The Pentagon. Image: Mark Van Scyoc/Shutterstock.com
Following is the section of a congressional report on the annual DoD authorization bill describing its workplace-related provisions, some of them affecting only that department and some applying government-wide.
Sec. 1101 – Diversity, equity, and inclusion personnel grade cap
The House bill contained a provision (sec. 364) that would prohibit the Secretary concerned from appointing or employing a military or civilian employee whose annual pay rate exceeds the equivalent of the rate payable for GS-10 to any position with duties related to diversity, equity, and inclusion (DEI) policy.
The Senate amendment contained a similar provision (sec. 537) that would limit application of this provision to those with duties solely related to DEI policy.
The House recedes with an amendment that would limit application of the cap to Department of Defense civilian employees whose primary duties are related to DEI.
Sec. 1102 – Authorization to pay a living quarters allowance for Department of the Navy civilian employees assigned to permanent duty in Guam for performing work, or supporting work being performed, aboard or dockside, of U.S. naval vessels
The House bill contained a provision (sec. 1102) that would authorize the Secretary of the Navy to pay certain civilian employees assigned to permanent duty in Guam a living quarters allowance for rent, heat, light, fuel, gas, electricity, and water, and, under certain conditions, reimbursement for initial repairs, alterations, and improvements to the privately leased residence in Guam.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Sec. 1103 – Consolidation of direct hire authorities for candidates with specified degrees at science and technology reinvention laboratories
The House bill contained a provision (sec. 1103) that would amend section 4091 of title 10, United States Code, to combine direct hire authorities for candidates with advanced degrees and candidates with bachelor’s degrees seeking positions in the science and technology reinvention laboratories, and to permit allocations for such positions to be managed in an aggregate manner.
The Senate amendment contained an identical provision (sec. 1206).
The conference agreement includes this provision.
Sec. 1104 – Direct hire authority for certain personnel of the Department of Defense
The House bill contained a provision (sec. 1104) that would amend section 9905 of title 5, United States Code, to include in the direct hire authority provided in that section certain positions in support of aircraft operations, public safety, law enforcement, and first responders.
The Senate amendment contained a similar provision (sec.
1207) that would also include direct hire authority for the Office of the Inspector General of the Department of Defense relating to oversight of the Ukraine conflict.
The Senate recedes.
Sec. 1105 – One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas
The House bill contained a provision (sec. 1105) that would amend section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417), as most recently amended by section 1102 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263), to extend for one year the authority of heads of executive agencies to waive the limitation on the aggregate of basic and premium pay of employees who perform work supporting certain military or contingency operations.
The Senate amendment contained an identical provision (sec. 1201).
The conference agreement includes this provision.
Sec. 1106 – Extension of authority to grant competitive status to employees of inspectors general for overseas contingency operations
The House bill contained a provision (sec. 1106) that would amend section 419 of title 5, United States Code, to reauthorize, until December 19, 2024, authority for certain persons employed by a lead Inspector General for an overseas contingency operation under that section to acquire competitive status under certain circumstances.
The Senate amendment contained an identical provision (sec. 1212).
The conference agreement includes this provision.
Sec. 1107 – Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base
The House bill contained a provision (sec. 1107) that would amend section 1125 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328) to extend the expiration date of direct hire authority for domestic industrial base and major range and test facilities until the end of 2035.
The Senate amendment contained a similar provision (sec. 1209) that would extend such authority through the end of 2028.
The House recedes.
Sec. 1108 – Exclusion of nonappropriated fund employees from limitations on dual pay
The House bill contained a provision (sec. 1109) that would amend section 5531 of title 5, United States Code, to exempt individuals employed by non-appropriated fund instrumentalities from the limitation on receiving basic pay from more than one position.
The Senate amendment contained an identical provision (sec. 1203).
The conference agreement includes this provision.
Sec. 1109 – One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone
The House bill contained a provision (sec. 1110) that would extend for one year the discretionary authority of the head of a Federal agency to provide allowances, benefits, and gratuities comparable to those provided to members of the Foreign Service to the agency’s civilian employees on official duty in a combat zone.
The Senate amendment contained an identical provision (sec. 1202).
The conference agreement includes this provision.
