| Comment Number: | OL-10507733 |
| Received: | 3/14/2005 2:30:29 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 A 9901.102 b - substitute "will" for "may". Under b (1) establish a set deadline for applying subpart I (Labor-Management Relations). Otherwise the Secretary may never establish a date and the subpart would never come into effect. 9901.102 (e) & (f)(1) - after "the Secretary may" insert "subject to 9901.105 (b)". This adds the checks and balances of advising (coordinating) with OPM and makes it consistent with other paragraphs. 9901.105 (b) - Change "will advise" to "will coordinate with". Otherwise the Secretary could just notify OPM and proceed with any action. 9901.105 (d) (1) - Change "that exceed those" to "that differ from those". Leaving the paragraph as is allows the Secretary to set rates lower than those of 5 USC Chapter 53 without advising OPM. 9901.106 (a) 2 (ii) - The number of employee representatives needs to be established by some fair method, such as per capita, number per labor organization, per bargaining unit, etc. Othwerwise the Secretary could set it at "1" for the entire workforce. 9901.106 (a) 3 (i) - Specify a time frame of 30 days, or some other method tied to the volume of the "issuance". Otherwise the Secretary could specify 1 day review for a 1000 page document. 9901.106 (a)(3) (ii) - Change both "and\or" to "and". This gives the employee representatives an opportunity to discuss AND submit comments. Also delete "To the extent that the Secretary determines necessary,". 9901.106 (a)(6) - Delete entire paragraph. It basically nullifies any other parties rights in this matter. 9901.108 (a) - Specify a time frame of 30 days, or some other method tied to the volume of the document to be reviewed. Subpart B 9901.201 (a) - Delete "should be" after "equal pay" and substitute "will be". Same for "should be" after "incentives and recognition". This makes it consistent with other areas of the Rules. 9901.202 (b)(4) - "Subject to 9901.102 (d)" provides the protection of requiring the Secretary to work with OPM to issue joint regulations before changing the SES system. Add a similar provision in applicable paragraphs b 1, 2, 3 and 5 for all other positions. 9901.203 (b) - Again noted that positions above GS-15 are treated differently than lower grades. 9901.211 - Change "DoD may" to "DoD will". Then at least the career groups are based on defined requirements. 9901.212 (a) - Change "DoD may" to "DoD will". (b) - Change "may" to "will". 9901.321 (a) - Change "DoD may" to "DoD will". "May" leaves it open for DoD to establish some other method of establishing pay, or not to establish ranges. 9901.322 (a) thru (d) - Change "DoD may" to "DoD will" in all instances. "May" gives the DoD the option NOT to.... 9901.331 first sentence - Change "DoD may" to "DoD will". 9901.332(a) - Change "DoD may" to "DoD will". "May" gives the DoD the option of not using local market supplements at all. 9901.333 (a) and (b), 9901.344 (a) - Change "DoD may" to "DoD will". 9901.342 (a)(1) - "The performance payout is a function of the amount of money in the performance pay pool...." - This means if the pool is empty and an employee's performance is high he\she still gets $ 0.00. 9901.342 throughout - Change "DoD may" to "DoD will". This Rule Part 9901 subparts A through I uses specifically "will" in every sentence that empowers the Secretary or DoD, but uses "may" in sentences that seem to provide a fair system of checks & balances, or indicates some action according to a measureable (or fair) method or system. The document must be edited accordingly to provide some degree of fairness. The actual Rule Part 9901 also does not reflect\implement many points in the positive sounding narrative of the preface on pages 7552 - 7574 of the Federal Register. Again I would suggest a re-write to make both preface and rule consistent. Essayons!