II

Calendar No. 432

104TH CONGRESS

2D SESSION S. 1488

To convert certain excepted service positions in the United States Fire

Administration to competitive service positions, and for other purposes.

IN THE SENATE OF THE UNITED STATES

DECEMBER 20, 1995

Mr. SARBANES introduced the following bill; which was read twice and

referred to the Committee on Governmental Affairs

JUNE 11, 1996

Reported by Mr. STEVENS, without amendment

A BILL

To convert certain excepted service positions in the United

States Fire Administration to competitive service positions, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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•S 1488 RS

1 SECTION 1. CONVERSION OF CERTAIN EXCEPTED SERVICE

2 POSITIONS IN THE UNITED STATES FIRE AD3 MINISTRATION TO COMPETITIVE SERVICE

4 POSITIONS.

5 (a) IN GENERAL.—No later than the date described

6 under subsection (d)(1), the Director of the Federal

7 Emergency Management Agency and the Director of the

8 Office of Personnel Management shall take such actions

9 as necessary to convert each excepted service position es10 tablished before the date of the enactment of this Act

11 under section 7(c)(4) of the Federal Fire Prevention and

12 Control Act of 1974 (15 U.S.C. 2206(c)(4)) to a competi13 tive service position.

14 (b) EFFECT ON EMPLOYEES.—Any employee em15 ployed on the date of the enactment of this Act in an ex16 cepted service position converted under subsection (a)—

17 (1) shall remain employed in the competitive

18 service position so converted without a break in serv19 ice;

20 (2) by reason of such conversion, shall have

21 no—

22 (A) diminution of seniority;

23 (B) reduction of cumulative years of serv24 ice; and

25 (C) requirement to serve an additional pro26 bationary period applied; and
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•S 1488 RS

1 (3) shall retain their standing and participation

2 with respect to chapter 83 or 84 of title 5, United

3 States Code, relating to Federal retirement.

4 (c) PROSPECTIVE COMPETITIVE SERVICE POSI5 TIONS.—Section 7(c)(4) of the Federal Fire Prevention

6 and Control Act of 1974 (15 U.S.C. 2206(c)(4)) is amend7 ed to read as follows:

8 ‘‘(4) appoint faculty members to competitive

9 service positions and with respect to temporary and

10 intermittent services, to make appointments of con11 sultants to the same extent as is authorized by sec12 tion 3109 of title 5, United States Code;’’.

13 (d) EFFECTIVE DATE.—(1) Except as provided

14 under paragraph (2), this Act shall take effect on the first

15 day of the first pay period, applicable to the positions de16 scribed under subsection (a), beginning after the date of

17 the enactment of this Act.

18 (2)(A) The Director of the Federal Emergency Man19 agement Agency and the Director of the Office of Person20 nel Management shall take such actions as directed under

21 subsection (a) on and after the date of the enactment of

22 this Act.

23 (B) Subsection (c) shall take effect on the date of

24 the enactment of this Act.
Calendar No. 432

104TH CONGRESS

2D SESSION S. 1488

A BILL

To convert certain excepted service positions in the

service positions, and for other purposes.United States Fire Administration to competitive

JUNE 11, 1996

Reported without amendment