[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Rules and Regulations]
[Page 58435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23735]



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Rules and Regulations
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Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / 
Rules and Regulations

[[Page 58435]]



DEPARTMENT OF HOMELAND SECURITY

5 CFR Part 9701

[Docket No. DHS-2004-0001]
RIN 1601-AA19


Management Directorate; Department of Homeland Security Human 
Resources Management System

AGENCY: Office of the Secretary, Department of Homeland Security.

ACTION: Notice of Implementation Date.

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SUMMARY: This notice informs the public of the operative date the 
Department of Homeland Security is rescinding application of the 
Department of Homeland Security Human Resources Management System.

DATES: Applicable beginning October 1, 2008.

FOR FURTHER INFORMATION CONTACT: Robert Lauria, Deputy Director for 
Performance Management, Department of Homeland Security, Office of the 
Chief Human Capital Officer, (202) 357-8240.

SUPPLEMENTARY INFORMATION:

    Authority: 5 U.S.C. 9701; 5 CFR 9701.102.

    On February 1, 2005, the Department of Homeland Security (DHS) and 
the Office of Personnel Management (OPM) jointly issued final 
regulations at 5 CFR Part 9701 establishing a Department of Homeland 
Security Human Resources Management System (the ``System''). Pursuant 
to 5 CFR 9701.102(b)(2), Subpart A of the System became applicable to 
eligible DHS employees on March 3, 2005. Thereafter, DHS extended 
coverage of Subparts D (Performance Management), F (Adverse Actions) 
and G (Appeals) of the regulations to certain eligible DHS employees 
within some DHS components. DHS phased in coverage to certain employees 
under Subpart D (Performance Management) beginning April 1, 2007 and, 
similarly, coverage under Subpart F (Adverse Actions) and G (Appeals) 
beginning May 1, 2007. The provisions ultimately covered more than 
35,000 eligible DHS employees.
    On September 30, 2008, the President signed the Consolidated 
Security, Disaster Assistance and Continuing Appropriations Act, 2009, 
Public Law 110-329 (2008) (the ``FY 09 DHS Appropriations Act''). 
Congress provided in the FY 09 DHS Appropriations Act at Section 
522(a), ``None of the funds provided by this or any other Act may be 
obligated for the development, testing, deployment, or operation of any 
portion of a human resources management system authorized by 5 U.S.C. 
9701(a), or by regulations prescribed pursuant to such section, for an 
employee as defined in 5 U.S.C. 7103(a)(2).''
    As a result of this enactment, and pursuant to 5 CFR 9701.102(e), 
effective October 1, 2008, the Department is rescinding application of 
5 CFR 9701, Subparts A-G, as to all eligible, covered employees 
Department-wide. DHS components will convert employees covered by these 
subparts to coverage under applicable Title 5 provisions. Rescinding 
application also rescinds the waivers made in 5 CFR part 9701, 
including waivers of Title 5 Chapters 43, 75, and 77.
    The Department has coordinated these actions with the Office of 
Personnel Management and has provided separate advance notice to 
affected employees and labor organizations, as well as to the Merit 
System Protection Board.

    Dated: October 1, 2008.
Thomas D. Cairns,
Chief Human Capital Officer, Department of Homeland Security.
[FR Doc. E8-23735 Filed 10-6-08; 8:45 am]
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