Home > 108th Congressional Bills > H.R. 1837 (ih) To improve the Federal acquisition workforce and the process for the acquisition of services by the Federal Government, and for other purposes. [Introduced in House] ...H.R. 1837 (ih) To improve the Federal acquisition workforce and the process for the acquisition of services by the Federal Government, and for other purposes. [Introduced in House] ...
Union Calendar No. 131
108th CONGRESS
1st Session
H. R. 1836
[Report No. 10809116, Part I]
To make changes to certain areas of the Federal civil service in order
to improve the flexibility and competitiveness of Federal human
resources management.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 29, 2003
Mr. Tom Davis of Virginia (for himself and Mr. Hunter) introduced the
following bill; which was referred to the Committee on Government
Reform, and in addition to the Committees on Armed Services and
Science, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
May 19, 2003
Reported from the Committee on Government Reform with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
May 19, 2003
Referral to the Committee on Armed Services extended for a period
ending not later than May 20, 2003
May 19, 2003
Referral to the Committee on Science extended for a period ending not
later than July 25, 2003
May 20, 2003
Referral to the Committee on Armed Services extended for a period
ending not later than July 25, 2003
June 3, 2003
Referred to the Committee on Ways and Means for a period ending not
later than July 25, 2003 for consideration of such provisions of the
bill and amendment as fall within the jurisdiction of that committee
pursuant to clause 1(s), rule X
July 25, 2003
Committees on Armed Services, Science, Ways and Means discharged;
committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on April
29, 2003]
_______________________________________________________________________
A BILL
To make changes to certain areas of the Federal civil service in order
to improve the flexibility and competitiveness of Federal human
resources management.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Civil Service and
National Security Personnel Improvement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM
Sec. 101. Short title.
Sec. 102. Department of Defense national security personnel system.
TITLE II--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 201. Modification of the overtime pay cap.
Sec. 202. Civil Service Retirement System computation for part-time
service.
Sec. 203. Military leave for mobilized Federal civilian employees.
Sec. 204. Common occupational and health standards for differential
payments as a consequence of exposure to
asbestos.
Sec. 205. Increase in annual student loan repayment authority.
Sec. 206. Authorization for cabinet secretaries, secretaries of
military departments, and heads of
executive agencies to be paid on a biweekly
basis.
Sec. 207. Additional classes of individuals eligible to participate in
the Federal long-term care insurance
program.
Sec. 208. Clarification to Hatch Act; limitation on disclosure of
certain records.
Sec. 209. Senior Executive Service and performance.
Sec. 210. Design elements of pay-for-performance systems in
demonstration projects.
Sec. 211. Federal flexible benefits plan administrative costs.
Sec. 212. Nonreduction in pay while Federal employee is serving on
active duty in a reserve component of the
uniformed services.
Sec. 213. Employee surveys.
TITLE III--PROVISIONS RELATING TO THE SECURITIES AND EXCHANGE
COMMISSION AND THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Subtitle A--Securities and Exchange Commission
Sec. 301. Securities and Exchange Commission.
Subtitle B--National Aeronautics and Space Administration
Sec. 311. Workforce authorities and personnel provisions.
TITLE IV--HUMAN CAPITAL PERFORMANCE FUND
Sec. 401. Human Capital Performance Fund.
TITLE V--MISCELLANEOUS
Sec. 501. Prohibition on use of quotas.
TITLE I--DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM
SEC. 101. SHORT TITLE.
This title may be cited as the ``National Security Personnel System
Act''.
SEC. 102. 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
``Sec.
``9901. Definitions.
``9902. Establishment of human resources management system.
``9903. Attracting highly qualified experts.
``9904. Employment of older Americans.
``9905. Special pay and benefits for certain employees outside the
United States.
``Sec. 1A9901. 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. 1A9902. 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, and from time to time adjust, a human resources
management system for some or all of the organizational or functional
units of the Department of Defense. If the Secretary certifies that
issuance or adjustment of a regulation, or the inclusion, exclusion, or
modification of a particular provision therein, is essential to the
national security, the Secretary may, subject to the decision of the
President, waive the requirement in the preceding sentence that the
regulation or adjustment be issued jointly with the Director.
``(b) System Requirements.--Any system established under subsection
(a) shall--
``(1) be flexible;
``(2) be contemporary;
``(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;
``(4) ensure that employees may organize, bargain
collectively as provided for in this chapter, and participate
through labor organizations of their own choosing in decisions
which affect them, subject to the provisions of this chapter
and any exclusion from coverage or limitation on negotiability
established pursuant to law;
``(5) not be limited by any specific law or authority under
this title that is waivable under this chapter or by any
provision of this chapter or any rule or regulation prescribed
under this title that is waivable under this chapter, except as
specifically provided for in this section; and
``(6) include a performance management system that
incorporates the following elements:
``(A) Adherence to merit principles set forth in
section 2301.
``(B) A fair, credible, and transparent employee
performance appraisal system.
``(C) A link between the performance management
system and the agency's strategic plan.
``(D) A means for ensuring employee involvement in
the design and implementation of the system.
``(E) Adequate training and retraining for
supervisors, managers, and employees in the
implementation and operation of the performance
management system.
``(F) A process for ensuring ongoing performance
feedback and dialogue between supervisors, managers,
and employees throughout the appraisal period, and
setting timetables for review;
``(G) Effective safeguards to ensure that the
management of the system is fair and equitable and
based on employee performance.
``(H) A means for ensuring that adequate agency
resources are allocated for the design, implementation,
and administration of the performance management
system.
``(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 (except subchapter V
thereof), 57, 59, 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.
``(3) To the maximum extent practicable, the rates of compensation
for civilian employees at the Department of Defense shall be adjusted
at the same rate, and in the same proportion, as are rates of
compensation for members of the uniformed services.
``(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 any human resources management
system or adjustments to such system under this section, 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
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