Comment Number: OL-10510017
Received: 3/15/2005 11:52:33 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:

Section 9901.104 Section 9901.104 is exteamly misleading. It states that only the specific chapters of title 5 of the U.S. Code listed there may be waived by NSPS regulations. The truth is even more shocking, and the American taxpayers should be made more aware of it. According to the NSPS law, 5 USC 9902(b)(5), the NSPS “shall not be limited by any specific law or authority under this title [title 5, U.S. Code], or by any rule or regulation prescribed under this title. . .” You should believe that there are many more laws and regulations in NSPS’s chopping block other than the laws listed in section 9901.104. Among them are the laws on hours of work and alternative work schedules (5 USC Ch. 61), the laws on annual leave, sick leave and family and medical leave (5 USC Ch. 63), the workers compensation laws (5 USC Ch. 81), the retirement laws (5 USC Chs. 83 and 84) and the laws on life insurance and health insurance (5 USC Chs. 87 and 89). Although the proposed regulation lists 5 USC Chapters 33 and 35 as waivable, many people may not realize that they include a fundamental feature of civil service law, until now: veterans preference in hiring and veterans preference in reductions in force. Among the regulations that DOD may waive are the regulations on promotions (5 CFR Part 335) and reductions in force (5 CFR Part 351). Everyone including Congress should examine the NSPS law and be outraged.