Sec. 1110 – Modification to shore leave accrual for crews of vessels to support crew rotations and improve retention of civilian mariners
The House bill contained a provision (sec. 1114) that would modify the amount of shore leave that Department of Defense civilian mariners earn while serving aboard an oceangoing vessel on an extended voyage.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would amend section 6305 of title 5, United States Code, to affect the change contained in the underlying House provision.
Sec. 1111 – Assessments of staffing in Office of the Under Secretary of Defense for Personnel and Readiness
The House bill contained a provision (sec. 1115) that would require the Secretary of Defense to conduct an assessment of staffing within the Office of the Under Secretary of Defense for Personnel and Readiness and to provide a briefing and final report on such assessment to the congressional defense committees.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Sec. 1112 – Military Spouse Employment Act
The House bill contained a provision (sec. 1116) that would amend section 3330d of title 5, United States Code, to expand the benefits under that statute to include telework and remote work. The provision would also require the Comptroller General of the United States to conduct a study and publish a report regarding the use of remote work by Federal agencies.
The Senate amendment contained a series of similar provisions (sections 11331-11333).
The Senate recedes.
Sec. 1113 – Amendments to the John S. McCain Strategic Defense Fellows Program
The House bill contained a provision (sec. 1117) that would amend section 932 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) to make various technical amendments to the John S. McCain Strategic Defense Fellows Program to improve program function and execution.
The Senate amendment contained a similar provision (sec. 1215).
The House recedes with an amendment that would clarify total program participation may not exceed 60 individuals.
Sec. 1114 – Including military service in determining family and medical leave eligibility for Federal employees
The House bill contained a provision (sec. 1118) that would amend section 6381 of title 5, United States Code, to clarify that certain military service meets the definition of service under the Family and Medical Leave Act (Public Law 103-3), and would count toward satisfaction of the 12-month probationary period for receipt of benefits under that Act applicable to Federal employees.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Sec. 1115 – Exception to limitation on number of Senior Executive Service positions for the Department of Defense
The Senate amendment contained a provision (sec. 1204) that would amend section 1109 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328) to clarify that the limitation on Senior Executive Service positions within the Department of Defense (DOD) contained in that section does not apply to positions funded through amounts appropriated to an agency other than DOD.
The House bill contained no similar provision.
The House recedes.
Sec. 1116 – Extension of direct hire authority for the Department of Defense for post-secondary students and recent graduates
The Senate amendment contained a provision (sec. 1208) that would amend section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 117-328) by extending direct hire authority for the Department of Defense to recruit and appoint qualified recent graduates and current postsecondary students to competitive service positions in professional and administrative occupations until September 30, 2030.
The House bill contained no similar provision.
The House recedes.
Sec. 1117 – Authority to employ civilian faculty members at Space Force schools
The Senate amendment contained a provision (sec. 1210) that would amend section 9371 of title 10, United States Code, to authorize the Secretary of the Air Force to employ civilian faculty at Space Delta 13, the professional military education institution of the United States Space Force.
The House bill contained no similar provision.
The House recedes.
Sec. 1118 – Report and sunset relating to inapplicability of certification of executive qualifications by qualification review boards of Office of Personnel Management
The Senate amendment contained a provision (sec. 1211) that would amend section 1109 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115- 232) by extending, until September 30, 2025, the authority for the Secretary of Defense to 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. The provision would require the Secretary to provide a report to the appropriate congressional committees and the Comptroller General of the United States, not later than December 1, 2024, on the Department’s use of this authority and assessment of its utility.
The House bill contained no similar provision.
The House recedes.
Sec. 1119 – Expansion of noncompetitive appointment eligibility to spouses of Department of Defense civilians
The Senate amendment contained a provision (sec. 1213) that would amend section 3330d of title 5, United States Code, to add spouses of Department of Defense civilian employees to the noncompetitive appointment authority under that section in the case of civilian employees who are transferred by the Department from one official station to another for permanent duty within the Department. The provision would require the Department to submit annual reports on its use of the authority provided by this section to the Director, Office of Personnel Management. Finally, the provision would sunset the authority under this section on December 31, 2028.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Sec. 1120 – Elimination of Government Accountability Office review requirement relating to Department of Defense personnel authorities
The Senate amendment contained a provision (sec. 1214) that would amend section 9902 of title 5, United States Code, to repeal a requirement for the Comptroller General of the United States to receive, review, and issue a report that evaluates Department of Defense reports related to the implementation of any civilian performance management and workforce incentive system.
The House bill contained no similar provision.
The House recedes.
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