Comment Number: OL-10507111
Received: 3/14/2005 8:54:30 AM
Subject: Notice of Proposed Rulemaking, Request for Comment
Title: National Security Personnel System
CFR Citation: 5 CFR Chapter XCIX and Part 9901
No Attachments

Comments:

Comment Number EM-FORM LETTER 3 (2,271 received Status Approved for Web Posting Classification 2-Form Letter Master Submitted Type E-Mail 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 3 (2,271 received.htm File Extension .txt File Size 11143 Comments U.S. Department of Defense: Bradley Bonn   Dear U.S. Department of Defense: Bonn,  I believe the proposed NSPS regulations will undermine the civil service and hurt the ability of Defense Department employees to accomplish the agency's mission. This is no way to treat those who play a critical role in defending our nation. Soldiers are fighting and dying in Iraq in an attempt to bring democracy and more rights to Iraqis. Meanwhile, here at home, an attempt to strip the working families who provide support for these soldiers of their rights to a living wage and representation is taking place in this proposed rule. This is anti-democracy.  As published, the proposed NSPS regulations lack critical details on how various aspects of the new system will operate. Relying on implementing issuances denies the American public the opportunity to offer substantive comments on NSPS and does not provide the requisite transparency Congress needs to carry out its oversight function. Please consider the following comments and delay final implementation until the proper steps have been taken to effectively involve the elected representatives of Defense Department workers.  Subpart C Pay, Sections 9901.301 to 9901.373  Defense Department employees should continue to receive the same annual pay and across-the-board adjustment that other GS/FWS workers receive.  The individual pay increases for performance in the regulations should include guaranteed percentages so employees will understand the pay system and what their pay increase will be depending on their performance.  Subpart D Performance Management - 9901.401 to 9901.409  to ensure fairness and accuracy, Defense Department employees should be able to appeal any performance rating to an independent grievance and arbitration process as they can do now.  Subpart E Staffing and Employment - 9901.501 to 9901.516  The proposed regulations would replace longstanding provisions on hiring found in 5 U.S.C. Chapters 31 and 33 with unpublished procedures that will be prescribed at some future date through implementing issuances. Using this approach will allow the Defense Department to arbitrarily develop and administer new rules on staffing and employment that have not been available for public comment. This is especially troubling given the proposal to engage in non-citizen hiring to positions within NSPS. Our national security would surely be put at risk if Defense Department managers were able to exercise such hiring flexibilities.  Subpart F Workforce Shaping - 9901.6012 to 9901.611   The Defense Department should not change the current layoff/RIF rules, which give balanced credit to performance and the employees' valuable years of committed service. Moreover, under he proposed regulations employment disputes over such matters would be unfairly limited to the Merit Systems Protection Board.   Subpart G Adverse Actions - 9901.701 to 9901.810  The NSPS guiding principle on enhanced management flexibility would be undermined if the provision on mandatory removable offenses is retained. Due process and fairness demand that the independent body reviewing major suspensions and terminations be allowed to alter the proposed penalty if it deems deem the penalty to be unreasonable. The current standards approved by the courts to guide such bodies should be continued.  Subpart I Labor-Management Relations - 9901.901 to 9901.929  The labor-management law that has governed the employees' right to organize and engage in collective bargaining has worked well since 1978. There is no compelling reason to take away most of the collective bargaining rights or grievance rights.  The Defense Department should not create a "company-dominated dispute board." Any dispute board must be jointly selected by management and the union.    Sincerely, Version Date 3/9/2005 Remarks File MIME Type text/html