108th CONGRESS
1st Session
S. 1166
To establish a Department of Defense national security personnel
system and for other purposes.
IN THE SENATE OF THE UNITED STATES
June 2, 2003
Ms. COLLINS (for herself, Mr. LEVIN, Mr. VOINOVICH, and Mr. SUNUNU) introduced
the following bill; which was read twice and referred to the Committee on
Governmental Affairs
A BILL
To establish a Department of Defense national security personnel
system and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Security Personnel System Act'.
SEC. 2. DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM.
(a) IN GENERAL- (1) Subpart I of part III of title 5, United States Code,
is amended by adding at the end the following new chapter:
`CHAPTER 99--DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM
`9902. Establishment of human resources management system.
`9903. Contracting for personal services.
`9904. Attracting highly qualified experts.
`9905. Special pay and benefits for certain employees outside the United
States.
`Sec. 9901. Definitions
`For purposes of this chapter--
`(1) the term `Director' means the Director of the Office of Personnel Management;
and
`(2) the term `Secretary' means the Secretary of Defense.
`Sec. 9902. Establishment of human resources management system
`(a) IN GENERAL- Notwithstanding any other provision of this part, the Secretary
may, in regulations prescribed jointly with the Director, establish a human
resources management system for some or all of the organizational or functional
units of the Department of Defense. The human resources system established
under authority of this section shall be referred to as the `National Security
Personnel System'.
`(b) SYSTEM REQUIREMENTS- The National Security Personnel System established
under subsection (a) shall--
`(3) not waive, modify, or otherwise affect--
`(A) the public employment principles of merit and fitness set forth in
section 2301, including the principles of hiring based on merit, fair
treatment without regard to political affiliation or other nonmerit considerations,
equal pay for equal work, and protection of employees against reprisal
for whistleblowing;
`(B) any provision of section 2302, relating to prohibited personnel practices;
`(C)(i) any provision of law referred to in section 2302(b)(1), (8), and
(9); or
`(ii) any provision of law implementing any provision of law referred
to in section 2302(b) (1), (8), and (9) by--
`(I) providing for equal employment opportunity through affirmative
action; or
`(II) providing any right or remedy available to any employee or applicant
for employment in the public service;
`(D) any other provision of this part (as described in subsection (c));
or
`(E) any rule or regulation prescribed under any provision of law referred
to in this paragraph; and
`(4) not be limited by any specific law, authority, rule, or regulation
prescribed under this title that is waived in regulations prescribed under
this chapter.
`(c) OTHER NONWAIVABLE PROVISIONS- The other provisions of this part referred
to in subsection (b)(3)(D) are (to the extent not otherwise specified in this
title)--
`(1) subparts A, B, E, G, and H of this part; and
`(2) chapters 41, 45, 47, 55, 57, 59, 71, 72, 73, and 79, and this chapter.
`(d) LIMITATIONS RELATING TO PAY- (1) Nothing in this section shall constitute
authority to modify the pay of any employee who serves in an Executive Schedule
position under subchapter II of chapter 53 of this title.
`(2) Except as provided for in paragraph (1), the total amount in a calendar
year of allowances, differentials, bonuses, awards, or other similar cash
payments paid under this title to any employee who is paid under section 5376
or 5383 of this title or under title 10 or under other comparable pay authority
established for payment of Department of Defense senior executive or equivalent
employees may not exceed the total annual compensation payable to the Vice
President under section 104 of title 3.
`(e) PROVISIONS TO ENSURE COLLABORATION WITH EMPLOYEE REPRESENTATIVES- (1)
In order to ensure that the authority of this section is exercised in collaboration
with, and in a manner that ensures the participation of, employee representatives
in the planning, development, and implementation of the National Security
Personnel System, the Secretary and the Director shall provide for the following:
`(A) The Secretary and the Director shall, with respect to any proposed
system or adjustment--
`(i) provide to the employee representatives representing any employees
who might be affected a written description of the proposed system or
adjustment (including the reasons why it is considered necessary);
`(ii) give such representatives at least 30 calendar days (unless extraordinary
circumstances require earlier action) to review and make recommendations
with respect to the proposal; and
`(iii) give any recommendations received from such representatives under
clause (ii) full and fair consideration in deciding whether or how to
proceed with the proposal.
