Issue Briefs

Following is the section of a congressional report summarizing the provisions that were included or excluded from the House-Senate agreement paving the way for final passage of the annual DoD authorization bill—some specific to employees only of that agency and others applying government-wide.


Amendment to diversity and inclusion reporting (sec. 1101)
The House bill contained a provision (sec. 1109) that would amend section 113 of title 10, United States Code, to require the Department of Defense to establish, collect, and report on certain diversity metrics and statistics with respect to the Department’s civilian workforce
The Senate amendment contained no similar provision
The agreement includes the House provision with a technical amendment

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Civilian personnel management (sec. 1102)
The House bill contained a provision (sec. 1104) that would amend section 129 of title 10, United States Code, to make technical clarifications concerning the management of civilian personnel of the Department of Defense. The provision would also prohibit funds appropriated to the Department of Defense from being obligated or expended for term or temporary hiring authorities for enduring functions
The Senate amendment contained a similar provision (sec. 1101)
The agreement includes the House provision with an amendment that would strike the prohibition on the use of funds for term or temporary hiring authorities

Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense (sec. 1103)
The House bill contained a provision (sec. 1112) that would amend section 1108 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283)to provide that the temporary authority to appoint retired members of the Armed Forces to civilian positions applies to positions at any industrial base facility, range, or test facility. The provision would also eliminate the grade and certification limitations in the underlying statute
The Senate amendment contained no similar provision
The agreement includes the House provision with an amendment that would preserve the grade and certification limitations in the underlying statutory authority

Authority to employ civilian faculty members at the Defense Institute of International Legal Studies (sec. 1104)
The Senate amendment contained a provision (sec. 1104) that would amend section 1595 of title 10, United States Code, to authorize the Secretary of Defense to employ and pay faculty at the Defense Institute of International Legal Studies as the Secretary considers necessary)
The House bill contained no similar provision
The agreement includes the Senate provision with a technical amendment

Consideration of employee performance in reductions in force for civilian positions in the Department of Defense (sec. 1105)
The House bill contained a provision (sec. 1107) that would amend section 1597 of title 10, United States Code, to provide that reductions in force within the Department of Defense follow the order of retention prescribed in section 3502 of title 5, United States Code
The Senate amendment contained a provision (sec. 1102) that would amend section 1597 of title 10, United States Code, to eliminate the primacy of performance ratings in reductions in force within the Department and require the Secretary of Defense to account for performance among other factors
The agreement includes the Senate provision

Repeal of 2-year probationary period (sec. 1106)
The House bill contained a provision (sec. 1108) that would repeal section 1599e of title 10, United States Code, which established a 2-year probationary period for new civilian employees in the Department of Defense
The Senate amendment contained no similar provision)
The agreement includes the House provision with an amendment that would repeal section 1599e, effective December 31, 2022, applicable to employees hired on or after that date

Modification of DARPA personnel management authority to attract science and engineering experts (sec. 1107)
The House bill contained a provision (sec. 1103) that would amend section 1599h(b) of title 10, United States Code, by adding the ability for the Defense Advanced Research Projects Agency (DARPA)
to pay for travel, transportation, and relocation expenses and services when hiring up to 15 individuals in any fiscal year
The Senate amendment contained a provision (sec. 211) that would authorize the Director of DARPA to provide additional compensation to technical program managers to support DARPA’s mission of funding and managing high-risk, high-reward research, development, and prototyping activities to support the National Defense Strategy
The agreement includes the Senate provision with an amendment that would provide the Director of DARPA with the authority to pay for travel, transportation, and relocation expenses and services and to pay additional compensation for certain personnel

Expansion of rate of overtime pay authority for Department of the Navy employees performing work overseas on naval vessels (sec. 1108)
The House bill contained a provision (sec. 1116) that would amend section 5542 of title 5, United States Code, to expand the circumstances under which certain Navy civilian employees are authorized to receive overtime pay to include work on any Navy vessel overseas
The Senate amendment contained no similar provision
The agreement includes the House provision with a technical amendment

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Repeal of crediting amounts received against pay of Federal employee or DC employee serving as a member of the National Guard of the District of Columbia (sec. 1109)
The House bill contained a provision (sec. 1119) that would amend section 5519 of title 5, United States Code, to repeal the requirement to offset National Guard pay of members of the District of Columbia (DC) National Guard who are also Federal employees, under certain mobilization authorities unique to members of the DC National Guard)
The Senate amendment contained no similar provision)
The agreement includes the House provision)

