NOV 08 '95 05:37PM EONS ~ ^^ p 2

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

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

f fiafitoauad Talking Point, of

«*»•««» *.W«*M* 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 head of concerned agency cannot
reach agreement, case can be appealed to President.
(Since 1982, less than 20 NSDD 38 cases have been appealed
to 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.
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 01003

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) 647-0093-

Date 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. How many positions do you
POSITION TOTAL; currently have in city/country
under this activity?
TYP1*-** OF POSITIONS;
O-S. Q^T'e.Ct;—Hire; Full-time (FT), permanent, USG
fOSDHl 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.
Forein Service National Full-time, permanent, direct-hire
USG position filled by a
(FSNDjn Foreign Service National (FSN) or
third country national (TCN)-
)2/28/96 13:12 C202 647 2524 DOS:F1CP/MP/COM 0004

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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. 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?)
10. REQUESTIHG Ag<ancy should determine
OFFICIAL: appropriate person.
0-2/28/96 13:12 O202 647 2524 DOS:FMP/MP/COM ElOOS

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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.*