`(B) Following receipt of recommendations, if any, from such employee representatives
with respect to a proposal described in subparagraph (A), the Secretary
and the Director shall accept such modifications to the proposal in response
to the recommendations as they determine advisable and shall, with respect
to any parts of the proposal as to which they have not accepted the recommendations--
`(i) notify Congress of those parts of the proposal, together with the
recommendations of the employee representatives;
`(ii) meet and confer for not less than 30 calendar days with the employee
representatives, in order to attempt to reach agreement on whether or
how to proceed with those parts of the proposal; and
`(iii) at the Secretary's option, or if requested by a majority of the
employee representatives participating, use the services of the Federal
Mediation and Conciliation Service during such meet and confer period
to facilitate the process of attempting to reach agreement.
`(C)(i) Any part of the proposal as to which the representatives do not
make a recommendation, or as to which the recommendations are accepted by
the Secretary and the Director, may be implemented immediately.
`(ii) With respect to any parts of the proposal as to which recommendations
have been made but not accepted by the Secretary and the Director, at any
time after 30 calendar days have elapsed since the initiation of the congressional
notification, consultation, and mediation procedures set forth in subparagraph
(B), if the Secretary, in his discretion, determines that further consultation
and mediation is unlikely to produce agreement, the Secretary may implement
any or all of such parts (including any modifications made in response to
the recommendations as the Secretary determines advisable), but only after
30 days have elapsed after notifying Congress of the decision to implement
the part or parts involved (as so modified, if applicable).
`(iii) The Secretary shall notify Congress promptly of the implementation
of any part of the proposal and shall furnish with such notice an explanation
of the proposal, any changes made to the proposal as a result of recommendations
from the employee representatives, and of the reasons why implementation
is appropriate under this subparagraph.
`(D) If a proposal described in subparagraph (A) is implemented, the Secretary
and the Director shall--
`(i) develop a method for the employee representatives to participate
in any further planning or development which might become necessary; and
`(ii) give the employee representatives adequate access to information
to make that participation productive.
`(2) The Secretary may, at the Secretary's discretion, engage in any and all
collaboration activities described in this subsection at an organizational
level above the level of exclusive recognition.
`(3) In the case of any employees who are not within a unit with respect to
which a labor organization is accorded exclusive recognition, the Secretary
and the Director may develop procedures for representation by any appropriate
organization which represents a substantial percentage of those employees
or, if none, in such other manner as may be appropriate, consistent with the
purposes of this subsection.
`(f) PAY-FOR-PERFORMANCE EVALUATION SYSTEM- (1) The National Security Personnel
System established in accordance with this chapter shall include a pay-for-performance
evaluation system to better link individual pay to performance and provide
an equitable method for appraising and compensating employees.
`(2) The regulations implementing this chapter shall--
`(A) group employees into pay bands in accordance with the type of work
that such employees perform and their level of responsibility;
`(B) establish a performance rating process, which shall include, at a minimum--
`(ii) communication and feedback requirements;
`(iii) performance scoring systems;
`(iv) a system for linking performance scores to salary increases and
performance incentives;
`(vi) a process for addressing performance that fails to meet expectations;
and
`(vii) a pay-out process;
`(C) establish an upper and lower salary level for each pay band;
`(D) ensure that performance objectives are established for individual position
assignments and position responsibilities; and
`(E) establish performance factors to be used to evaluate the accomplishment
of performance objectives and ensure that comparable scores are assigned
for comparable performance, while accommodating diverse individual objectives.
