[House Report 114-182]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-182
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LAND MANAGEMENT WORKFORCE FLEXIBILITY ACT
_______
June 25, 2015.--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. 1531]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 1531) 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, 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............................................... 4
Explanation of Amendments........................................ 5
Committee Consideration.......................................... 6
Roll Call Votes.................................................. 6
Application of Law to the Legislative Branch..................... 6
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 6
Statement of General Performance Goals and Objectives............ 6
Duplication of Federal Programs.................................. 6
Disclosure of Directed Rule Makings.............................. 6
Federal Advisory Committee Act................................... 7
Unfunded Mandate Statement....................................... 7
Earmark Identification........................................... 7
Committee Estimate............................................... 7
Budget Authority and Congressional Budget Office Cost Estimate... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
Committee Statement and Views
PURPOSE AND SUMMARY
The Land Management Workforce Flexibility Act (H.R. 1531)
authorizes qualifying employees serving under time-limited
appointments in federal land management agencies to compete for
vacant permanent positions under internal merit promotion
procedures, just as any permanent federal employee is eligible
to do. H.R. 1531 increases the pool of individuals eligible to
compete for vacant federal permanent positions. The bill does
not change the total number of federal jobs available or the
salaries paid to federal employees.
Removing arbitrary barriers that prevent long-term
temporary seasonal employees from competing for vacant
permanent positions under internal merit promotion procedures
will improve government effectiveness by enhancing the quality
of the pool of applicants to include proven, experienced
individuals serving under temporary appointments in land
management agencies that were originally obtained through open,
competitive examination.
BACKGROUND AND NEED FOR LEGISLATION
Federal agencies are authorized to make temporary
appointments to fill positions that do not require an
employee's services on a permanent basis. According to OPM's
testimony at a June 30, 2010, oversight hearing before the
House Oversight and Government Reform Subcommittee on Federal
Workforce, Postal Service, and the District of Columbia, ``. .
. a temporary appointment can be used to fill a position that
is not expected to last more than one year, or to meet an
employment need that is scheduled to be terminated within one
or two years for reasons such as an agency's reorganization or
abolishment, or the completion of a specific project or peak
workload.''\1\
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\1\Statement of Angela Bailey, Deputy Associate Director for
Recruitment and Diversity, U.S. Office of Personnel Management, for
hearing, ``Temporary Employee Practices: How Long Does Temporary
Last?'' U.S. House Subcommittee on Federal Workforce, Postal Service,
and the District of Columbia (June 30, 2010) at 22. Available at:
http://www.gpo.gov/fdsys/pkg/CHRG-111hhrg62948/pdf/CHRG-
111hhrg62948.pdf
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Certain individuals serving under temporary appointments,
including employees at federal land management agencies who
receive temporary appointments lasting less than 6 months or
1,040 hours, often have their temporary appointments repeatedly
extended on an annual basis. As the then-Chairman of the
Federal Workforce Subcommittee stated at the 2010 hearing,
``Oftentimes, seasonal temporary employees have worked in the
same capacity year after year, decade after decade.''\2\
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\2\Statement of Representative Stephen F. Lynch, Chairman,
Subcommittee Federal Workforce, Postal Service, and the District of
Columbia, for hearing, ``Temporary Employee Practices: How Long Does
Temporary Last?'' U.S. House Subcommittee on Federal Workforce, Postal
Service, and the District of Columbia (June 30, 2010) at 3. Available
at: http://www.gpo.gov/fdsys/pkg/CHRG-111hhrg62948/pdf/CHRG-
111hhrg62948.pdf
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Temporary employees, irrespective of experience, are not
eligible to compete for vacant permanent positions under
internal merit promotion procedures. Internal merit promotion
procedures vary by agency, but must adhere to the first merit
system principle\3\ and according to the United States Merit
Systems Protection Board (MSPB), ``. . . are generally open to
current or former Federal employees who have or had permanent
appointments.''\4\ Many agencies fill non-entry level jobs
using merit promotion procedures.
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\3\5 USC Sec. 2301(b)(1) describes the first merit system
principle: ``Recruitment should be from qualified individuals from
appropriate sources in an endeavor to achieve a work force from all
segments of society, and selection and advancement should be determined
solely on the basis of relative ability, knowledge, and skills, after
fair and open competition which assures that all receive equal
opportunity.''
