| Comment Number: | OL-10509988 |
| Received: | 3/15/2005 10:55:43 PM |
| 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:
Recently, the Department of Homeland Security (DHS) established a new personnel system that has similarities to the Department of Defense’s proposed National Security Personnel System (NSPS). Under its new personnel system, DHS remains subject to the statutory provisions of Title 5, Chapter 55, Subsection V, which provide for premium pay and more specifically, availability pay for Criminal Investigators. Under the current statutory provision, availability pay for Criminal Investigators is set at 25 percent of the rate of basic pay for the position, and is treated as part of basic pay in determining benefits. The regulations for NSPS provide that “the Secretary may waive the provisions of 5 U.S.C. chapter 55, subchapter V (except section 5545b) in whole or in part with respect to any category of employees approved for coverage” (See section 9901.361, page 1784 of Federal Register, Vol. 70. No. 29.) In the event the Secretary should waive the statutory provisions as to Law Enforcement Availability Pay (LEAP) for Criminal Investigators, the leadership of each Defense Criminal Investigative Organization (DCIO) voices concern that such a waiver would severely damage each organization’s ability to retain the current work force and recruit new criminal investigators. If DCIOs cannot offer the same statutorily mandated availability pay that organizations such as DHS and FBI offer their Criminal Investigators, the DCIOs will not be competitive in their retention and recruitment efforts. The DCIOs’ criminal investigators will be outside of the mainstream of Federal Law Enforcement. The DCIOs’ highly trained and experienced criminal investigators, who are serving on the front lines in the Global War on Terrorism and protecting national security, will be aggressively recruited and potentially lost to DoD. The DCIOs recommend that DoD’s NSPS provide that premium pay, especially availability pay for Criminal Investigators, remain subject to the statutory provisions of Title 5, Chapter 55, Subchapter V. Point of Contact: Special Agent Jack M. Angelo Defense Criminal Investigative Organizations (DCIO) Enterprise-Wide Working Group (DEW Group) NSPS Panel Representative (240)-857-1948 and Special Agent Randy Redlinger DCIO DEW Group Executive Secretary (240) 857-0979