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Code · BILL · 115th Congress · S. 950 (Introduced in Senate) — To correct problems pertaining to human resources for career and volunteer personnel engaged in wildland fire and str... · Sec. 3

Sec. 3. Personnel flexibility relating to the Robert T. Stafford Disaster Relief and Emergency Assistance Act

669 words·~3 min read·/bill/115/s/950/is/section-3

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Section 9601 of title 5, United States Code, is amended by striking paragraph
(2)and inserting the following: the term time-limited appointment includes— a temporary appointment and a term appointment, as defined by the Office of Personnel Management; an appointment pursuant to section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5149(b)(1) ); and an appointment pursuant to subtitle E of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12611 et seq.). . Section 9602 of title 5, United States Code, is amended— by redesignating subsections
(b)through
(e)as subsections
(d)through (g), respectively; in subsection (a), in the matter preceding paragraph (1)— by striking Notwithstanding and inserting ; and Appointments to land management agencies .—Notwithstanding by inserting described in section 9601(2)(A) after time-limited appointment ; by inserting after subsection
(a)the following: Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service— an employee appointed under the authority described in section 9601(2)(B) and serving under a full-time, time-limited appointment is eligible to compete for a permanent appointment in the competitive service at the Federal Emergency Management Agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures of the applicable agency if— the employee has served under one or more time-limited appointments for at least 2 years without a break in service; and the performance of the employee has been at an acceptable level of performance throughout the one or more time-limited appointment periods referred to in subparagraph (A); and an employee appointed under the authority described in section 9601(2)(B) and serving under an intermittent, time-limited appointment is eligible for a permanent appointment in the competitive service at the Federal Emergency Management Agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures of the applicable agency if— the employee has served under one or more time-limited appointments; the employee has been deployed at least 522 days; the employee has not declined any deployments while in an available status; and the performance of the employee has been at an acceptable level of performance throughout the one or more time-limited appointments referred to in subparagraph (A). Notwithstanding section 160(a) of the National and Community Service Act of 1990 ( 42 U.S.C. 12620(a) ), in this subsection, the term employee includes individuals appointed under subtitle E of title I of that Act ( 42 U.S.C. 16211 et seq.). Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, a member of the National Civilian Community Corps appointed under subtitle E of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12611 et seq.) who serves 2 consecutive terms is eligible to compete for a permanent appointment in the competitive service at the Federal Emergency Management Agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures during the 2-year period beginning on the date of the expiration of the appointment under section 160(a) of the National and Community Service Act of 1990 ( 42 U.S.C. 12620(a) ), if the performance of the employee has been at an acceptable level of performance throughout the period. ; in subsection
(d)(as redesignated by paragraph (1)), by striking In determining and inserting ; Waiver of age requirements .—In determining in subsection
(e)(as redesignated by paragraph (1)), by striking An individual and inserting ; Tenure and status .—An individual in subsection
(f)(as redesignated by paragraph (1)), in the matter preceding paragraph (1)— by striking A former and inserting ; and Former employees .—A former by inserting or the Federal Emergency Management Agency after management agency ; and in subsection
(g)(as redesignated by paragraph (1)), by striking The Office and inserting . Regulations .—The Office
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Sec. 3
Personnel flexibility relating to the Robert T. Stafford Disaster Relief and Emergency Assistance Act
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