Land Management Workforce Flexibility Act

Bill: 114-hr-1531
Sponsor: full_name: Rep. Connolly, Gerald E. [D-VA-11]
Introduced: 2015-03-23
Policy area: Government Operations and Politics
Subjects: Department of the Interior

Government employee pay, benefits, personnel management

Temporary and part-time employment
Latest action: action_date: 2015-08-28
text: By Senator Johnson from Committee on Homeland Security and Governmental Affairs filed written report under authority of the order of the Senate of 08/05/2015. Report No. 114-123.

Summaries:
action_date: 2015-03-23
action_desc: Introduced in House
text: <p><b>Land Management Workforce Flexibility Act</b> <p> Makes an employee of a land management agency serving under a time-limited appointment in the competitive service eligible to compete for a permanent appointment in the agency or any other agency if: (1) the original appointment was competitive, (2) the employee has served under one or more time-limited appointments totaling more than 24 months without a break of two or more years, and (3) the employee's performance has been at an acceptable level.

action_date: 2015-06-25
action_desc: Reported to House without amendment
text: <p>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</p> <p><b>Land Management Workforce Flexibility Act</b> </p> <p>(Sec. 2) Makes an employee of specified&nbsp;land management agencies in the Department of the Interior serving under a time-limited, including a temporary,&nbsp;appointment in the competitive service eligible to compete for a permanent appointment in any land management agency or any other agency if: (1) the original appointment was competitive, (2) the employee has served under one or more time-limited appointments totaling more than 24 months without a break of two or more years, and (3) the employee's performance has been at an acceptable level. </p> <p>Requires the Office of Personnel Management or other examining agency, in determining the eligibility of a time-limited employee to be examined for or appointed in the competitive service, to waive requirements as to age, unless the requirement is essential to the performance of the duties of the position.</p> <p>Provides that an individual appointed under the provisions of this Act becomes a career-conditional employee and acquires competitive status upon appointment. </p> <p>Deems a former employee of a land management agency who served under a time-limited appointment and who otherwise meets applicable requirements to be a time-limited employee for purposes of this Act if: (1) such employee applies for a position covered by this Act within two years after the most recent date of separation, and (2) such employee's most recent separation was for reasons other than misconduct or performance. </p>

action_date: 2015-07-07
action_desc: Passed House without amendment
text: <p>(This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.)</p> <p><b>Land Management Workforce Flexibility Act</b> </p> <p>(Sec. 2) Makes an employee of specified&nbsp;land management agencies in the Department of the Interior serving under a time-limited, including a temporary,&nbsp;appointment in the competitive service eligible to compete for a permanent appointment in any land management agency or any other agency if: (1) the original appointment was competitive, (2) the employee has served under one or more time-limited appointments totaling more than 24 months without a break of two or more years, and (3) the employee's performance has been at an acceptable level. </p> <p>Requires the Office of Personnel Management (OPM) or other examining agency, in determining the eligibility of a time-limited employee to be examined for or appointed in the competitive service, to waive requirements as to age, unless the requirement is essential to the performance of the duties of the position.</p> <p>Provides that an individual appointed under the provisions of this Act becomes a career-conditional employee and acquires competitive status upon appointment. </p> <p>Deems a former employee of a land management agency who served under a time-limited appointment and who otherwise meets applicable requirements to be a time-limited employee for purposes of this Act if: (1) such employee applies for a position covered by this Act within two years after the most recent date of separation, and (2) such employee's most recent separation was for reasons other than misconduct or performance. </p>

