S.Amdt. 2984Senate118th Congress (2023-2025)
S.Amdt. 2984
Sponsored by
Sen. Laphonza R. Butler (D-CA)
Submitted July 23, 2024
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Senate amendment submitted
July 23, 2024
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Submitted
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). ______