Mr. Speaker, I appreciate the gentlewoman yielding me this time. First of all, civil servants have had a large role in shaping this. There have been nine pilot programs the Department of Defense has piloted through the years, and in all of…
Mr. Speaker, I appreciate the gentlewoman yielding me this time.
First of all, civil servants have had a large role in shaping this. There have been nine pilot programs the Department of Defense has piloted through the years, and in all of those cases, civil servants have, in many cases contrary to the labor bosses, opted for the new system as opposed to the old system with which they are currently operating.
The problem with the current system today is that we are contracting out where we ought to be able to use Federal employees because we do not have the flexibility in terms of deployment. So we are using uniformed officers behind desks to get jobs done, Federal contractors to get jobs done, what Federal workers are, in many cases, more capable of doing, and that is wrong.
I yield to the gentleman from California.
Mr. Speaker, reclaiming my time, I thank the gentleman, but let me just say it is 320,000 uniform personnel doing jobs that civil servants are certainly capable of doing. These are 320,000 we had to call up from the Reserves to do work, potentially, that could have gone and stayed with their families and everything else because of these arcane rules.
In addition to this, Under Secretary Wolfowitz testified under oath that this would increase the number of Federal civil servants. So this idea that it is going to lead to more contracting out is not only bunk, it is disingenuous, it is wrong, and I think it takes civil servants in the wrong direction.
Let me correct a couple of other things that have been said in the debate. We had a Member yesterday say that the right to receive veterans preference is gone, the right to discrimination protection, gone. Veterans preference, located in chapters 33 and 35 of title V, those are nonwaivable under this legislation. Discrimination protection is located in 2302(b)(2) of title V
and explicitly referred to in this legislation. Overtime pay in chapter 55 of title V, also nonwaivable.
In fact, for middle-level managers, what we have done is corrected some inequities in overtime pay. Currently, GS-12s, 13s, and 14s receive less working overtime than they receive in ordinary pay, and we have corrected that in this. This is a benefit to managers. We have raised the level that SES'rs and managers can get in bonus over what the current level is. So we have raised the levels of what Federal employees can earn.
As far as collective bargaining, NSPS states that we must ensure that employees may organize, bargain collectively, and participate through labor organizations of their own choosing. As for the right to an attorney, which was alleged to have been taken away, we do not mention it, but neither does the underlying legislation, and we have established an independent review panel to consider employee grievances.
We have worked hard on this legislation. We held a couple of hearings in the Committee on Government Reform on this, but, most importantly, this is designed from nine pilot programs where the Federal employees themselves have spoken to this and have voted strongly to opt for the new systems versus the existing system. It does not pay for performance; it pays on a seniority basis.
This will allow us to expedite hiring. It will allow us to do the kinds of things that we have already given other Federal agencies. This is not new ground. There are numerous Federal agencies currently, in sections 71, 73, and 75, that we have waived or altered, and we do this here. In fact, there is less flexibility here than Congress recently gave to the Department of Homeland Security.
Mr. Speaker, I might add, my colleagues who are arguing against this opposed those provisions in the Department of Homeland Security bill. We had an ensuing election on this issue. The voters spoke, and I think we have visited this issue once. There are fewer flexibilities here than we have in that as well.
I want to say a couple of other things. The Committee on Armed Services also had a day-long hearing and a 2-day markup of the DOD authorization bill. Dozens of the amendments offered there were also offered in our committee, and the votes were party line on these issues. They want to bring these same issues to the floor. I am not happy with every part of this rule. I had several amendments, particularly on the procurement side, that were part of the Committee on Government Reform's markup that were not included in the DOD bill that I could not get offered here. I understand the disappointment of those Members who are not able to have those heard at this point.
But 40,000 employees with over 20 years of experience want a new system, and defense of the current system not only leads to more outsourcing, it does not lead to the kind of performance-based pay and the salary levels that many of our best Federal employees are deserving of.
I worked in the private sector for a number of years. I worked for a company where our best asset was not our computers or our building; it was our people. They walked out the door every night; and we prayed to get them back because replacing them was costly, it created more inefficiencies, and it made us less competitive.
Those factors in the private sector ought to be extended to the public sector because our employees are our best asset, too. But I think we need to treat them well, I think we need to give them appropriate safeguards, which this legislation does. The unknown and the concerns by some on the other side are that all of this is not written by Congress. But we have put appropriate safeguards in this legislation. This will be part of a later debate, but I certainly support the rule.
I yield to the gentleman from Maryland.
