S.Amdt. 3423
What it does: Adds SEC. 1105. APPELLATE PROCEDURES FOR ELIGIBILITY FOR SENSITIVE POSITIONS at the end of title XI
Sen. Jon Tester (D-MT)What it changes
1 change to S. 2410 · shown in the bill's text
Adds SEC. 1105. APPELLATE PROCEDURES FOR ELIGIBILITY FOR SENSITIVE POSITIONS at the end of title XI
Adds a sectionIn S. 2410 · Placed on Calendar Senate
(3) submit to the Secretary recommendations for administrative and legislative actions, including actions in connection with authorities identified pursuant to paragraph (2), to ensure that the United States Cyber Command has a civilian workforce able to support the missions and responsibilities of the Command.
Inserted: SEC. 1105. APPELLATE PROCEDURES FOR ELIGIBILITY FOR SENSITIVE POSITIONS.
Inserted: (a) Amendments.--Section 7701 of title 5, United States Code, is amended--
Inserted: (1) by redesignating subsection (k) as subsection (l); and
Inserted: (2) by inserting after subsection (j) the following:
Inserted: "(k)(1) The Board has authority to review on the merits an appeal by an employee or applicant for employment of an action arising from a determination that the employee or applicant for employment is ineligible for a sensitive position if--
Inserted: "(A) the sensitive position does not require a security clearance or access to classified information; and
Inserted: "(B) such action is otherwise appealable.
Inserted: "(2) In this subsection, the term 'sensitive position' means a position designated as a sensitive position under Executive Order 10450 (5 U.S.C. 7311 note), or any successor thereto.".
Inserted: (b) Effective Date.--The amendments made by this section shall apply to any appeal that is pending on, or commenced on or after, the date of enactment of this Act.
Original wording
At the end of title XI, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3423. Mr. TESTER submitted an amendment intended to be proposed by him to the bill S. 2410, to authorize appropriations for fiscal year 2015 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 title XI, add the following:
SEC. 1105. APPELLATE PROCEDURES FOR ELIGIBILITY FOR SENSITIVE POSITIONS.
(a) Amendments.--Section 7701 of title 5, United States Code, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following:
“(k)(1) The Board has authority to review on the merits an appeal by an employee or applicant for employment of an action arising from a determination that the employee or applicant for employment is ineligible for a sensitive position if--
“(A) the sensitive position does not require a security clearance or access to classified information; and
“(B) such action is otherwise appealable.
“(2) In this subsection, the term ‘sensitive position' means a position designated as a sensitive position under Executive Order 10450 (5 U.S.C. 7311 note), or any successor thereto.”.
(b) Effective Date.--The amendments made by this section shall apply to any appeal that is pending on, or commenced on or after, the date of enactment of this Act.
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Senate amendment submitted
June 26, 2014