Comment Number: OL-10512085
Received: 3/16/2005 9:05:34 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:

Review of the Federal Register, Part II, DoD OPM, 5 CFR Chapter XCIX and Part 9901 National Security Personnel System; Proposed Rule; states 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.). Consideration for pay and implementation of the existing Law Enforcement Availability Pay (LEAP), currently set at 25% must be segregated and provided protection for this special career group in order to maintain, retain, and recruit qualified law enforcement officers. Reduction in this availability pay will be detrimental to this specialized workforce. The proposed rules allow for exception of this type of pay for firefighters and law enforcement officers require the same protection of pay. Other departments with similar new personnel systems retain the same protections for law enforcement officers currently outlined in the statutory provisions of Title 5, Chapter 55, Subsection V, which provide for premium pay and law enforcement availability pay. As the Federal Law Enforcement Officer’s Association (FLEOA), Air Force Office of Special Investigations (AFOSI), Agency President representing all civilian AFOSI Federal Law Enforcement Officers as a collective voice, have huge concerns on the ramifications and detrimental effects this proposed rule would have on this workforce. All DoD Law Enforcement Organizations must be competitive and on equal footing with like organizations within the Federal Government. Highly recommend NSPS provide protection for premium pay and law enforcement availability pay for all criminal investigators; remain subject to the statutory provisions of Title 5, Chapter 55, subchapter V. Special Agent David E. Poole Federal Law Enforcement Officers Association Air Force Office of Special Investigations Agency President (240)-857-1143