| Comment Number: | OL-10503307 |
| Received: | 3/4/2005 4:27:18 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 G, page 7591, paragraph 9901.712. Subparagraph (a): This paragraph is extremely excessive and extremely one-sided. Mandatory removable offenses (MROs) need to be specifically defined—very, very, very specifically defined—and should be limited to criminal acts or egregious behaviors that directly, demonstrably, and severely compromise national security. MROs cannot be based on ideological or sociological preferences/prejudices. In addition, MROs should be structured so that they could be acceptable from one administration/Secretary of Defense to another, thus avoiding their being frequently redefined. To ensure that the MROs are not arbitrary and capricious in character, they need to be developed using the provisions of 5 U.S.C. 2301 and related statutes and in partnership with key stakeholders such as the Merit System Protection Board, the Department of Justice, and employee representatives (i.e., the appropriate unions). Given the above, recommend rewriting Subparagraph (a) as follows: “The Secretary of Defense, in partnership with the Merit System Protection Board, appropriate legal counsel, and employee representatives (the appropriate unions), will determine offenses that so substantially and grievously affect the Department of Defense or national security as to constitute grounds for removal. Such determination will be based on the provisions of 5 U.S.C. 2301 and related statutes and will be implemented without prejudice.”