[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4027 Introduced in Senate (IS)]
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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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inspired to Serve Hiring
Improvements Act''.
SEC. 2. FLEXIBILITY FOR TEMPORARY AND TERM APPOINTMENTS.
(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:
``Sec. 3117. 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 10 years.
``(b) Appointment.--
``(1) In general.--The head of an Executive agency may make
a temporary appointment or term appointment to a position in
the competitive service when the need for the services of an
employee in the position is not permanent.
``(2) Extension.--Under conditions prescribed by the
Director, the head of an Executive agency may--
``(A) extend a temporary appointment made under
paragraph (1) in increments of not more than 1 year
each, up to a maximum of 3 total years of service; and
``(B) extend a term appointment made under
paragraph (1), the initial period of which is less than
6 years, in increments determined appropriate by the
head of the Executive agency, up to a maximum of 6
total years of service.
``(c) Appointments for Critical Hiring Needs.--
``(1) In general.--The head of an Executive 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, as determined under section 3304, without regard
to the requirements of sections 3327 and 3330.
``(2) No extensions.--An appointment made under paragraph
(1) may not be extended.
``(d) Regulations.--
``(1) In general.--During the 1-year period beginning on
the date of enactment of this section, and subject to
paragraphs (2) and (3), the Director may prescribe regulations
to carry out this section.
``(2) Application.--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 section 1105 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2447).
``(3) Reporting.--With respect to any regulation prescribed
by the Director under this subsection, the Director shall brief
the appropriate committees of Congress with respect to the
regulation not later than 30 days before the date on which the
final version of the regulation is published.
``(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 (Public Law 114-328; 130 Stat. 2447).
``(f) Rule of Construction.--Nothing in this section may be
construed to affect the authorities granted under section 3109.''.
(b) Conforming Amendment.--The table of sections for subchapter I
of chapter 31 of title 5, United States Code, is amended by inserting
after the item relating to section 3116 the following:
``3117. Temporary and term appointments.''.
SEC. 3. CRITERIA FOR GRANTING DIRECT-HIRE AUTHORITY TO AGENCIES.
Section 3304(a)(3)(B) of title 5, United States Code, is amended by
striking ``shortage of candidates'' and all that follows through
``highly qualified candidates)'' and inserting ``shortage of highly
qualified candidates''.
SEC. 4. EXPEDITED HIRING AUTHORITY.
(a) Expedited Hiring Authority for College Graduates.--Section
3115(e)(1) of title 5, United States Code, is amended by striking ``15
percent'' and inserting ``25 percent''.
(b) Expedited Hiring Authority for Post-Secondary Students.--
Section 3116(d)(1) of title 5, United States Code, is amended by
striking ``15 percent'' and inserting ``25 percent''.
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