Amendment of Subsection (d)
Pub. L. 117–81, div. A, title XI, § 1106(a)(1), (b)(2)(B), Dec. 27, 2021, 135 Stat. 1950, effective Dec. 31, 2022, to reflect the probable intent of Congress and the repeal of section 1599e of title 10, provided that subsection (d) of this section is amended by striking out “The preceding sentence shall not apply to any individual covered by section 1599e of title 10.” See 2021 Amendment note below.
A prior section 3393, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1057, which related to limitations concerning part-time career employment opportunities, was renumbered as section 3403 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Pub. L. 98–615, title III, § 307, Nov. 8, 1984, 98 Stat. 3220, provided that:
“The amendments made by this title [enacting section 3595a of this title
, amending this section and sections 3135, 3593 to 3595, 4312, 5383, and 5384 of this title, and enacting provisions set out as a note under section 3131 of this title
] shall be effective following the expiration of the 90-day period beginning on the date of enactment of this Act [Nov. 8, 1984
], except that the amendments made by section 304 [amending sections 3395
, and 8336
of this title] shall be effective as of such date of enactment.”
Temporary Inapplicability of Certification of Executive Qualifications by Qualification Review Boards of Office of Personnel Management
Pub. L. 115–232, div. A, title XI, § 1109, Aug. 13, 2018, 132 Stat. 2010, as amended by Pub. L. 116–283, div. A, title XI, § 1118, Jan. 1, 2021, 134 Stat. 3897, provided that:
“(a) Temporary Inapplicability.—
Notwithstanding section 3393(c) of title 5
, United States Code, or any regulations implementing that section, and subject to the provisions of this section, the Secretary of Defense
may appoint individuals for service in the Senior Executive
Service of the Department of Defense
without such individuals being subject to the certification of executive qualifications by a qualification review board of the Office of Personnel Management
in connection with such appointment otherwise required by that section.
“(b) Qualifications of Individuals Appointed.—
The Secretary shall ensure that individuals appointed under this section possess the necessary qualifications and experience for the position to which appointed.
The total number of appointments made under this section in any year may not exceed 50 appointments.
“(1) Initial report.—Not later than one year after the date of the enactment of this Act [Aug. 13, 2018], the Secretary shall submit to the committees of Congress and official specified in paragraph (3) a report on the number and type of appointments made under this section as of the date of the report, including—
a description of the qualifications of the individuals appointed; and
data on the time required to appoint the individuals.
“(2) Final report.—Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the committees of Congress and official specified in paragraph (3) a report on the use of the authority in this section. The report shall include the following:
The number and type of appointments made under this section during the one-year period ending on the date of the report.
Data on and an assessment whether appointments under the authority in this section reduced the time to hire when compared with the time to hire under the current review system of the Office of Personnel Management.
An assessment of the utility of the appointment authority and process under this section.
An assessment whether the appointments made under this section resulted in higher quality new executives for the Senior Executive
Service of the Department when compared with the executives produced under the current review system of the Office of Personnel Management
Any recommendation for the improvement of the selection and qualification process for the Senior Executive
Service of the Department that the Secretary considers necessary in order to attract and hire highly qualified candidates for service in that Senior Executive
“(3) Committees of congress and official.—The committees of Congress and official specified in this paragraph are—
the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate;
the Committee on Armed Services and the Committee on Oversight and Government Reform [now Committee on Oversight and Reform] of the House of Representatives; and
the Director of the Office of Personnel Management.
Subsection (a) shall cease to be effective on August 13, 2023.”