| Comment Number: | OL-10510980 |
| Received: | 3/16/2005 1:21:07 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:
Throughout the proposed rule: Non-directive words are used, making the proposed rule non-enforceable as written. Examples: The nebulous word “may” is used 336 times in the Federal Register. The stronger, but still unenforceable “will” is used 537 times. On the other hand, the enforceable word “shall” is used only three times. “Must” is used 71 times. Without clear direction, the proposed new personnel system may become subject to the whims of local and higher authorities, including possible contradictory interpretations of non-specific requirements. 9901.342(a)(2): “Appropriate rating official” does not appear to be defined in the rule. Without some guidance, it is possible that pay matters will be settled by an official who does not have sufficient knowledge of the personnel being rated, and may not even work in the same location as the employees being rated. 9901.342(b): As indicated in the proposed rule, “Performance pay pools” are not defined at this time. The lack of definition leaves a possibility for conflict as employees are forced to compete for raises across a pool of different work skills with a difficult (and not defined) means of measuring comparable performance. 9901.371(b): The transitional provisions are not presently defined. Why is the DoD the sole source of issuing implementing issuances and not collaborating with the employee unions in this matter? 9901.372: The initial ranges may link to the ranges that apply to converted employees in their previously applicable pay system (taking into account any applicable locality payment under 5 U.S.C. 5304, special rate under 5 U.S.C. 5305, or local market supplement under § 9901.332)? This wording in the proposed rule allows the DoD to set the initial ranges any way it wants to. Stronger wording than “may” and “link” is desirable here (e.g., state the initial ranges shall be within a defined percentage of the previous pay). Otherwise, employees may be concerned about dramatic pay cuts in the conversion to the new system. 9901.514 Non-citizen hiring: It is foreseeable that non-citizens may be needed for positions such as foreign country experts. However, the present wording is open to abuse such as outsourcing jobs, based upon vague interpretations of what is a “qualified” employee.