action_date: 2015-08-04
action_desc: Reported to Senate without amendment
text: <p>(This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.)</p> <p><b>Land Management Workforce Flexibility Act</b> </p> <p>(Sec. 2) Makes an employee of specified&nbsp;land management agencies in the Department of the Interior serving under a time-limited, including a temporary,&nbsp;appointment in the competitive service eligible to compete for a permanent appointment in any land management agency or any other agency if: (1) the original appointment was competitive, (2) the employee has served under one or more time-limited appointments totaling more than 24 months without a break of two or more years, and (3) the employee's performance has been at an acceptable level. </p> <p>Requires the Office of Personnel Management or other examining agency, in determining the eligibility of a time-limited employee to be examined for or appointed in the competitive service, to waive requirements as to age, unless the requirement is essential to the performance of the duties of the position.</p> <p>Provides that an individual appointed under the provisions of this Act becomes a career-conditional employee and acquires competitive status upon appointment. </p> <p>Deems a former employee of a land management agency who served under a time-limited appointment and who otherwise meets applicable requirements to be a time-limited employee for purposes of this Act if: (1) such employee applies for a position covered by this Act within two years after the most recent date of separation, and (2) such employee's most recent separation was for reasons other than misconduct or performance. </p>

action_date: 2015-08-05
action_desc: Passed Senate without amendment
text: <p>(This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.)</p> <p><b>Land Management Workforce Flexibility Act</b> </p> <p>(Sec. 2) Makes an employee of specified&nbsp;land management agencies in the Department of the Interior serving under a time-limited, including a temporary,&nbsp;appointment in the competitive service eligible to compete for a permanent appointment in any land management agency or any other agency if: (1) the original appointment was competitive, (2) the employee has served under one or more time-limited appointments totaling more than 24 months without a break of two or more years, and (3) the employee's performance has been at an acceptable level. </p> <p>Requires the Office of Personnel Management or other examining agency, in determining the eligibility of a time-limited employee to be examined for or appointed in the competitive service, to waive requirements as to age, unless the requirement is essential to the performance of the duties of the position.</p> <p>Provides that an individual appointed under the provisions of this Act becomes a career-conditional employee and acquires competitive status upon appointment. </p> <p>Deems a former employee of a land management agency who served under a time-limited appointment and who otherwise meets applicable requirements to be a time-limited employee for purposes of this Act if: (1) such employee applies for a position covered by this Act within two years after the most recent date of separation, and (2) such employee's most recent separation was for reasons other than misconduct or performance. </p>

action_date: 2015-08-07
action_desc: Public Law
text: <p>(This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.)</p> <p><b>Land Management Workforce Flexibility Act</b> </p> <p>(Sec. 2) Makes an employee of specified&nbsp;land management agencies in the Department of the Interior serving under a time-limited, including a temporary,&nbsp;appointment in the competitive service eligible to compete for a permanent appointment in any land management agency or any other agency if: (1) the original appointment was competitive, (2) the employee has served under one or more time-limited appointments totaling more than 24 months without a break of two or more years, and (3) the employee's performance has been at an acceptable level. </p> <p>Requires the Office of Personnel Management or other examining agency, in determining the eligibility of a time-limited employee to be examined for or appointed in the competitive service, to waive requirements as to age, unless the requirement is essential to the performance of the duties of the position.</p> <p>Provides that an individual appointed under the provisions of this Act becomes a career-conditional employee and acquires competitive status upon appointment. </p> <p>Deems a former employee of a land management agency who served under a time-limited appointment and who otherwise meets applicable requirements to be a time-limited employee for purposes of this Act if: (1) such employee applies for a position covered by this Act within two years after the most recent date of separation, and (2) such employee's most recent separation was for reasons other than misconduct or performance. </p>

