| Comment Number: | OL-10511917 |
| Received: | 3/16/2005 6:24:31 PM |
| 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:
5 CFR Chapter XCIX, Part 9901 (Subparts A through I inclusive): The proposed regulations are clearly intended to convert a majority of the present civilian DoD employees into a military cadre, required to obey orders and directions of military commanders. This being understood, the document presented is absent of adequate discussions and plans addressing the likely adverse impacts to the majority of existing DoD civilian employees. Nothing contained in this document or the legislation appears to address this condition, except for the single paragraph 9901.231 indicating DoD implementing issuances will follow later. [Note: The fact that so many details are not provided for review by impacted employees to make a reasonable judgment is prima fascia evidence that these regulations are unclear, unfinished, and unacceptable]. The law enacted by Congress likewise appears lacking in forethought as to who or how the vast numbers of existing employees would be treated in a fair and equitable fashion. By the lack of details that dramatically impact in negative ways hundreds of thousands government employees now supposedly protected by laws and the existing regulations of the Office of Personnel Management (OPM), these proposed regulations are ethnically and legally unacceptable. This regulation by its very words and intent is tantamount to evidence of DoD management sponsored adverse actions upon thousands of Federal employees. 5 CFR Chapter XCIX, Part 9901 (Subparts A through I inclusive): From reading the scant Congressional intent background alluded to in the legislation and in the proposed NSPS regulations, the intent of Congress was to allow the DoD to create a para-military civilian workforce who in times of significant national defense needs could be ordered to change jobs, function and locations in direct support of military operations. This being said, the proposed NSPS system as presented appears to forcibly include all DoD civilian employees (Federal employees actually) into this service. No information, discussions, plans, or redress is presented for the tens of thousands of DoD employees who are now and before performed non-military type jobs/functions. For example, the Army Corps of Engineers of some 30,000 civilian Federal employees has a very large number of positions and functions related to Civil Work programs and projects. These Civil Works programs and projects and their civilian employees cannot be fairly or equitably included under the proposed NSPS system. This then would result in the Corps of Engineers having two separate personnel systems, one for Civil Works programs remaining under the OPM and Federal Civil Service system, and the other military works employees under some form of NSPS. The only logical reason for all Corps employees under the NSPS would be to create a large resource pool of personnel that could be redirected by military orders when a perceived national problem arose. I see no evidence presented or discussed as to why all current DoD civilian employees need to be placed under a NSPS. Another alternative that would be agree somewhat with the Congress/legislative intent for an NSPS is to remove the Civil Works programs and related employees from the Corps of Engineers. Since the NSPS is for military purposes, only those Federal employees working on military programs should fall under the NSPS. A transition and conversion plan must be developed and implemented that fairly and equitably allows current employees to change over to NSPS without the adverse impact action that now seems obvious given the lack of forethought or details.