[Congressional Record Volume 170, Number 119 (Tuesday, July 23, 2024)]
[Senate]
[Pages S5253-S5254]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2984. Ms. BUTLER submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 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 end of subtitle H of title X, add the following:
SEC. 1095. NON-COMPETITIVE HIRING ELIGIBILITY UNDER THE
NATIONAL SERVICE LAWS.
(a) National and Community Service Act of 1990.--Title I of
the National and Community Service Act of 1990 (42 U.S.C.
12511 et seq.) is amended by inserting after section 189D (42
U.S.C. 12645g) the following:
``SEC. 189E. NON-COMPETITIVE HIRING ELIGIBILITY.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means an agency, office,
or other establishment in the executive branch of the Federal
Government.
``(2) Competitive service.--The term `competitive service'
has the meaning given the term in section 2102 of title 5,
United States Code.
``(b) In General.--Notwithstanding any provision of chapter
33 of title 5, United States Code, governing appointments in
the competitive service, and under such regulations as the
Director of the Office of Personnel Management shall
prescribe, the head of any agency may, in accordance with
subsections (c) and (e), noncompetitively appoint any
individual who is certified under subsection (d) to a
position in the competitive service for which the individual
is otherwise qualified.
``(c) Appointment in Permanent Position.--Any person
appointed to a permanent position under subsection (a)
shall--
``(1) become a career-conditional employee, unless the
employee has otherwise completed the service requirements for
career tenure; and
``(2) acquire competitive status upon completion of any
prescribed probationary period.
``(d) Certification of Individual.--
``(1) In general.--The Chief Executive Officer may certify
an individual under this subsection if the individual
successfully completed--
[[Page S5254]]
``(A) a term of national service as a Team Leader or
Member, as described in paragraph (1) or (4) of section
155(b), in the AmeriCorps National Civilian Community Corps
program component described in section 153;
``(B) a period of service of not less than one year as a
volunteer or designated volunteer leader under part A of
title I of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 4950 et seq.); or
``(C) not less than 1,700 hours of service under section
139(b)(1) as a participant under section 137.
``(2) Reliance on other certifications.--In making any
certification under paragraph (1), the Chief Executive
Officer may rely on a certification made by the entity that
selected the individual for, and supervised the individual
in, the activity described in subparagraph (A), (B), or (C)
of such paragraph.
``(3) Erroneous or incorrect certification.--If the Chief
Executive Officer determines that a certification under
paragraph (1) is erroneous or incorrect, the Corporation
shall, after considering the full facts and circumstances
surrounding the erroneous or incorrect certification, take
action as permitted under law.
``(e) Period of Appointment.--The head of any agency may
make an appointment of an individual under subsection (b)--
``(1) not later than 1 year after the date of completion by
the individual of an activity described in subparagraph (A),
(B), or (C) of subsection (d)(1); or
``(2) not later than 3 years after such date in the case of
an individual who, following such service, was engaged--
``(A) in military service,
``(B) in the pursuit of studies at a recognized institution
of higher learning, or
``(C) in other activities that, as determined by the head
of such agency, warrant an extended time period.''.
(b) Domestic Volunteer Service Act of 1973.-- Section 415
of the Domestic Volunteer Service Act of 1973 (42 U.S.C.
5055) is amended by striking subsection (d).
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