Sec. 1105. Required probationary period for new employees of the Department of Defense
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/bill/114/hr/1735/enr/section-1105·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 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.
The term Secretary concerned includes the Secretary of Defense with respect to employees of the Department of Defense who are not employees of a military 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 of Defense. chapter 75 of title 5 for employees in the competitive service With respect to any individual described in subsection (b)(1)(A) and to whom this section applies, section 7501(1) and section 7511(a)(1)(A)(ii) of title 5 shall be applied to such individual by substituting completed 2 years for completed 1 year in each instance it appears. .
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 amendment 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 inserting at the end before the period the following: , or any individual covered by section 1599e of title 10 ; 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. ; in section 7501(1), by striking or who and inserting or, except as provided in section 1599e of title 10, who ; in section 7511(a)(1)(A)(ii), by inserting except as provided in section 1599e of title 10, before who ; and in section 7541(1)(A), by inserting or section 1599e of title 10 after this title .