As I stated earlier, we debated these thoroughly in both committees. I cannot speak to every amendment that is being offered on the floor of the House. I understand the gentleman's concern. I know we will get debate on the motion to recommit, and we are debating it now. But I was also disappointed in not being able to offer some amendments. In addressing that issue, I think that is probably above my pay grade.
Although we were privileged to have the gentleman testify before us.
I appreciate the gentleman's comments, and we did take some of his suggestions in the markup. The gentleman's testimony was not for naught.
I yield to the gentleman from California.
I yield to the gentleman from Maryland.
Mr. Speaker, reclaiming my time, I include for the Record an editorial from the Honorable Donald H. Rumsfeld, printed in today's Washington Post.
Defense for the 21st Century
(By Donald H. Rumsfeld)
Rep. Ike Skelton (D-Mo.) laid out a number of objections on
this page yesterday to the president's proposed Defense
Transformation Act for the 21st Century. I respect Mr.
Skelton's long service, but I disagree with many of his
stated objections. Here is why.
Skelton argues that this legislation is the most sweeping
overhaul of the Defense Department since the 1986 Goldwater-
Nichols Act. He may be right--but that is precisely the
point. We are at this moment fighting the first wars of the
21st century with a department that has management and
personnel systems developed decades ago, at the height of the
Cold War.
The threats we face today are notably different from that
era. We learned on Sept. 11, 2001, that our nation is
vulnerable to enemies who hide in the caves and shadows and
strike in unexpected ways. That is why we must transform our
armed forces. Our forces need to be flexible, light and
agile, so they can respond quickly and deal with surprise.
The same is true of the men and women who support them in the
Department of Defense. They also need flexibility, so that
they can move money, shift people, design and deploy new
weapons more rapidly and respond to the continuing changes in
our security environment.
Today we do not have that kind of agility. In an age--the
information age--when terrorists move information at the
speed of an e-mail, money at the speed of a wire transfer and
people at the speed of a commercial jetliner, the Defense
Department is still bogged down in the bureaucratic processes
of the industrial age.
Consider: we have more than 300,000 uniformed personnel
doing jobs that should be done by civilians. That means that
nearly three times the number of troops that were on the
ground in Iraq during Operation Iraqi Freedom are doing
nonmilitary jobs that should be done by civilian personnel.
Why is that? It's because when managers in the department
want to get a job done, they go to the military. They know
they can manage military people, put them in a job, give them
guidance, transfer them from one task to another and change
the way they do things. They can't do that with the civil
service, because it is managed outside the Defense Department
by others, with a system of rules and requirements fashioned
for a different era.
The defense authorization bill has grown from only one page
in 1962 to a whopping 534 pages in 2001. The department is
required to prepare and submit some 26,000 pages of
justification, and more than 800 required reports to
Congress each year--many of marginal value, most probably
not read. Since 1975, the time it takes to produce a new
weapons system has doubled, even as new technologies are
arriving in years and months, not decades.
We are working to fix problems that we have the freedom to
fix. We have reduced management and headquarters staffs by 11
percent, streamlined the acquisition process by eliminating
hundreds of pages of unnecessary rules and red tape, and
begun implementing a new business management structure. But
we also need legislative relief. That is why we are asking
for:
Measures for transforming our system of personnel
management, so that we can gain more flexibility and agility
in the way we manage the more than 700,000 civilians in the
department. And let me be clear: The provisions we have
proposed explicitly bar nepotism.
Expanded authority for competitive outsourcing so that we
can get military personnel out of nonmilitary tasks and back
into the field.
Measures to protect our military training ranges so that
our men and women in uniform will be able to train as they
fight, while honoring our steadfast commitment to protecting
the environment.
It is true, as Rep. Skelton notes, that the Goldwater-
Nichols Act took four years for Congress to pass. But we do
not have four years to wait before we transform--the new
threats are here now. If anything, our experience in the
global war on terror has made the case for transformation
even more urgent. Because our enemies are watching us--
studying how we were successfully attacked, how we are
responding and how we might be vulnerable again. In distant
caves and bunkers, they are busy developing new ways to harm
our people--methods of attack that could kill not 3,000
people, but 30,000 or 300,000--or more. And they are not
struggling with bureaucratic red tape fashioned in the last
century as they do so.
The fact is that the transformation of our military
capabilities depends on the transformation of the way the
Defense Department operates. This does not mean an end to
congressional oversight. What it means is that we need to
work together to ensure the department has the flexibility to
keep up with the new threats emerging as this century
unfolds.