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**WRITTEN COMMENTS OF THE**

**FEDERALLY EMPLOYED WOMEN (FEW)**

**Department of Homeland Security Human Resources Management System:
Proposed Rule**

**Docket Number DHS-2004-001/RIN #3206-AK31**

**March 19, 2004**

**Federally Employed Women (FEW)**

**1666 K Street, NW**

**Suite 440**

**Washington, DC 20006**

**(202-898-0994)**

**www.few.org**

**FEW is a private, non-profit organization founded in 1968 after
Executive Order 11375 -- that added sex discrimination to the list of
prohibited discrimination in the federal government -- was issued. FEW
has grown into an international organization serving the one million
federally employed women (both civilian and military). FEW is the only
organization dedicated solely to eliminating sex discrimination in the
federal workplace.**

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**INTRODUCTION**

FEW appreciates the opportunity to submit comments on the Department of
Homeland Security's (DHS) Proposed Human Resources Management System
(Docket Number DHS-2204-001/RIN #3206-AK31). We applaud the outreach DHS
and the Office of Personnel Management (OPM) have conducted to involve
employee organizations in the development of this plan.

As a private organization, FEW is committed to working as a constructive
pressure group to improve the status of women employed by the Federal
government. Our efforts include contact with Congress to encourage
progressive legislation. FEW national officers also meet with agency
officials at all levels to demonstrate support of the Federal Women's
Program (FWP), encourage officials to support the program and to obtain
insight on the effectiveness of the FWP at agency and local levels. FEW
has also been called on numerous times since its inception to testify
before Congress on sexual discrimination, sexual harassment and
diversity issues.

For 35 years, Federally Employed Women has been working to end sexual
discrimination and enhance opportunities for the advancement of women in
government. Every day, nationwide, FEW members work together to bring
about an awareness of the issues facing women and to achieve positive
reforms and equality in the federal workplace.

In addition, FEW members support all efforts within the government to
improve operations and efficiencies in the federal workforce.

**OUR VIEWS**

The DHS employs many FEW members and we believe that what DHS implements
will have a direct impact on how other federal agencies evolve and
change their personnel systems. Therefore, this proposal will likely
affect all federally employed women in the future. As a result, FEW has
some issues and concerns about the proposal.

***[Pay-For-Performance:]{.underline}***

While FEW is not opposed to a pay-for-performance system, we remain
concerned about some aspects of such a plan. Our bottom line: The final
program must result in a fair and workable system, and this has yet to
be definitively proven in any of the demonstration projects. Even the
Government Accounting Office (GAO), which recently examined some of
these projects, stated these systems are every much a "work in progress
in the federal government and that additional work is needed to ensure
that performance management systems are tools to help them manage on a
day-to-day basis and achieve external results."[^1]

FEW requests that safeguards be put into place to ensure against
favoritism in the allocation of performance awards and to protect
against the perception of favoritism that could have a demoralizing
effect on the DHS workforce. There are many formats in which to
accomplish this -- one of which would be to monitor the program through
the Impact Ratio Analysis (IRA).

Another concern centers on the proposal to replace within-grade raises
with awards; the problem being whether these awards will be counted as
salary increases. If not, it will cost the civilian workforce millions
of dollars in lifetime salary that boosts the value of other benefits
from life insurance to 401(k) plans and lifetime retirement annuities.

Finally, with a four-band system, it could be more difficult for a
supervisor to judge and interview candidates based upon experience
levels. With the current GS system that comprises grades from 1 to 15,
it is clearly much easier to differentiate between employees at a GS-7
versus a GS-12 level.

GAO summed up our concerns quite well in their report: "The bottom line
for additional performance-based pay flexibility is that an agency
should have to demonstrate that it has a modern, effective, credible,
and as appropriate, validated performance management system in place
with adequate safeguards, including reasonable transparency and
appropriate accountability mechanisms, to ensure fairness and prevent
politicization and abuse of employees."[^2]

***[Performance Measures:]{.underline}***

According to the proposal in the [Federal Register]{.underline},
managers are required to establish and communicate performance
expectations to employees. However, they no longer are required to
accomplish this exclusively through written performance elements and
standards set at the beginning of the appraisal period. Instead, they
have the option of establishing and communicating performance
expectations during the course of the appraisal period through specific
work assignments or other means.

The fact that managers are no longer required to use performance plans,
performance elements, and standards is potentially problematic because
there will no longer be uniformity between job standards, and job
expectations. This also could lead to accusations of favoritism in
assignments of ratings.

GAO states: "As the system evolves, critical issues such as how DHS will
link individual performance expectations to DHS's mission and goals, how
it will define performance expectations to promote individual
accountability, and how it will continue to incorporate adequate
safeguards to ensure fairness, will need to be addressed. Such detailed
implementation policies and procedures will need to be developed in a
transparent and inclusive manner as the system evolves."[^3]

FEW urges DHS and OPM to follow this guidance to ensure no confusion or
communication failures can occur. Managers need much more detail as to
how performance expectations will be promulgated and how much
flexibility they will have when developing and assigning performance
measures for their employees.

***[Continued Oversight and Evaluation:]{.underline}***

FEW is pleased to see that DHS has pledged to watch the implementation
of the personnel system closely to determine its effectiveness. We also
request that DHS continue the collaborative process begun with employee
representatives to ensure that their views and concerns continue to be
heard.

We reiterate the need for continual review of the personnel management
system, and revise as needed. DHS has stated its commitment to an
ongoing and comprehensive evaluation of the effectiveness of the plan
that should obviously also include input from employees covered by the
system.

***[Transparency and Employee Involvement:]{.underline}***

As an organization that represents federal workers, FEW joins other
entities that are requesting that federal workers remain a part of this
evolving decision making process. As GAO advises in their report:
"Continuing to involve employees in a meaningful manner is critical to
the successful operations of the department."[^4]

FEW fully supports this advice, and we offer our assistance to work with
DHS and OPM managers to ensure federally employed women are represented
in the process.

***[Equal Employment Opportunity Laws:]{.underline}***

Most importantly, FEW asks that any implemented system include the
spirit and intentions of the Equal Employment Opportunity laws. Women
employed in the federal workforce have expressed concerns about job
security, career progression, and the future of EEO and diversity
programs under this proposed personnel program. While FEW supports
initiatives for a more efficient and effective government, we ask that
employees adversely affected by any personnel changes have adequate
avenues to voice their concerns.

Again, FEW very much appreciates this opportunity to provide comments on
the Department of Homeland Security's proposed Human Resources
Management System. We offer DHS and OPM our support and expertise to
develop the best program for all federal workers, and in particular
federally employed women.

If you have any questions about anything in these comments, please
contact our Washington Representative Janet Kopenhaver at 703-528-7822
(Email: <janetk@eyeonwashington.com>).

Sincerely,

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Patricia Wolfe, President

[^1]: "Preliminary Observations on Proposed DHS Human Capital
    Regulations," General Accounting Office, GAO-04-479T, February 25,
    2004, p. 3.

[^2]: Ibid., p. 18.

[^3]: Ibid., p. 1.

[^4]: Ibid., p. 1.