The House bill contained a provision (sec. 1116) that would prohibit the establishment of any new DEI positions. Image: Mark Van Scyoc/Shutterstock.com
By: FEDweek StaffFollowing are the provisions of the annual DoD authorization bill affecting allowances and other personnel policies at the department.
Sec. 1101 – Pilot program for the temporary exchange of information technology personnel
The Senate committee-reported bill contained a provision (sec. 1004) that would amend section 1110 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111
84) to authorize the Secretary of Defense to include in the exchange program such personnel performing financial management or budgetary tasks for private-sector software-focused companies .
The House bill contained no similar provision .
The agreement includes the Senate provision .
Sec. 1102 – Extension of authority for noncompetitive appointments of military spouses by Federal agencies
The House bill contained a provision (sec. 1101) that would extend authority for noncompetitive appointments of military spouses by Federal agencies until December 31, 2033, and require the Department of Defense to submit an annual report on the use of this authority .
The Senate committee-reported bill contained a similar provision (sec. 1110) that would make permanent the authority of Federal agencies to make noncompetitive appointments of military spouses in the civil service under section 3330d of title 5, United States Code .
The agreement includes the House provision with a technical amendment relating to the reporting requirements.
Sec. 1103 – Extension of living quarters allowance to civilian DOD employees in positions with critical shortages stationed in Guam
The House bill contained a provision (sec. 1102) that would authorize the Secretary of Defense to provide a living quarters allowance to all Department of Defense (DOD) civilian employees with permanent duty in Guam .
The Senate committee-reported bill contained no similar provision .
The agreement includes the House provision with an amendment that would limit the use of this authority to DOD civilian employees filling positions determined by the Secretary to be critically short. The amendment would also sunset the authority on January 1, 2034 .
Sec. 1104 – 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. 1103) 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 1105 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31), to extend for 1 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 committee-reported bill contained a similar provision (sec. 1101) .
The agreement includes the House provision .
Sec. 1105 – 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. 1104) that would extend for 1 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 committee-reported bill contained a similar provision (sec. 1102) .
The agreement includes the House provision.
Sec. 1106 – Pilot program for overseas work-period for DOD competitive service positions
The House bill contained a provision (sec. 1105) that would remove the 5-year time limitation on civilian employees serving in a competitive position overseas and that require the Department of Defense to provide an annual report on the impacts of the removal of the time limit on recruiting and retention .
The Senate committee-reported bill contained no similar provision .
The agreement includes the House provision with an amendment that would authorize the first O-6 in an employee’s chain-of-command to approve a one-time 5-year extension for an employee to continue serving in an overseas duty assignment. The amendment would also require the Secretary of Defense to provide a report on the Department’s use of the authority provided by this section, first due December 31, 2025, and annually thereafter for five years. Finally, the amendment would sunset the authority provided by this section 2 years after the date of enactment of this Act .
Sec. 1107 – Employment and compensation of civilian faculty members at Inter-American Defense College
The House bill contained a provision (sec. 1109) that would amend section 1595(c) of title 10, United States Code, to add the United States Element of the Inter-American Defense College to the list of covered Department of Defense educational institutions at which the Secretary of Defense is authorized to employ and compensate civilian faculty as the Secretary considers necessary .
The Senate committee-reported bill contained a similar provision (sec. 1107) .
The agreement includes the House provision .
Sec. 1108 – Treatment of veterans who did not register for the selective service
The House bill contained a provision (sec. 1111) that would amend section 3328 of title 5, United States Code, to establish eligibility for Federal civilian employment for veterans who failed to register for selective service, but who provide evidence of their qualifying military service to the executive agency in which the veteran seeks an appointment .
The Senate committee-reported bill contained a similar provision (sec. 522) .
The agreement includes the House provision.
Sec. 1109 – Increase in military leave accrual and accumulation for Federal employees
The House bill contained a provision (sec. 1112) that would amend section 6323 of title 5, United States Code, to increase military leave accrual and accumulation for Federal civilian employees from 15 to 20 days per year .
The Senate committee-reported bill contained no similar provision .
The agreement includes the House provision .
Sec. 1110 – Sufficient firefighter personnel covered installations
The House bill contained a provision (sec. 1118) that would require the Secretary of Defense to ensure a minimum number of firefighter personnel are on duty at each covered installation to maintain optimum manning and optimum level of service to safeguard life and property at such covered installation and a risk assessment may not be used to limit the number of firefighter personnel at a covered installation .
The Senate committee-reported bill contained no similar provision .
The agreement includes the House provision with an amendment that would ensure that a sufficient number of firefighter personnel are on duty at each covered installation to maintain manning and service necessary to safeguard life and property .
Sec. 1111 – Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base
The Senate committee-reported bill contained a provision (sec. 1104) that would amend section 1125 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114 328) to extend the sunset date of the underlying direct hire authority for domestic industrial base facilities and major range and test facilities through the end of fiscal year 2030 .
Further, the provision would amend section 1102 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91) to extend a briefing requirement on the use of the direct hire authority through the end of fiscal year 2030 .
The House bill contained no similar provision .
The agreement includes the Senate provision.
Sec. 1112 – Modifications to the John S. McCain Strategic Defense Fellows Program
The Senate committee-reported bill contained a provision (sec. 1108) that would amend section 932(f) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) to authorize the Secretary of Defense to make a noncompetitive appointment or conversion of a successful program participant into a vacant position in the competitive or excepted service within the Department of Defense (DOD), when the Secretary determines that such appointment or conversion will contribute to the development of highly qualified future senior leaders for the DOD .
The House bill contained no similar provision .
The agreement includes the Senate provision .
Sec. 1113 – Modification of pilot program on dynamic shaping of the workforce to improve the technical skills and expertise at certain Department of Defense laboratories
The Senate committee-reported bill contained a provision (sec. 1109) that would amend section 1109 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114
92) to clarify that the early retirement incentives authorized for the dynamic workforce reshaping pilot program at Department of Defense science and technology reinvention laboratories are available for employees covered by the Federal Employees’ Retirement System and not just those covered by the Civil Service Retirement System .
The House bill contained no similar provision .
The agreement includes the Senate provision .
Sec. 1114 – Continuity of coverage under certain provisions of title 5, United States Code
The Senate committee-reported bill contained a provision (sec. 1111) that would amend section 6323 of title 5, United States Code, to make technical and conforming amendments related to military leave for Federal employees for certain members of the Space Force .
The House bill contained no similar provision .
The agreement includes the Senate provision .
Sec. 1115 – Limitation on establishment of new diversity, equity, and inclusion positions; hiring freeze
The House bill contained a provision (sec. 1116) that would prohibit the Secretary of Defense from establishing any new positions within the Department of Defense with responsibility for matters relating to diversity, equity, and inclusion, or fill any vacancies in positions in the Department with responsibility for such matters .
The Senate committee-reported bill contained a similar provision (sec. 1113) .
The agreement includes the House provision with an amendment that would prohibit the Secretary of Defense from establishing any new billet, or filling any vacancies in existing billets, that have responsibility for matters relating to diversity, equity, and inclusion until the report required by section 529B of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) is delivered to Congress by the Comptroller General of the United States, or one-year after the date of the enactment of this Act.
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