tv_txt: I 114th CONGRESS 1st Session H. R. 1531 IN THE HOUSE OF REPRESENTATIVES March 23, 2015 Mr. Connolly (for himself, Mr. Young of Alaska , and Mr. Bishop of Utah ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform 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. Short title This Act may be cited as the Land Management Workforce Flexibility Act . 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: 96 Personnel Flexibilities Relating to Land Management Agencies Sec. 9601. Definitions. 9602. Competitive service; time-limited appointments. 9601. Definitions For purposes of this chapter— (1) the term land management agency means— (A) the Forest Service of the Department of Agriculture; (B) the Bureau of Land Management of the Department of the Interior; (C) the National Park Service of the Department of the Interior; (D) the Fish and Wildlife Service of the Department of the Interior; (E) the Bureau of Indian Affairs of the Department of the Interior; and (F) the Bureau of Reclamation of the Department of the Interior; and (2) the term time-limited appointment includes a temporary appointment and a term appointment, as defined by the Office of Personnel Management. 9602. Competitive service; time-limited appointments (a) Notwithstanding chapter 33 or any other provision 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 eligible to compete for a permanent appointment in the competitive service at any land management agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures of the applicable agency if— (1) the employee was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment; (2) the employee has served under 1 or more time-limited appointments by a land management agency for a period or periods totaling more than 24 months without a break of 2 or more years; and (3) 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 paragraph (2). (b) In determining the eligibility of a time-limited employee under this section to be examined for or appointed in the competitive service, the Office of Personnel Management or other examining agency shall waive requirements as to age, unless the requirement is essential to the performance of the duties of the position. (c) An individual appointed under this section— (1) becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and (2) acquires competitive status upon appointment. (d) A former employee of a land management agency who served under a time-limited appointment and who otherwise meets the requirements of this section shall be deemed a time-limited employee for purposes of this section if— (1) such employee applies for a position covered by this section within the period of 2 years after the most recent date of separation; and (2) such employee’s most recent separation was for reasons other than misconduct or performance. (e) The Office of Personnel Management shall prescribe 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 .

tv_txt: IB Union Calendar No. 134 114th CONGRESS 1st Session H. R. 1531 [Report No. 114–182] IN THE HOUSE OF REPRESENTATIVES March 23, 2015 Mr. Connolly (for himself, Mr. Young of Alaska , and Mr. Bishop of Utah ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform June 25, 2015 Additional sponsors: Mr. Huffman , Mr. Welch , Ms. Kelly of Illinois , Ms. Norton , Mr. Pocan , Mr. Lowenthal , Mr. Joyce , Mr. Grijalva , Mr. Tipton , Mr. Jones , Mr. Cole , Mr. Simpson , Mr. Austin Scott of Georgia , and Mr. Kildee June 25, 2015 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed 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. Short title This Act may be cited as the Land Management Workforce Flexibility Act . 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: 96 Personnel Flexibilities Relating to Land Management Agencies Sec. 9601. Definitions. 9602. Competitive service; time-limited appointments. 9601. Definitions For purposes of this chapter— (1) the term land management agency means— (A) the Forest Service of the Department of Agriculture; (B) the Bureau of Land Management of the Department of the Interior; (C) the National Park Service of the Department of the Interior; (D) the Fish and Wildlife Service of the Department of the Interior; (E) the Bureau of Indian Affairs of the Department of the Interior; and (F) the Bureau of Reclamation of the Department of the Interior; and (2) the term time-limited appointment includes a temporary appointment and a term appointment, as defined by the Office of Personnel Management. 9602. Competitive service; time-limited appointments (a) Notwithstanding chapter 33 or any other provision 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 eligible to compete for a permanent appointment in the competitive service at any land management agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures of the applicable agency if— (1) the employee was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment; (2) the employee has served under 1 or more time-limited appointments by a land management agency for a period or periods totaling more than 24 months without a break of 2 or more years; and (3) 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 paragraph (2). (b) In determining the eligibility of a time-limited employee under this section to be examined for or appointed in the competitive service, the Office of Personnel Management or other examining agency shall waive requirements as to age, unless the requirement is essential to the performance of the duties of the position. (c) An individual appointed under this section— (1) becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and (2) acquires competitive status upon appointment. (d) A former employee of a land management agency who served under a time-limited appointment and who otherwise meets the requirements of this section shall be deemed a time-limited employee for purposes of this section if— (1) such employee applies for a position covered by this section within the period of 2 years after the most recent date of separation; and (2) such employee’s most recent separation was for reasons other than misconduct or performance. (e) The Office of Personnel Management shall prescribe 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 .

