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Following is the section dealing with civilian personnel matters in the House version of the annual DoD authorization bill, which could come to a floor vote in that chamber soon.
ITEMS OF SPECIAL INTEREST
Report on Post-Employment Restrictions for Former Department of Defense Civilians
The committee notes that the Department of Defense (DoD) is reviewing policies regarding post employment restrictions for former employees who seek employment opportunities with countries that exhibit adversarial behavior against the interests of the United States.
Therefore, the committee directs the Secretary of Defense to provide a report to the House Committee on Armed Services no later than March 30, 2024, including, but not limited to, the following: (1) the current policy for post-employment restrictions for countries designated by the DoD; (2) the covered positions that are restricted from certain post-employment opportunities; and, (3) incidents in which former DoD employees have sought to or have worked for designated countries.
The report should be submitted in unclassified form but may include a classified annex if required to fully inform all elements of the described report content.
Reporting on the Personnel Practices Within the Department of Defense Education Activity
The committee is concerned with the current recruiting, hiring, and promoting processes at the Department of Defense Education Activity (DoDEA). Several critical positions have been vacant for extended periods, especially in overseas locations. DoDEA’s mission of providing high quality education to the children of America’s men and women in uniform is of the utmost importance and our service members’ children should have access to the highest quality education and professionals.
The committee directs the Under Secretary of Defense for Personnel and Readiness to submit a report to the House Committee on Armed Services not later than March 1, 2024, on DoDEA’s personnel practices. The report must include the following: (1) the current USAJobs and Employment Application System standard operating procedures for hiring a new DoDEA employee including information on the average timeline for hiring, broken out by positions and location; (2) the current DoDEA protocol for internally reassigning employees, including how job requirements align with reassignments or promotions; (3) the processes for DoDEA employees applying for a new role within DoDEA; and (4) recommendations on how DoDEA’s personnel practices can be updated to ensure DoDEA Schools are properly staffed across positions necessary to operate the schools.
Review of the Department of Defense’s Telework Policy Compliance
The committee directs the Secretary of Defense to review current telework policies and telework locations of employees to ensure that an employee is not receiving a higher General Schedule (GS) locality pay than that of the area in which they reside and perform their telework duties and brief the Senate Committee on Armed Services and the House Committee on Armed Services by January 5, 2024, on those findings. The committee also directs the Secretary of Defense to review telework agreements of all employees to ensure proper agreement and arrangements are in place regarding their telework abilities, eligibility, and location and brief the Senate Committee on Armed Services and the House Committee on Armed Services by January 5, 2024.
Shortage of Civilian Simulator Instructors
The committee remains concerned about the Air Force’s pilot shortage. In particular, the committee is concerned by the shortage of General Schedule (GS) civilian simulator instructors (CSIs). The lack of CSIs draws experienced military pilots away from their mission in order to fill in as instructors, further exacerbating the pilot shortage.
The committee notes the value of GS CSIs and the importance of paying instructors a competitive rate to recruit and retain this highly qualified workforce. The committee also notes that the Air Force has employed several incentives to recruit and retain CSIs, but a shortage remains. The committee supports the Air Force in its efforts to prioritize immediate action to recruit and retain CSIs to prevent mission failure.
Therefore, the committee directs the Secretary of the Air Force to submit a report to the House Committee on Armed Services not later than December 31, 2023, on authorities the Air Force may use to improve recruitment and retention of GS CSIs. This report should include: (1) an analysis of how base pay for CSIs compares to base pay for equivalent jobs within the airline industry; (2) a list of authorities used and the remaining pay gap between GS CSIs and the equivalent job within the airline industry; (3) an analysis of the benefits and difficulties in tailoring pay toward location, and an analysis of how payment caps influence recruiting and retaining CSIs; (4) information on the amount of time it takes for the Air Force to obtain requested pay modifications for CSIs, including an analysis of how the timeline influences recruiting and retaining CSIs; and (5) prioritization of authorities that may be employed to modify pay, including any barriers to using these authorities.
Stopping Improper Payments in the Federal Employees Health Benefits Program
The committee is concerned with findings contained in a recent Government Accountability Office report entitled, Federal Employees Health Benefits (FEBH) Program: Additional Monitoring Mechanisms and Fraud Risk Assessment Need to Better Ensure Member Eligibility. The report concludes that during the 60+ years of the FEBH program, there was no requirement by employing offices to verify family member eligibility during new-hire enrollment or during qualifying life events. Moreover, the aforementioned report indicates up to $1 billion is improperly paid on an annual basis.
The committee is concerned about this issue so that it can fulfill its role in reducing waste, fraud, and abuse.
The committee directs the Secretary of Defense in coordination with the Office of Personnel Management to submit a report to the Senate Committee on Armed Services and the House Armed Services Committee by January 5, 2024, on a comprehensive review of the civilian workforce on FEHB to ensure that all family members and dependents who are currently receiving benefits are in fact eligible.
