[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Page S7557]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4110. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. NONCOMPETITIVE ELIGIBILITY FOR HIGH-PERFORMING 
                   CIVILIAN EMPLOYEES.

       (a) Definitions.--In this section--
       (1) the term ``competitive service'' has the meaning given 
     the term in section 2102 of title 5, United States Code; and
       (2) the term ``Executive agency'' has the meaning given the 
     term in section 105 of title 5, United States Code.
       (b) Regulations.--Under such regulations as the Director of 
     the Office of Personnel Management shall issue, an Executive 
     agency may noncompetitively appoint, for other than temporary 
     employment, to a position in the competitive service any 
     individual who--
       (1) is certified by the Director as having been a high-
     performing employee in a former position in the competitive 
     service;
       (2) has been separated from the former position described 
     in paragraph (1) for less than 6 years; and
       (3) is qualified for the new position in the competitive 
     service, as determined by the head of the Executive agency 
     making the noncompetitive appointment.
       (c) Limitation on Authority.--An individual may not be 
     appointed to a position under subsection (b) more than once.
       (d) Designation of High-performing Employees.--The Director 
     of the Office of Personnel Management shall, in the 
     regulations issued under subsection (b), set forth the 
     criteria for certifying an individual as a ``high-performing 
     employee'' in a former position, which shall be based on--
       (1) the final performance appraisal of the individual in 
     that former position; and
       (2) a recommendation by the immediate or other supervisor 
     of the individual in that former position.
                                 ______