Comment Number: 05-02582-EREG-221-d7391-c32361
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

CHAPTER XCIX, Part 9901, Subpart C-Pay and Pay Administration, Performance-Based Pay, Other performance payments; section 9901.344(a)(3), p. 75843.

Issue.
Current Army S&T Reinvention Laboratory personnel demonstrations have existing award authorities that equal or exceed that delegated to Major Subordinate Commanders (MSC). For example, the Directors/Commanders at AMRDEC, ARL, and CECOM RDEC have $10,000 authority for special acts connected to performance. This authority, via S&T personnel demonstration Federal Register notices, exceeds the MSC Commanders delegated authority by $2,500. Additionally, pay pool managers in the Acquisition Workforce Demonstration have the authority to grant a $10,000 Contribution Award. This authority is in conflict with current Component delegations to MSC Commanders of 10% of an employees base pay for a performance award. Additionally, the Naval Research Laboratory has a $25K Contribution Award. This authority via Federal Register Notice exceeds current Navy delegation by $17,500.

Recommended Change.
Add the following to Subpart C, section 9901.373(a)(3, p. 7583:

"(3) Provide for other special circumstances particularly those currently authorized by various personnel demonstrations and alternative personnel systems."

Rationale.
Application of the other performance payments provisions in the NSPS Federal Register notice could result in a significant reduction (at a future date) in the award authority of Activity Directors/Commanders with personnel demonstrations. These provisions should prepare for the solution after the solution. For example, consider the situation that the Director of the Naval Research Laboratory would elect to become one of the future spiral candidates for implementation of NSPS. Without this provision, NRL could be in a dilemma on this issue and consider it an untenable impasse to taking such an action.