S. 4027 — Introduced in Senate

II 117th CONGRESS 2d Session S. 4027 IN THE SENATE OF THE UNITED STATES April 7, 2022Mr. 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. 1. Short title This Act may be cited as the Inspired to Serve Hiring Improvements Act. 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: 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. . 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. 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.