A new compromise version of the fiscal 2026 National Defense Authorization Act (NDAA) released recently introduces significant reforms aimed at how the Department of Defense (DoD) hires and manages its civilian workforce. Among the key provisions is a proposal allowing the DoD to promote employees based on their skills and qualifications, eliminating the traditional minimum time-in-grade requirements for promotions.
Ron Sanders, a former human capital leader in the government, emphasized the importance of this provision as it reflects a long-standing discussion about granting the DoD more flexibility compared to the broader federal civil service. He argued that the ability to promote employees based on merit, rather than time served, is essential for meeting the unique demands of the Defense Department’s mission. Sanders contends that treating all sectors of the federal workforce with one-size-fits-all rules is ineffective, highlighting that the needs of the DoD differ from those of other federal agencies, such as the FBI or the intelligence community.
The proposed legislation also outlines the establishment of skill-based assessments for potential hires, allowing the DoD to create a personnel system tailored specifically to its needs. This change would enable the department to share candidacy certificates for top applicants, which would remain valid for at least a year and subject to agency-specific qualifications.
However, the NDAA also introduces tighter regulations on workforce reductions. Should the bill pass, the DoD would be restricted from making workforce cuts involving more than 50 employees without a thorough review process, and the Defense Secretary would need to inform Congress of any planned personnel reductions. Sanders suggests this stipulation may be overly cautious, reflecting a lack of understanding of the complexities involved in managing the large civilian workforce at the DoD.
Additionally, the bill seeks to elevate civilian personnel management by placing it under the oversight of senior uniformed leaders within each military service, which Sanders believes will provide better alignment and efficiency in workforce management.
The legislation also addresses hiring practices related to the burgeoning cyber workforce. It expands the positions that can be filled using Cyber Excepted Services hiring authorities, extends pay flexibility for cyber talent, and proposes a considerable increase in salary options for these critical roles.
On a contrasting note, the American Federation of Government Employees (AFGE), the largest federal employee union, has expressed strong opposition to the NDAA. They criticize the removal of a provision that would have restored collective bargaining rights for a significant number of Defense Department civilians, advocating that this elimination undermines protections for essential workers.
AFGE National President Everett Kelley urged lawmakers to reconsider the bill in its current form, arguing that proper protections for workers involved in maintaining defense capabilities must be restored before final approval.
As discussions on the NDAA continue, the proposed reforms could mark a pivotal shift in how the DoD approaches civilian personnel management, balancing the need for flexibility and responsiveness with the imperative to safeguard worker rights. The ongoing dialogue reflects a growing recognition of the critical role that civilian personnel play in the overall national defense strategy.