The report shall include how many records were checked, what method was used to verify eligibility, what systems were put in place to verify information for new hires, how many ineligible individuals were removed from FEHB, and total estimated cost savings as a result of this audit.
LEGISLATIVE PROVISIONS
Section 1101—Authority To Establish Excepted Service Positions for Army Law Enforcement Activities This section would provide excepted service authorities for Army law enforcement activities.
Section 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 This section would allow the Secretary of the Navy to grant to covered employees a living quarters allowance for rent, heat, light, fuel, gas, electricity, and water and, in unusual circumstances, payment or reimbursement for initial repairs, alterations, and improvements to the privately leased residence in Guam.
Section 1103—Consolidation of Direct Hire Authorities for Candidates With Specified Degrees at Science and Technology Reinvention Laboratories This section would consolidate direct hire authorities for candidates with specified degrees at science and technology reinvention laboratories.
Section 1104—Direct Hire Authority for Certain Personnel of the Department of Defense This section would allow the Secretary of Defense to use direct hire authority for any position in support of aircraft operations and any position for the safety of the public, law enforcement, or first response, for which the Secretary determines there is a critical hiring need or shortage of candidates.
Section 1105—One-Year Extension of Authority To Waive Annual Limitation on Premium Pay and Aggregate Limitation on Pay for Federal Civilian Employees Working Overseas This section would grant a 1-year extension of the authority to waive annual limitations of premium pay and the aggregate limitation on pay for Federal civilian employees working overseas until 2024.
Section 1106—Extension of Authority To Grant Competitive Status to Employees of Inspectors General for Overseas Contingency Operations This section would extend the authority to grant competitive service status to employees of special inspectors general for overseas contingency operations from 2 years to 5 years.
Section 1107—Extension of Direct Hire Authority for Domestic Industrial Base Facilities and Major Range and Test Facilities Base This section would provide an extension until fiscal year 2035 of direct hire authority for all domestic industrial base facilities and major range and test facilities.
Section 1108—Waiver of Limitation on Appointment of Recently Retired Members of Armed Forces to DOD Competitive Service Positions This section would provide increased flexibility for hiring retired military for certain positions.
Section 1109—Exclusion of Nonappropriated Fund Employees from Limitations on Dual Pay This section would create a statutory exception for individuals employed by nonappropriated fund instrumentalities under the jurisdiction of the Armed Forces from the limitation on receiving basic pay from more than one position.
Section 1110—One-Year Extension of Temporary Authority To Grant Allowances, Benefits, and Gratuities to Civilian Personnel on Official Duty in a Combat Zone This section would grant a 1-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone until 2025.
Section 1111—Support United States Strategic Command and United States Space Command Enterprises This section would extend authority based on section 1762 of title 10, United States Code, to allow recruitment and retention of highly skilled personnel with expertise in space and nuclear deterrence matters.
Section 1112—Temporary Extension of Authority To Provide Security for Former Department of Defense Officials This section would provide a temporary extension of the authorized period of protection for former Department of Defense officials.
The protection period would be extended from up to 2 years to up to 4 years.
Section 1113—GAO Report on Civilian Support Positions at Remote Military Installations This section would require the Comptroller General of the United States to assess and submit a report on civilian support positions at remote military installations.
Section 1114—Modification to Shore Leave Accrual for Crews of Vessels To Support Crew Rotations and Improve Retention of Civilian Mariners This section would modify civilian mariner shore leave accrual to support crew rotations and improve retention.
Section 1115—Assessments of Staffing in Office of the Under Secretary of Defense for Personnel and Readiness This section would require the Secretary of Defense to conduct an assessment validating each civil service position in the Office of the Under Secretary of Defense for Personnel and Readiness and provide an interim briefing and final report.
Section 1116—Military Spouse Employment Act This section would define telework and remote work. Further, it would require the Comptroller General of the United States to conduct a study and publish a report regarding the use of remote work.
Section 1117—Amendments to the John S. McCain Strategic Defense Fellows Program This section would allow fellows who participate in the John S.
McCain Strategic Defense Fellows Program to be appointed in an excepted service position in the Department of Defense.
Section 1118—Including Military Service in Determining Family and Medical Leave Eligibility for Federal Employees This section would permit Federal employees to utilize their military service to qualify under the Family and Medical Leave Act.
Section 1119—Assessments of Staffing in Office of the Under Secretary of Defense for Research and Engineering This section would require an assessment and validation of all civil service positions within the Office of the Under Secretary of Defense for Research and Engineering with a report to the congressional defense committees on the assessment.
Section 1120—Assessments of Staffing in DOD Office for Diversity, Equity, and Inclusion This section would require an assessment validating civil service positions in the Office for Diversity, Equity, and Inclusion and provision of a report.
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