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1 1 (February 6, 2023)

handle is hein.crs/govekma0001 and id is 1 raw text is: Sinforming 3rch Servic since 1914 Updated February 6, 2023 Defense Primer: Department of Defense Civilian Employees Background Congress established the current federal civil service, which is overseen by the Office of Personnel Management (OPM), with the Civil Service Reform Act of 1978 (P.L. 95-454). The civil service comprises all appointive positions in each branch of the U.S. government, other than positions in the uniformed services (5 U.S.C. §2101). Civil service hiring is intended to be merit-based, and all civil servants must adhere to merit system principles (5 U.S.C. §2301). Managers and supervisors of civil servants are prohibited from engaging in certain personnel practices (5 U.S.C. §2302). The civil service contains three subservices (5 U.S.C. §§2101a, 2102, 2103): the competitive service, which OPM administers and is the largest subservice; * the excepted service, which is distinguishable by its agency-level oversight and administration; and * the senior executive service (SES), which OPM manages and is less than 1% of the civil service. SES hiring includes an OPM merit staffing procedure and qualifications review board (QRB) that are meant to verify and certify executive core qualifications (ECQs). Besides general oversight by OPM, the following entities have a specific civil service oversight function: * Office of Special Counsel (OSC); * Merit Systems Protection Board (MSPB); and * Equal Employment Opportunity Commission (EEOC). Just under a third of the civil service is in, or represented by, a union. Managers, supervisors, and servicemembers are excluded from unions, as are certain federal workforces. The Federal Labor Relations Authority (FLRA) oversees the labor agreement process between federal employers and federal employee unions. Civil Service Data The full-time equivalent (FTE) and on-board personnel (OBP) methods are the two common ways to enumerate civil service employees. Federal agencies typically use FTE for budget data and OBP for employment data. An FTE unit is a 2,080-hour work year; an OBP unit is one employee. FTE quantifies employment as the number of hours worked at the end of a fiscal year, irrespective of the number of employees. OBP quantifies employment as the number of employees 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 can equal one FTE unit, such as part-time employees. Defense Civilians The Department of Defense (DOD) must employ defense civilians consistent with its annual appropriations for civilian employees. Around 80% of these employees are in the competitive service. Servicemembers and other defense civilians may supervise civilians. Likewise, defense civilians may supervise servicemembers when authorized. The legal framework governing defense civilians primarily is included in titles 5, 10, and 29 of the U.S. Code, as well as Title VII of the Civil Rights Act of 1964. These laws are implemented in specific DOD policies and general federal regulations. DOD civil service policy is supplemental to OPM policies and is to be issued only when necessary to meet DOD-unique requirements. Table 1 lists civilian OBP data as reported to Congress in FY2022. Table I. Actual and Estimated Defense Civilian OBP FY2021 FY2022 FY2023 Component Actual Estimate Estimate Army 199,472 195,590 196,897 Navy 200,872 201,810 203,222 Marine Corps 22,483 22,470 22,486 Air Force 175,162 177,816 179,690 Space Force 1,009 4,548 4,920 DOD Elements 217,235 221,785 223,474 Total 816,223 824,019 830,689 Source: Defense Manpower Profile Report Sept. 27, 2022, p. 2. See also 10 U.S.C. § 15a. Table 2 lists projected civilian FTE data as reported to Congress in FY2022. Table 2. Projected Defense Civilian FTE Component FY2024 FY2025 FY2026 Army 197,318 197,754 197,790 Navy 202,016 199,972 199,640 Marine Corps 22,702 22,479 22,303 Air Force 171,957 172,732 172,943 Space Force 4,999 5,059 5,069 DOD Elements 247,096 247,646 247,788 Total 846,088 845,642 845,533 Source: Defense Manpower Profile Report, Sept. 27, 2022, pp. 108, I1, 116, 121, 123, and 124-201. See also 10 U.S.C. §I 15a. Defense Cihan Management Defense civilians fill positions that do not require military personnel. DOD must determine the most appropriate and cost-efficient categories of personnel to perform its missions, but such determinations are to prioritize the attainment of these missions, even if military personnel ~ss onoI fRes he. liltive d ba

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