`(3) For fiscal years 2004 through 2008, the overall amount allocated for
compensation of the civilian employees of an organizational or functional
unit of the Department of Defense that is included in the National Security
Personnel System shall not be less than the amount of civilian pay that would
have been allocated to such compensation under the General Schedule system,
based on--
`(A) the number and mix of employees in such organizational or functional
unit prior to the conversion of such employees to the National Security
Personnel System; and
`(B) adjusted for normal step increases and rates of promotion that would
have been expected,
had such employees remained in the General Schedule system.
`(4) The regulations implementing the National Security Personnel System shall
provide a formula for calculating the overall amount to be allocated for fiscal
years after fiscal year 2008 for compensation of the civilian employees of
an organizational or functional unit of the Department of Defense that is
included in the National Security Personnel System. The formula shall ensure
that such employees are not disadvantaged in terms of the overall amount of
pay available as a result of conversion to the National Security Personnel
System, while providing flexibility to accommodate changes in the function
of the organization, changes in the mix of employees performing those functions,
and other changed circumstances that might impact pay levels.
`(5) Funds allocated for compensation of the civilian employees of an organizational
or functional unit of the Department of Defense in accordance with paragraph
(3) or (4) may not be made available for any other purpose unless the Secretary
of Defense determines that such action is necessary in the national interest
and submits a reprogramming notification in accordance with established procedures.
`(g) PERFORMANCE MANAGEMENT SYSTEM- The Secretary of Defense shall develop
and implement for organizational and functional units included in the National
Security Personnel System, a performance management system that includes--
`(1) adherence to merit principles set forth in section 2301;
`(2) a fair, credible, and equitable system that results in meaningful distinctions
in individual employee performance;
`(3) a link between the performance management system and the agency's strategic
plan;
`(4) a means for ensuring employee involvement in the design and implementation
of the system;
`(5) adequate training and retraining for supervisors, managers, and employees
in the implementation and operation of the performance management system;
`(6) a process for ensuring ongoing performance feedback and dialogue between
supervisors, managers, and employees throughout the appraisal period, and
setting timetables for review;
`(7) effective transparency and accountability measures to ensure that the
management of the system is fair, credible, and equitable, including appropriate
independent reasonableness, reviews, internal grievance procedures, internal
assessments, and employee surveys; and
`(8) a means for ensuring that adequate agency resources are allocated for
the design, implementation, and administration of the performance management
system.
`(h) PROVISIONS REGARDING NATIONAL LEVEL BARGAINING- (1) The National Security
Personnel System implemented or modified under this chapter may include employees
of the Department of Defense from any bargaining unit with respect to which
a labor organization has been accorded exclusive recognition under chapter
71 of this title.
`(2) For issues impacting more than 1 bargaining unit so included under paragraph
(1), the Secretary may bargain at an organizational level above the level
of exclusive recognition. Any such bargaining shall--
`(A) be binding on all subordinate bargaining units at the level of recognition
and their exclusive representatives, and the Department of Defense and its
subcomponents, without regard to levels of recognition;
`(B) supersede all other collective bargaining agreements, including collective
bargaining agreements negotiated with an exclusive representative at the
level of recognition, except as otherwise determined by the Secretary; and
`(C) not be subject to further negotiations for any purpose, including bargaining
at the level of recognition, except as provided for by the Secretary.
`(3) The National Guard Bureau and the Army and Air Force National Guard are
excluded from coverage under this subsection.
`(4) Any bargaining completed pursuant to this subsection with a labor organization
not otherwise having national consultation rights with the Department of Defense
or its subcomponents shall not create any obligation on the Department of
Defense or its subcomponents to confer national consultation rights on such
a labor organization.
`(i) PROVISIONS RELATING TO APPELLATE PROCEDURES- (1) The Secretary--
`(A) may establish an appeals process that provides employees of the Department
of Defense organizational and functional units that are included in the
National Security Personnel System fair treatment in any appeals that they
bring in decisions relating to their employment; and
`(B) shall in prescribing regulations for any such appeals process--
`(i) ensure that employees in the National Security Personnel System are
afforded the protections of due process; and
`(ii) toward that end, be required to consult with the Merit Systems Protection
Board before issuing any such regulations.
