NSPS: To the Maximum Extent Practicable

by Joe on 2005.11.01 10:23PM EST  | 
IP: 

Although we are all familiar with the
administration’s and the DOD’s claim that a new personnel system was
needed among other reasons as a pay for performance personnel system
which will reward top performers much better than the present GS
system, there are other agendas inserted into the NSPS Regulations
which were neither proposed to Congress when requesting authorization
for the new personnel system nor authorized in the Public Law 108-136
which NSPS is supposed be using as the Congressional authority to
create the NSPS.

We in the Civil Service are familiar with the negotiation which
goes on annually between the Congress and the President over our annual
pay raises. It is the administration’s desire to separate Civil Service
annual pay increases from the military. It has been Congressional
intention to retain the link between the two.

The NSPS accomplishes the purpose of severing the connection
between the military and civilian pay raises. The NSPS supplants
Congressional authority in matters of compensation. Our annual
increases in the aggregate will basically be set by the Secretary of
Defense and OPM. The Secretary of Defense and OPM are under the
direction of the President.

While keeping the above in mind it may be very interesting to read the two comments below.

The first quote is from the Public Law which NSPS is supposed to adhere to. The second comment is from the NSPS Regulations.

Draw your own conclusions.

From NSPS Law (Public Law 108-136):

‘‘(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.”

From the recently published NSPS Regulations:

“Additionally, while the Department values both its military
personnel and civilian employees, it continues to support separate pay
and benefit systems in recognition of the different attributes and
demands of military and civilian service.”

Is it possible that NSPS need only follow the NSPS Law and
Congressional intent only to the “extent practicable” as long as it
agrees with the NSPS agenda?