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Following is the section of the Senate version of the annual defense budget bill affecting policies for its civilian employees, including extending a hiring preference now limited to spouses of military personnel to the spouses of DoD employees who are transferred.
One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas (sec. 1101) The committee recommends a provision 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.
One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone (sec. 1102) The committee recommends a provision 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.
Exclusion of positions in nonappropriated fund instrumentalities from limitations on dual pay (sec. 1103) The committee recommends a provision 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.
Exception to limitation on number of Senior Executive Service positions for the Department of Defense (sec. 1104) The committee recommends a provision 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 (SES) 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.
According to the United State Army Corps of Engineers (USACE), 67 percent of USACE SES positions are performing civil works activities funded by the energy and water development appropriations acts. The committee intends to ensure USACE civil works employees, funded by appropriations unrelated to national defense, are not included in DOD SES limitations.
Removal of Washington Headquarters Services direct support from personnel limitation on the Office of the Secretary of Defense (sec. 1105) The committee recommends a provision that would amend section 143(b) of title 10, United States Code, to modify the definition of ‘‘personnel’’ within the Office of the Secretary of Defense (OSD) contained in that subsection, and to which the personnel limitation contained in section 143 applies, to no longer include military and civilian personnel assigned to, or employed by, direct support activities of the OSD or the Washington Headquarters Services.
Consolidation of direct hire authorities for candidates with specified degrees at science and technology reinvention laboratories (sec. 1106) The committee recommends a provision 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.
Expansion and extension of direct hire authority for certain personnel of the Department of Defense (sec. 1107) The committee recommends a provision 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, first responders, and the Office of the Inspector General of the Department of Defense relating to oversight of the Ukraine conflict. In each case, use of the direct hire authority authorized by this section would be predicated on the Secretary of Defense determining the existence of a critical hiring need and a shortage of candidates.
Extension of direct hire authority for the Department of Defense for post-secondary students and recent graduates (sec. 1108) The committee recommends a provision 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 post-secondary students to competitive service positions in professional and administrative occupations until September 30, 2030.
Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base (sec. 1109) The committee recommends a provision 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 2028.
Authority to employ civilian faculty members at Space Force schools (sec. 1110) The committee recommends a provision 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.
Report and sunset relating to inapplicability of certification of executive qualifications by qualification review boards of Office of Personnel Management (sec. 1111) The committee recommends a provision 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 also 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 committee directs the Comptroller General to conduct a study assessing the Department’s report as well as the Department’s process for the use of this authority. The committee further directs the Comptroller General to brief the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Accountability of the House of Representatives on its preliminary findings, not later than 120 days after receiving the Department of Defense report, with findings presented thereafter in a mutually agreed upon format and time frame.
Extension of date of first employment for acquisition of competitive status for employees of Inspectors General for overseas contingency operations (sec. 1112) The committee recommends a provision 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.
Expansion of noncompetitive appointment eligibility to spouses of Department of Defense civilians (sec. 1113) The committee recommends a provision 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 also 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.
Elimination of Government Accountability Office review requirement relating to Department of Defense personnel authorities (sec. 1114) The committee recommends a provision 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.
Amendments to the John S. McCain Strategic Defense Fellows Program (sec. 1115) The committee recommends a provision 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.
Civilian Cybersecurity Reserve pilot project (sec. 1116) The committee recommends a provision that would require the Secretary of the Army to conduct a pilot program establishing a civilian cybersecurity reserve within the U.S. Army in order to provide manpower to the cyber operations forces of U.S. Cyber Command.
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