S.Amdt. 399

SA 399. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill S. 2226, to authorize appropriations for fiscal year
2024 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.
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