Issue Briefs

Following is language from a congressional report on the DoD authorization bill explaining provisions involving reductions in force, the probationary period and within-grade waiting periods for civilian employees of the department.

Procedures for reduction in force of Department of Defense civilian personnel (sec. 1101)
The House bill contained a provision (sec. 906) that would express the sense of the Congress that the Secretary of Defense should proceed with the collaborative work with employee representatives on the “New Beginnings” performance management and workforce incentive system and begin implementation of the new system at the earliest possible date.

The Senate amendment contained a provision (sec. 1103) that would provide the Secretary of Defense with the authority to establish procedures to provide that, in implementing any reduction in force for civilian positions in the Department of Defense in the competitive service or the excepted service, the determination of which employees shall be separated from employment in the Department of Defense shall be made primarily on the basis of performance.

The agreement includes the Senate provision with an amendment that would express the sense of the Congress contained in the House provision.

Required probationary period for new employees of the Department of Defense (sec. 1105)

The Senate amendment contained a provision (sec. 1101) that would set the required probationary period for new employees of the Department of Defense at 2 years. The provision would also give discretionary authority to the service secretary concerned to extend a probationary period of a new employee of the Department of Defense.

The House bill contained no similar provision.

The agreement contains the Senate provision with a technical amendment.

In extending the probationary period for new employees of the Department of Defense (DOD), the conferees expect the Secretary of Defense to ensure that supervisors optimize the additional probationary time by educating supervisors on the importance of tracking when an individual’s probationary period is ending and directing the supervisor to make an affirmative decision or otherwise take appropriate action. The Secretary should take steps to ensure DOD supervisors are aware of the range of tools and guidance available through the Office of Personnel Management, including on-line and in-person training and guidebooks. The conferees note that the probationary period extension will be beneficial only if an agency has effective performance management practices in place and uses the extra time for the purpose intended. The conferees expect the Secretary of Defense to assess the adequacy of leadership training provided to supervisors in DOD components and Defense agencies in order to ensure supervisors obtain the skills needed to effectively conduct performance management responsibilities.

Delay of periodic step increase for civilian employees of the Department of Defense based upon unacceptable performance (sec.  1106)

The Senate amendment contained a provision (sec. 1102) that would provide the Secretary of Defense with the authority to require satisfactory performance by civilian employees in order to qualify for periodic step increases based on that service. The House bill contained no similar provision.
The House recedes.