Comment Number: OL-10511325
Received: 3/16/2005 3:05:13 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:

NSPS-2005-001 page 7554 under Authority To Establish a New HR System: The text reads "In establishing the system,only certain provisions of title 5 may be waived or modified by DoD and OPM: Subchapter V of chapter 55 (dealing with premium pay), except section 5545b (dealing with firefighter pay);" etc... This is of deept concern to the 1811 Special Agents of the DoD. We currently receive Law Enforcement Availability Pay under Title 5, Subchapter 55, section 5545(a). Like the firefighters we should be included as exempt from the DoD having the ability to waive this law at any time. This was not the spirit of the law as it was passed by Congress in 1994. Perhaps this was an oversight or is intentional; however it impacts a portion of America's first-responders on the war on Terrorism. This issue needs to be reviewed, addressed and amended to protect the pay afforded the 1811 comunity under the 1994 LEAP Act.