| Comment Number: | OL-10510991 |
| Received: | 3/16/2005 1:23:46 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 9901.107(a)(2): This part is stating that "(t)his part must be interpreted in a way that recognizes the critical national security mission of the Department." And that "(e)ach provision of this part must be construed to promote a swift, flexible, effective day-to-day accomplishment of this mission, as defined by the Secretary." Is this part stating that the "interpretation" and "constru(ing)" of this part is as defined by the Secretary or does the "interpretation" and "constru(ing)" refer to the Secretary's "defining" of the mission? The former provides for each successive Secretary to "interpret" and "construe" "this part" in any manner of ways that are all unknown at this time and could even change during an incumbent's tenure. This places the DoD civilian workforce in a situation of placing their futures and well-being at the whim of a Secretary. The latter provides for each successive Secretary to "define" the mission in such a manner as to possibly change the "interpretation" of this part. Both of these scenarios may be considered an extreme but show the ability for a Secretary to change the intent of Congress by possibly having unfettered ability to "re-interpret" NSPS from that position that may have been held by his/her predecessor. Flexibility is required but common sense is also. This basically says, "Do it anyway that you want -- don't worry!"