Defense Primer: Department of Defense Civilian Employees

Defense Primer: Department of Defense Civilian Employees

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Updated February 6, 2023
Defense Primer: Department of Defense Civilian Employees
Background
civilian employees. Around 80% of these employees are in
Congress established the current federal civil service, which
the competitive service. Servicemembers and other defense
is overseen by the Office of Personnel Management (OPM),
civilians may supervise civilians. Likewise, defense
with the Civil Service Reform Act of 1978 (P.L. 95-454).
civilians may supervise servicemembers when authorized.
The civil service comprises all appointive positions in each
The legal framework governing defense civilians primarily
branch of the U.S. government, other than positions in the
is included in titles 5, 10, and 29 of the U.S. Code, as well
uniformed services (5 U.S.C. §2101). Civil service hiring is
as Title VII of the Civil Rights Act of 1964. These laws are
intended to be merit-based, and all civil servants must
implemented in specific DOD policies and general federal
adhere to merit system principles (5 U.S.C. §2301).
regulations. DOD civil service policy is supplemental to
Managers and supervisors of civil servants are prohibited
OPM policies and is to be issued only when necessary to
from engaging in certain personnel practices (5 U.S.C.
meet DOD-unique requirements.
§2302). The civil service contains three subservices (5
U.S.C. §§2101a, 2102, 2103):
Table 1 lists civilian OBP data as reported to Congress in

FY2022.
the competitive service, which OPM administers and is
the largest subservice;
Table 1. Actual and Estimated Defense Civilian OBP
 the excepted service, which is distinguishable by its
FY2021
FY2022
FY2023
agency-level oversight and administration; and
Component
Actual
Estimate
Estimate
 the senior executive service (SES), which OPM
Army
199,472
195,590
196,897
manages and is less than 1% of the civil service.
Navy
200,872
201,810
203,222
SES hiring includes an OPM merit staffing procedure and
Marine Corps
22,483
22,470
22,486
qualifications review board (QRB) that are meant to verify
Air Force
175,162
177,816
179,690
and certify executive core qualifications (ECQs). Besides
Space Force
1,009
4,548
4,920
general oversight by OPM, the following entities have a
specific civil service oversight function:
DOD Elements
217,235
221,785
223,474
 Office of Special Counsel (OSC);
Total
816,223
824,019
830,689

