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H.R. 5442IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 345 · H.R. 5442

Flexibility for temporary and term appointments

Title III — Advancement of Military, National, and Public Service › Subtitle C — Advancement of public service: Modernization of Federal personnel systems

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(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 5 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) in increments determined appropriate by the head of the agency, up to a maximum of 6 total years of service. (c) Appointments for critical hiring needs (1) In general Under conditions prescribed by the Director, 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 Subject to paragraph (2), 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). (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 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..

Sec. 345: Flexibility for temporary and term appointments · Public Law Tracker