Comment Number: EM-022829
Received: 3/15/2005 5:50:27 PM
Subject: Notice of Proposed Rulemaking, Request for Comment
Title: National Security Personnel System
CFR Citation: 5 CFR Chapter XCIX and Part 9901
Attachment: EM-022829_1.pdf Download Adobe Reader

Comments:

Reference Docket Number NSPS-2005-001, RIN 3206-AK76 or 0790-AH82. I understand and appreciate your approach to developing the Federal Register in the manner you and OPM chose. I must admit that when we developed our Federal Register in the mid-1990's we tried the same approach. The China Lake team has advised us to put as few specifics as we could and save the details for the Internal Operating Procedures. However, the OPM team at that time would have nothing to do with that strategy. Thus, if we knew what we wanted, we were required to specify the details of what we wanted. Our comments (attached) have been to try and harmonize what is in the narrative in pages 7552 thru 7574 with the proposed Chapter XCIX regulations in pages 7574 thru 7603. In several places the section needs work: pay upon promotion, the definition of unacceptable performance, and local market supplements. I also looked for things that I have and that you do not or cannot have in NSPS. I waived 5 U.S.C. 41 to deal with training for degrees and to waive paying for a continued service agreement for demo employees on sabbaticals. You were prohibited by legislation to waive this section. I am somewhat concerned about the absence of specific decision authorities of Activity Directors/Commanders. I have made one recommendation (pay pool output decisions) and there are probably more that need to be made. However, the lack of details makes it hard to make recommendations. Perhaps, the best change would be to make an overt statement that the decision authority of Activity Directors/Commanders will be paramount in developing DoD implementing issuances. Additionally, we would like to have the opportunity to review and comment on the DoD implementing issuances. We have over 7 years of experimentation and a 75% acceptance rate (recent OPM Pulse Survey) for our S&T demonstration project. Comments that have been submitted from the AMRDEC are attached for your information. Best regards,