`(2) Regulations implementing the appeals process may establish legal standards
for adverse actions to be taken on the basis of employee misconduct or performance
that fails to meet expectations. Such standards shall be consistent with the
public employment principles of merit and fitness set forth in section 2301.
Legal standards and precedents applied before the effective date of this section
by the Merit Systems Protection Board and the courts under chapters 75 and
77 of this title shall apply to employees of organizational and functional
units included in the National Security Personnel System, unless such standards
and precedents are inconsistent with legal standards established under this
paragraph.
`(3) An employee who is adversely affected by a final decision under the appeals
process established under paragraph (1) shall have the right to petition the
Merit Systems Protection Board for review of that decision. The
Board may dismiss any petition that, in the view of the Board, does not raise
substantial questions of fact or law. No personnel action shall be stayed
and no interim relief shall be granted during the pendency of the Board's
review unless specifically ordered by the Board.
`(4) The Board shall order such corrective action as the Board considers appropriate
if the Board determines that the decision was--
`(A) arbitrary, capricious, an abuse of discretion, or otherwise not in
accordance with law;
`(B) obtained without procedures required by law, rule, or regulation having
been followed; or
`(C) unsupported by substantial evidence.
`(5) An employee who is adversely affected by a final order or decision of
the Board may obtain judicial review of the order or decision as provided
in section 7703. The Secretary of Defense may obtain judicial review of any
final order or decision of the Board under the same terms and conditions as
provided for the Director of the Office of Personnel Management under section
7703.
`(6) Nothing in this subsection shall be construed to authorize the waiver
of any provision of law, including an appeals provision providing a right
or remedy under section 2302(b) (1), (8), or (9), that is not otherwise waivable
under subsection (a).
`(j) PHASE-IN- (1) The Secretary of Defense is authorized to apply the National
Security Personnel System established in accordance with subsection (a) to
organizational or functional units including--
`(A) up to 120,000 civilian employees of the Department of Defense in fiscal
year 2004;
`(B) up to 240,000 civilian employees of the Department of Defense in fiscal
year 2005; and
`(C) more than 240,000 civilian employees in a fiscal year after fiscal
year 2005, if the Secretary of Defense determines in accordance with subsection
(a) that the Department has in place--
`(i) a performance management system that meets the criteria specified
in subsection (g); and
`(ii) a pay formula that meets the criteria specified in subsection (f).
`(2) Civilian employees in organizational or functional units participating
in Department of Defense personnel demonstration projects shall be counted
as participants in the National Security Personnel System for the purpose
of the limitations established under paragraph (1).
`(k) PROVISIONS RELATED TO SEPARATION AND RETIREMENT INCENTIVES- (1) The Secretary
may establish a program within the Department of Defense under which employees
may be eligible for early retirement, offered separation incentive pay to
separate from service voluntarily, or both. This authority may be used to
reduce the number of personnel employed by the Department of Defense or to
restructure the workforce to meet mission objectives without reducing the
overall number of personnel. This authority is in addition to, and notwithstanding,
any other authorities established by law or regulation for such programs.
`(2)(A) The Secretary may not authorize the payment of voluntary separation
incentive pay under paragraph (1) to more than 10,000 employees in any fiscal
year, except that employees who receive voluntary separation incentive pay
as a result of a closure or realignment of a military installation under the
Defense Base Closure and Realignment Act of 1990 (title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) shall not be included in that number.
`(B) The Secretary shall prepare a report each fiscal year setting forth the
number of employees who received such pay as a result of a closure or realignment
of a military base as described under subparagraph (A).
`(C) The Secretary shall submit the report under subparagraph (B) to--
`(i) the Committee on the Armed Services and the Committee on Government
Affairs of the Senate; and
`(ii) the Committee on Armed Services and the Committee on Government Reform
of the House of Representatives.
