A bill to amend section 3116 of title 5, United States Code, to clarify the applicability of the appointment limitations for students appointed under the expedited hiring authority for post-secondary students.

II Calendar No. 241 116TH CONGRESS 1ST SESSION S. 2169 [Report No. 116–129] To amend section 3116 of title 5, United States Code, to clarify the applica- bility of the appointment limitations for students appointed under the expedited hiring authority for post-secondary students. IN THE SENATE OF THE UNITED STATES JULY 18, 2019 Mr. LANKFORD (for himself, Mr. PETERS, and Ms. SINEMA) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs OCTOBER 15, 2019 Reported by Mr. JOHNSON, with an amendment [Insert the part printed in italic] A BILL To amend section 3116 of title 5, United States Code, to clarify the applicability of the appointment limitations for students appointed under the expedited hiring author- ity for post-secondary students. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:24 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2169.RS S2169 kjohnson on DSK79L0C42 with BILLS 2 •S 2169 RS SECTION 1. CLARIFICATION OF LIMITATION ON EXPE- 1 DITED HIRING AUTHORITY FOR POST-SEC- 2 ONDARY STUDENTS. 3 Section 3116(d)(1) of title 5, United States Code, is 4 amended to read as follows: 5 ‘‘(1) IN GENERAL.—Except as provided in para- 6 graph (2), the total number of students that the 7 head of an agency may appoint under this section 8 during a fiscal year may not exceed the number 9 equal to 15 percent of the number of students that 10 the agency head appointed during the previous fiscal 11 year to a position at the GS–11 level, or an equiva- 12 lent level, or below.’’. 13 SEC. 2. REST AND RECUPERATION LEAVE AND FOREIGN 14 HOLIDAY LEAVE. 15 (a) IN GENERAL.—Subchapter II of chapter 63 of title 16 5, United States Code, is amended by adding at the end 17 the following new sections: 18 ‘‘§ 6329d. Rest and recuperation leave 19 ‘‘(a) DEFINITIONS.—In this section— 20 ‘‘(1) the term ‘agency’— 21 ‘‘(A) means an Executive agency; and 22 ‘‘(B) does not include the Government Ac- 23 countability Office; 24 ‘‘(2) the term ‘combat zone’ means— 25 VerDate Sep 11 2014 22:24 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6203 E:\BILLS\S2169.RS S2169 kjohnson on DSK79L0C42 with BILLS 3 •S 2169 RS ‘‘(A) a geographic area designated by an 1 Executive Order of the President as an area in 2 which the Armed Forces are engaging or have 3 engaged in combat; 4 ‘‘(B) an area designated by law to be treat- 5 ed as a combat zone; or 6 ‘‘(C) a location the Secretary of Defense has 7 certified for combat zone tax benefits due to its 8 direct support of military operations; 9 ‘‘(3) the term ‘employee’ has the meaning given 10 the term in section 6301; 11 ‘‘(4) the term ‘high risk, high threat post’ has the 12 meaning given the term in section 104 of the Omni- 13 bus Diplomatic Security and Antiterrorism Act of 14 1986 (22 U.S.C. 4803); and 15 ‘‘(5) the term ‘leave year’ means the period be- 16 ginning on the first day of the first complete pay pe- 17 riod in a calendar year and ending on the day imme- 18 diately before the first day of the first complete pay 19 period in the following calendar year. 20 ‘‘(b) LEAVE FOR REST AND RECUPERATION.— 21 ‘‘(1) IN GENERAL.—During a leave year, the 22 head of an agency may grant not more than 20 days 23 of leave without loss of or reduction in pay, leave to 24 which an employee is otherwise entitled under law, or 25 VerDate Sep 11 2014 22:24 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\S2169.RS S2169 kjohnson on DSK79L0C42 with BILLS 4 •S 2169 RS credit for time or service to a civilian employee of the 1 agency serving in a combat zone or other high risk, 2 high threat post for the purposes of rest and recuper- 3 ation. 4 ‘‘(2) CONVERSION OF LEAVE PERIOD INTO 5 HOURS.