| Comment Number: | OL-10512272 |
| Received: | 3/17/2005 5:13:40 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:
As a Civilian Mariner working for Military Sealift Command (MSC) and a member of the Marine Engineers’ Beneficial Association (MEBA), I am concerned about the proposed imposition of the National Security Personnel System (NSPS) on MEBA civil service mariners (CivMars) employed by the Department of Defense (DoD) on ships of the Military Sealift Command (MSC). Numerous sections of Part 9901 do not specify how NSPS is supposed to work, most of the subparts are to be defined at some later date with “implementing issuances”. Many of the provisions in Part 9901 are at the “sole, exclusive and unreviewable discretion” of the Secretary. The transparency and openness required by Public Law 108-136 is negated by subpart 9901.106(a)(6) by giving the Secretary the right “determine the content of implementing issuances and to make them effective at any time”. In Subpart C, many employees that have been working on a “temporary promotion” will be reverted to their official position. While working for Military Sealift Command, CivMars are always assigned to ships in a “temporary position” regardless of duration of the assignment, or how long or how many times the employee has been working in that “temporary position”. The current CivMar system operates in the best interests of national security and should not be altered by the proposed NSPS. NSPS is not appropriate for managing CivMars employed by DoD due to the unique nature of shipboard employment and the role these mariners play during national emergencies. Unlike almost all other federal civilian service employees, CivMars working on government ships perform under conditions that more closely resemble those on board ships manned by the U.S. military – they go where they are ordered to go when they are ordered to go; they often are away from home for lengthy periods and do not go home at the end of each day to see their families; and they daily perform dangerous tasks in support of the U.S. military. CivMars are also considered legally excepted service employees, as opposed to competitive service employees, and are prevailing wage rate employees not covered by performance management systems. The bottom line is that they are part of a time-tested system that works and, because of its uniqueness, should remain subject only to 5 USC 71. As history has demonstrated, CivMars play an integral role in supplying US troops and citizens of war torn nations with necessary supplies, reconstruction and humanitarian aid, including most recently in Operation Iraqi Freedom I (OIF I), OIF II, OIF 04/06 and in the Tsunami relief effort. In fact, the current CivMars structure has fostered a partnership with DoD that has enhanced the vitality and viability of military sealift and of the U.S. Merchant Marine. The contribution that MEBA makes to the maritime community and the development of a pool of qualified mariners available to DoD in times of war cannot be duplicated by any government agency. Weakening the ability of MEBA to provide training and to recruit CivMars into the membership will have the effect of reducing the pool of qualified mariners available to DoD during times of war. Therefore, the service MEBA provides to DoD and to the nation is an important component of national security. The specialized knowledge and skills required of CivMars makes seafarers unique assets to DoD. MEBA contributes to the DoD mission by providing the means for DoD CivMars and to continually upgrade their skills and perform to the high standards set by the international maritime community. CivMars have successfully answered the call time and time again under the existing system. It is a proven system that works. The proposed NSPS system would only undermine that system, decreasing our military sealift capabilities and the pool of qualified mariners needed to crew those ships. NSPS would also reduce MEBA’s ability to attract, develop, and retain a robust pool of mariners to the detriment of national security and the degradation DoD’s missions. Therefore, based on the uniqueness of CivMars, and the critical role they play in national security, they should be specifically excluded from the requirements of the NSPS.