`(3) For purposes of this section, the term `employee' means an employee of
the Department of Defense, serving under an appointment without time limitation,
except that such term does not include--
`(A) a reemployed annuitant under subchapter III of chapter 83 or chapter
84 of this title, or another retirement system for employees of the Federal
Government;
`(B) an employee having a disability on the basis of which such employee
is or would be eligible for disability retirement under any of the retirement
systems referred to in paragraph (1); or
`(C) for purposes of eligibility for separation incentives under this section,
an employee who is in receipt of a decision notice of involuntary separation
for misconduct or unacceptable performance.
`(4) An employee who is at least 50 years of age and has completed 20 years
of service, or has at least 25 years of service, may, pursuant to regulations
promulgated under this section, apply and be retired from the Department of
Defense and receive benefits in accordance with chapter 83 or 84 if the employee
has been employed continuously within the Department of Defense for more than
30 days before the date on which the determination to conduct a reduction
or restructuring within 1 or more Department of Defense components is approved
pursuant to the system established under subsection (a).
`(5)(A) Separation pay shall be paid in a lump sum or in installments and
shall be equal to the lesser of--
`(i) an amount equal to the amount the employee would be entitled to receive
under section 5595(c) of this title, if the employee were entitled to payment
under such section; or
`(B) Separation pay shall not be a basis for payment, and shall not be included
in the computation, of any other type of Government benefit. Separation pay
shall not be taken into account for the purpose of determining the amount
of any severance pay to which an individual may be entitled under section
5595 of this title, based on any other separation.
`(C) Separation pay, if paid in installments, shall cease to be paid upon
the recipient's acceptance of employment by the Federal Government, or commencement
of
work under a personal services contract as described in paragraph (5).
`(6) An employee who receives separation pay under this section on the basis
of a separation occurring on or after the date of the enactment of the Federal
Workforce Restructuring Act of 1994 (Public Law 103-236; 108 Stat. 111) and
accepts employment with the Government of the United States, or who commences
work through a personal services contract with the United States within 5
years after the date of the separation on which payment of the separation
pay is based, shall be required to repay the entire amount of the separation
pay to the Department of Defense. If the employment is with an Executive agency
(as defined by section 105 of this title) other than the Department of Defense,
the Director may, at the request of the head of that agency, waive the repayment
if the individual involved possesses unique abilities and is the only qualified
applicant available for the position. If the employment is within the Department
of Defense, the Secretary may waive the repayment if the individual involved
is the only qualified applicant available for the position. If the employment
is with an entity in the legislative branch, the head of the entity or the
appointing official may waive the repayment if the individual involved possesses
unique abilities and is the only qualified applicant available for the position.
If the employment is with the judicial branch, the Director of the Administrative
Office of the United States Courts may waive the repayment if the individual
involved possesses unique abilities and is the only qualified applicant available
for the position.
`(7) Under this program, early retirement and separation pay may be offered
only pursuant to regulations established by the Secretary, subject to such
limitations or conditions as the Secretary may require.
`(l) PROVISIONS RELATING TO HIRING- Notwithstanding subsection (c), the Secretary
may exercise any hiring flexibilities that would otherwise be available to
the Secretary under section 4703(a)(1). Veterans shall be offered preference
in hiring.
`Sec. 9903. Contracting for personal services
`(a) OUTSIDE THE UNITED STATES- The Secretary may contract with individuals
for services to be performed outside the United States as determined by the
Secretary to be necessary and appropriate for supporting the activities and
programs of the Department of Defense outside the United States.
`(b) NO FEDERAL EMPLOYEES- Individuals employed by contract under subsection
(a) shall not, by virtue of such employment, be considered employees of the
United States Government for the purposes of--
`(1) any law administered by the Office of Personnel Management; or
`(2) under the National Security Personnel System established under this
chapter.
