[Federal Register Volume 59, Number 35 (Tuesday, February 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3764]
[[Page Unknown]]
[Federal Register: February 22, 1994]
VOL. 59, NO. 35
Tuesday, February 22, 1994
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 300
RIN 3206-AF80
Employment (General)
AGENCY: Office of Personnel Management.
ACTION: Proposed rule.
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SUMMARY: The Office of Personnel Management (OPM) proposes to amend its
regulations to reflect that agency heads must ensure that employees and
applicants for employment at their agencies are notified of the
recently enacted 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.
DATES: Comments must be received on or before April 25, 1994.
ADDRESSES: Comments may be mailed to Lorraine Lewis, General Counsel,
Office of Personnel Management, room 7355, 1900 E Street NW.,
Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT: Jo-Ann Chabot or Gail Goldberg, (202)
606-1700.
SUPPLEMENTARY INFORMATION: In the Hatch Act Reform Amendments of 1993,
Public Law 103-94, Congress amended section 3303 of title 5, United
States Code, to expand and strengthen the existing prohibition against
political recommendations, i.e., recommendations based on party
affiliation, in examinations and appointments. Section 3303 originally
applied to examination for, or appointment to, positions in the
competitive service. It prohibited examining and appointing officials
from accepting or considering congressional recommendations of
applicants, except for recommendations about their character or
residence.
Section 3303, as amended, expands the scope of the prohibition by
including employees as well as applicants, and covering the excepted
service and career Senior Executive Service as well as the competitive
service. Although section 3303 still prohibits agency officials from
considering or accepting political recommendations, it also prohibits
them from soliciting and requesting these recommendations. It further
specifies that an agency official who receives a political
recommendation must return the recommendation to the person who sent it
with a notation that the recommendation violates section 3303.
The previous version of the law focused its prohibition on agency
officials, and did not prohibit Senators and Congressmen from making
recommendations. The amended version prohibits Senators, Congressmen,
congressional employees, elected State and local officials, political
party officials, and other individuals or organizations from making or
transmitting political recommendations. It also prohibits employees and
applicants from soliciting or requesting political recommendations, and
prohibits agency officials from soliciting, requesting, considering or
accepting such recommendations.
Where the previous law was limited to examinations and
appointments, the amended version includes personnel actions as well.
Section 3303, as amended, 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 version permits agencies and agency officials to
consider statements of recommendation under limited, narrowly drawn
circumstances. Recommendations may be considered if they result from an
agency request and consist solely of an evaluation of the work
performance, ability, aptitude, and general qualifications of the
employee or applicant, or if they relate solely to the character and
residence of an individual. Recommendations consisting of statements
requested by authorized Government officials to determine whether an
individual meets security or suitability standards, or furnished under
a law or regulation authorizing consideration of the statement with
respect to a specific category of positions also are permitted.
Where section 3303 previously did not provide for remedial action
for violations, it now authorizes agencies to take adverse action to
enforce its provisions. Moreover, the amended version specifies that
violations of its prohibitions are prohibited personnel practices.
Finally, the United States Postal Service is excluded from the amended
version because it is subject to similar requirements in 39 U.S.C.
1002.
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 proposes to
amend 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 it 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.
List of Subjects in 5 CFR Part 300
Freedom of information, Government employees, Reporting and
recordkeeping requirements, Selective Service System.
U.S. Office of Personnel Management.
Lorraine A. Green,
Deputy Director.
Accordingly, the Office of Personnel Management proposes to amend 5
CFR part 300 as follows:
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 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. 94-3764 Filed 2-18-94; 8:45 am]
BILLING CODE 6325-01-M
