[House Report 114-601]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-601
======================================================================
AMENDING TITLE 5, UNITED STATES CODE, TO CLARIFY THE ELIGIBILITY OF
EMPLOYEES OF A LAND MANAGEMENT AGENCY IN A TIME-LIMITED APPOINTMENT TO
COMPETE FOR A PERMANENT APPOINTMENT AT ANY FEDERAL AGENCY, AND FOR
OTHER PURPOSES
_______
May 31, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Chaffetz, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 4906]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 4906) to amend title 5, United
States Code, to clarify the eligibility of employees of a land
management agency in a time-limited appointment to compete for
a permanent appointment at any Federal agency, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 3
Explanation of Amendments........................................ 3
Committee Consideration.......................................... 3
Application of Law to the Legislative Branch..................... 3
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 3
Statement of General Performance Goals and Objectives............ 3
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Federal Advisory Committee Act................................... 4
Unfunded Mandate Statement....................................... 4
Earmark Identification........................................... 4
Committee Estimate............................................... 4
Budget Authority and Congressional Budget Office Cost Estimate... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
Committee Statement and Views
PURPOSE AND SUMMARY
H.R. 4906 amends title 5 to clarify the eligibility of
employees at a federal land management agency in a time-limited
appointment to compete for a permanent appointment at any
federal agency.
BACKGROUND AND NEED FOR LEGISLATION
The Land Management Workforce Flexibility Act of 2015 (P.L.
114-47) removed a barrier to the career advancement
opportunities of temporary seasonal employees of federal land
management agencies. For example, many of the government's
federal firefighters work on a temporary basis battling Western
wildfires and gain valuable experience as they return each
season. However, before P.L. 114-47 regardless of how many
seasons served, these experienced employees could not compete
for full-time, permanent jobs under the merit promotion
procedures available to other federal employees.
The intent of the Land Management Workforce Flexibility Act
was to allow land management agencies to fully consider the
applications from long-serving, experienced temporary seasonal
employees when they identify the need for a permanent employee.
Unfortunately, recent guidance from the Office of Personnel
Management (OPM) limits the ability of temporary seasonal land
management employees to compete for permanent positions. OPM's
guidance provides that temporary employees are only eligible to
compete as an internal candidate for positions open at their
own agency, thus these employees would not be able to apply for
positions open to all federal employees at other agencies.
Since OPM's guidance severely limits temporary seasonal
employees' ability to compete for permanent jobs, H.R. 4906
makes a technical correction to P.L. 114-47 that removes the
restrictions imposed by OPM's recent guidance. Specifically,
H.R. 4906 clarifies Congress' original intent that temporary
seasonal employees of land management agencies are subject to
the same area of consideration for vacant permanent positions
under merit promotion procedures that apply to other federal
employees at the same agency that employs the temporary
seasonal individual.
H.R. 4906 ensures that long-serving temporary seasonal
employees will be afforded with permanent opportunities. H.R.
4906 also makes it clear that for purposes of the Act, eligible
former employees are deemed to be employees of the agency from
which they were most recently separated.
LEGISLATIVE HISTORY
H.R. 4906 was introduced on April 12, 2016, by Congressman
Gerald Connolly (D-VA) and referred to the Committee on
Oversight and Government Reform. Representative Mark Meadows
(R-NC) is an original cosponsor.
On April 14, 2016, the Committee ordered H.R. 4906
favorably reported, without amendment, by voice vote.
Section-by-Section
Section 1. Eligibility of employees in a time-limited appointment to
compete for a permanent appointment at any federal agency
Makes a technical amendment to 5 U.S.C. Sec. 9602 to
clarify that employees of a land management agency in a time-
limited appointment are eligible to compete for merit promotion
vacancies that are open to other federal employees at the same
agency.
Specifies that eligible former employees who served under a
time-limited appointment and otherwise meet the requirements of
this section are deemed to be time-limited employees of the
agency from which they were most recently separated.
Explanation of Amendments
No amendments were offered during Full Committee
consideration of H.R. 4906.
Committee Consideration
On April 14, 2016, the Committee met in open session and
ordered reported favorably the bill, H.R. 4906, by voice vote,
a quorum being present.
ROLL CALL VOTES
No roll call votes were requested or conducted during the
Full Committee consideration of H.R. 4906.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill clarifies the eligibility of employees of a land
management agency in a time-limited appointment to compete for
permanent appointment at any federal agency. As such this bill
does relate to employment or access to public services and
accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of Rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal and objective is to clarify the eligibility of employees
of a land management agency in a time-limited appointment to
compete for a permanent appointment at any Federal agency.
Duplication of Federal Programs
No provision of this bill establishes or reauthorizes a
program of the federal government known to be duplicative of
another federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting this bill does not
direct the completion of any specific rule makings within the
meaning of 5 U.S.C. 551.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement, the Committee
has received a letter from the Congressional Budget Office
included herein.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
this bill. However, clause 3(d)(2)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for this bill from the Director of
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 3, 2016.
Hon. Jason Chaffetz,
Chairman, Committee on Oversight and Government Reform, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4906, a bill to
amend title 5, United States Code, to clarify the eligibility
of employees of a land management agency in a time limited
appointment to compete for permanent appointment at any Federal
agency, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Keith Hall.
Enclosure.
H.R. 4906--A bill to amend title 5, United States Code, to clarify the
eligibility of employees of a land management agency in a time
limited appointment to compete for a permanent appointment at
any Federal agency, and for other purposes
H.R. 4906 would amend federal law to allow individuals
serving as temporary employees of federal land management
agencies to compete for permanent positions with any agency
under internal procedures for merit promotions. Under current
law those temporary employees can compete for permanent
positions at federal land management agencies but they cannot
apply using procedures for merit promotions.
Information from the Office of Personnel Management
indicates that while the legislation would expand the pool of
people eligible to be hired, it would not change the total
number of jobs available or the salaries paid to employees. On
that basis, CBO estimates that implementing the legislation
would have no effect on the federal budget. Because enacting
the bill would not affect direct spending or revenues, pay-as-
you-go procedures do not apply.
CBO estimates that enacting H.R. 4906 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 4906 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART I--MISCELLANEOUS
* * * * * * *
CHAPTER 96--PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT
AGENCIES
* * * * * * *
Sec. 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] such land management agency when such agency
is accepting applications from individuals within the agency's
workforce under merit promotion procedures, or any agency,
including a land management agency, when the agency is
accepting applications from individuals outside its own
workforce under the 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 of the agency from which the former employee was most
recently separated 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.
* * * * * * *
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