| Comment Number: | OL-10511621 |
| Received: | 3/16/2005 4:21:59 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:
9901.313 National security compensation comparability. -- The National Security Personnel System, as enacted by section 1101 of the National Defense Authorization Act for Fiscal Year 2004, Public Law 108-136 (November 24, 2003), requires certain “limitations relating to pay” found in Section 9902 (e) of HR 1588. The last three items in that section require: (3) To the maximum extent practicable, the rates of compensation for civilian employees at the Department of Defense shall be adjusted at the same rate, and in the same proportion, as are rates of compensation for members of the uniformed services. (4) To the maximum extent practicable, for fiscal years 2004 through 2008, the overall amount allocated for compensation of the civilian employees of an organizational or functional unit of the Department of Defense that is included in the National Security Personnel System shall not be less than the amount that would have been allocated for compensation of such employees for such fiscal year if they had not been converted to the National Security Personnel System… (5) To the maximum extent practicable, the regulations implementing the National Security Personnel System shall provide a formula for calculating the overall amount to be allocated for fiscal years after fiscal year 2008 for compensation of the civilian employees of an organization or functional unit of the Department of Defense that is included in the National Security Personnel System. The formula shall ensure that in the aggregate, employees are not disadvantaged in terms of the overall amount of pay available as a result of conversion to the National Security Personnel System… Clearly, the latter two items [(4) and (5)] are addressed in the proposed rules for NSPS, as published in the Feb 14, 2005 Federal Register, under 9901.313 (a) and (b). Nowhere in the proposed rules do I find any reference with respect to the requirement in PL 108-136 that: “to the maximum extent practicable, the rates of compensation for civilian employees at the Department of Defense shall be adjusted at the same rate, and in the same proportion, as are rates of compensation for members of the uniformed services.” HOW will DoD comply with this requirement under NSPS? Does DoD intend to comply?