| Comment Number: | OL-10510019 |
| Received: | 3/15/2005 11:55:11 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 9901.106 States that DOD will collaborate with employee representatives in the process of developing the multitude of “implementing issuances” that will be necessary to explain how the concepts in these proposed regulations will operate in practice. It talks about an exchange of views between the employee representatives and DOD, but you forgot about all the collaborative steps Congress required in section 9902(f) and 9902(m). These include participation in mediation and notification to Congress at various steps. DOD cannot escape the obligation to collaborate in the manner required by the law by fulfilling this obligation only on the general outlines of the new personnel system announced in the proposed regulations. If any part of the new system cannot be put into effect without “implementing issuances” (such as the identification of “mandatory removal offenses or the process for appealing performance ratings) then it is an integral part of the NSPS law and must comply with all the requirements in that law on collaboration with employee representatives.