[Federal Register Volume 59, Number 247 (Tuesday, December 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31642]
Federal Register / Vol. 59, No. 247 / Tuesday, December 27, 1994 /
[[Page Unknown]]
[Federal Register: December 27, 1994]
VOL. 59, NO. 247
Tuesday, December 27, 1994
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 300
RIN 3206-AF80
Employment (General)
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is amending its
regulations to reflect that agency heads must ensure that employees and
applicants for employment at their agencies are notified of the
provisions in the Hatch Act Reform Amendments of 1993, which prohibit
individuals from requesting, making, transmitting, accepting, or
considering political recommendations in effecting personnel actions.
EFFECTIVE DATE: January 26, 1995.
FOR FURTHER INFORMATION CONTACT: Jo-Ann Chabot, (202) 606-1700.
SUPPLEMENTARY INFORMATION: Section 8 of the Hatch Act Reform Amendments
of 1993, Pub. L. 103-94, amended section 3303 of title 5, United States
Code, to expand and strengthen the prohibition against political
recommendations in examinations and appointments. Although section 3303
was limited to prohibiting political recommendations in connection with
examinations for, or appointments to, positions in the competitive
service, the amended section 3303 includes other personnel actions as
well. It defines ``personnel action'' as any action described in 5
U.S.C. 2302(a)(2)(A)(i)-(ix), including appointments, promotions,
disciplinary or corrective actions, details, transfers, reassignments,
reinstatements, restorations, reemployments, performance evaluations,
and decisions concerning pay, benefits, or awards.
The amended section 3303 provides for OPM to issue regulations
requiring agency heads to ensure that employees and applicants are
notified of its provisions. On February 22, 1994, OPM issued its
proposal to amend 5 CFR part 300 by adding a new subpart H which would
require agency heads to ensure that applicants and employees are
notified of the provisions of 5 U.S.C. 3303, as amended. OPM's proposal
also listed strategies for issuing notifications, but noted that the
list is not exclusive and gives agency officials the discretion to
consider and implement other means of notification.
OPM received comments from three Federal agencies and one Federal
employee organization about the proposed regulations. One Federal
agency commented that placing additional administrative requirements on
Federal agencies appears to be inconsistent with the intent of the
National Performance Review recommendations to streamline the Federal
government and reduce funding, spending, and reporting requirements.
The agency suggested that OPM explore other alternatives for complying
with the Reform Amendments, such as issuing instructions to agencies to
disregard political recommendations received incident to personnel
actions and to notify the alleged offenders accordingly.
The amended 5 U.S.C. 3303 provides that ``[u]nder regulations
prescribed by the Office of Personnel Management, the head of each
agency shall ensure that employees and applicants are given notice of
the provisions of this section.'' Section 3303, as amended, clearly
contemplates that OPM shall issue the specified regulations; it does
not give OPM any discretion to select an alternate method of requiring
agency heads to notify employees and applicants of the prohibition
against soliciting, making, receiving, or accepting political
recommendations. Therefore, OPM cannot adopt the suggestion to explore
other alternatives for complying with the regulatory mandate in 5
U.S.C. 3303, as amended. Moreover, OPM's regulations are consistent
with the spirit and intent of the National Performance Review
recommendations. In recognition of these recommendations, OPM has left
to each agency head the discretion to select the methods of
notification which most suit the needs of his or her own agency.
Subsection (h) of the amended section 3303 specifically provides
that the prohibition recommendations does not affect the right of an
employee under 5 U.S.C. 7211 to petition Congress. A second Federal
agency suggested that OPM provide examples in its regulations to show
what would be included or excluded under the statutory right to
petition Congress. OPM has already provided agencies with written
guidance on the amended section 3303, and will provide further guidance
should the need arise. Therefore, OPM believes it is not necessary to
include such examples in its regulations.
The third Federal agency suggested that OPM note in its regulations
that subsection (f)(2) of the amended section 3303 permits
recommendations which are based solely on the character of an employee
or applicant. OPM does not believe that it is necessary to include this
provision in its regulations because the provision already is stated in
the controlling statute. The agency further suggested that, in section
300.801 of the regulation, OPM replace the word ``effecting'' with
``affecting.'' OPM intended that Sec. 300.801 would relate to
``effecting'' or bringing about personnel actions, rather than to
``affecting'' or influencing such actions. Therefore, OPM does not
intend to revise the proposed Sec. 300.801 in the manner suggested.
Finally, one Federal employee organization commented that OPM's
regulatory proposal is fully supported by the applicable provisions of
law.
Section 3303, as amended, specifically authorizes OPM to promulgate
regulations requiring agency heads to ensure that employees and
applicants receive notice of its provisions. Therefore, OPM is amending
Part 300 by adding a new Subpart H-Notification Requirements Relating
to the Statutory Prohibitions on Political Recommendations in Personnel
Actions. Section 300.801 of the new Subpart H states that agency heads
must ensure that applicants and employees are notified of the
provisions of 5 U.S.C. 3303, as amended. Section 300.802 lists
strategies for issuing notifications, but also specifies that the list
is not exclusive and gives agency officials the discretion to consider
and implement other means of notification.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
relate to internal personnel matters within the Federal Government.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with E.O. 12866.
List of Subjects in 5 CFR Part 300
Freedom of information, Government employees, Reporting and
recordkeeping requirements, Selective Service System.
Office of Personnel Management.
James B. King,
Director.
Accordingly, the Office of Personnel Management is amending 5 CFR
Part 300 as follows:
PART 300--[AMENDED]
1. The authority citation is revised to read as follows:
Authority: 5 U.S.C. 552, 3301, and 3302; E.O. 10577, 3 CFR 1954-
1958 Comp., page 218, unless otherwise noted.
Secs. 300.101 through 300.104 also issued under 5 U.S.C. 7201,
7204, and 7701; E.O. 11478, 3 CFR 1966-1970 Comp., page 803.
Secs. 300.401 through 300.408 also issued under 5 U.S.C.
1302(c), 2301, and 2302.
Secs. 300.501 through 300.507 also issued under 5 U.S.C.
1103(a)(5).
Sec. 300.603 also issued under 5 U.S.C. 1104.
Secs. 300.801 through 300.802 issued under 5 U.S.C. 3303(e).
2. Subpart H is added to part 300 to read as follows:
Subpart H--Notification Requirements Relating to the Statutory
Prohibitions on Political Recommendations
Sec.
300.801 Notification of employees and applicants.
300.802 Methods of notification.
Subpart H--Notification Requirements Relating to the Statutory
Prohibitions on Political Recommendations
Sec. 300.801 Notification of employees and applicants.
The head of an agency, as defined in 5 U.S.C. 3303(a)(1), shall
ensure that employees of, and applicants for, employment with the
agency are notified of the provisions of 5 U.S.C. 3303 concerning
political recommendations in effecting personnel actions.
Sec. 300.802 Methods of notification.
Methods of notifying employees and applicants of these provisions
include, but are not limited to:
(a) Posters displayed in prominent places throughout the agency;
(b) Pamphlets for distribution to employees and applicants;
(c) Notices printed on vacancy announcements or posted on computer
bulletin boards; or
(d) Notices printed on application forms, examinations, or each
employment form used in connection with appointment actions.
[FR Doc. 94-31642 Filed 12-23-94; 8:45 am]
BILLING CODE 6325-01-M
