[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Page S3361]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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