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Code · BILL · 116th Congress · H.R. 8309 (Introduced in House) — To authorize certain authorities of the Department of Homeland Security, and for other purposes. · Sec. 141

Sec. 141. Department of Homeland Security enhanced hiring

398 words·~2 min read·/bill/116/hr/8309/ih/section-141·

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Notwithstanding sections 3309 through 3319, 3327, and 3330 of title 5, United States Code, the Secretary of Homeland Security may noncompetitively appoint a qualified veteran to a position in the competitive service within the Department of Homeland Security. The Secretary of Homeland Security may, notwithstanding sections 3309 through 3319, 3327, and 3330 of title 5, United States Code, noncompetitively appoint a qualified candidate to a position in the competitive service if the Secretary determines such position is critical to the mission of the Department. The Secretary of Homeland Security may exercise the authority under paragraph
(1)in any calendar year only if the representation of veterans within the Department of Homeland Security civilian workforce at the end of the preceding fiscal year was 20 percent or greater. In the event the representation of veterans within the Department of Homeland Security in a fiscal year does not meet or exceed the level identified in subparagraph (A), the Secretary may exercise the authority under this section for the following calendar year provided that the total number of qualified candidates appointed under this section does not exceed 20 percent of the total number of positions that the Department of Homeland Security filled during the preceding fiscal year. The Secretary of Homeland Security may prescribe regulations to carry out this section and any such regulations shall be exempt from the requirements of section 553 of title 5, United States Code, as a matter relating to agency management or personnel. The Secretary of Homeland Security shall, not later than December 31 of each calendar year, provide to the Director of the Office of Personnel Management identification of the mission critical occupations to which the Secretary appointed qualified candidates under subsection
(b)during the preceding fiscal year. The Secretary of Homeland Security shall annually report to Congress on the effectiveness of the use of the authority under this section regarding the length of time to hire individuals, employee retention, and vacancies within the Department of Homeland Security. In this section— the term veteran means an individual who— has served on active duty in the Armed Forces; and was discharged or released from active duty in the Armed Forces under honorable conditions; or is preference eligible, as defined in section 2108 of title 5, United States Code; and the term mission critical occupation means those occupations that affect the ability to achieve the agency’s mission.
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