Comment Number: OL-10501541
Received: 2/25/2005 4:43:20 PM
Subject: Notice of Proposed Rulemaking, Request for Comment
Title: National Security Personnel System
CFR Citation: 5 CFR Chapter XCIX and Part 9901
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Comments:

Federal Register Vol. 70, No. 29 dated 14 February 2005 proposes to amend Title 5, Code of Federal Regulations by establishing chapter XCIX consisting of part 9901, Department of Defense National Security Personnel System. Subpart A General Provisions, Section 9901.101(a) Purpose states this part contains regulations governing the establishment of a new human resources management system within the Department of Defense (DoD), as authorized by 5 USC 9902. The new human resources management system is entitled the DoD National Security Personnel System, and is defined by Subparts A through I by the Federal Register proposal. Public Law 108-136 also defines the National Security Personnel System as a human resources management system in Section 1101(a), Department of Defense National Security Personnel System: In General.--(1) Subpart I of part III of title 5, United States Code, is amended by adding at the end the following new chapter: Chapter 99, Department of Defense National Security Personnel System. Furthermore, Sec 9902(a), Establishment of human resources management system states: In General.--Notwithstanding any other provision of this part, the Secretary may, in regulations prescribed jointly with the Director, establish, and from time to time adjust, a human resources management system for some or all of the organizational or functional units of the Department of Defense. The human resources management system established under authority of this section shall be referred to as the `National Security Personnel System'. Clearly, the National Security Personnel System (including subparts A through I in their entirety) is defined as the human resources management system, and is what is referenced in both the Public Law and the Federal Register. PL 108-136, Sec. 9902(c)(1) Personnel Management at Defense Laboratories states that the National Security Personnel System shall not apply with respect to a laboratory under paragraph (2) before October 1, 2008, and shall apply on or after October 1, 2008, only to the extent that the Secretary determines that the flexibilities provided by the National Security Personnel System are greater than the flexibilities provided to those laboratories pursuant to section 342 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721) and section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note), respectively. (2) The laboratories to which this subsection applies are-- (A) the Aviation and Missile Research Development and Engineering Center; (B) the Army Research Laboratory; (C) the Medical Research and Materiel Command; (D) the Engineer Research and Development Command; (E) the Communications-Electronics Command; (F) the Soldier and Biological Chemical Command; (G) the Naval Sea Systems Command Centers; (H) the Naval Research Laboratory; (I) the Office of Naval Research; and (J) the Air Force Research Laboratory. Although Subpart A, Section 9901.102(a) Eligibility and coverage of the Federal Register states pursuant to the provisions of 5 USC 9902, all civilian employees of DoD are eligible for coverage under one or more of subparts B through I of this part, except to the extent specifically prohibited by law, DoD is attempting to include these 10 Laboratories under Subpart I, Labor-Management Relations of the NSPS. This is contrary to PL 108-136, as stated above. DoD should immediately cease and desist from attempting to contravene the Law and the wishes of Congress.