| Comment Number: | OL-10505068 |
| Received: | 3/10/2005 2:37:42 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 9901.105. It appears that the Secretary has unlimited powers and only needs to “coordinate with the Director of OPM”. For example (e) states that “the Secretary will advise and/or coordinate with OPM in advance, as applicable,…” This implies that the Secretary can, at his or her discretion decide what needs to be coordinated with OPM. There is no provision to dispute the Secretary if he or her decides that the provision does not need to be coordinated, but actually should have been coordinated. Also, the Secretary does not need “approval” from OPM, only needs to coordinate. There should be provisions for “checks and balances” and the Secretary should obtain approval from a 3rd party like OPM.