| Comment Number: | OL-10508676 |
| Received: | 3/15/2005 9:56:10 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:
Overall, I was disappointed in the lack of simplification. I thought the goal of NSPS was to make the HR system more streamlined. The proposed regs, as written, do not do much to simplify the process. Page 7561, Developmental Positions. Need to provide clarification ref: at what point a pay adjustment can be granted, i.e., upon achievement of a competency or must the employee wait until the annual rating cycle. Section 9901.202, Coverage. Provide clarification ref: the extent to which NAF is covered by the NSPS LR and HR systems. Section 9901.515, to streamline the regulations and to maintain DOD's reputation as a credible employer, Isuggest deleting the requirement for public notice when there is a viable, merit-based, business reason for targeting a recruitment source. Section 9901.103 vice 9901.703. Appears the definition of pay differs between these two sections. Section 9901.333 indicates Dod may adjust market supplements within its sole discretion. Previously, the regs indicated such a decision must be coordinated with OPM. Section 9901.342 (a) (2)/9901.409 (b). The overturning of a rating of record based on more current performance needs additional parameters attached to it, e.g., duration of observed performance. Without these parameters, supervisors couold be left to their own whims, leading to a system that is not trusted. Section 9901.409 (g). Payout determination will be subject to reconsideration if there is an EEO complaint. Section 9901.504. Recruitment is not simplified. There should be only two appointment types: permanent and temporary. Section 9901.511. Direct hire authority should be automatically allowed, without extensive documentation, for those positions for which a separate pay schedule is authorized. Section 9901.603, Competing employees. Terms should not be considered competing employees. This should be restricted soley to permanent employees. Section 9901.604 (b) (2) . Disappointed that the TOF rules were not simplified. This would have been a good time to streamline TOF/TOW regs. Section 9901.605, Change to comp area. Should provide a requirement that CAs must be established and documented based on business-based reasons. Section 9901.608 (b) (2), ...may not release an employee if the list contains a temp or term employee. Section 9901.704 (B). Separation of a term employee should not be appealable regardless of whether the separation is before the stipulated NTE date. Section 9901.805 (b). why does this part not apply to RIF actions. Section 9901.907, NSLRB. Establishment of an NSLRB is costly and redundant. DoD could address its national security goals by using the FLRA and prescribing for the FLRA the procedures that must be followed to meet national security. The establishment and maintenance of a separate entity is too costly, especially when the objectives DoD wants to achieve can be addressed by working with the FLRA to streamline its procedures and articulate national security concerns. Page 7569. Under the section on collective bargaining, it states that the term, "consult"has been removed, yet at the end of the column, the term, "Consult" has been added.