Back and Forth

The Pentagon and OPM respond to charges that they're breaking the law by refusing to allow labor unions to see draft plans for the National Security Personnel System.

In a letter sent early this month, a senior Pentagon official brushed off allegations that the Defense Department was violating federal law by refusing to share details of the new National Security Personnel System with labor unions.

Those allegations were brought last month by Sen. Edward Kennedy, D-Mass., who said that refusing to share more information about the program is "contrary to the requirement that Congress included in Section 9902" of the 2004 National Defense Authorization Act.

In that legislation, Congress allowed the Defense Department to overhaul its personnel system and scrap the General Schedule framework. Pentagon officials have indicated that they intend to implement performance pay, reduce union bargaining powers and streamline the employee appeals process. Union officials, however, have cried foul over a lack of detailed information.

In return, the Pentagon has thanked unions for holding informational meetings and told labor leaders that they can see the NSPS proposal when everybody else does-in the Federal Register.

On Dec. 3, Deputy Defense Secretary Paul Wolfowitz and Office of Personnel Management Director Kay Coles James sent a letter to Kennedy contesting the senator's allegations.

"We know the unions are anxious to see the proposed regulations. We are also looking forward to sharing them, not only with our unions, but also with employees and managers at the department, employee advocacy groups, and a variety of public interest groups," Wolfowitz and James wrote. The letter added that the new regulations are "predecisional" and neither official has "fully reviewed or approved them."

"It would, therefore, be inappropriate to release draft proposed regulations before they have been fully vetted within the administration," they wrote.

The United DoD Workers Coalition immediately protested the letter and said the officials were "stonewalling." Kennedy also lashed out at Wolfowitz and James.

"This personnel policy should be developed in the most transparent way possible, but by excluding DoD's workforce, the administration has been far from transparent," Kennedy said in a statement. "The administration is disrespecting and dishonoring the hard-working men and women in the department."

Extended FSA deadline

The Office of Personnel Management has extended the enrollment period for Flexible Spending Accounts because of an "overwhelming" response, according to agency officials.

"We were unable to process all our FSA enrollment requests," an OPM spokesman said Wednesday.

When a federal employee enrolls in an FSA, they are able to set aside pretax money to put toward some expenses that are not covered by standard health insurance, such as co-payments, deductibles, laser eye surgery and dental work.

OPM officials have directed all federal agencies to accept late enrollments. The window to apply should have closed on Monday, but enrollments will be accepted at least through Friday. Agencies will decide for themselves whether to accept late enrollments for the Federal Employees Health Benefits Program.