Proposed Civilian Personnel System Supporting “Space Force”

Proposed Civilian Personnel System Supporting “Space Force”

May 7, 2019
Proposed Civilian Personnel System Supporting “Space Force”
Background
Generally, unless a positon is “excepted” by law all civil
The Department of Defense (DOD) proposed legislation to
service positons in the executive branch are “competitive.”
Congress that would establish a sixth armed service—
DCIPS does not have a comparable provision allowing
United States Space Force—inside the Department of the
interchange.
Air Force (Air Force). The proposal’s various provisions
include the establishment of a space civilian personnel
Compensation
system (SCPS) in the excepted service.
SCPS compensation provisions significantly differ from
DCIPS and could have a highest pay among equals effect in
Authority for SCPS would reside in the Air Force
comparison to similarly situated DOD employees.
provisions of Title 10 of the U.S. Code (Title 10), not in the
DOD Personnel provisions of Title 10 or Employees
 SCPS maximum rate of basic pay would increase to
provisions of Title 5 of the U.S. Code (Title 5). The SCPS
Executive Schedule Level II; DCIPS must use Level V.
legislation “. . . would amend [Title 10] . . . to provide
 SCPS aggregate limitation on pay for salary and all
greater flexibility . . . on personnel matters . . . for the
other payments for non-executive employees would
civilian employees . . . assigned to, or who support, the U.S.
increase to the equivalent of the Vice President’s salary;
Space Force or U.S. Space Command, similar to . . . the
DCIPS must use Executive Schedule Level I.
Defense Civilian Intelligence Personnel System.”
 SCPS pay rates would be set using established DOD or
labor market rates as needed to recruit and retain
DOD Civilian Personnel Systems
personnel; DCIPS must use established DOD rates.
The three bespoke DOD civilian personnel systems below
 SCPS qualifying criteria for additional overseas
are similar in purpose to SCPS. DOD components and
allowances appear less onerous than those in DCIPS.
military departments have authority to implement and
manage them pursuant to DOD policy.
To illustrate the significance of the maximum rate of basic
pay increase, without accounting for locality rate increases,
 Defense Civilian Intelligence Personnel System (DCIPS) consider that the 2019 Executive Schedule Level V rate
– exists in parallel to the general personnel system in
applicable to DCIPS is $156,000, whereas the Level II rate
DOD and the military departments.
applicable to SCPS is $192,300. The SCPS maximum rate
 Cyber Excepted Service (CES) – provides a skills-based
would be twenty-three percent greater than DCIPS. As for
supplemental system in U.S. Cyber Command.
the aggregate limitation on pay, consider that the 2019
 Defense Acquisition Workforce (AWF) – augments the
Executive Schedule Level I rate applicable to DCIPS is
general personnel system in DOD and military
$213,600, whereas the Vice President’s salary rate,
department acquisition activities.
applicable to SCPS, is $230,700. The SCPS aggregate
limitation would be eight percent greater than DCIPS.
SCPS ostensibly would be a DOD-wide civilian personnel
Labor-Management Relations
system established and managed by the Secretary of
If SPCS becomes law, the Secretary of Defense could
Defense. In fact, it would be a military department-only
implement SCPS without regard to any provision of federal
civilian personnel system because SCPS positions would
labor-management relations law found in chapter 71 of
only exist in the Air Force. If enacted, SCPS would be the
Title 5. Under existing law, the President may deny
only bespoke civilian personnel system established by DOD
collective bargaining rights for the employees of a federal
within a military department and under the control of a
agency or subdivision if he determines that the agency or
service secretary.
subdivision has a primary function of intelligence or
SCPS
national security work, and such rights would be
inconsistent with national security requirements and
SCPS appears to be a modified version of DCIPS. An
considerations. Given the work to be performed by the
Office of the Secretary of Defense (OSD) civilian personnel
Space Force (SF), the President may decide that its
official stated that the Air Force used DCIPS as a model
employees should not have collective bargaining rights.
because it is a proven system. SCPS is distinguishable from
DCIPS in at least three areas: interchange authority,
Acting Secretary of Defense Patrick M. Shanahan informed
compensation, and labor-management relations.
Congress that DOD’s approach to the role of labor
organizations in SCPS is based on integration with the
Interchange Authority
National Reconnaissance Office—an intelligence agency. If
SCPS would allow the Secretary of Defense to reappoint
large numbers of current space support employees with
SCPS employees within DOD from the excepted service to
