Comment Number: OL-10502519
Received: 3/2/2005 11:24:00 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:

I have read the entire NSPS as published in the Federal Register and it is apparent from the way it is written that this has not been thought through very carefully as it is lacking important details. Throughout the proposal it uses such phrases as - "DOD will have the authority to establish"; "will establish broad salary ranges"; "The formula will ensure…"; "the system will have rate ranges"; "the bands will have open pay ranges- based on geographic and occupational factors"; “DOD will coordinate";"DOD expects to use"; "Performance pay pools will be established by combining organizational elements, functional groupings, or other categories of employees”; "proposed regulation allows DOD to establish "control points or other mechanisms within a band beyond which basic pay increases may be granted for meeting criteria established by DOD ";"DOD has not yet identified a proposed list of such offenses. However it is important to preserve the Secretary's flexibility to carefully and narrowly determine the offenses that will fall into the category and to make changes over time"; " the cumulative effect of these changes can be assessed only as they are actually implemented and administered by MSPB";" the Secretary may.... apply these subparts to a specific category or categories of eligible civilian employees in organizations and functional units of the Department at any time...""at his or her sole and exclusive discretion, the Secretary may rescind the application...";"the provisions in the following chapters.... and any related regulations may be waived or modified in exercising the authority"; " authorizes DOD to establish and administer...DOD will coordinate with OPM prior to...";"DOD may establish"; “DOD will document ";"DOD will establish procedure" DOD will establish implementing issuances" ;"will be established" ; "the secretary will establish limitations", 'DOD may establish ranges of basic pay for pay bands...." DOD will establish a common rate range..." "DOD may". It is true that the purpose of the new system is to maintain flexibility however, the system being proposed lacks any detail. The heart of the system is that it is performance based however, the regulation as published in the Federal Register lacks any details how this will be achieved. "DOD will issue implementing issuance for the establishment and management of pay pools for performance payouts." "DOD will determine a percentage of pay to be included in pay pools and paid out in accordance will accompanying DOD implementing issuances”; DOD will issue implementing issuances regarding the assignment of a number or range of shares for each rating of record level";” DOD will establish a methodology that authorized officials will use to determine the value of a performance share"; "DOD may provide for the establishment of control points within a band"; "Implementing issuances will provide guidance for determining the payout amount and appropriate distribution between basic pay and bonuses”; "DOD will issue implementing issuances to address...";”DOD may set pay..."; “DOD will prescribe appropriate implementing issuances"; The Secretary may establish Probationary periods as deemed appropriate.."; DOD also may establish qualification standards";" the Department may establish a competitive area". This proposed regulation lacks the information required to make an informative decision on the NSPS. If in fact the lack of information in the the proposal is attributed to the diversity of DOD and its mission and the flexibility which would be required within the system then it appears that a national system is not an appropriate proposal to make. Perhaps individual models need to be established within areas of DOD if in fact, there is even a need to establish a new personnel system. As a DOD employee the details of the system should be established before we are asked to comment on it.