TITLE 5 - ADMINISTRATIVE PERSONNEL

CHAPTER XCIX - DEPARTMENT OF DEFENSE HUMAN RESOURCES MANAGEMENT AND LABOR RELATIONS SYSTEMS (DEPARTMENT OF DEFENSE - OFFICE OF PERSONNEL MANAGEMENT)

SUBCHAPTER B - GOVERNMENT ETHICS

PART 9901 - DEPARTMENT OF DEFENSE HUMAN RESOURCES MANAGEMENT AND LABOR RELATIONS SYSTEMS

subpart a - GENERAL PROVISIONS

9901.105 - Coordination with OPM.

  (a) As specified in paragraphs (b) through (e) of this section, the Secretary will advise and/or coordinate with OPM in advance, as applicable, regarding the proposed promulgation of certain implementing issuances and certain other actions related to the ongoing operation of the NSPS where such actions could have a significant impact on other Federal agencies and the Federal civil service as a whole. Such pre-decisional coordination is intended as an internal DoD/OPM matter to recognize the Secretary's special authority to direct the operations of the Department of Defense pursuant to title 10, U.S. Code, as well as the Director's institutional responsibility to oversee the Federal civil service system pursuant to 5 U.S.C. chapter 11.

  (b) DoD will advise OPM in advance regarding the extension of specific subparts of this part to specific categories of DoD employees under 9901.102(b).

  (c) Subpart B of this part authorizes the Secretary to establish and administer a position classification system and classify positions covered by the NSPS; in so doing, DoD will coordinate with OPM prior to (1) Establishing or substantially revising career groups, occupational pay schedules, and pay bands under 9901.211 and 9901.212(a); (2) Establishing alternative or additional occupational series for a particular career group or occupation under 9901.221(b)(1) that differ from Governmentwide series and/or standards; (3) Establishing alternative or additional classification standards for a particular career group or occupation under 9901.221(b)(1) that differ from Governmentwide classification standards; and (4) Establishing the process by which DoD employees may request reconsideration of classification decisions by the Secretary under 9901.222, to ensure compatibility between DoD and OPM procedures.

  (d) Subpart C of this part authorizes the Secretary to establish and administer a compensation system for employees of the Department covered by the NSPS; in so doing, DoD will coordinate with OPM prior to (1) Establishing maximum rates of basic pay and aggregate pay under 9901.312 that exceed those established under 5 U.S.C. chapter 53; (2) Establishing and adjusting pay ranges for occupational pay schedules and pay bands under 9901.321(a), 9901.322(a) and (b), and 9901.372; (3) Establishing and adjusting local market supplements under 9901.332(a) and 9901.333; (4) Establishing alternative or additional local market areas under 9901.332(b) that differ from those established for General Schedule employees under 5 CFR 531.603; (5) Establishing policies regarding starting rates of pay for newly appointed or transferred employees under 9901.351 through 9901.354 and pay retention under 9901.355; (6) Establishing policies regarding premium pay under 9901.361 that differ from those that exist in Governmentwide regulations; and (7) Establishing policies regarding the student loan repayment program under 9901.303(c) that differ from Governmentwide policies with respect to repayment amounts, service commitments, and reimbursement.

  (e) Subpart E of this part authorizes the Secretary to establish and administer authorities for the examination and appointment of employees to certain organizational elements of the Department covered by the NSPS; in so doing, DoD will coordinate with OPM prior to (1) Establishing alternative or additional examining procedures under 9901.515 that differ from those applicable to the examination of applicants for appointment to the competitive and excepted service under 5 U.S.C. chapters 31 and 33, except as otherwise provided by subpart E of this part; (2) Establishing policies and procedures for time-limited appointments under 9901.511(d) regarding appointment duration, advertising requirements, examining procedures, the appropriate uses of time-limited employees, and the procedures under which a time-limited employee in a competitive service position maybe be converted without further competition to the career service; and (3) Establishing alternative or additional qualification standards for a particular occupational series, career group, occupational pay schedule, and/or pay band under 9901.212(d) or 9901.513 that significantly differ from Governmentwide standards.

  (f) Subpart F of this part authorizes the Secretary to establish and administer a workforce shaping system for employees of the Department covered by the NSPS; in so doing, DoD will coordinate with OPM prior to modifying coverage, retention procedures, or appeal rights under subpart F of this part.

  (g) Section 9902(l) of title 5, U.S. Code, requires the Secretary to make a determination that the Department has in place a performance management system that meets the criteria in 5 U.S.C. 9902(b) before the Secretary may apply the human resources management system established under 5 U.S.C. 9902(a) to an organization or functional unit that exceeds 300,000 civilian employees. In making this determination, the Secretary will coordinate with the Director.

  (h) When a matter requiring OPM coordination is submitted to the Secretary for decision, the Director will be provided an opportunity, as part of the Department's normal coordination process, to review and comment on the recommendations and officially concur or nonconcur with all or part of them. The Secretary will take the Director's comments and concurrence/ nonconcurrence into account, advise the Director of his or her determination, and provide the Director with reasonable advance notice of the effective date of the matter. Thereafter, the Secretary and the Director may take such action(s) as they deem appropriate, consistent with their respective statutory authorities and responsibilities.

  (i) The Secretary and the Director fully expect their staffs to work closely together on the matters specified in this section, before such matters are submitted for official OPM coordination and DoD decision, so as to maximize the opportunity for consensus and agreement before an issue is so submitted.