Text: H.R.1531 — 114th Congress (2015-2016)All Information (Except Text)
Public Law No: 114-47 (08/07/2015)
[114th Congress Public Law 47]
[From the U.S. Government Publishing Office]
[[Page 129 STAT. 485]]
Public Law 114-47
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. <<NOTE: Aug. 7, 2015 - [H.R. 1531]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Land Management
Workforce Flexibility Act. 5 USC 101 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Land Management Workforce Flexibility
SEC. 2. PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT
(a) In General.--Subpart I of part III of title 5, United States
Code, is amended by inserting after chapter 95 the following:
``CHAPTER <<NOTE: 5 USC 9601 prec.>> 96--PERSONNEL FLEXIBILITIES
RELATING TO LAND MANAGEMENT AGENCIES
``9602. Competitive service; time-limited appointments.
``Sec. 9601. <<NOTE: 5 USC 9601.>> Definitions
``For purposes of this chapter--
``(1) the term `land management agency' means--
``(A) the Forest Service of the Department of
``(B) the Bureau of Land Management of the
Department of the Interior;
``(C) the National Park Service of the Department of
``(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.
``Sec. 9602. <<NOTE: 5 USC 9602.>> Competitive service; time-
``(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
[[Page 129 STAT. 486]]
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
``(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;
``(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) <<NOTE: Waiver authority.>> 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
``(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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Regulations.>> The Office of Personnel Management
shall prescribe such regulations as may be necessary to carry out this
[[Page 129 STAT. 487]]
(b) Clerical Amendment.--The analysis for part III of title 5,
United States Code, <<NOTE: 5 USC prec. 2101.>> is amended by inserting
after the item for chapter 95 the following:
``96. Personnel flexibilities relating to land management agencie9601''.
Approved August 7, 2015.
LEGISLATIVE HISTORY--H.R. 1531:
HOUSE REPORTS: No. 114-182 (Comm. on Oversight and Government Reform).
CONGRESSIONAL RECORD, Vol. 161 (2015):
July 7, considered and passed House.
Aug. 5, considered and passed Senate.