collective bargaining rights serve outside the U.S.
the competitive service if certain conditions are satisfied.
Intelligence Community, the Air Force would likely
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Proposed Civilian Personnel System Supporting “Space Force”
reappoint them from a personnel system with collective
 SPACECOM as a command-wide system like CES; or
bargaining rights into one without them by broadly
 OSD as a DOD-wide system like DCIPS or AWF
applying what is an otherwise narrow practice.
should DOD not establish SF or SPACECOM?
The American Federation of Government Employees
Statutory Structure Comparison
informed Congress that it opposes denying collective
bargaining rights to employees in SCPS. If current space
Title 10
support employees are less like the intelligence workforce,
where bargaining units are uncommon, and more like the
Proposed Law
Current Law
general workforce in DOD, where they are common, SCPS
SCPS
DCIPS
might face challenges reappointing current space support
employees into future SCPS employees.
Draft Sections
Corresponding Sections
The SCPS proposal does not include a provision that allows
9375. Definitions and
1614. Definitions
a collective bargaining agreement (CBA) to remain in effect
implementation
1613. Miscellaneous
like 10 USC 1613 in the DCIPS provisions. Allowing future
SCPS employees to retain collective bargaining rights, and
9376. Space Force civilian
1601. Civilian intelligence
including a provision that allows for the continued
personnel: general authority
personnel: general authority
effectiveness of an existing CBA, could potentially preserve
to establish excepted
to establish excepted
labor organizations when practicable and could potentially
positions, appoint personnel,
positions, appoint personnel,
mitigate stakeholder opposition to SCPS.
and fix rates of pay
and fix rates of pay
Considerations
9377. Basic pay
1602. Basic pay
The following is a non-exhaustive examination of topics or
9378. Additional
1603. Additional
questions arising from the SCPS proposal.
compensation, allowances,
compensation, incentives, and
Joint Integration
and incentives
allowances
It may not be possible for joint organizations to establish
9379. Limitation on certain
1603. Additional
SCPS-coded positions because the proposed 10 USC 9376
payments
compensation, incentives, and
only authorizes them in the Air Force. This likely would
allowances
prevent SCPS employees from serving under the control of
9380. Benefits for certain
1605. Benefits for certain
a joint organization. Establishing SCPS as a DOD-wide
employees assigned outside
employees assigned outside
system, similar to intelligence or acquisition, might make it
the United States
the United States
easier to accommodate joint requirements for SCPS
personnel.
9381. Space Force Senior
1606. Defense Intelligence
DOD Consolidation
Executive Service
Senior Executive Service
If the SCPS provisions are realigned to more closely mirror
9382. Space Force Senior
1607. Intelligence Senior
DCIPS, by eliminating or reducing their differences,
Level positions
Level positions
expanding DCIPS into a defense civilian intelligence and
space personnel system could potentially be an alternative
9383. Time-limited
1608. Time-limited
to SCPS. Some argue that, among other things, this would
appointments
appointments
avoid the highest pay among equals effect; allow DOD-
9384. Termination of Space
1609. Termination of defense
wide SCPS positions; and avoid the costs and burden of
Force employees
intelligence employees
establishing a new civilian personnel system. A similar
consolidation approach could be taken regarding CES if
9385. Reductions and other
1610. Reductions and other
only a U.S. Space Command (SPACECOM) is established.
adjustments in force
adjustments in force
Personnel Availability
9386. Postemployment
1611. Postemployment
assistance: certain terminated assistance: certain terminated
To meet future SF and SCPS requirements, what
Space Force employees
intelligence employees
consideration has Air Force given to the number of:
9387. Appointment of Space
None
 SCPS positions required;
Force employees to
 Civilian personnel required from the Air Force, other
competitive service positions
services, and DOD organizations;
in the Department of
 Air Force employees required who are part of a CBA;
Defense
 Air Force DCIPS employees required who will
9388. Merit system
1612. Merit system principles
reappoint into SCPS; and

principles; civil service
and civil service protections:
SF Senior Executive Service and SF Senior Level
protections; right of appeal
applicability
positions required in SCPS?

System Alternatives
What consideration has DOD given to whether it should
Alan Ott, Analyst in Defense and Intelligence Personnel
establish SCPS within:
Policy
 OSD as a DOD-wide system like DCIPS or AWF;
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Proposed Civilian Personnel System Supporting “Space Force”

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