June 25, 2015 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: IB 114th CONGRESS 1st Session H. R. 1531 IN THE HOUSE OF REPRESENTATIVES AN ACT 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. Short title This Act may be cited as the Land Management Workforce Flexibility Act . 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: 96 Personnel Flexibilities Relating to Land Management Agencies Sec. 9601. Definitions. 9602. Competitive service; time-limited appointments. 9601. Definitions For purposes of this chapter— (1) the term land management agency means— (A) the Forest Service of the Department of Agriculture; (B) the Bureau of Land Management of the Department of the Interior; (C) the National Park Service of the Department of the Interior; (D) the Fish and Wildlife Service of the Department of the Interior; (E) the Bureau of Indian Affairs of the Department of the Interior; and (F) the Bureau of Reclamation of the Department of the Interior; and (2) the term time-limited appointment includes a temporary appointment and a term appointment, as defined by the Office of Personnel Management. 9602. Competitive service; time-limited appointments (a) Notwithstanding chapter 33 or any other provision 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 eligible to compete for a permanent appointment in the competitive service at any land management agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures of the applicable agency if— (1) the employee was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment; (2) the employee has served under 1 or more time-limited appointments by a land management agency for a period or periods totaling more than 24 months without a break of 2 or more years; and (3) 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 paragraph (2). (b) In determining the eligibility of a time-limited employee under this section to be examined for or appointed in the competitive service, the Office of Personnel Management or other examining agency shall waive requirements as to age, unless the requirement is essential to the performance of the duties of the position. (c) An individual appointed under this section— (1) becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and (2) acquires competitive status upon appointment. (d) A former employee of a land management agency who served under a time-limited appointment and who otherwise meets the requirements of this section shall be deemed a time-limited employee for purposes of this section if— (1) such employee applies for a position covered by this section within the period of 2 years after the most recent date of separation; and (2) such employee’s most recent separation was for reasons other than misconduct or performance. (e) The Office of Personnel Management shall prescribe 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 .

Passed the House of Representatives July 7, 2015. Karen L. Haas, Clerk.

tv_txt: IIB 114th CONGRESS 1st Session H. R. 1531 IN THE SENATE OF THE UNITED STATES July 8, 2015 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT 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. Short title This Act may be cited as the Land Management Workforce Flexibility Act . 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: 96 Personnel Flexibilities Relating to Land Management Agencies Sec. 9601. Definitions. 9602. Competitive service; time-limited appointments. 9601. Definitions For purposes of this chapter— (1) the term land management agency means— (A) the Forest Service of the Department of Agriculture; (B) the Bureau of Land Management of the Department of the Interior; (C) the National Park Service of the Department of the Interior; (D) the Fish and Wildlife Service of the Department of the Interior; (E) the Bureau of Indian Affairs of the Department of the Interior; and (F) the Bureau of Reclamation of the Department of the Interior; and (2) the term time-limited appointment includes a temporary appointment and a term appointment, as defined by the Office of Personnel Management. 9602. Competitive service; time-limited appointments (a) Notwithstanding chapter 33 or any other provision 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 eligible to compete for a permanent appointment in the competitive service at any land management agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures of the applicable agency if— (1) the employee was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment; (2) the employee has served under 1 or more time-limited appointments by a land management agency for a period or periods totaling more than 24 months without a break of 2 or more years; and (3) 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 paragraph (2). (b) In determining the eligibility of a time-limited employee under this section to be examined for or appointed in the competitive service, the Office of Personnel Management or other examining agency shall waive requirements as to age, unless the requirement is essential to the performance of the duties of the position. (c) An individual appointed under this section— (1) becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and (2) acquires competitive status upon appointment. (d) A former employee of a land management agency who served under a time-limited appointment and who otherwise meets the requirements of this section shall be deemed a time-limited employee for purposes of this section if— (1) such employee applies for a position covered by this section within the period of 2 years after the most recent date of separation; and (2) such employee’s most recent separation was for reasons other than misconduct or performance. (e) The Office of Personnel Management shall prescribe 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 .

