t5 b71 misc files re dos visa policy 3 of 3 fdr- 11-8-95 doj letter re nsdd 38 process 593

8/14/2019 T5 B71 Misc Files Re DOS Visa Policy 3 of 3 Fdr- 11-8-95 DOJ Letter Re NSDD 38 Process 593

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NOV 0895 05:37PM EONS ~^ p2U, S. Department of JusticeOffice of the Deputy Attorney General

Mno!plAMoeUuB9ttty Attorney Gfiient Wuhing ton , D.C. 20S30November 8, 1995

The Honorable Richard M. MooseUnder Secretary for ManagementDepartment of State2201 c street, N,w.Washington, D.C. 20520ReI Thfl NSDD 38 ProcessDear Under Secretary Moose:

Thank you for hosting our recent meeting concerning NSDD 38.The Justice Department is pleased with the outcome, and believesthat collectively we have fashioned an effective mechanism forprocessing NSDD 38 requests in the future. I write now toconfirm our understanding of how the process will work.At the Justice Department, the Executive Office for NationalSecurity (EONS) will serve as the official transmitter of NSDD 38requests for all Justice agencies. At the state Department, theDirector of the Office of Management Policy and Planning (M/P),currently Carolyn Lowengart, will serve as the official recipientof all such requests. Although the transmission of a formal

request often will be preceded by "informal soundings11 ordiscussions between Justice and state personnel from the variousinterested departmental components, the formal process will betriggered by the Director of M/P's receipt of a formal requestfrom EONS.We understand that the process the state Department willfollow in dealing with our NSDD 38 requests is set forth in thetalking points you provided at the meeting (attached). M/P will"gather the comments, views and recommendations from concernedState Department offices and transmit them to the relevant Chiefof Mission, You advised that within thirty days of your receiptof a formal request for NSDD 38 approvalr M/P will give EONS astatus report regarding the request. You further indicated thatwe could expect a final decision on the request within forty-fivedays of its initial receipt.If it takes longer than 45 days to receive a response to anNSDD 38 request, we have agreed that the request will be escalated for discussion by the Deputy Secretary of State andDeputy Attorney General at one of their regular biweeklymeetings. The same forum will be used to discuss intractable

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f. NOV 08 '95 05:38PM EONS/ P.4' NSDD 38

fiafitoauad Talking Point, of* *.W*M* Under Secretary MooseApplies t o "size, composition, or mandate" of full-timepermanent direct hire staffs under COM authority, US andFSN. Office of Management Policy and Planning (M/P) ispoint of contact. (NB. COM3 can decide all staffing, butNSDD 38 applies only to above.)

COMs may initiate, but most are changed come from otheragencies. (If COMs initiate, process starts with M/Pformally transmitting COM "decision" to agency.)Informal coordination encouraged. Allows both partiesinsight into plans/views and opportunity to change or"work-out" issues before formal process begins.

The Procea s n 91. Agency provides COM (through or by copy to M/P) detailedstaffing change proposal with full justification, benefitsto USG, mission, and agency objectives, specific position

information, and support implications,2. M/P gathers comments/views/recommendations from concernedoffices and transmits to COM, Intent is to provide COMall available information for fully informed decision.3. Unless additional information or clarification needed, COMdecides on basis of specific national goals and missionprogram plan (MPP) priorities, and advises M/P fortranamittal to requesting agency.

If approved, case closed.4. If COM requires additional information or denies proposal,M/P advises concerned agency. Agency can provide neededinformation or formally request reconsideration,specifically addressing COMs concerns (through M/P).(Depending upon agency, COM,and issue involved, back andforth process may go through several iterations.)

NB. COMs or agency co uld invoke new procedure redevelopment of a "Department" position on regionalpositions by M, e.g., IRS positions in AHA region.5. If COM and agency cannot reach agreement, Cabinet Member

may appeal COM's decision to Secretary of State, with M/Pas point of contact.6. if Secretary of State and head of concerned agency cannotreach agreement, case can be a ppealed to President.(Since 1982, less than 20 NSDD 38 cases have been appealedto the Secretary and none to the President.)Questions to; M/P, 202-647-0093 (FAX 202-647-2524), Room 5214,Department of State, Washington DC 20520-5214.


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)2/28/96 13:12 C202 647 2524 DOS:F1CP/MP/COM 0004

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7. TTTCE AMD GRADE

JUSTIFICATION

9. SUPPORT IMPLICATIONSi

10. REQUESTIHGOFFICIAL:

Part-time, intermittent, ortemporary employee.Participating Agency ServiceAgreement (feASA), InternationalDevelopment Intern (IDI),JuniorOfficer Trainee (JOT),etc.Title and grade of position(a),grade level, and positionnumber. Fo'r position increases,to whom the incumbent(s)willreport.

a) Detaileddescription of duties, withclear, complete/ and specificrelationship to e.g.,Department/Activity and USGmission goals and objectiveswhich will be met by establishingthis position; reasons forselecting this particular post;and why this function could notbe performed from the U.S., etc?b) For Decreases; How will thework done by this position behandled in the future? Who willbe responsible for it?For position increases, specificand detailed informationregarding the supportneeded/desired from post,reimbursement or direct-chargeplan, and whether othersupport/resources to the postwill be provided. (E.g. does theposition need classifiedequipment? what level?; do youneed additional office space,pouching services?)Ag


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0-2 /28 /96 13:12 O202 647 2524 DOS :FMP /MP /COM E l OO S

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11. TIMING Please specify the fiscal year inwhich staffing change will take place.For expeditions processing, the following paragraph should beincluded in each position change proposal* that is sent directlyby an agency to post:"The following provides a formal HSDD 38 proposal to change thesize, composition, or mandate of full-time, permanent DSGpositions in (name/post). A copy has been forwarded to theDepartment of State, M/P, Room 5214. In accordance withMSDD-38, H/P will gather from concerned State offices commentso the merits and implications of this proposal and forwardtJiem to you for your consideration in Making your finaldecision. No post action is required at this time. However,if you have not received comments within two weeks of receiptof this proposal, please notify M/P.*

t5 b71 misc files re dos visa policy 3 of 3 fdr- 11-8-95 doj letter re nsdd 38 process 593

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