Sec. 1101. Required probationary period for new employees of the Department of Defense
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Chapter 81 of title 10, United States Code, is amended by adding at the end the following new section: Notwithstanding sections 3321 and 3393(d) of title 5, the appointment of a covered employee shall become final only after such employee has served a probationary period of two years. The Secretary of the military department concerned may extend a probationary period under this subsection at the discretion of such Secretary. In this section, the term covered employee means any individual— appointed to a permanent position within the competitive service at the Department of Defense; or appointed as a career appointee (as that term is defined in section 3132(a)(4) of title 5) within the Senior Executive Service at the Department.
Upon the expiration of a covered employee’s probationary period under subsection (a), the supervisor of the employee shall determine whether the appointment becomes final based on regulations prescribed for such purpose by the Secretary. . The table of sections at the beginning of chapter 81 of such title is amended by adding at the end the following new item: 1599e. Probationary period for employees. . The amendments made by subsection
(a)shall apply to any covered employee (as that term is defined in section 1599e of title 10, United States Code, as added by such subsection) appointed after the date of the enactment of this section. Title 5, United States Code, is amended— in section 3321(c)— by striking Service or and inserting Service, ; and by inserting at the end before the period the following: , or any individual covered by section 1599e of title 10 ; and in section 3393(d), by adding at the end the following: The preceding sentence shall not apply to any individual covered by section 1599e of title 10. .