`(c) APPLICABILITY OF LAW- Any contract entered into under subsection (a)
shall not be subject to any statutory provision prohibiting or restricting
the use of personal service contracts.
`Sec. 9904. Attracting highly qualified experts
`(a) IN GENERAL- The Secretary may carry out a program using the authority
provided in subsection (b) in order to attract highly qualified experts in
needed occupations, as determined by the Secretary.
`(b) AUTHORITY- Under the program, the Secretary may--
`(1) appoint personnel from outside the civil service and uniformed services
(as such terms are defined in section 2101 of this title) to positions in
the Department of Defense without regard to any provision of this title
governing the appointment of employees to positions in the Department of
Defense;
`(2) prescribe the rates of basic pay for positions to which employees are
appointed under paragraph (1) at rates not in excess of the maximum rate
of basic pay authorized for senior-level positions under section 5376 of
this title, as increased by locality-based comparability payments under
section 5304 of this title, notwithstanding any provision of this title
governing the rates of pay or classification of employees in the executive
branch; and
`(3) pay any employee appointed under paragraph (1) payments in addition
to basic pay within the limits applicable to the employee under subsection
(d).
`(c) LIMITATION ON TERM OF APPOINTMENT- (1) Except as provided in paragraph
(2), the service of an employee under an appointment made pursuant to this
section may not exceed 5 years.
`(2) The Secretary may, in the case of a particular employee, extend the period
to which service is limited under paragraph (1) by up to 1 additional year
if the Secretary determines that such action is necessary to promote the Department
of Defense's national security missions.
`(d) LIMITATIONS ON ADDITIONAL PAYMENTS- (1) The total amount of the additional
payments paid to an employee under this section for any 12-month period may
not exceed the lesser of the following amounts:
`(A) $50,000 in fiscal year 2004, which may be adjusted annually thereafter
by the Secretary, with a percentage increase equal to one-half of 1 percentage
point less than the percentage by which the Employment Cost Index, published
quarterly by the Bureau of Labor Statistics, for the base quarter of the
year before the preceding calendar year exceeds the Employment Cost Index
for the base quarter of the second year before the preceding calendar year.
`(B) The amount equal to 50 percent of the employee's annual rate of basic
pay.
For purposes of this paragraph, the term `base quarter' has the meaning given
such term by section 5302(3).
`(2) An employee appointed under this section is not eligible for any bonus,
monetary award, or other monetary incentive for service except for payments
authorized under this section.
`(3) Notwithstanding any other provision of this subsection or of section
5307, no additional payments may be paid to an employee under this section
in any calendar year if, or to the extent that, the employee's total annual
compensation will exceed the maximum amount of total annual compensation payable
at the salary set in accordance with section 104 of title 3.
`(e) LIMITATION ON NUMBER OF HIGHLY QUALIFIED EXPERTS- The number of highly
qualified experts
appointed and retained by the Secretary under subsection (b)(1) shall not
exceed 300 at any time.
`(f) SAVINGS PROVISIONS- In the event that the Secretary terminates this program,
in the case of an employee who, on the day before the termination of the program,
is serving in a position pursuant to an appointment under this section--
`(1) the termination of the program does not terminate the employee's employment
in that position before the expiration of the lesser of--
`(A) the period for which the employee was appointed; or
`(B) the period to which the employee's service is limited under subsection
(c), including any extension made under this section before the termination
of the program; and
`(2) the rate of basic pay prescribed for the position under this section
may not be reduced as long as the employee continues to serve in the position
without a break in service.
