Lowering the Bar

As part of the proposed personnel overhaul at the Homeland Security Department, officials intend to lower the standard of proof needed to impose disciplinary actions or to fire employees for wrongdoing. Some lawmakers are upset, saying that the proposed adjustment would allow DHS to fire an employee even if the majority of evidence showed that the person was innocent.

Rep. Chris Van Hollen, D-Md., attacked the proposal Wednesday during a joint hearing of House and Senate subcommittees that have oversight on federal management issues. He said the proposed adjustment "can't be defended."

According to the DHS proposal, the standard of proof needed by appeals boards would be lowered from a "preponderance of evidence" to "substantial evidence." Under the "preponderance" standard, more than half the evidence must point toward an employee's guilt. The "substantial" standard is not readily defined.

"I'm clearly going to pursue this issue through the regulatory process and others will as well," Van Hollen told Government Executive. "We all want a system that will get rid of the bad apples but we also want a system that is fair."

DHS Deputy Secretary James Loy played down the difference between the terms "preponderance" and "substantial." He said also that the adjusted standard of proof was necessary for ensuring homeland security. When pressed on this and other personnel reform issues, Loy repeatedly cited the Sept. 11, 2001, terrorist attacks as justification for the changes. He drew support from some lawmakers.

"In the interest of protecting the homeland...'substantial' is adequate," said Rep. John Mica, R-Fla.

Del. Eleanor Holmes Norton, D-D.C., said, however, that the idea of firing an employee when the majority of evidence exonerates them "bordered on the unconstitutional."

Van Hollen said that the proposal "seems to turn fairness upside down." He said that Loy and Office of Personnel Management Director Kay Coles James never explained why the lowered standard of proof was necessary.

"They didn't even attempt to make a case," he said. "They made a blanket statement without any evidence to support it."

Flexible NASA

President Bush Tuesday signed the NASA Flexibility Act of 2004 which-as the name suggests-grants NASA more flexibility in recruiting and retention. Officials from the space agency praised the decision.

"I am very excited about this human capital legislation," said NASA Administrator Sean O'Keefe. "With fewer students entering math and science studies, there's greater competition to attract those graduates who do make science and technology a career. This law now gives us additional tools."

The bill will allow the agency to boost its recruiting efforts by offering scholarships to students who agree to work for NASA, paying relocation costs, and offering recruitment bonuses and greater vacation time to incoming hires. Managers would also be able to offer higher starting salaries.

Last August, NASA officials created a team to begin work on human capital efforts that must be taken care of before the "additional tools" contained in the law can be used effectively.