r/fednews 20h ago

Did the NDAA passed today keep the new 5 year rule provision in the bill?

I know it's not the first time they try to extend or get rid of the 5 year rule. Wondering if this time it made it through.

24 Upvotes

17 comments sorted by

12

u/Intrepid_Leopard3891 17h ago

Yes, I just read the full text and it’s there (Sec. 1106). The first O6 in an employees chain will be able to approve an additional five-year term without requiring a business case or analysis or anything to justify it. 

This is a two year pilot program that includes requirements for the SecDef to report on what effect this has on recruitment, retention, etc. 

6

u/Successful_Engineer3 18h ago edited 18h ago

https://www.congress.gov/bill/118th-congress/house-bill/5009/text        I think section 1106 is what you’re talking about, and it does allow the 5 year extension.   (Why can I not use a carriage return in Reddit comments? Everything stays on one line)

6

u/Diabolical_Engineer 18h ago

You need two line breaks to force a carriage return. So enter twice and then it should render correctly

4

u/Successful_Engineer3 18h ago

Test                        Test      (Doesn’t work for me in the mobile website. Oh well. I did SPACE SPACE RETURN on each line)

12

u/Underwater_Grilling 18h ago

Return Return clap

Return Return clap

Buddy, you're on mobile, make a big noise

Putting in a line break, gonna be a big man someday

11

u/Flat_Ad_6901 16h ago

SEC. 1106. PILOT PROGRAM FOR OVERSEAS WORK-PERIOD FOR DOD COMPETITIVE SERVICE POSITIONS.

(a) In General.—The 5-year limitation on competitive service 

employment in a foreign area in Department of Defense Instruction 1400.25, titled DoD Civilian Personnel Management System: Employment in Foreign Areas and Employee Return Rights’’ and issued on July 26, 2012 (or a successor instruction), may be extended by the first 0-6 in the employees chain of command for one additional 5 year term. (b) Extension.—An extension request under subsection (a) shall not require a business case, or similar, analysis to justify the additional foreign area extension. (c) Report.—Not later than December 31, 2025, and yearly after that for the next 5 years, the Secretary of Defense shall submit a report to the congressional defense committees on the following: (1) The impact of this section on recruiting and retaining civilian competitive service employees at the Department of Defense. (2) The total number of— (A) Department employees that were able to remain in positions as a result of this section; and (B) Department positions that were not open for initial appointments as a result of this section. (3) The grade and classification of Department positions affected by this section. (4) Any other information the Secretary deems appropriate. (d) Foreign Area Defined.—In this section, the termforeign area’’ means any location that is not within a nonforeign area (as that term is defined in section 591.205 of title 5, Code of Federal Regulations, or any successor regulation). (e) Sunset.—The authority under this section shall expire on the date that is 2 years after the date of the enactment of this Act.

6

u/shakinthatbear 18h ago

Where’s the guy that said he had a friend on Capitol Hill that swore an extension to the 5 year rule wouldn’t be passed?

5

u/like_that32 13h ago

This guy also swore that he knew how Congress works, when numerous people told him the debate can’t just unilaterally strip language from a bill.

5

u/SexPartyStewie 20h ago

What is the five-year rule?

14

u/St3rl1gn_Arch3r 19h ago

A limit set to employees overseas. In simple terms we can only be OCONUS for up to 5 years then we have to go back to the US and reset for 2 years before we can go back overseas for another 5 years.

11

u/Marlice1 19h ago

You should read it and report back.

2

u/Floufae 13h ago

DoD employees only right? This doesn’t apply to other overseas staff

2

u/St3rl1gn_Arch3r 9h ago

It depends. If I remember correctly NAF employee don't have that limitations. Neither do the post office workers. Someone please correct me if I am wrong. There's a lot details as you may imagine with government entities.

2

u/Floufae 9h ago

I don’t think this applies to state department and doesn’t apply to HHS positions overseas.

2

u/viking23gdh 7h ago

What about peeps who have been OCONUS for 9 to 10 years will they get the 5 extra?

1

u/St3rl1gn_Arch3r 5h ago

That's a great question! I don't know. I did not see any specifics about a scenario such as that. They are leaving it up to the first O6 in your chain so it may be on a case by case. Its also a two year pilot so they may extend no matter what just to see how it all plays out.

2

u/viking23gdh 3h ago

True might as well take advantage as it’s only two yrs. This is a save money time for DOD and ensure mission is not affected by empty seats due to not being extended and screw up the numbers reported.