Sec. 1108. ELIGIBILITY OF DEPARTMENT OF DEFENSE EMPLOYEES IN TIME-LIMITED APPOINTMENTS TO COMPETE FOR PERMANENT APPOINTMENTS
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## SEC. 1108 ELIGIBILITY OF DEPARTMENT OF DEFENSE EMPLOYEES IN TIME-LIMITED APPOINTMENTS TO COMPETE FOR PERMANENT APPOINTMENTS Section 3304 of title 5, United States Code, is amended by adding at the end the following: > > ### “(g) Eligibility of Department of Defense Employees in Time-limited Appointments to Compete for Permanent Appointments > > > #### “(1) Definitions > > In this subsection— > > > ##### “(A) > > the term ‘Department’ means the Department of Defense; and > > > ##### “(B) > > the term ‘time-limited appointment’ means a temporary or term appointment in the competitive service. > > > #### “(2) Eligibility > > Notwithstanding any other provision of this chapter or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of the Department serving under a time-limited appointment is eligible to compete for a permanent appointment in the competitive service when the Department is accepting applications from individuals within its own workforce, or from individuals outside its own workforce, under merit promotion procedures, if— > > > ##### “(A) > > the employee was appointed initially under open, competitive examination under subchapter I of this chapter to the time-limited appointment; > > > ##### “(B) > > the employee has served under 1 or more time-limited appointments within the Department for a period or periods totaling more than 2 years without a break of 2 or more years; and > > > ##### “(C) > > the employee’s performance has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (B). > > > #### “(3) Career-conditional status; competitive status > > An individual appointed to a permanent position under this section— > > > ##### “(A) > > becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and > > > ##### “(B) > > acquires competitive status upon appointment. > > > #### “(4) Former employees > > If the Department is accepting applications as described in paragraph (2), a former employee of the Department who served under a time-limited appointment and who otherwise meets the requirements of this section shall be eligible to compete for a permanent position in the competitive service under this section if— > > > ##### “(A) > > the employee applies for a position covered by this section not later than 2 years after the most recent date of separation; and > > > ##### “(B) > > the employee’s most recent separation was for reasons other than misconduct or performance. > > > #### “(5) Regulations > > The Office of Personnel Management shall prescribe regulations necessary for the administration of this subsection.” > .