Comment Number: OL-10503217
Received: 3/4/2005 12:39:50 PM
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:

Subpart B--Classification, paragraph 9901.221 (b) (c). If DoD adds different duties and responsibilities to a pay band, will training be provided for the additional functions? Training is very limited now due to budget constraints and lack of personnel. Subpart C--Pay and Pay Administration, paragraph 9901.322 (a). If "Availability of funds" is used in setting and adjusting rate ranges, rate increases will be nonexistent during times of budget deficits--like now. I see this as a deliberate attempt to remove Congress from the decision making process affecting federal employees wages. Wages will have a tendacy to become stagnant; not a very good practice to retain and recruit a highly skilled workforce. Subpart C--Pay and Pay Administration, paragraph 9901.312. Maximum basic pay rate limitations will be established by the SECDEF. A deliberate move to remove Congress from the pay decision making process. Now, this decision will be determined by one person??? Subpart D--Performance Management, paragraph 9901.401 (5). Adequate training and retraining will be provided to supervisors and managers for the purpose of determining an employee's overall performance. As stated before, training is very limited now due to budget constraints. I know supervisors who can't even compose a sentence, and they will be the people who help determine employees career goals. There is a hugh assumption here that existing supervisors and managers are capable of carrying out the new rules and regulations regarding Perfromance Management. Subpart G--Adverse Actions, paragraph 9901.712 (a). The SECDEF has the sole exclusive and unreviewable discretion to identify offenses that have a direct and substantial adverse impact on the Department's national security mission. This is a hugh requirement for one person to decide an employee's fate, especially since the Secretary is far removed from the proceedings of disciplinary actions at a local level. It certainly appears as though the whole personnel system was composed so the Secretary of Defense could have full control over all civilian personnel matters--while Congress is left in the dark. Subpart I--Labor-Management Relations, paragraph 9901.919 (a) and (b) (8). The Secretary has the sole and exclusive authority to determine the levels of recognition during the collective bargaining process. This proposed personnel system has the potential to provide one person, the Secretary of Defense, with virtually unlimited power over all labor relations. I find this to be very unacceptable.