Passed the House of Representatives July 7, 2015. Karen L. Haas, Clerk

tv_txt: II Calendar No. 192 114th CONGRESS 1st Session H. R. 1531 IN THE SENATE OF THE UNITED STATES July 8, 2015 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs August 4, 2015 Reported by Mr. Johnson , without amendment AN ACT 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. Short title This Act may be cited as the Land Management Workforce Flexibility Act . 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: 96 Personnel Flexibilities Relating to Land Management Agencies Sec. 9601. Definitions. 9602. Competitive service; time-limited appointments. 9601. Definitions For purposes of this chapter— (1) the term land management agency means— (A) the Forest Service of the Department of Agriculture; (B) the Bureau of Land Management of the Department of the Interior; (C) the National Park Service of the Department of the Interior; (D) the Fish and Wildlife Service of the Department of the Interior; (E) the Bureau of Indian Affairs of the Department of the Interior; and (F) the Bureau of Reclamation of the Department of the Interior; and (2) the term time-limited appointment includes a temporary appointment and a term appointment, as defined by the Office of Personnel Management. 9602. Competitive service; time-limited appointments (a) Notwithstanding chapter 33 or any other provision 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 eligible to compete for a permanent appointment in the competitive service at any land management agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures of the applicable agency if— (1) the employee was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment; (2) the employee has served under 1 or more time-limited appointments by a land management agency for a period or periods totaling more than 24 months without a break of 2 or more years; and (3) 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 paragraph (2). (b) In determining the eligibility of a time-limited employee under this section to be examined for or appointed in the competitive service, the Office of Personnel Management or other examining agency shall waive requirements as to age, unless the requirement is essential to the performance of the duties of the position. (c) An individual appointed under this section— (1) becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and (2) acquires competitive status upon appointment. (d) A former employee of a land management agency who served under a time-limited appointment and who otherwise meets the requirements of this section shall be deemed a time-limited employee for purposes of this section if— (1) such employee applies for a position covered by this section within the period of 2 years after the most recent date of separation; and (2) such employee’s most recent separation was for reasons other than misconduct or performance. (e) The Office of Personnel Management shall prescribe 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 .

August 4, 2015 Reported without amendment

tv_txt: IB One Hundred Fourteenth Congress of the United States of America At the First Session Begun and held at the City of Washington on Tuesday, the sixth day of January, two thousand and fifteen H. R. 1531 AN ACT 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. Short title This Act may be cited as the Land Management Workforce Flexibility Act . 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: 96 Personnel Flexibilities Relating to Land Management Agencies Sec. 9601. Definitions. 9602. Competitive service; time-limited appointments. 9601. Definitions For purposes of this chapter— (1) the term land management agency means— (A) the Forest Service of the Department of Agriculture; (B) the Bureau of Land Management of the Department of the Interior; (C) the National Park Service of the Department of the Interior; (D) the Fish and Wildlife Service of the Department of the Interior; (E) the Bureau of Indian Affairs of the Department of the Interior; and (F) the Bureau of Reclamation of the Department of the Interior; and (2) the term time-limited appointment includes a temporary appointment and a term appointment, as defined by the Office of Personnel Management. 9602. Competitive service; time-limited appointments (a) Notwithstanding chapter 33 or any other provision 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 eligible to compete for a permanent appointment in the competitive service at any land management agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures of the applicable agency if— (1) the employee was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment; (2) the employee has served under 1 or more time-limited appointments by a land management agency for a period or periods totaling more than 24 months without a break of 2 or more years; and (3) 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 paragraph (2). (b) In determining the eligibility of a time-limited employee under this section to be examined for or appointed in the competitive service, the Office of Personnel Management or other examining agency shall waive requirements as to age, unless the requirement is essential to the performance of the duties of the position. (c) An individual appointed under this section— (1) becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and (2) acquires competitive status upon appointment. (d) A former employee of a land management agency who served under a time-limited appointment and who otherwise meets the requirements of this section shall be deemed a time-limited employee for purposes of this section if— (1) such employee applies for a position covered by this section within the period of 2 years after the most recent date of separation; and (2) such employee’s most recent separation was for reasons other than misconduct or performance. (e) The Office of Personnel Management shall prescribe 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 .

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.