Defense 'transformation' bill could include civil service overhaul

The Defense Department is crafting legislation that could provide wide-ranging flexibility in personnel and management rules, similar to authority enjoyed by the Homeland Security Department, according to documents obtained by Government Executive. The initiative, described as "transformation" legislation in internal e-mail messages, is still being developed and has not yet been approved by senior Defense officials. It is not clear what proposals might be part of the legislation. But in the e-mails, officials describe a sweeping initiative designed to give the department new legislative authority to accomplish its mission. "If you want to rewrite the book, principally Title 10 of the U.S. Code, here is your chance," wrote a senior Defense Logistics Agency official in one e-mail. Title 10 includes a wide variety of rules governing Defense operations. Another official, a senior attorney at DLA, told colleagues that the legislation would be modeled after the law creating the Homeland Security Department. "It is envisioned that this bill will be along the lines of the homeland security bill and will request Congress to provide [the Defense Department] with much needed additional flexibility and authority," said the official. This statement raised the ire of federal labor union leaders, who fear the legislation will seek to strip civil service protections from Defense civilian employees. "There is absolutely no justification for them to be thinking that way other than that they're very anti-union and anti-civilian employee," said Bobby Harnage, president of the American Federation of Government Employees, which represents 200,000 Defense employees. Officially, Defense would not describe the substance or purpose of the legislation. "The department is still in the process of developing its proposed legislative package for fiscal year 2004," said Marine Lt. Col. Michael Humm, a Defense spokesman. Retired Gen. William Tuttle, former commander of the Army Materiel Command, said the legislation would complement the efforts of David Chu, undersecretary of Defense for personnel and readiness, to redesign the civilian personnel system at the huge department. "I think they would like the same kind of authority that came out of the homeland security bill," he said. "The civilian personnel regulations are one of the major inhibiters of transformation because they ingrain a risk-averse culture." Any attempt to alter civil service protections for Defense employees would face opposition on Capitol Hill, said Rep. Solomon Ortiz, D-Texas, ranking member on the Readiness Subcommittee of the House Armed Services Committee. "I wouldn't like it a bit," he said. "I know the president needs some leeway, but I think we gave him some leeway with the Homeland Security [Department]." The House Armed Services Committee will reserve comment until it receives any legislation, a spokesman said. Defense officials hope to send the "transformation" legislation to Congress in early March as a stand-alone bill, according to Defense e-mails. Officials are hurriedly writing up proposals that could be included in the bill. A message from a DLA official asked colleagues to send him their ideas by Dec. 23. Harnage promised to fight any effort to roll back civil service protections for civilian employees at Defense. "If they want to have the same fight over on the Hill that we had on homeland security, they can depend on it because it's going to be there," he said. "If they are drawing a line in the sand I'm accepting the challenge."