| Comment Number: | EM-023150 |
| Received: | 3/16/2005 10:39:21 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:
March 16, 2005 Mr. Bradley B. Bunn Program Executive Office, National Security Personnel System 1400 Key Blvd., Suite B-200 Arlington, VA 22209-5144 Dear Sir: On behalf of the Federal Career Service Division (FCSD) of the Federal Bar Association, I am submitting the following comments in response to RIN 3206-AK76 relating to the proposed regulations to establish the National Security Personnel System (NSPS). The Federal Career Service Division of the Federal Bar Association is dedicated to issues affecting federal government attorneys, to include all aspects of the professional environment in which attorneys work, such as hiring, classification, qualifications, and related issues. The Federal Career Service Division is a component of the Federal Bar Association. These comments are submitted in the name only of the Division. At the outset, in commenting on the proposed regulations, we are encouraged by DOD?s commitment to ?continuing collaboration? in formulating the specific details of the new pay system. FCSD looks forward to participating fully in opportunities to work the Department of Defense (DOD) and the Office of Personnel Management (OPM) in forming the details of the plan ultimately established as NSPS. As a general matter, the Federal Career Service Division, and the tens of thousands of federal government attorneys it serves, is keenly committed to ensuring that the implementation of NSPS, as well as personnel systems developed elsewhere in the federal government, affords due consideration to the crucial role federal government attorneys fill in the operation of our national government. In reviewing the details of the proposed regulations, the issues of ?classification? and ?pay/compensation? for federal attorneys are of particular importance to FCSD. As is known, Federal attorneys perform important inherently governmental functions which involve both the exercise of sovereign government authority and the establishment of procedures and processes related to important government functions such as those relating to national security, national defense, operational oversight and administrative regulation. Accordingly, in our view, it is essential that federal government attorney positions be appropriately included within career groups and pay schedules that take into account the complex nature of the work government attorneys routinely perform, the competencies, abilities, and education levels that government attorneys possess, and the important missions that federal government attorneys fulfill?particularly in the federal government?s continuing war on terrorism and efforts to defend the homeland. Of the over 40,000 attorneys employed by the Executive Branch alone, a great majority exercise direct responsibility binding the United States to take, or not take, action by contract, policy, regulation, authorization, order, or otherwise; determine, protect, and advance political, economic, territorial, property, or other interests by military and/or diplomatic action, regulatory enforcement, civil or criminal litigation, or contract enforcement; and exercising ultimate decisional control over the acquisition and use of government property, as well as establishing procedures and policies relating to the control, disbursement, and collection of federal property and funds. Indeed, many government attorneys are employed to provide specific legal services for political appointees and to promulgate regulations in support of administration objectives and policies, including those related to national security and the national defense. Given their role in performing the sorts of inherently governmental functions so vital to the operation of federal agencies involving the exercise of sovereign government authority and the establishment of procedures and processes related to critical governmental operations, it is critical that federal government attorneys are placed in the upper echelon of career groups and pay bands commensurate with the specialized qualifications, experience, and abilities possessed by federal attorneys and the critical missions they perform. The Federal Career Service Division of the Federal Bar Association is also interested in ensuring that the new framework results in a move toward market sensitive pay which considers local market conditions in setting pay rates. We are heartened that the new system seeks to ensure that ?equal pay should be provided for work of equal value, with appropriate consideration of both national and local rates paid by employers in the private sector, and appropriate incentives and recognition ? for excellence in performance.? Given the highly complex nature of the work performed by government attorneys, the doctorate degree and license requirements possessed by attorneys, and the special abilities these individuals possess, it is reasonable and appropriate that federal government attorney pay and compensation be at a level commensurate with such levels of skill, education, ability, and unique qualifications. It is irrefutable that federal government attorney compensation lags behind, often considerably, the compensation of similarly situated private sector attorneys. Yet it has been widely predicted that the federal government will experience a significant staffing crisis in the near term, when it is expected that a large percentage of the federal workforce will become eligible for retirement, and that many of those retirees are expected to be Federal attorneys. Such attrition, particularly when one considers that the cost of a three year Juris Doctorate degree exceeds $100,000 and involves a substantial commitment of rigorous training and certification, makes it imperative that the federal government develop a compensation system for Federal government attorneys that allows the United States to compete effectively with the private sector in attracting the best candidates possible for Federal legal service. In order to attract the high caliber of employees the nation is certain to need in this new age of strengthening homeland defense and defending the nation, it is critical that the federal government be seen as a credible career choice for new and established attorneys. FCSD believes that the design and implementation of an appropriate Federal attorney compensation system is necessary for the effective continuity of government operations and that a system which serves to attract and retain a fully qualified federal legal workforce is of critical importance. FCSD urges DOD, in coordination with OPM as part of the process of ?continuing collaboration,? to carefully consider the classification and compensation concerns we have raised in drafting future policy implementing NSPS. It is our hope that the wisdom and common-sense notions inherent in sufficiently compensating the attorneys and counselors for the critical services they provide to the nation will be appropriately and justly recognized and honored. We look forward to collaborating with DOD/OPM in the implementation of NSPS and appreciate having had the opportunity to comment. Should you wish to contact our organization, please contact me at 202-785-1614. Sincerely, N --------------------------------------------------- If you would prefer not to receive further messages from this sender, please click on the following link and confirm your request: mailto:K-9-910943-22257842-2-1-US2-2FA5EBFD@xmr3.com You will receive one additional e-mail message confirming your removal.