Treatment of hours worked under a qualified trade-of-time arrangement (sec. 1110)
The House bill contained a provision (sec. 1111) that would amend section 5542 of title 5, United States Code, to exclude hours worked as part of any trade-of-time arrangement from the calculation of overtime pay for Federal firefighters)
The Senate amendment contained no similar provision)
The agreement includes the House provision with a technical amendment)

Parental bereavement leave (sec. 1111)
The House bill contained a provision (sec. 1122) that would amend section 6382 of title 5, United States Code, to require 12 weeks of paid family leave under the Family Medical Leave Act for the death of a son or daughter of a Federal employee
The Senate amendment contained no similar provision
The agreement includes the House provision with an amendment that would add a new section 6329d of title 5, United States Code, to require 2 weeks of paid bereavement leave for Federal employees

One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas (sec. 1112)
The House bill included a provision (sec. 1101) 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 William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), to extend through 2022 the authority of heads of executive agencies to waive the limitation on the aggregate of basic and premium pay of employees who perform work in an overseas location that is in the area of responsibility of the Commander, U.S. Central Command (CENTCOM), or in a location that was formerly in CENTCOM but has been moved to the area of responsibility of the Commander, U.S. Africa Command, in support of a military operation or an operation in response to a declared emergency)
The Senate amendment contained an identical provision (sec. 1107))
The agreement includes this provision)

Extension of authority for temporary personnel flexibilities for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base civilian personnel (sec. 1113)
The House bill contained a provision (sec. 1118) that would extend through 2026 the authority for employees of Domestic Defense Industrial Base Facilities and the Major Range and Test Facilities Base hired to time-limited positions to compete for a permanent appointment in the competitive service
The Senate amendment contained no similar provision
The agreement includes the House provision

One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone (sec. 1114)
The House bill contained a provision (sec. 1102) that would extend by 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 amendment contained an identical provision (sec. 1106)
The agreement includes this provision

Assessment of Accelerated Promotion Program suspension (sec. 1115)
The House bill contained a provision (sec. 1117) that would require the Office of Personnel Management to conduct an assessment of the impacts of the 2016 suspension by the Navy of the Accelerated Promotion Program and submit a report to relevant congressional committees on the results of such assessment not later than 270 days after the date of the enactment of this Act
The Senate amendment contained no similar provision
The agreement includes the House provision with an amendment that would assign responsibility for the report to the Department of Defense Inspector General

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Increase in allowance based on duty at remote worksites (sec. 1116)
The House bill contained a provision (sec. 1113) that would require the Director of the Office of Personnel Management (OPM) to conduct an assessment of the remote site pay allowance authorized under section 5942 of title 5, United States Code, and propose a new rate of such allowance. The provision would further require the Director to submit this assessment to the President and the Congress
The Senate amendment contained no similar provision
The agreement includes the House provision

Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees (sec. 1117)
The House bill contained a provision (sec. 1121) that would prohibit Department of Defense officers and employees from participating personally and substantially in matters that the officer or employee knows, or reasonably should know, is likely to have a direct and predictable effect on the financial interests of: (1) Any organization for which the officer or employee has served as an employee, officer, director, trustee, or general partner in the past 2 years; (2) A former direct competitor or client of any organization for which the officer or employee has served in the past 2 years; or (3) Any employer with whom the officer or employee is seeking employment)
The Senate amendment contained a similar provision (sec. 1103) that would apply the restrictions with respect to organizations for which the officer or employee has served as an employee, officer, director, trustee, or general partner in the past 4 years
The agreement includes the House provision with an amendment that would that would prohibit Department of Defense officers and employees from knowingly participating personally and substantially in particular matters involving: (1) Any organization for which the officer or employee has served as an employee, officer, director, trustee, or general partner in the past 2 years; or (2) Any organization with whom the officer or employee is seeking employment. In addition, the amendment would authorize an officer or employee to participate in a matter described above based on a determination that, in light of all relevant circumstances, the interest of the Government in the officer or employee’s participation outweighs the concern that a reasonable person may question the integrity of the agency’s programs and operations)

Occupational series for digital career fields (sec. 1118)
The House bill contained a provision (sec. 5205) that would direct the Director of the Office of Personnel Management to establish or update one or more occupational series covering Federal Government positions in the fields of software development, software engineering, data science, and data management
The Senate amendment contained no similar provision
The agreement includes the House provision

LEGISLATIVE PROVISIONS NOT ADOPTED
Comptroller General review of Naval Audit Service operations
The House bill contained a provision (sec. 1105) that would require the Comptroller General of the United States to submit to congressional defense committees a report on the operations of the Naval Audit Service. The provision would also establish certain limitations on the transfer of any program carried out by the Naval Audit Service and a report by the Secretary of the Navy on the Navy’s assessment of the Comptroller General’s report
The Senate amendment contained no similar provision
The agreement does not include this provision)

