Comment Number: OL-10501973
Received: 2/28/2005 3:37:10 PM
Subject: Notice of Proposed Rulemaking, Request for Comment
Title: National Security Personnel System
CFR Citation: 5 CFR Chapter XCIX and Part 9901
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Comments:

Initiative Proposed Rule Comment Number EM-FORM LETTER Status Approved for Web Posting Classification 2-Form Letter Master Submitted Type Telephone Message Commenter Type Anonymous Organization Received Date 02/15/2005 12:00:00 AM Document Date Remarks Pages Category Non-Standard Email Comment Period Start 2/14/2005 Comment Period End 3/16/2005 Phase Proposed Rule Comment Instructions Summary: The Department of Defense (DoD) and the Office of Personnel Management (OPM) are issuing proposed regulations to establish the National Security Personnel System (NSPS), a human resources management system for DoD, as authorized by the National Defense Authorization Act (Public Law 108-136,November 24, 2003). NSPS will set new rules for basic pay, classification, performance management, staffing, labor relations, adverse actions, and employee appeals. NSPS aligns DoD’s human resources management system with the Department's critical mission requirements and protects the civil service rights of its employees. Public Participation: DoD and OPM invite interested persons to participate in this rulemaking by submitting written comments, data, or views. Commenters should refer to a specific portion of the proposal (that is, the subpart and section number or the heading and page number), explain the reason for any recommended change, and include supporting data or information. Additional Information: The official website (http://www.cpms.osd.mil/nsps) will contain any public comments received, without change, as DoD and OPM receive them, unless the comment contains security-sensitive material, confidential business information, or other information whose public disclosure is restricted by statute. If such material is received, we will provide a reference to that material in the version of the comment that is placed in the docket. The system is an “anonymous access” system, which means that DoD and OPM will not know your identity, email address, or other contact information unless you provide it in the body of your comment. Unless a comment is submitted anonymously, the names of all commenters will be public information. Please ensure your comments are submitted within the specified open comment period. Comments received after the close of the comment period will be marked “late,” and DoD and OPM are not required to consider them in formulating a final decision. Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed late if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive. Mailed or hand-delivered comments must be in paper form. No mailed or hand-delivered comments in electronic form (CDs, floppy disk, or other media) will be accepted. Initiative Type Federal Rulemaking Agency Department of Defense; Office of Personnel Management Initiative Proposed Rule Subject Notice of Proposed Rulemaking, Request for Comment Docket Number xxxx-xxxx Title National Security Personnel System Long Title National Security Personnel System CFR Citation 5 CFR Chapter XCIX and Part 9901 Published Info February 14, 2005 View Notice (PDF) View Notice (HTML) (Download Adobe Reader) Description Attachments No Attachments Show Plugin Link Attachment File Name Attachment File Extension Attachment File Size Attachment Version Type Attachment Version Description -------------------------------------------------------------------------------- File Name EM-FORM LETTER.htm File Extension .txt File Size 7517 Comments I write to express my concerns about changes to work rules in the Department of Defense (DoD). The proposed regulations, known as the National Security Personnel System (NSPS), were printed in the Federal Register on February 14, 2005. This message will be sent to both DoD and my representatives in Congress.   I have worked for DoD for years. I am angry that these proposals seem to treat the employees who help defend our country as the enemy. Most DoD employees work hard and are committed. I believe that mistreating the employees will hurt the agency’s mission. I am very upset by NSPS. This system will change the way workers are paid, evaluated, promoted, fired, scheduled, and treated. These rules would create a system in which federal managers are influenced by favoritism rather than serving the civil concerns of the American people.   Annual Pay Raises Under the General Schedule and FWS, employee pay was clear. It was funded by Congress and could not be taken away. However, NSPS will take away this certainty. Salaries and bonuses are funded by DoD.  In the past – as recently as just last year – DoD did not fund its awards program. Given the agency’s miserable record on this issue, how can employees feel confident that our salaries and bonuses will be funded in the future?  “Friend of the Supervisor” Pay System With the new patronage pay system, which DoD calls “pay for performance,” the amount of a worker's salary will depend almost completely on the personal judgment of his or her manager. This system will force workers to compete with one another for pay raises, which will destroy teamwork, increase conflict among employees, and reward short-term outcomes. There is no guarantee that even the best workers will receive a pay raise or that the pay offered will be fair or competitive. This system will create a situation in which workers are in conflict with one another and afraid to speak out about harassment, violations of the law, and workplace safety problems. Furthermore, there will be no impartial appeal system to assure that everyone is treated fairly.  Schedules and Overtime NSPS will allow managers to schedule employees to work without sufficient advance notice of schedule changes. This will make it extremely difficult for working parents to care for their children and family. It will also mean that abusive managers could harass employees with bad schedules or short notice. Overtime rotations can be canceled, which means that employees may not be able to plan adequately for childcare and other important responsibilities.  Civilian Deployment Federal employees could be assigned anywhere in the world, even into a war zone, with little or no notice. I am proud to serve my country but I am also responsible for caring for my family and my personal obligations at home. We signed up for a civilian job. We did not enlist in the military. Today’s volunteer system works well.  America is at war. We are fighting for democracy abroad. But the regulations are an attack on workers’ basic rights. Furthermore, NSPS will divert the attention of defense workers from the soldiers’ welfare to protecting themselves from abuse on the job. I urge you to force DoD to rethink this proposal. We need work rules that preserve fairness, serve the American people, and respect the rights of Defense Department workers.   Version Date 2/22/2005 Remarks File MIME Type text/html