April 17, 2020
Defense Primer: Department of Defense Civilian Employees
Background
Some of the federal entities overseeing most DOD civilians
The foundation for the modern federal civil service, which
include the:
includes defense civilians, is the statutory Merit System
Principles found in Title 5 of the U.S. Code. The Office of
Office of Personnel Management (OPM);
Personnel Management (OPM) oversees the system.
Merit Systems Protection Board (MSPB);
Historically, by the 1830s, challenges in hiring and
Equal Employment Opportunity Commission (EEOC);
managing government civilians had become severe when
the spoils system, in which each presidential administration
Federal Labor Relations Authority (FLRA); and
replaced the federal workforce with its political supporters
Office of Special Counsel (OSC).
or party members , sparked increased interest in reform.
Post-civil war efforts to eliminate the spoils system were
The FLRA oversees DOD civilians who are members of a
underway in the Congress when a catalyst for immediate
collective bargaining unit (union). Because OPM does not
change arose from President Garfield’s assassination in
typically have jurisdiction over elements of the U.S.
1881 by a disgruntled supporter who was denied a job in
Intelligence Community (IC), OSC does not have
the President’s administration. Beginning in 1883, the
jurisdiction over IC elements in DOD and, with the
Congress periodically passed civil service reform bills for
exception of preference eligible veterans with more than
almost a century before establishing the current federal civil
one year of federal civilian service, MSPB does not have
service in 1978.
jurisdiction over the DOD civilian intelligence workforce.
Federal Employment
Specific law and policies governing DOD civilians are
DOD civilians are appointed to the federal civil service to
found in Title 10 of the U.S. Code and defense or military
perform a federal function under the supervision of another
department directives, instructions, and manuals. The DOD
federal employee or an appropriate federal official. DOD
official with direct responsibility for DOD civilians is the
may employ individuals in the various federal civil service
Undersecretary of Defense for Personnel and Readiness
employment classes consistent with its yearly appropriation
(USD(P&R)), who also serves as DOD’s Chief Human
for direct hire employees. Indirect-hire, government
Capital Officer (CHCO) (10 U.S.C. §136; 5 U.S.C. §1402).
contractor, and non-appropriated fund employees are not
members of the federal civil service. DOD civilians may
Civilians
exercise management or supervisory authority over service
DOD appropriates funds each year for DOD civilians based
members when authorized, but they do not have command
on the number of direct-hire Full-Time Equivalent (FTE)
or military justice authority over them.
units needed to meet its requirements (1 unit equals 2080
hours per year). The actual number of DOD civilians
Civil Service Employee Classification
typically fluctuates from the budgeted FTE number. The
There are three classes of federal civil service appointments
Defense Manpower Data Center (DMDC) reported 755,386
under Title 5 of the U.S. Code: competitive service,
total DOD civilians as of September 30, 2019. Table 1
excepted service, and senior executive service (SES). The
includes the FY 2020 authorized and FY 2021 requested
competitive service consists of all federal civil service
DOD FTE units.
positions that are not specifically excluded by OPM, statute,
or the President. The majority of federal employees and
Table 1. DOD Direct-Hire FTE
over 80 percent of DOD civilians are appointed in the
DOD
FY 2020
FY 2021
Percent
competitive service. The excepted service consists of all
federal civil service positions that are not included in the
Component
Authorized
Requested
Change
competitive service or SES. SES positions are those with
Defense
217,300
210,400
-4.00%
high-level managerial, supervisory, and policy making
responsibilities. The SES makes up less than one percent of
Army
180,800
186,100
2.90%
the federal civil service. A SES position in DOD is often
Navy
207,000
208,900
0.90%
analogous to a flag or general officer military position, but
it does not include command authority.
Air Force
169,800
168,100
-1.00%
Civil Service Authority and Oversight
Total
774,900
773,600
-0.20%
The general law governing DOD civilians is found in Titles
Source: DOD Budget Overview for FY 2021, p. 2-8, available at
5 and 29 of the U.S. Code, and Title VII of the Civil Rights
https://comptrol er.defense.gov/Portals/45/Documents/defbudget/fy20
Act of 1964, among others, and their associated federal
21/fy2021_Budget_Request_Overview_Book.pdf. Note: FTE
regulations. Title 5 identifies 14 Prohibited Personnel
numbers rounded by source.
Practices which complement the Merit System Principles.
