10 U.S.C. § 1599e (ARMED FORCES)
§ 1599e. Probationary period for employees
(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.
(Added Pub. L. 114–92, div. A, title XI, § 1105(a)(1), Nov. 25, 2015, 129 Stat. 1023.)
heading: Repeal of Section
text: Pub. L. 117–81, div. A, title XI, § 1106(a)(1), Dec. 27, 2021, 135 Stat. 1950, provided that, effective Dec. 31, 2022, this section is repealed.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Pub. L. 117–81, div. A, title XI, § 1106(a)(1), Dec. 27, 2021, 135 Stat. 1950, provided that the repeal of this section is effective Dec. 31, 2022. Conforming amendments by section 1106 of Pub. L. 117–81 (amending sections 3321, 3393, 7501, 7511, and 7541 of Title 5, Government Organization and Employees) were executed as if effective at the same time as the repeal, to reflect the probable intent of Congress.
heading: Effective Date
text: Pub. L. 114–92, div. A, title XI, § 1105(b), Nov. 25, 2015, 129 Stat. 1024, provided that: “The amendment made by subsection (a) [enacting this section] 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 [Nov. 25, 2015].”
heading: Application
text: Pub. L. 117–81, div. A, title XI, § 1106(a)(2), Dec. 27, 2021, 135 Stat. 1950, provided that: “The modification of probationary periods for covered employees (as that term is defined in such section 1599e [meaning 10 U.S.C. 1599e] as in effect on the date immediately preceding the date of enactment of this Act [Dec. 27, 2021]) by operation of the amendment made by paragraph (1) [repealing this section] shall only apply to an individual appointed as such an employee on or after the effective date specified in paragraph (1) [see Effective Date of Repeal note above].”