| Comment Number: | OL-10511803 |
| Received: | 3/16/2005 5:27:20 PM |
| Subject: | Notice of Proposed Rulemaking, Request for Comment |
| Title: | National Security Personnel System |
| CFR Citation: | 5 CFR Chapter XCIX and Part 9901 |
| Attachment: | KayColeJamesCoverLetter.pdf Download Adobe Reader |
Comments:
Attached please find a letter from OPM Director Kay Cole James to DoD Secretary Donald Rumsfeld, dated March 9, 2004. In the letter Ms. James informed Mr. Rumsfeld that her office has received the proposed pay and staffing components of the NSPS. She offers many comments, including the opinion that NSPS "significantly diminishes veteran's preference, contrary to the express policy of the President, and what (Ms. James) believes to be (Mr. Rumsfeld's) intent." She informs Mr. Rumsfeld that "the Administration struck a similar proposal in the draft regulations initially developed for DHS because it could have been construed as diminishing the protections accorded those who have served our Nation." Ms. James offers that "the NSPS proposal undermines the Administration's efforts to modernize the Federal civil service, and in particular, the Department of Homeland Security's personnel system. This is in sharp contrast to the proposed DHS personnel system, and as a result, the NSPS proposal may give confessional and union critics ammunition to pressure DHS to 'pull back' on the more far-reaching and innovative elements of its proposed personnel system." Ms. James offers a process to get NSPS introduced successfully, however. She says, "As you know, the law requires that NSPS be established by 'regulations jointly prescribed' by the Secretary of Defense and the Director of OPM. I have maintained from the beginning that this means the joint publication of broad, proposed NSPS regulations in the Federal Register; the opportunity for the public to review and comment on their content; the involvement of labor unions through the formal collaboration process set forth in the law; and their final issuance as a chapter in the Code of Federal Regulations. All these steps can be accomplished within the time frames you have established, and in the end, such an approach give you far more flexibility and freedom of movement that the one that is being currently pursued by DoD." She continues, "I believe the merits of this approach I have described are equally compelling. In point of fact, the issuance of broad 'enabling' regulations will give you far more internal flexibility as you implement NSPS. Once those enabling regulations are published in the CFR, you will be in a position to issue as many standardized, detailed internal NSPS implementing directives as and when you see fit, including the document you have provided us for comment - generally without further public comment, formal collaboration with unions, or OPM approval." This is the sort of behind-closed-doors negotiation that has been apparently going on for months. Director James tells Secretary Rumsfeld how to get the broad NSPS proposal published, and then implement the gory details "without further public comment, formal collaboration with unions, or OPM approval." She tells Mr. Rumsfeld how to get around the law. NSPS needs to be stopped. Withdraw the proposal, put all the directives, policies, procedures, regulations, etc. on the table, out in the open, and do the opposite of what Ms. James, recommends - let the public, unions, employees and Congress comment on the whole NSPS. A copy of this comment, and the attached letter will be sent to my Representatives and Senators.