Not adopted: Extension of temporary increase in maximum amount of voluntary separation incentive pay authorized for civilian employees of the Department of Defense
The Senate amendment contained a provision (sec. 1105) that would amend section 1107 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328) to extend the authority to pay the temporary increase in the maximum amount of voluntary separation incentive pay authorized to be paid to civilian employees of the Department of Defense
The House bill contained no similar provision)
The agreement does not include this provision)

Not adopted: Implementation of GAO recommendations on tracking, response, and training for civilian employees of the Department of Defense regarding sexual harassment and assault
The House bill contained a provision (sec. 1106) that would require the Secretary of Defense to develop a plan to address the recommendations contained in the February 9, 2021, Government Accountability Office (GAO) report titled, “Sexual Harassment and Assault: Guidance Needed to Ensure Consistent Tracking, Response, and Training for Department of Defense Civilians” (GAO-21-113)
The Senate amendment contained no similar provision
The agreement does not include this provision
We believe the matters raised in the GAO report are timely and important and must be addressed by the Department of Defense. Therefore, we direct the Secretary of Defense to develop a plan as described in subsection (a) of section 1106 of the House bill and to provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on such plan not later than July 1, 2022

Not adopted: Civilian Cybersecurity Reserve pilot project at United States Cyber Command
The Senate amendment contained a provision (sec. 1109) that would require the Commander, U.S. Cyber Command, to conduct a pilot program establishing a civilian cybersecurity reserve, to include the exercise of alternative employment authority, not subject to the authority of the Office of Personnel Management
The House bill contained no similar provision
The agreement does not include this provision

Not adopted: Including active duty in the armed forces in meeting service requirement for Federal employee family and medical leave
The House bill contained a provision (sec. 1110) that would amend section 101 of the Family and Medical Leave Act (Public Law 103–3) to count Active Duty service in the Armed Forces toward the service requirements for eligibility of Federal Employee Family and Medical Leave
The Senate amendment contained no similar provision
The agreement does not include this provision
We direct the Secretary of Defense to provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives, not later than July 1, 2022, on the impact the enactment of the underlying House provision would have on the military and civilian workforces of the Department of Defense

Not adopted: Limiting the number of local wage areas defined within a pay locality
The House bill contained a provision (sec. 1114) that would amend section 5343 of title 5, United States Code, to prohibit the Office of Personnel Management (OPM) from defining more than one Federal Wage System (FWS) local wage area within a General Schedule (GS) pay locality
The Senate amendment contained no similar provision)
The agreement does not include this provision
We note again that OPM is responsible for overseeing the implementation and administration of the FWS in consultation with other agencies, appropriate labor organizations, and the advice of the Federal Prevailing Rate Advisory Committee (FPRAC). Since 2010, the FPRAC has voted three times to recommend that OPM align FWS wage areas with GS locality pay areas across the country. OPM has not implemented these recommendations. We encourage OPM to address this longstanding issue as soon as possible

Not adopted: National Digital Reserve Corps
The House bill contained a provision (sec. 1115) that would establish within the General Services Administration the National Digital Reserve Corps to assist in addressing the digital and cybersecurity needs of executive agencies
The Senate amendment contained no similar provision
The agreement does not include this provision)

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Not adopted: Federal employee annual survey
The House bill contained a provision (sec. 1120)
that would require the Director of the Office of Personnel Management to conduct an annual survey of Federal employees to assess executive agency performance, leadership, employee satisfaction, and organizational resilience
The Senate amendment contained no similar provision
The agreement does not include this provision

Not adopted: Establishment of public website on Government policy and supporting positions
The House bill contained a provision (sec. 1132) that would replace the congressional publication entitled “United States Government Policy and Supporting Positions,” commonly known as the “Plum Book”, with an online public directory and would require the Office of Personnel Management to publish the information contained in the “Plum Book” on a public website in a format that is easily searchable and that otherwise meets certain data standards
The Senate amendment contained no similar provision
The agreement does not include this provision

Vaccination Rates Rise as Discipline Edges Closer for the Non-Compliant

Republican Leaders Renew Pressure to Return More Federal Employees to Regular Workplaces

Watch Begins for Federal Pay Raise Order

Still No Word on Extra Time Off for Christmas Holiday

House Backs New Whistleblower Protections, Seeks to Bar a Future ‘Schedule F’

Federal Retirement Mistakes to Avoid

OPM Addresses Standards for Ending Telework Arrangements

FERS Retirement Guide 2022