\4\U.S. Merit Systems Protection Board, Office of Policy and
Evaluation, Report to the President and Congress, ``Help Wanted: A
Review of Federal Vacancy Announcements'' (April 2003) at 5-6.
Available at: http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=
253634&version=253921&
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No matter how long an individual serves under a time-
limited appointment that he or she initially obtained under
open, competitive examination, the employee never acquires the
status that would enable them to compete for vacant permanent
positions being filled under internal merit promotion
procedures.
Bipartisan concerns have been raised over the prohibition
on temporary employees competing for permanent positions. For
example, a former Chairman of the House Civil Service
Subcommittee noted at 1993 oversight hearing, ``Furthermore,
there needs to be better access for all temporary employees,
not just term employees, to apply for permanent positions
within the Federal Government. It is simply unfair that after
years of employment, a temporary applying for a permanent
position job is no better off than someone off of the street
applying for a job. Agencies could save large sums of money on
education and training by hiring more temporary employees for
permanent positions.''\5\ At the same hearing, another Member
submitted a statement for the record expressing the view that,
``One of the best things we can do for temporary employees is
to increase their opportunities to compete for permanent
positions in the Federal workforce when these become available.
I think that a temporary employee who has done a good job
should be eligible to compete for permanent Federal positions
that currently are open only to permanent Federal
employees.''\6\
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\5\Statement of Representative Frank McClosky, Chairman of the
Subcommittee on the Civil Service, for the hearing ``Use of Temporary
Employee in the Federal Government'' U.S. House Subcommittee on the
Civil Service (June 22, 1993), Available at https://www.archive.org/
stream/useoftemporaryem00unit/useoftemporaryem00unit_djvu.txt
\6\Id. Statement of Representative Dan Burton
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In a May 17, 2011 letter, the Chief of the U.S. Forest
Service committed to work with stakeholders towards
establishing a ``path to permanence'' for long-term seasonal
employees, noting that legislation would be necessary to
accomplish this outcome.\7\ A specific goal identified by the
Forest Service Chief was to ``Grant competitive standing to
long-term temporary seasonal employees so they can compete for
career jobs like any other federal employee.''\8\ The Land
Management Workforce Flexibility Act achieves this objective.
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\7\Letter issued by Thomas L. Tidwell, Chief of the United States
Forest Service (May 17, 2011), available at http://www.nffe-fsc.org/
committees/legislative/FS_110517_Chief_
TempLtr.pdf
\8\Id.
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To be eligible to compete under H.R. 1531, an employee of a
land management agency would need to be serving under a
temporary or term appointment that he or she was initially
appointed to under open, competitive examination; have served
with that land management agency under one or more time-limited
appointments for a period or periods totaling more than 24
months of service, without an intervening break in service of
two or more years; and achieve an acceptable level of
performance for the duration of his or her service under the
time-limited appointment or appointments.
Former temporary land management agency employees that meet
all of the qualification requirements would be eligible to
compete under H.R. 1531 if these former employees apply for a
vacant permanent position within two years of their date of
separation from the land management agency, and the separation
was for reasons other than misconduct or performance.
In determining an employee's eligibility to compete under
H.R. 1531, an examining agency is required to waive age
requirements, unless an age requirement is essential to the
performance of the position in question. This ensures that an
experienced temporary seasonal firefighter is eligible to
compete for a permanent position that he or she may be well
qualified for.
An individual that successfully competes for a vacant
permanent position under H.R. 1531 would, upon appointment,
become a career-conditional employee, unless the employee has
otherwise completed the service requirements for career tenure;
and acquire competitive status upon appointment.
H.R. 1531 is consistent with the United States Office of
Personnel Management's (OPM) stated support for the goal that,
``. . . long-term temporaries who have demonstrated their
abilities on the job should not have to compete with the public
for permanent vacancies.''\9\ The federal government benefits
from the dedicated service of long-serving temporary seasonal
wildland firefighters and other long-term temporary employees.
It is appropriate that these individuals be provided the same
opportunity to compete for career advancement opportunities
available to other federal employees.
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\9\Federal Register, Vol. 59, No. 176 (September 13, 1994).