`Sec. 9905. Special pay and benefits for certain employees outside the United
States
`The Secretary may provide to certain civilian employees of the Department
of Defense assigned to activities outside the United States as determined
by the Secretary to be in support of Department of Defense activities abroad
hazardous to life or health or so specialized because of security requirements
as to be clearly distinguishable from normal Government employment--
`(1) allowances and benefits--
`(A) comparable to those provided by the Secretary of State to members
of the Foreign Service under chapter 9 of title I of the Foreign Service
Act of 1980 (Public Law 96-465, 22 U.S.C. 4081 et seq.) or any other provision
of law; or
`(B) comparable to those provided by the Director of Central Intelligence
to personnel of the Central Intelligence Agency; and
`(2) special retirement accrual benefits and disability in the same manner
provided for by the Central Intelligence Agency Retirement Act (50 U.S.C.
2001 et seq.) and in section 18 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403r).'.
(2) The table of chapters for part III of such title is amended by adding
at the end of subpart I the following new item:
-`99.
-Department of Defense National Security Personnel System
-9901'.
(b) IMPACT ON DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL- (1) Any exercise of
authority under chapter 99 of such title (as added by subsection (a)), including
under any system established under such chapter, shall be in conformance with
the requirements of this subsection.
(2) No other provision of this Act or of any amendment made by this Act may
be construed or applied in a manner so as to limit, supersede, or otherwise
affect the provisions of this section, except to the extent that it does so
by specific reference to this section.
(c) EXTERNAL THIRD-PARTY REVIEW OF LABOR-MANAGEMENT DISPUTES- Chapter 71 of
title 5, United States Code is amended--
(1) in section 7105(a), by adding at the end the following:
`(3)(A) In carrying out subparagraphs (C), (D), (E), (F), and (H) of paragraph
(2), in matters that involve agencies and employees of the Department of Defense,
the Authority shall take final action within 180 days after the filing of
a charge, unless--
`(i) there is express approval of the parties to extend the 180-day period;
or
`(ii) the Authority extends the 180-day period under subparagraph (B).
`(B) In cases raising significant issues that involve agencies and employees
of the Department of Defense, the Authority may extend the time limit under
subparagraph
(A), and the time limits under sections 7105(e)(1), 7105(f) and 7118(a)(9)
of this title, if the Authority gives notice to the public of the opportunity
for interested persons to file amici curiae briefs.';
(2) in section 7105(e), by adding at the end the following:
`(3) If a representation inquiry or election involves employees of the Department
of Defense, the regional director shall, absent express approval from the
parties, complete the tasks delegated to the regional authority under paragraph
(1) within 180 days after the delegation.';
(A) by inserting `(1)' after `(f)';
(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B),
respectively; and
(C) by adding at the end the following:
`(2) In any dispute that involves agencies and employees within the Department
of Defense, if review is granted, the Authority action to affirm, modify,
or reverse any action shall, absent express approval from the parties, be
completed within 120 days after the grant of review.';
(4) in section 7118(a), by adding at the end the following:
`(9)(A) Any individual conducting a hearing described in paragraph (7) or
(8), involving an unfair labor practice allegation within the Department of
Defense, shall complete the hearing and make any determinations within 180
days after the filing of a charge under paragraph (1). The Authority's review
of any such determinations shall, absent express approval from the parties,
be completed within 180 days after the filing of any exceptions.
`(B) The 180-day periods under subparagraph (A) shall apply, unless there
is express approval of the parties to extend a period.'; and
(5) in section 7119(c)(5)(C), by adding at the end the following: `The Panel
shall, absent express approval from the parties, take final action within
180 days after being presented with an impasse between agencies and employees
within the Department of Defense.'.
SEC. 3. MILITARY LEAVE FOR MOBILIZED FEDERAL CIVILIAN EMPLOYEES.
(a) IN GENERAL- Subsection (b) of section 6323 of title 5, United States Code,
is amended--
(A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii),
respectively, and at the end of clause (ii), as so redesignated, by inserting
`or'; and
(B) by inserting `(A)' after `(2)'; and
(2) by inserting the following before the text beginning with `is entitled':
`(B) performs full-time military service as a result of a call or order
to active duty in support of a contingency operation as defined in section
101(a)(13) of title 10;'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to military
service performed on or after the date of the enactment of this Act.
END