—The 20 days of leave referred to in para- 6 graph (1) shall be converted to 160 hours of leave for 7 full-time employees and proportionally adjusted for 8 employees with a part-time tour of duty or an un- 9 common tour of duty in which the hours for which 10 leave may be charged are in excess of 80 hours in a 11 biweekly pay period. 12 ‘‘(c) DISCRETIONARY AUTHORITY OF AGENCY HEAD.— 13 ‘‘(1) IN GENERAL.—Use of the authority under 14 subsection (b) shall be at the sole and exclusive discre- 15 tion of the head of the agency concerned. 16 ‘‘(2) POLICIES.—The head of an agency may 17 prescribe agency-wide policies to govern the use of the 18 authority under subsection (b) within the agency. 19 ‘‘(d) RECORDS.—An agency shall record leave pro- 20 vided under this section separately from leave authorized 21 under any other provision of law. 22 ‘‘§ 6329e. Foreign holiday leave 23 ‘‘(a) DEFINITIONS.—In this section— 24 ‘‘(1) the term ‘agency’— 25 VerDate Sep 11 2014 22:24 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S2169.RS S2169 kjohnson on DSK79L0C42 with BILLS 5 •S 2169 RS ‘‘(A) means an Executive agency; and 1 ‘‘(B) does not include the Government Ac- 2 countability Office; 3 ‘‘(2) the term ‘employee’ has the meaning given 4 that term in section 6301; and 5 ‘‘(3) the term ‘leave year’ means the period be- 6 ginning on the first day of the first complete pay pe- 7 riod in a calendar year and ending on the day imme- 8 diately before the first day of the first complete pay 9 period in the following calendar year. 10 ‘‘(b) LEAVE FOR LOCAL HOLIDAYS OBSERVED IN FOR- 11 EIGN AREAS.—During a leave year, the head of an agency 12 may grant not more than 5 days of leave without loss of 13 or reduction in pay, leave to which an employee is otherwise 14 entitled under law, or credit for time or service to a civilian 15 employee of the agency serving in a foreign area for local 16 holidays observed in the foreign area— 17 ‘‘(1) if the head of the agency determines that the 18 conduct of business during the local holidays would be 19 inconsistent with host-country practice or otherwise 20 not in the best interest of the United States; or 21 ‘‘(2) for such other reasons as the head of the 22 agency determines necessary to advance the diplo- 23 matic interests of the United States. 24 ‘‘(c) DISCRETIONARY AUTHORITY OF AGENCY HEAD.— 25 VerDate Sep 11 2014 22:24 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S2169.RS S2169 kjohnson on DSK79L0C42 with BILLS 6 •S 2169 RS ‘‘(1) IN GENERAL.—Use of the authority under 1 subsection (b) shall be at the sole and exclusive discre- 2 tion of the head of the agency concerned. 3 ‘‘(2) POLICIES.—The head of an agency may 4 prescribe agency-wide policies to govern the use of the 5 authority under subsection (b) within the agency. 6 ‘‘(d) RECORDS.—An agency shall record leave pro- 7 vided under this section separately from leave authorized 8 under any other provision of law.’’. 9 (b) CLERICAL AMENDMENT.—The table of sections at 10 the beginning of such chapter is amended by inserting after 11 the item relating to section 6329c the following new items: 12 ‘‘6329d. Rest and recuperation leave. ‘‘6329e. Foreign holiday leave.’’. VerDate Sep 11 2014 22:24 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6213 E:\BILLS\S2169.RS S2169 kjohnson on DSK79L0C42 with BILLS VerDate Sep 11 2014 22:24 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6213 E:\BILLS\S2169.RS S2169 kjohnson on DSK79L0C42 with BILLS Calendar No. 241 116TH CONGRESS 1ST SESSION S. 2169 [Report No. 116–129] A BILL To amend section 3116 of title 5, United States Code, to clarify the applicability of the appoint- ment limitations for students appointed under the expedited hiring authority for post-secondary students. OCTOBER 15, 2019 Reported with an amendment VerDate Sep 11 2014 22:24 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\S2169.RS S2169 kjohnson on DSK79L0C42 with BILLS