	Preliminary Observations on Proposed Regulations for DOD’s National Security Personnel System

DOD and OPM’s proposed NSPS regulations would establish a new human  resources management system within DOD that governs basic pay, staffing,  classification, performance management, labor relations, adverse actions,  and employee appeals. We believe that many of the basic principles  underlying the proposed DOD regulations are generally consistent with  proven approaches to strategic human capital management. Today, I will  provide our preliminary observations on selected elements of the proposed  regulations in the areas of pay and performance management, staffing  and employment, workforce shaping, adverse actions and appeals, and  labor-management relations. However, the  experiences of high-performing organizations suggest that DOD should  require the use of core competencies as a central feature of its performance  management effort. Providing Adequate Safeguards to Ensure Fairness and Guard Against Abuse

Although DOD’s proposed regulations provide for some safeguards to  ensure fairness and guard against abuse, additional safeguards should be  developed. DOD acknowledges that a  comprehensive outreach and communications strategy is essential for  designing and implementing its new human resources management system,  but the proposed regulations do not identify a process for the continuing  involvement of employees in the planning, development, and  implementation of NSPS. Because the NSPS design process and proposed regulations have received  considerable attention, we believe one of the most relevant  implementation steps is for DOD to enhance two-way communication  between employees, employee representatives, and management. According to  DOD, it has not completed an implementation plan for NSPS, including an  information technology plan and a training plan; thus, the full extent of the  resources needed to implement NSPS may not be well understood at this  time. Involving Employees and Other Stakeholders in Implementing the System

The proposed regulations do not identify a process for the continuing  involvement of employees in the planning, development, and  implementation of NSPS. However, DOD’s proposed regulations do provide  for continuing collaboration with employee representatives. The 30-day public  comment period on the proposed regulations ended March 16, 2005. DOD and OPM notified the Congress that they are preparing to begin the  meet and confer process with employee representatives who provided  comments on the proposed regulations. Last month, during testimony, we  stated that DOD is at the beginning of a long road, and the meet and confer  process has to be meaningful and is critically important because there are  many details of the proposed regulations that have not been defined. Moving forward, GAO believes it would be preferable to employ a  governmentwide approach to address human capital issues and the need  for certain flexibilities that have broad-based application and serious  potential implications for the civil service system, in general, and the  Office of Personnel Management, in particular. This could also serve to  severely set back the legitimate need to move to a more performance- and  results-based system for the federal government as a whole. The Department of Defense’s  (DOD) civilian employees play key  roles in such areas as defense  policy, intelligence, finance,  acquisitions, and weapon systems  maintenance.
Why GAO Did This Study

The Department of Defense's (DOD) new human resources management system--the National Security Personnel System (NSPS)--will have far-reaching implications for civil service reform across the federal government. The 2004 National Defense Authorization Act gave DOD significant flexibilities for managing more than 700,000 defense civilian employees. Given DOD's massive size, NSPS represents a huge undertaking for DOD. DOD's initial process to design NSPS was problematic; however, DOD adjusted its approach to a more deliberative process that involved more stakeholders. NSPS could, if designed and implemented properly, serve as a model for governmentwide transformation in human capital management. However, if not properly designed and implemented, it could severely impede progress toward a more performance- and results-based system for the federal government as a whole. On February 14, 2005, DOD and the Office of Personnel Management (OPM) released for public comment the proposed NSPS regulations. This testimony provides GAO's preliminary observations on selected provisions of the proposed regulations.

What GAO Found

Many of the principles underlying the proposed NSPS regulations are generally consistent with proven approaches to strategic human capital management. For instance, the proposed regulations provide for (1) elements of a flexible and contemporary human resources management system--such as pay bands and pay for performance; (2) DOD to rightsize its workforce when implementing reduction-in-force orders by giving greater priority to employee performance in its retention decisions; and (3) continuing collaboration with employee representatives. The 30-day public comment period on the proposed regulations ended March 16, 2005. DOD and OPM have notified the Congress that they are preparing to begin the meet and confer process with employee representatives who provided comments on the proposed regulations. The meet and confer process is critically important because there are many details of the proposed regulations that have not been defined, especially in the areas of pay and performance management, adverse actions and appeals, and labor-management relations. (It should be noted that 10 federal labor unions have filed suit alleging that DOD failed to abide by the statutory requirements to include employee representatives in the development of DOD's new labor relations system authorized as part of NSPS.) GAO has several areas of concern: the proposed regulations do not (1) define the details of the implementation of the system, including such issues as adequate safeguards to help ensure fairness and guard against abuse; (2) require, as GAO believes they should, the use of core competencies to communicate to employees what is expected of them on the job; and (3) identify a process for the continuing involvement of employees in the planning, development, and implementation of NSPS. Also, GAO believes that DOD (1) would benefit if it develops a comprehensive communications strategy that provides for ongoing, meaningful two-way communication that creates shared expectations among employees, employee representatives, and stakeholders and (2) should complete a plan for implementing NSPS to include an information technology plan and a training plan. Until such a plan is completed, the full extent of the resources needed to implement NSPS may not be well understood.