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Defense Primer: Department of Defense Civilian Employees
Policy
DOD Cyber Excepted Service
DOD personnel policies, procedures, and programs for
Section 1599f of Title 10, U.S. Code, authorizes DOD to
managing DOD civilians are to be binding on all DOD
establish positions in the excepted service for carrying out
components. DOD civilians fill positions that do not require
the responsibilities of U.S. Cyber Command. This authority
military service members. DOD policy mandates that
includes individual pay setting for a DOD civilian required
managers of DOD civilians apply merit system principles
to perform, manage, or supervise U.S. Cyber Command
and prohibits certain personnel practices. DOD civilian
operations. Compensation under this authority is to be
policy is to be issued only when necessary to meet DOD
designed to attract and retain civilians with highly sought
unique needs or supplement federal civil service policy
cyber skills needed for DOD cyber operations.
(DOD Directives 1400.5, 1400.25).
DOD Civilian Acquisition Workforce
Development
Section 1762 of Title 10 of the U.S. Code authorizes DOD
Career development models in DOD are to be designed to
to establish a demonstration project for a DOD civilian
achieve a flexible and adaptable workforce of competent
acquisition workforce. The DOD civilian acquisition
employees. Developmental assignments are to be available
workforce includes all DOD civilians occupying designated
to aspiring civilian leaders to develop the competencies
defense acquisition positions. Table 2 includes the current
needed to succeed at higher levels of responsibility and to
civilian acquisition workforce total and component
provide advancement opportunities commensurate with
populations. A defense acquisition position is one that
ability. These assignments are to be made throughout DOD,
requires greater than 50 percent of its responsibilities to be
in other federal agencies, and with private industry.
acquisition functions. Section 4703 of Title 5 of the U.S.
Code allows DOD to apply recruitment, appointment, and
Unions
pay setting practices for the demonstration project positions
In 1978, Congress found that labor organizations and
that differ from those that apply to the general civil service
collective bargaining in the federal civil service are in the
system. Implemented in 1999, the project’s outcome after
public interest and concluded that unions contribute to the
its termination in 2023 is expected to allow DOD to
effective conduct of public business (5 U.S.C. §7101).
determine whether its modifications for improving the
DOD intelligence, law enforcement, and other designated
human resource management of the DOD civilian
employee categories are excluded from bargaining units by
acquisition workforce should be permanent.
statute or executive order. Managers and supervisors in any
employee category, and service members, are specifically
Table 3. DOD Civilian Acquisition Workforce
excluded by statute (5 U.S.C. §7103).
DOD
Inside
Outside
Component
Excepted Service
Component
U.S.
U.S.
Total
Excepted service appointments to the federal civil service
Army
12,039
230
12,269
are not subject to the competitive service requirements
prescribed by OPM or Title 5 of the U.S. Code. Such
Navy
7,228
20
7,248
appointments are made throughout DOD and across the
federal government. DOD has additional authority to make
Marine Corps
1,855
1
1,856
excepted service appointments to the federal civil service,
Air Force
19,416
96
19,512
under Title 10 of the U.S. Code, for a designated system,
service, workforce, or position, such as those discussed
Defense
5,248
54
5,302
below.
AcqDemo Total
45,786
401
46,187
DOD Civilian Intel igence Personnel System
Source: AcqDemo, https://acqdemo.hci.mil/demographics.html
The Defense Civilian Intelligence Personnel System
(Accessed April 4, 2020).
(DCIPS) is a human resource system, independent from
OPM, established in Sections 1601-1623 of Title 10 of the
DOD Designated Positions
U.S. Code. DCIPS is the exclusive system for DOD
Certain provisions in Title 10 of the U.S. Code allow DOD
civilians serving in intelligence and security positons. A
to appoint civilians into designated excepted service
DCIPS objective was to make the DOD intelligence and
positions, such as experts at departmental laboratories and
security enterprise an employer of choice for top talent. The
faculty at service colleges and service academies.
Undersecretary of Defense for Intelligence (USD(I))
Senior Executive Service
exercises overall supervision and policy oversight for
DCIPS, subject to coordination with the USD(P&R).
DOD manages members of the SES as a cohort through a
DCIPS has several features that distinguish it from the
career lifecycle, which includes selection, training, and
general civil service system. Two of them include the
assignments. DOD integrates the SES with its political
authority for DOD intelligence organizations to establish a
appointee and general and flag officer leadership. The SES
pay-banding and rank-in-person workforce. This allows
in DOD is to be designed for civilian leaders who possess
competitive qualification for a pay-level commensurate
the skill and experience needed to support its warfighting
with one’s performance and responsibilities without rigid
role and meet its management requirements.
time in service requirements (pay-band), and retention of
pay-level regardless of the position to which one is assigned
Alan Ott, Analyst in Defense and Intelligence Personnel
(rank-in-person).
Policy
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Defense Primer: Department of Defense Civilian Employees
IF11510
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