S.Amdt. 5271

SA 5271. Mr. VOINOVICH (for himself, Mr. Bingaman, Mr. Domenici, and Mr. Kennedy) submitted an amendment intended to be proposed by him to the bill S. 3001, to authorize appropriations for fiscal year 2009 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:

On page 329, after line 14, add the following:

SEC. 1110. DIRECT HIRE AUTHORITY FOR CERTAIN POSITIONS AT PERSONNEL DEMONSTRATION LABORATORIES.

(a) Authority.--The Secretary of Defense may make appointments to positions described in subsection (b) without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of such title.

(b) Positions Described.--This section applies to candidates possessing an advanced degree with respect to any scientific or engineering position within a laboratory identified in section 9902(c)(2) of title 5, United States Code.

(c) Limitation.--(1) Authority under this section may not, in any calendar year and with respect to any laboratory, be exercised with respect to a number of positions greater than the number equal to 2 percent of the total number of positions within such laboratory that are filled as of the close of the fiscal year last ending before the start of such calendar year.

(2) For purposes of this subsection, positions shall be counted on a full-time equivalent basis.

(d) Employee Defined.--As used in this section, the term “employee” has the meaning given such term by section 2105 of title 5, United States Code.

(e) Termination.--The authority to make appointments under this section shall not be available after December 31, 2013.