T5 B71 Misc Files Re Dos Visa Policy 3 Of 3 Fdr- 11-8-95 Doj Letter Re Nsdd 38 Process 593

NOV 08 '95

05:37PM EONS

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U, S. Department of Justice

Office of the Deputy Attorney General

Mno!p«lAMoeUuB«9ttty Attorney Gfiient

Wuhington, D.C. 20S30

November 8, 1995 The Honorable Richard M. Moose Under Secretary for Management Department of State 2201 c street, N,w. Washington, D.C. 20520 ReI

Thfl NSDD 38 Process

Dear Under Secretary Moose:

Thank you for hosting our recent meeting concerning NSDD 38. The Justice Department is pleased with the outcome, and believes that collectively we have fashioned an effective mechanism for processing NSDD 38 requests in the future. I write now to confirm our understanding of how the process will work. At the Justice Department, the Executive Office for National Security (EONS) will serve as the official transmitter of NSDD 38 requests for all Justice agencies. At the state Department, the Director of the Office of Management Policy and Planning (M/P), currently Carolyn Lowengart, will serve as the official recipient of all such requests. Although the transmission of a formal request often will be preceded by "informal soundings11 or discussions between Justice and state personnel from the various interested departmental components, the formal process will be triggered by the Director of M/P's receipt of a formal request from EONS. We understand that the process the state Department will follow in dealing with our NSDD 38 requests is set forth in the talking points you provided at the meeting (attached). M/P will" gather the comments, views and recommendations from concerned State Department offices and transmit them to the relevant Chief of Mission, You advised that within thirty days of your receipt of a formal request for NSDD 38 approvalr M/P will give EONS a status report regarding the request. You further indicated that we could expect a final decision on the request within forty-five days of its initial receipt. If it takes longer than 45 days to receive a response to an NSDD 38 request, we have agreed that the request will be • escalated for discussion by the Deputy Secretary of State and Deputy Attorney General at one of their regular biweekly meetings. The same forum will be used to discuss intractable

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NOV 08 '95

05:38PM EONS

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NSDD 38

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Talking Point, of

Under Secretary Moose

Applies to "size, composition, or mandate" of full-time permanent direct hire staffs under COM authority, US and FSN. Office of Management Policy and Planning (M/P) is point of contact. (NB. COM3 can decide all staffing, but NSDD 38 applies only to above.) •

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

The P rocea s —

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1.

Agency provides COM (through or by copy to M/P) detailed staffing change proposal with full justification, benefits to USG, mission, and agency objectives, specific position information, and support implications,

2.

M/P gathers comments/views/recommendations from concerned offices and transmits to COM, Intent is to provide COM all available information for fully informed decision.

3.

Unless additional information or clarification needed, COM decides on basis of specific national goals and mission program plan (MPP) priorities, and advises M/P for tranamittal to requesting agency. If approved, case closed.

4.

If COM requires additional information or denies proposal, M/P advises concerned agency. Agency can provide needed information or formally request reconsideration, specifically addressing COMs concerns (through M/P). (Depending upon agency, COM, and issue involved, back and forth process may go through several iterations.) NB. COMs or agency could invoke new procedure re development of a "Department" position on regional positions 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/P as point of contact.

6.

if Secretary of State and reach agreement, case can (Since 1982, less than 20 to the Secretary and none

head of concerned agency cannot be appealed to President. NSDD 38 cases have been appealed to the President.)

Questions to; M/P, 202-647-0093 (FAX 202-647-2524), Room 5214, Department of State, Washington DC 20520-5214.

disagreements between our Departments regarding the merits of N8DD 38 requests. At our meeting, we also discussed the status of those Justice Department NSDD 38 requests that currently are pending with the State Department. Enclosed with this letter is a summary of those pending requests. I want to thank you again for the spirit of cooperation exhibited during our recent meeting. I believe the NSDD 38 process is now well on track. Sincerely, MerricK Garland

Oi/28/96

13:12

G202 647 2524

DOS:FMP/MP/COM

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HSDD—3 ft f-H HC

This HSDD 38 position change checfclist is intended to guide drafters as they prepare position change proposals (Increases and Decreases). It ia provided to expedite the processing of your requests. For further assistance, please call your agency representative in the Department of State, M/P, ROOM 5214, telephone (202) 647-0093Date signed by requesting official (sponsoring agency). 2.

J3SG

Name of parent agency: e.g.. Agriculture, Defense, Commerce, Justice, etc.

3.

ACTIVITY;

Name or acronym of sub-unit within your Department: e.g., Foreign Agricultural Service (FAS), Drug Enforcment Administration (DEA), etc.

4.

T-OfTLTTOH;

City and country (e.g., London, U.K.) where position will be located.

5. POSITION TOTAL;

How many positions do you currently have in city/country under this activity?

TYP1*-** OF POSITIONS; O-S. Q^T'e.Ct;—Hire; fOSDHl

Forein Service National (FSNDjn

Full-time (FT), permanent, USG direct-hire position filled by an American citizen (hired either from the U.S. or locally)Note: "Permanent" means any position that would be in place for more than one year. Full-time, permanent, direct-hire USG position filled by a Foreign Service National (FSN) or third country national (TCN)-

)2/28/96

13:12

C202 647 2524

0004

DOS:F1CP/MP/COM

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Part-time, intermittent, or temporary employee. Participating Agency Service Agreement (feASA) , International Development Intern (IDI) , Junior Officer Trainee (JOT), etc.

7.

TTTCE AMD GRADE

Title and grade of position (a), grade level, and position number. Fo'r position increases, to whom the incumbent ( s ) will report .

JUSTIFICATION

a)

Detailed

description of duties, with clear, complete/ and specific relationship to e.g., Department/Activity and USG mission goals and objectives which will be met by establishing this position; reasons for selecting this particular post; and why this function could not be performed from the U.S., etc? b) For Decreases; How will the work done by this position be handled in the future? Who will be responsible for it? 9.

10.

SUPPORT IMPLICATIONSi

For position increases, specific and detailed information regarding the support needed/desired from post, reimbursement or direct-charge plan, and whether other support/resources to the post will be provided. (E.g. does the position need classified equipment? what level?; do you need additional office space, pouching services?)

REQUESTIHG

Ag
OFFICIAL:

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13:12

O202 647 2524

DOS:FMP/MP/COM

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11. TIMING

Please specify the fiscal year in which staffing change will take place.

For expeditions processing, the following paragraph should be included in each position change proposal* that is sent directly by an agency to post: "The following provides a formal HSDD 38 proposal to change the size, composition, or mandate of full-time, permanent DSG positions in (name/post). A copy has been forwarded to the Department of State, M/P, Room 5214. In accordance with MSDD-38, H/P will gather from concerned State offices comments o» the merits and implications of this proposal and forward tJiem to you for your consideration in Making your final decision. No post action is required at this time. However, if you have not received comments within two weeks of receipt of this proposal, please notify M/P.*

ElOOS