S.Amdt. 1823

SA 1823. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill S. 4049, to authorize appropriations for fiscal year
2021 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. INAPPLICABILITY OF CERTIFICATION OF EXECUTIVE
QUALIFICATION REVIEW BOARDS.

(a) In General.--Section 3393 of title 5, United States
Code, is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) through (g) as
subsections (c) through (f), respectively.
(b) Updates.--
(1) Definitions.--In this subsection, the terms ``agency''
and ``career appointee'' have the meanings given those terms
in section 3132(a) of title 5, United States Code.
(2) Requirements.--Not later than 1 year after the date of
enactment of this Act--
(A) in order to account for the amendments made by
subsection (a), the head of each agency shall revise the
executive qualifications with respect to appointment to
career appointee positions at the agency, as are required to
be determined in writing under section 3393(d) of title 5,
United States Code, as so redesignated by subsection (a)(2)
of this section; and
(B) the Director of the Office of Personnel Management
shall make any amendments to the rules of the Office that are
necessary as a result of the amendments made by subsection
(a).
(c) Technical and Conforming Amendments.--
(1) John s. mccain national defense authorization act for
fiscal year 2019.--Section 1109(a) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (5
U.S.C. 3393 note) is amended--
(A) by striking ``Notwithstanding section 3393(c) of title
5, United States Code, or any regulations implementing that
section, and subject to'' and inserting ``Subject to''; and
(B) by striking ``otherwise required by that section''.
(2) Title 5.--Title 5, United States Code, is amended--
(A) in section 3592(a)(1), by striking ``section 3393(d)''
and inserting ``section 3393(c)'';
(B) in section 3593--
(i) in subsection (a)--

(I) in the matter preceding paragraph (1), by striking
``section 3393(b) and (c)'' and inserting ``section
3393(b)''; and
(II) in paragraph (1), by striking ``section 3393(d)'' and
inserting ``section 3393(c)''; and

(ii) in subsection (c)(1)--

(I) in the matter preceding subparagraph (A), by striking
``section 3393(b) and (c)'' and inserting ``section
3393(b)''; and
(II) in subparagraph (C), by striking ``section 3393(d)''
and inserting ``section 3393(c)'';

(C) in section 3594--
(i) in subsection (a), by striking ``section 3393(d)'' and
inserting ``section 3393(c)''; and
(ii) in subsection (b), in the matter preceding paragraph
(1), by striking ``section 3393(d)'' and inserting ``section
3393(c)'';
(D) in section 3595(b)(1), by striking ``section 3393(d)''
and inserting ``section 3393(c)''; and
(E) in section 7541(1)(A), by striking ``section 3393(d)''
and inserting ``section 3393(c)''.
(3) Title 10.--Section 1599e(a) of title 10, United States
Code, is amended by striking ``sections 3321 and 3393(d) of
title 5'' and inserting ``sections 3321 and 3393(c) of title
5''.
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