[Federal Register Volume 61, Number 232 (Monday, December 2, 1996)]
[Proposed Rules]
[Page 63762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30596]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 61, No. 232 / Monday, December 2, 1996 /
Proposed Rules
[[Page 63762]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 213
RIN 3206-AH67
Excepted Service--Schedule A Authority for Temporary
Organizations
AGENCY: Office of Personnel Management.
ACTION: Proposed regulations.
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SUMMARY: The Office of Personnel Management (OPM) proposes to amend the
Schedule A excepted service appointing authority used by agencies to
fill positions in temporary organizations at GS-15 and below. These
regulations would delete the maximum grade level limitation to permit
agencies to make such appointments also to Senior Level positions.
DATES: Comments must be received on or before January 31, 1997.
ADDRESSES: Send or deliver written comments to Mary Lou Lindholm,
Associate Director for Employment, Office of Personnel Management, Room
6F08, 1900 E Street, NW., Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT: Sylvia Cole on (202) 606-0830, TDD
(202) 606-0023, or FAX (202) 606-2329.
SUPPLEMENTARY INFORMATION: The Schedule A authority for appointing
staff in temporary organizations was established in 1979. It permits
agencies to fill positions on the staffs of temporary boards and
commissions established by law or Executive order for specified periods
not to exceed 4 years. The authority also permits appointments in
temporary organizations established within existing agencies to perform
work outside the agency's continuing responsibilities. Currently
appointments can only be made at GS-15 and below.
OPM has authority to except positions under Schedule A when
examining for them is impracticable. Temporary boards and commissions
established by law or Executive order need to be staffed and become
operational immediately. The urgency of the staffing needs does not
permit use of normal appointment procedures.
When the authority was originally established there was no need to
include positions above GS-15, because the executive assignments system
covered positions at grades GS-16, 17 and 18. Under this system
positions could be filled noncompetitively in the competitive service
by limited executive assignments. Agencies used this authority to
appoint individuals to temporary organizations.
The Federal Employees Pay Comparability Act of 1990 abolished
grades GS-16, 17, and 18, and the executive assignment system, and
established the Senior Level system. Unlike the executive assignment
system, the Senior Level system does not provide for noncompetitive
time-limited appointments. Agencies, therefore, have no mechanism to
staff temporary organizations quickly with individuals above the GS-15
level. Removal of the GS-15 limit would restore to agencies the
staffing flexibility they had prior to 1990.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities (including
small businesses, small organizational units, and small governmental
jurisdictions) because the regulations apply only to appointment
procedures used to appoint certain employees in Federal agencies.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
List of Subjects in 5 CFR Part 213
Government employees, Reporting and recordkeeping requirements.
U.S. Office of Personnel Management.
James B. King,
Director.
Accordingly, OPM proposes to amend 5 CFR part 213 as follows:
1. The authority citation for part 213 continues to read as
follows:
Authority: 5 U.S.C. 3301 and 3302, E.O. 10577, 3 CFR 1954-1958
Comp., p. 218; Sec. 213.101 also issued under 5 U.S.C. 2103;
Sec. 213.3102 also issued under 5 U.S.C. 3301, 3302, 3307, 8337(h)
and 8456; E.O. 12364, 47 FR 22931, 3 CFR 1982 Comp., p. 185; and
Pub. L. 103-353.
2. In Sec. 213.3199, the first sentence of paragraph (a) and the
introductory text in paragraph (b) are revised to read as follows:
Sec. 213.3199 Temporary organizations.
(a) Positions on the staffs of temporary boards and commissions
which are established by law or Executive order for specified periods
not to exceed 4 years to perform specific projects. * * *
(b) Positions on the staffs of temporary organizations within
continuing agencies when all of the following conditions are met: * * *
* * * * *
[FR Doc. 96-30596 Filed 11-29-96; 8:45 am]
BILLING CODE 6325-01-M
