Sec. 1105. REQUIRED PROBATIONARY PERIOD FOR NEW EMPLOYEES OF THE DEPARTMENT OF DEFENSE
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## SEC. 1105 REQUIRED PROBATIONARY PERIOD FOR NEW EMPLOYEES OF THE DEPARTMENT OF DEFENSE ###
(a)Required Probationary Period ####
(1)In general Chapter 81 of title 10, United States Code, is amended by adding at the end the following new section: > > ## “SEC. 1599e Probationary period for employees > > **[**[10 U.S.C. 1599e](/us/usc/t10/s1599e)**]** > > > ### “(a) In general > > 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. > > > ### “(b) Definitions > > In this section: > > > #### “(1) > > The term ‘covered employee’ means any individual— > > > ##### “(A) > > appointed to a permanent position within the competitive service at the Department of Defense; or > > > ##### “(B) > > 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. > > > #### “(2) > > 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. > > > ### “(c) Employment Becomes Final > > 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. > > > ### “(d) Application of 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.” > . ####
(2)Clerical amendment **[**[10 U.S.C. 1580](/us/usc/t10/s1580)**]** 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.” ". ###
(b)Application **[**[10 U.S.C. 1599e note](/us/usc/t10/s1599e)**]** 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. ###
(c)Conforming Amendments Title 5, United States Code, is amended— ####
(1)in section 3321(c), by inserting at the end before the period the following: “, or any individual covered by section 1599e of title 10”; ####
(2)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.”; ####
(3)in section 7501(1), by striking “or who” and inserting “or, except as provided in section 1599e of title 10, who”; ####
(4)in section 7511(a)(1)(A)(ii), by inserting “except as provided in section 1599e of title 10,” before “who”; and ####
(5)in section 7541(1)(A), by inserting “or section 1599e of title 10” after “this title”.
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Sec. 1105
REQUIRED PROBATIONARY PERIOD FOR NEW EMPLOYEES OF THE DEPARTMENT OF DEFENSE
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