Available at: http://www.gpo.gov/fdsys/pkg/FR-1994-09-13/html/94-
22447.htm
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LEGISLATIVE HISTORY
H.R. 1531, the Land Management Workforce Flexibility Act,
was introduced on March 23, 2015, by Rep. Gerald E. Connolly
(D-VA), and referred to the Committee on Oversight and
Government Reform. Representatives Don Young (R-AK) and Rob
Bishop (R-UT) are original cosponsors.
On March 25, 2014, the Committee held a Full Committee
Business Meeting to consider H.R. 1531. The bill was ordered
favorably reported, without amendment, by voice vote.
Section-by-Section
Section 1. Short title
Designates the short title of the bill as the ``Land
Management Workforce Flexibility Act.''
Section 2. Personnel flexibilities relating to land management agencies
Amends Subpart I of part III of title 5, United States
Code, by inserting a new chapter addressing personnel
flexibilities for land management agencies. The new chapter,
``Chapter 96--Personnel Flexibilities Relating to Land
Management Agencies,'' contains two sections, ``Section 9601.
Definitions'' and ``Section 9602. Competitive service; time-
limited appointments.''
Section 9601 defines the term ``land management agency'' to
mean the Forest Service of the United States Department of
Agriculture, and the following component agencies of the United
States Department of the Interior: Bureau of Land Management,
National Park Service, Fish and Wildlife Service, Bureau of
Indian Affairs, and Bureau of Reclamation. Section 9601 also
defines the term ``time-limited appointment'' to include
temporary appointments and term appointments, as defined by
OPM.
Section 9602 establishes that 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
the employee meets three criteria.
First, the employee must have been appointed initially
under open, competitive examination under subchapter I of
chapter 33 to the time-limited appointment. Second, the
employee has served under one 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. Third,
the employee's performance must have been at an acceptable
level of performance throughout the period or periods of
service.
Section 9602 also authorizes that in determining the
eligibility of a time-limited employee under this section to be
examined for or appointed in the competitive service, OPM or
another examining agency shall waive requirements as to age,
unless the requirement is essential to the performance of the
duties of the vacant position.
Section 9602 also establishes that an individual appointed
under the section becomes a career-conditional employee, unless
the employee has otherwise completed the service requirements
for career tenure; and acquires competitive status upon
appointment.
Section 9602 also requires that a former employee of a land
management agency who served under a time-limited appointment
and who otherwise meets the requirements of Section 9602 shall
be deemed a time-limited employee for purposes of the section
if such employee applies for a position covered by this section
within 2 years after the most recent date of separation; and if
such employee's separation was for reasons other than
misconduct or performance.
Section 9602 authorizes OPM to prescribe such regulations
as may be necessary to carry out the Act.
Explanation of Amendments
No amendments were offered during Full Committee
consideration of H.R. 1531.
Committee Consideration
On March 25, 2015, the Committee met in open session and
ordered reported favorably the bill, H.R. 1531, by voice vote,
a quorum being present.
Roll Call Votes
There were no recorded votes during Full Committee
consideration of H.R. 1531.
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 amends 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. Thus, the bill does relate
to the terms and conditions of employment.
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 or objective of the bill is to provide a pathway for
temporary seasonal employees in Federal land management
agencies to compete for vacant permanent positions under
internal merit promotion procedures.
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 direct
the completion of a specific rule making within the meaning of
5 U.S.C. 551. Section 2 requires that the Office of Personnel
Management prescribe such regulations as may be necessary to
carry out the requirements of the bill.
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:
H.R. 1531--Land Management Workforce Flexibility Act
H.R. 1531 would make individuals serving as temporary
employees for federal land management agencies eligible to
compete for permanent positions with those agencies under
internal merit promotion procedures. CHO estimates that
implementing the legislation would have no significant effect
on the federal budget. Enacting the bill would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
Information from the Office of Personnel Management
indicates that while the bill would expand the pool of people
eligible for federal land management positions, it would not
change the total number of federal jobs available or the
salaries paid to federal employees.
H.R. 1531 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 Theresa Gullo, 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 (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
Chap Sec.
Definitions...................................................2101
* * * * * * *
Personnel flexibilities relating to land management agencies..9601
* * * * * * *
Subpart I--Miscellaneous
* * * * * * *
CHAPTER 96--PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT
AGENCIES
Sec.
9601. Definitions.
9602. Competitive service; time-limited appointments.
Sec. 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.
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 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.
* * * * * * *
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