Source: Defense Manpower Profile Report, Sept. 27, 2022, p. 2. See
Merit Systems Protection Board (MSPB); and
also 10 U.S.C. §115a.
 Equal Employment Opportunity Commission (EEOC).
Table 2 lists projected civilian FTE data as reported to
Just under a third of the civil service is in, or represented
Congress in FY2022.
by, a union. Managers, supervisors, and servicemembers
are excluded from unions, as are certain federal workforces.
Table 2. Projected Defense Civilian FTE
The Federal Labor Relations Authority (FLRA) oversees
Component
FY2024
FY2025
FY2026
the labor agreement process between federal employers and
federal employee unions.
Army
197,318
197,754
197,790
Navy
202,016
199,972
199,640
Civil Service Data
Marine Corps
22,702
22,479
22,303
The full-time equivalent (FTE) and on-board personnel (OBP)
methods are the two common ways to enumerate civil
Air Force
171,957
172,732
172,943
service employees. Federal agencies typically use FTE for
Space Force
4,999
5,059
5,069
budget data and OBP for employment data. An FTE unit is a
DOD Elements
247,096
247,646
247,788
2,080-hour work year; an OBP unit is one employee. FTE
quantifies employment as the number of hours worked at the
Total
846,088
845,642
845,533
end of a fiscal year, irrespective of the number of employees.
Source: Defense Manpower Profile Report, Sept. 27, 2022, pp. 108,
OBP quantifies employment as the number of employees
111, 116, 121, 123, and 124-201. See also 10 U.S.C. §115a.
working on the last day of fiscal year quarter. An FTE count
can be less than an OBP count, as more than one OBP unit
Defense Civilian Management
can equal one FTE unit, such as part-time employees.
Defense civilians fill positions that do not require military
personnel. DOD must determine the most appropriate and
Defense Civilians
cost-efficient categories of personnel to perform its
The Department of Defense (DOD) must employ defense
missions, but such determinations are to prioritize the
civilians consistent with its annual appropriations for
attainment of these missions, even if military personnel
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costs to perform a mission may exceed defense civilian
has pay-banding and rank-in-person features. The Under
costs (10 U.S.C. §129a). However, regardless of any
Secretary of Defense for Intelligence and Security is
personnel category determination, DOD may not reduce
responsible for intelligence civilian policy (10 U.S.C.
projected FTE for defense civilians without first conducting
§137). The Director of National Intelligence may issue IC
all required analyses of how such determination will affect
policy that applies to intelligence civilians after consulting
“workload, military force structure, lethality, readiness,
with the appropriate DOD officials (50 U.S.C. §3024).
operational effectiveness, stress on the military force, and
fully burdened costs” within DOD. The Under Secretary of
Senior Intelligence Civilians
Defense for Personnel and Readiness is the principal DOD
DOD uses the SES pay scale for SCES and DISES employees,
official with responsibility for defense civilian policy and
but they usually are not eligible to serve in non-IC positions
programs (10 U.S.C. §136).
since they are not appointed under the SES provisions in Title
Defense Civilian Specialized Workforces
5 of the U.S. Code. This also is the case for members of the
senior intelligence service (SIS) and the senior national intelligence
Most civil service appointments in DOD are made under
service (SNIS), which both use the SES pay scale and are
Title 5 of the U.S. Code. Other appointments are made
authorized at certain IC elements outside DOD.
under Title 10 of the U.S. Code for specialized workforces.
The larger of these specialized workforces perform cyber,
Defense Civilian Workforce Diversity
acquisition, and intelligence functions.
The purpose of DOD’s diversity and inclusion management
Cyber Excepted Service
program is to promote a workforce reflecting the diversity
of the United States (see Table 3).
The Cyber Excepted Service (CES) is a personnel system
for certain civilians in DOD’s cyber workforce (10 U.S.C.
Table 3. Selected Defense Civilian Demographic Data
§1599f). This system is designed to employ civil servants
capable of supporting cyber operations. CES features pay-
Air
banding. This can allow one to qualify for a pay level
Category
Army
Navy
Force DOD
without having to satisfy some prerequisites. CES also is a
Women
36%
28%
30%
49%
rank-in-person system. This permits retention of one’s
Black/African American
16%
13%
13%
22%
highest pay level while assigned to any position. The Chief
Information Officer of DOD is responsible for developing
Hispanic
11%
6%
9%
4%
CES policy (10 U.S.C. §142).
Asian/Pacific Islander
5%
13%
5%
8%
Defense Acquisition Workforce
American Indian/
1%
1%
1%
<1%
The civil service component of the defense acquisition
Alaskan Native
workforce includes any defense civilian in an acquisition
Source: DOD FY 2021 ODEI Demographic Infographics.
career field with an acquisition role and performing an
acquisition function (10 U.S.C., chapter 87 ). While some
DOD-wide equal employment opportunity (EEO) formal
civilian acquisition positions are statutorily designated,
complaint data are in Table 4.
most are classified as such based on DOD policy and
guidance. The acquisition workforce must participate in
Table 4. Selected DOD-Wide FY2020 EEO
defense acquisition training, education, and career
Complaints
development programs. The Under Secretary of Defense for
Basis
Formal
Settled
Finding
Acquisition and Sustainment is responsible for the policy,
direction, and oversight of the acquisition workforce (10
Race
1,996
754
5
U.S.C. §1702).
Color
868
277
0
Defense Civilian Intelligence Personnel System
Reprisal
2,327
983
20
Most intelligence civilians in DOD are appointed in the
Sex
1,867
777
4
Defense Civilian Intelligence Personnel System (DCIPS)
Nat’l Origin
486
248
1
and are part of the intelligence community (IC) workforce.
DCIPS employees are in the excepted service (10 U.S.C.
Age
1,353
483
3
§1601). This includes defense intelligence senior executive
Disability
2,085
875
22
service (DISES) appointees (10 U.S.C. §1606). Generally,
Source: DOD FY 2020 Notification and No FEAR Act Report, pp. 8-10.
civil servants appointed under IC personnel authorities are
excluded from the SES and the competitive service; as
such, they are covered by the definition of excepted service
Alan Ott, Analyst in Defense and Intelligence Personnel
(5 U.S.C. §3132(a)(1)(B); see 5 U.S.C. §2103). Thus,
Policy
senior cryptologic executive service (SCES) employees at
IF11510
the National Security Agency in DOD also are in the
excepted service (50 U.S.C. §3610). Like the CES, DCIPS

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Defense Primer: Department of Defense Civilian Employees

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