| Comment Number: | OL-10510011 |
| Received: | 3/15/2005 11:38:46 PM |
| Subject: | Notice of Proposed Rulemaking, Request for Comment |
| Title: | National Security Personnel System |
| CFR Citation: | 5 CFR Chapter XCIX and Part 9901 |
| No Attachments |
Comments:
Subpart A: General Provisions The comments accompanying Subpart A state that DOD will transition to a new pay system for GS employees first and that “other categories of employees, including those covered by other systems outside of title 5, will be phased in as appropriate.” Congress did not grant this authority. While many provisions of title 5 of the U.S. Code can be waived, no provisions of other titles can be waived, and uncodified public laws cannot be waived either. An example is Public Law 97-257, which sets the pay for certain Army Corps of Engineers employees. This law was discussed in U.S. Army Corps of Engineers, 21 FLRA 501 (1986). It is not part of title 5 of the U.S. Code, cannot be changed, and is ripe for appeal.