Comment Number: 05-02582-EREG-216-d7391-c32354
Received: 3/15/2005 8:00:00 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:

Docket Number NSPS-2005-001, RIN 3206-AK76 or 0790-AH82

Please consider Subpart E, pages 7563 and 7564, Staffing and Employment; CHAPTER XCIX, Part 9901, section 9901.504, p. 7587, and CHAPTER XCIX, Part 9901, section 9901.517, p. 7588

Issue.
The Best Practice concept of a Voluntary Emeritus Program does not appear in the NSPS Federal Register. However, waiving Chapter 31 of 5 U.S.C. does give DoD the flexibility to add this concept in its implementing issuances. The Voluntary Emeritus Program has proven to be an extremely useful capability for Laboratory managers (S&T Reinvention Laboratory Personnel Demonstrations) to retain valuable corporate memory of research and development processes, practices, successes, and failures.

Recommended Change.
A. Add the following as the last paragraph of the Staffing and EmploymentSubpart E, Definitions section, middle column, p. 7563:
The proposed regulations establish the Voluntary Emeritus Program, a best practices intervention. Under this authority, Activity Directors/
Commanders have the authority to offer retired or separated individuals voluntary assignments. The only limitation on the use of voluntary service is (a) not replacing any employee or (b) interfering with career opportunities of employees.

B. Add the following definition to section 9901.504, page 7587
Voluntary Emeritus means an individual who has retired or separated from Federal service and has been offered a voluntary assignment.

C. Add section 9901.517, p. 7588 as follows:
9901.517 Voluntary Emeritus Program Assignment. Each activity Director/Commander has the authority to offer retired or separated individuals volunteer assignment in support of the continuance of specialized work projects or to retain corporate knowledge as advisors or mentor. Assignments under this authority will not be to perform duties that would otherwise be performed by DoD employees or interfere with career opportunities of employees. Current Federal policies regulating Government employees on patents and royalties will apply to the volunteer's assignment (37CFR501). In addition, the volunteer will be eligible for invention awards, i.e., monetary grants for inventions that are of interest to the Government and for which patent coverage is sought or granted
.
4. Rationale.
The use of volunteers under a format and tested program needs to be made available to DoD managers. The treatment of intellectual property rights for individuals who participate in the Volunteer Emeritus Program has proven to be inconsistent among Components. Additionally, some policies tend to treat these individuals as contractors and other policies treat them as government employees. Since these volunteers are more closely associated as a government employee (they actually are for injury purposes), the procedure for intellectual property rights for government employees is the preferred methodology.