title This Act may be cited as the Temporary and Term Appointments Act of 2017 . 2. Noncompetitive temporary and term appointments in the competitive service (a) Temporary and term appointments Subchapter I of chapter 31 of title 5, United States Code, is amended by adding at the end the following: 3115. Temporary and term appointments (a) Definitions In this section: (1) Director The term Director means the Director of the Office of Personnel Management. (2) Temporary appointment The term temporary appointment means an appointment in the competitive service for a period of not more than 1 year. (3) Term appointment The term term appointment means an appointment in the competitive service for a period of more than 1 year and not more than 5 years. (b) Appointment (1) In general The head of an agency may make a temporary appointment or term appointment to a position in the competitive service when the need for the services of the employee is not permanent. (2) Extension Under conditions prescribed by the Director, the head of an agency may— (A) extend a temporary appointment made under paragraph (1) to be for a period of not more than 2 years; and (B) extend a term appointment made under paragraph (1) to be for a period of not more than 5 years. (c) Appointments for critical hiring needs Under conditions prescribed by the Director, the head of an agency may make a noncompetitive temporary appointment, or a noncompetitive term appointment for a period of not more than 18 months, to a position in the competitive service for which a critical hiring need exists, without regard to the requirements of sections 3327 and 3330. An appointment made under this subsection may not be extended. (d) Regulations The Director may prescribe regulations to carry out this section, but is not required to promulgate regulations prior to implementation of this section. (e) Special provision regarding the department of defense Nothing in this section shall preclude the Secretary of Defense from making temporary and term appointments in the competitive service pursuant to section 1105 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580; Public Law 114–328 ; 130 Stat. 2447), and any regulations prescribed by the Director for the administration of this section shall not apply to the Secretary of Defense in the exercise of the authorities granted under such section 1105. . (b) Clerical amendment The table of sections for chapter 31 of title 5, United States Code, is amended by inserting after the item relating to section 3114 the following: 3115. Temporary and term appointments. .

1. Short title This Act may be cited as the Temporary and Term Appointments Act of 2017 . 2. Noncompetitive temporary and term appointments in the competitive service (a) Temporary and term appointments Subchapter I of chapter 31 of title 5, United States Code, is amended by adding at the end the following: 3115. Temporary and term appointments (a) Definitions In this section: (1) Director The term Director means the Director of the Office of Personnel Management. (2) Temporary appointment The term temporary appointment means an appointment in the competitive service for a period of not more than 1 year. (3) Term appointment The term term appointment means an appointment in the competitive service for a period of more than 1 year and not more than 5 years. (b) Appointment (1) In general The head of an agency may make a temporary appointment or term appointment to a position in the competitive service when the need for the services of the employee services is not permanent. (2) Extension Under conditions prescribed by the Director, the head of an agency may— (A) extend a temporary appointment made under paragraph (1) in increments of not more than 1 year, up to a maximum of 3 total years of service; and (B) extend a term appointment made under paragraph (1) in increments determined appropriate by the head of the agency, up to a maximum of 6 total years of service. (c) Appointments for critical hiring needs Under conditions prescribed by the Director, the head of an agency may make a noncompetitive temporary appointment, or a noncompetitive term appointment for a period of not more than 18 months, to a position in the competitive service for which a critical hiring need exists, without regard to the requirements of sections 3327 and 3330. An appointment made under this subsection may not be extended. (d) Regulations The Director may prescribe regulations to carry out this section, but is not required to promulgate regulations prior to implementation of this section. (e) Special provision regarding the department of defense Nothing in this section shall preclude the Secretary of Defense from making temporary and term appointments in the competitive service pursuant to section 1105 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580; Public Law 114–328 ; 130 Stat. 2447), and any regulations prescribed by the Director for the administration of this section shall not apply to the Secretary of Defense in the exercise of the authorities granted under such section 1105. . (b) Clerical amendment The table of sections for chapter 31 of title 5, United States Code, is amended by inserting after the item relating to section 3114 the following: 3115. Temporary and term appointments. .

December 1, 2017 Reported with an amendment