10 U.S.C. § 1599e — Untitled legal text

Page 1528 TITLE 10—ARMED FORCES § 1599d Subsec. (a). Pub. L. 110–417, § 1107(a), designated exist- ing provisions as par. (1) and added par. (2). Subsec. (c). Pub. L. 110–417, § 1107(b), designated exist- ing provisions as par. (1), substituted ‘‘September 30, 2012’’ for ‘‘September 30, 2010’’, and added par. (2). Statutory Notes and Related Subsidiaries WAGE RATE ADJUSTMENT FOR CERTAIN HEALTH CARE OCCUPATIONS Pub. L. 112–10, div. A, title VIII, § 8086, Apr. 15, 2011, 125 Stat. 76, provided that: ‘‘Notwithstanding any other provision of law or regulation, during the current fiscal year and hereafter, the Secretary of Defense may ad- just wage rates for civilian employees hired for certain health care occupations as authorized for the Secretary of Veterans Affairs by section 7455 of title 38, United States Code.’’ § 1599d. Financial management positions: author- ity to prescribe professional certification and credential standards (a) AUTHORITY TO PRESCRIBE PROFESSIONAL CERTIFICATION AND CREDENTIAL STANDARDS.— The Secretary of Defense may prescribe profes- sional certification and credential standards for financial management positions within the De- partment of Defense, including requirements for formal education and requirements for certifi- cations that individuals have met predetermined qualifications set by an agency of Government or by an industry or professional group. Any such professional certification or credential standard shall be prescribed as a Department regulation. (b) WAIVER.—The Secretary may waive any standard prescribed under subsection (a) when- ever the Secretary determines such a waiver to be appropriate. (c) APPLICABILITY.—(1) Except as provided in paragraph (2), the Secretary may, in the Sec- retary’s discretion— (A) require that a standard prescribed under subsection (a) apply immediately to all per- sonnel holding financial management posi- tions designated by the Secretary; or (B) delay the imposition of such a standard for a reasonable period to permit persons hold- ing financial management positions so des- ignated time to comply. (2) A formal education requirement prescribed under subsection (a) shall not apply to any per- son employed by the Department in a financial management position before the standard is pre- scribed. (d) DISCHARGE OF AUTHORITY.—The Secretary shall prescribe any professional certification or credential standards under subsection (a) through the Under Secretary of Defense (Comp- troller), in consultation with the Under Sec- retary of Defense for Personnel and Readiness. (e) REPORTS.—Not later than one year after the effective date of any regulations prescribed under subsection (a), or any significant modi- fication of such regulations, the Secretary shall, in conjunction with the Director of the Office of Personnel Management, submit to Congress a report setting forth the plans of the Secretary to provide training to appropriate Department personnel to meet any new professional certifi- cation or credential standard under such regula- tions or modification. (f) FINANCIAL MANAGEMENT POSITION DE- FINED.—In this section, the term ‘‘financial management position’’ means a position or group of positions (including civilian and mili- tary positions), as designated by the Secretary for purposes of this section, that perform, super- vise, or manage work of a fiscal, financial man- agement, accounting, auditing, cost, or budg- etary nature, or that require the performance of financial management-related work. (Added Pub. L. 107–314, div. A, title XI, § 1104(a)(1), Dec. 2, 2002, 116 Stat. 2661; amended Pub. L. 110–417, [div. A], title XI, § 1110, Oct. 14, 2008, 122 Stat. 4619; Pub. L. 112–81, div. A, title X, § 1051(a), Dec. 31, 2011, 125 Stat. 1581.) Editorial Notes AMENDMENTS 2011—Pub. L. 112–81 amended section generally. Prior to amendment, section related to the authority to pre- scribe certification and credential standards for profes- sional accounting positions. 2008—Subsec. (e). Pub. L. 110–417 substituted ‘‘0505, 0510, 0511, or equivalent’’ for ‘‘GS–510, GS–511, and GS–505’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 107–314, div. A, title XI, § 1104(b), Dec. 2, 2002, 116 Stat. 2661, provided that: ‘‘Standards established pursuant to section 1599d of title 10, United States Code, as added by subsection (a), may take effect no sooner than 120 days after the date of the enactment of this Act [Dec. 2, 2002].’’ [§ 1599e. Repealed. Pub. L. 117–81, div. A, title XI, § 1106(a)(1), Dec. 27, 2021, 135 Stat. 1950] Section, added Pub. L. 114–92, div. A, title XI, § 1105(a)(1), Nov. 25, 2015, 129 Stat. 1023, related to proba- tionary period for employees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 117–81, div. A, title XI, § 1106(a)(1), Dec. 27, 2021, 135 Stat. 1950, provided that the repeal of this sec- tion 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 Or- ganization and Employees) were executed as if effective at the same time as the repeal, to reflect the probable intent of Congress. APPLICATION 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 op- eration of the amendment made by paragraph (1) [re- pealing 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].’’ § 1599f. United States Cyber Command recruit- ment and retention (a) GENERAL AUTHORITY.—(1) The Secretary of Defense may— (A) establish, as positions in the excepted service, such qualified positions in the Depart-