| Comment Number: | OL-10505064 |
| Received: | 3/10/2005 2:36:23 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 9901.102. It appears that the Secretary has unlimited powers. For example (f)(1) states that “the Secretary may, at his or her sole and exclusive discretion, apply one or more subparts of this part…” This implies that the Secretary can apply the performance part without the pay part. The section should limit the Secretary’s powers and be precise in what powers the Secretary has or has provisions for “checks and balances”. For example, re-write the section to “the Secretary may, with the approval from organized labor, apply one or more subparts of this part…”