{ "id": "RL31954", "type": "CRS Report", "typeId": "REPORTS", "number": "RL31954", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 316628, "date": "2006-03-16", "retrieved": "2016-04-07T19:08:33.441029", "title": "DOD's National Security Personnel System: Statute, Regulations, and Implementation Plans", "summary": "Title XI of the National Defense Authorization Act for FY2004, P.L. 108-136 , includes\nprovisions\non a National Security Personnel System (NSPS) for the Department of Defense (DOD) and\nprovisions on personnel management that are applicable government-wide. The law was enacted\non November 24, 2003.\n Title XI, Subtitle A, of the law authorizes the Secretary of Defense and the Director of the\nOffice of Personnel Management (OPM) to establish a new human resources management (HRM)\nsystem for DOD's civilian employees and to jointly prescribe regulations for the system. The\nSecretary and the Director are authorized to establish and adjust a labor relations system and are\nrequired to provide a written description of the proposed personnel system or any adjustments to\nsuch system to the labor organizations representing DOD employees. A collaboration procedure\nmust be followed by the Secretary, Director, and employee representatives. The Secretary is\nauthorized to engage in any collaboration activities and collective bargaining at an organizational\nlevel above the level of exclusive recognition. The Secretary also is authorized to establish an\nappeals process that provides fair treatment for DOD employees covered by the NSPS. Regulations\napplicable to employee misconduct or performance that fails to meet expectations may not be\nprescribed until after the Secretary consults with the Merit Systems Protections Board (MSPB) and\nmust afford due process protections and conform to public employment principles of merit and\nfitness at 5 U.S.C. Section 3201. A qualifying employee subject to some severe disciplinary actions\nmay petition the MSPB for review of the department's decision. The board could dismiss any petition\nthat does not raise a substantial question of fact or law and order corrective action only if the board\nfinds that the department's personnel decision did not meet some prescribed standards. An employee\nadversely affected by a final decision or order of the board could obtain judicial review. Subtitle C\nof Title XI includes amendments to the government-wide policies for the federal employee overtime\npay cap, military leave, and Senior Executive Service pay, and creates a Human Capital Performance\nFund to reward the highest-performing and most valuable employees in an agency.\n DOD and OPM jointly published final regulations for the NSPS in the Federal\nRegister on\nNovember 1, 2005. The regulations state that \"issuances\" to implement the regulations will be\nprepared by DOD. Draft versions of the \"issuances\" are currently under discussion by the\ndepartment and labor organizations. A coalition of federal unions, including the American\nFederation of Government Employees, filed a lawsuit in federal district court challenging the final\nregulations. On February 27, 2006, the court enjoined the regulations because they failed to ensure\ncollective bargaining rights, did not provide for independent third-party review of labor relations\ndecisions, and failed to provide a fair process for appealing adverse actions. DOD said that it will\nappeal the decision. In early March 2006, DOD stated that the phased implementation of the new\nsystem and its classification, performance management, compensation, staffing, and workforce\nshaping components would begin in April 2006, with some 11,000 employees. This report will be\nupdated to reflect changes in the status of implementation.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL31954", "sha1": "2d4883c022d40b6c0755861cb79b8dd769659a24", "filename": "files/20060316_RL31954_2d4883c022d40b6c0755861cb79b8dd769659a24.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL31954", "sha1": "ba25c56df695a773a444204a1209a775b59dd00a", "filename": "files/20060316_RL31954_ba25c56df695a773a444204a1209a775b59dd00a.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs6225/", "id": "RL31954 2005-03-11", "date": "2005-03-11", "retrieved": "2005-06-11T10:56:59", "title": "DOD's National Security Personnel System: Provisions of Law and Implementation Plans", "summary": "This report discusses each of the provisions in Title XI of P.L. 108-136 and plans to implement the law. Title XI of the National Defense Authorization Act for FY2004, P.L. 108-136, includes provisions on a National Security Personnel System (NSPS) for the Department of Defense (DOD) and provisions on personnel management that are applicable government-wide. The law was enacted on November 24, 2003.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20050311_RL31954_49ce80fa8ebee0d793924e76040d01ef5c176e7d.pdf" }, { "format": "HTML", "filename": "files/20050311_RL31954_49ce80fa8ebee0d793924e76040d01ef5c176e7d.html" } ], "topics": [ { "source": "LIV", "id": "Executive departments", "name": "Executive departments" }, { "source": "LIV", "id": "U.S. Department of Defense - Personnel management - Law and legislation", "name": "U.S. Department of Defense - Personnel management - Law and legislation" }, { "source": "LIV", "id": "Labor", "name": "Labor" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc810446/", "id": "RL31954_2005Feb16", "date": "2005-02-16", "retrieved": "2016-03-19T13:57:26", "title": "DOD\u2019s National Security Personnel System: Provisions of Law and Implementation Plans", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20050216_RL31954_c3d1e12d4cc6062319792fab7ed0c062ce91e7b3.pdf" }, { "format": "HTML", "filename": "files/20050216_RL31954_c3d1e12d4cc6062319792fab7ed0c062ce91e7b3.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc809142/", "id": "RL31954_2004Jan28", "date": "2004-01-28", "retrieved": "2016-03-19T13:57:26", "title": "Civil Service Reform: Analysis of the National Defense Authorization Act for FY2004", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20040128_RL31954_982741f2b30c80e52484a85904410331a3a0a694.pdf" }, { "format": "HTML", "filename": "files/20040128_RL31954_982741f2b30c80e52484a85904410331a3a0a694.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc805575/", "id": "RL31954_2003Nov07", "date": "2003-11-07", "retrieved": "2016-03-19T13:57:26", "title": "Civil Service Reform: Analysis of the National Defense Authorization Act for FY2004", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20031107_RL31954_80b8cc15079f0ce5f0e49b55a1b7618c470824f7.pdf" }, { "format": "HTML", "filename": "files/20031107_RL31954_80b8cc15079f0ce5f0e49b55a1b7618c470824f7.html" } ], "topics": [] } ], "topics": [ "Intelligence and National Security", "National Defense" ] }