Inspired to Serve Hiring Improvements Act
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.
Sec. 2 Flexibility for temporary and term appointments
“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.”