[Federal Register Volume 61, Number 56 (Thursday, March 21, 1996)]
[Rules and Regulations]
[Pages 11499-11501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6916]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 61, No. 56 / Thursday, March 21, 1996 / Rules
and Regulations
[[Page 11499]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 330, 333, and 335
RIN 3206-AH25
Agency Funding for Federal Employment Information
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing final
regulations requiring each agency to pay a fee for its share of the
cost of providing employment information through OPM to Federal
employees and the public. The regulations implement a permanent
statutory provision of Public Law 104-52, which authorizes OPM to
charge fees to agencies to pay the cost of providing Federal employment
information and related services. The fee for FY 96 will be based on
each agency's proportionate share of the Federal competitive service
workforce as of March 31, 1995, including all permanent and
nonpermanent employees.
EFFECTIVE DATE: March 21, 1996.
FOR FURTHER INFORMATION CONTACT:
Richard Whitford on 202-606-2525, TDD 202-606-0591, or FAX 202-606-
5049.
SUPPLEMENTARY INFORMATION: The Treasury, Postal Service, and General
Government Appropriations Act, 1996 (Pub. L. 104-52, November 19, 1995)
shifts the funding for the Federal employment information function from
OPM appropriations to a combination of OPM appropriations and fees for
services to be paid by agencies into OPM's revolving fund.
Employment Information
Under 5 U.S.C. 3327, agencies must notify OPM of (1) competitive
examinations and (2) vacancies in the competitive service and Senior
Executive Service for which the agency will consider applicants from
outside the Federal service. Under 5 U.S.C. 3330, agencies must notify
OPM of competitive service job announcements open to applicants outside
an agency's own workforce. Under both laws, OPM is responsible for
disseminating the information to the public.
Agencies also are required by the Interagency Career Transition
Assistance Plan for Displaced Employees in 5 CFR part 330 (60 FR 67281,
December 29, 1995) to notify OPM of competitive service vacancies open
to candidates outside an agency's workforce, including temporary
vacancies lasting 90 days or more. OPM makes this information available
to assist displaced employees in finding employment. The Plan
implemented, in part, the President's memorandum of September 12, 1995,
entitled ``Career Transition Assistance for Federal Employees.''
In addition to carrying out the obligations discussed above, OPM
provides employment information to support outplacement services of
agency career transition centers. OPM also responds to a large volume
of inquiries from the public, Federal employees, Congressional offices,
and others on a broad range of employment topics.
Public Law 104-52 amended 5 U.S.C. 3330, which addresses
competitive service announcements, to authorize OPM to charge fees to
agencies to pay the cost of providing services under section 3330 and
for related Federal employment information.
Proposed Regulations and Comments
On January 8, 1996, OPM issued proposed regulations at 61 FR 546 to
implement the new funding arrangement. We proposed that fees for FY 96
be based on each agency's proportionate share of the Federal
competitive service workforce as of March 31, 1995, including all
permanent and nonpermanent employees. We received written comments from
five agencies.
One agency disagreed with the proposal to base fees on each
agency's proportionate share of competitive service employees and
suggested that fees be based on the number of inquiries handled
annually. The commenter believes the OPM proposal would cause smaller
agencies to subsidize larger agencies that use the OPM services more
frequently.
OPM believes that a fee based on employment levels is fair. Such a
funding mechanism reflects the centralized recruitment benefits to an
agency, employment services to its employees, and dissemination of
information and responses to a high volume of inquiries to the general
public that otherwise would go to individual agencies.
OPM can identify the number of inquiries handled through its
employment information system but not the source of contacts nor the
agencies of interest to individual job seekers. Furthermore, there is
no evidence that larger agencies make relatively greater use of OPM's
employment information system than smaller agencies do.
Three agencies disagreed with the use of employment levels as of
March 31, 1995, and suggested, respectively, mid-September 1995,
October 31, 1995, or March 31, 1996, as more appropriate for the period
in which services are provided. OPM has retained March 31, 1995. If
future agency fees are based on employment levels, OPM will need to
notify agencies of their share by the third quarter of the fiscal year
preceding the one in which the fee is due to allow for agency budget
planning. Employment levels will be taken from OPM's Central Personnel
Data File (CPDF). Because agencies transmit personnel actions to CPDF
on a quarterly basis, the most recent available data will be as of
March 31, of each year.
An official from a component of a department commented that fees
based on employment levels as of March 31 would not be appropriate for
his organization because in a recent reorganization a considerable
number of employees were transferred to a different component. OPM will
notify each agency/department headquarters of its total agency fee
(unless an agency requests otherwise). How the total fee is assessed
among the components will be an internal matter for each agency.
One agency recommended that assessment be waived for any agency
that does not have an appropriation for the current year. While we
understand the concerns of agencies under a continuing resolution, we
do not believe an exemption would be equitable to
[[Page 11500]]
other agencies--which also may be operating under a reduced
appropriation.
Another agency suggested that it be given the option of using
either OPM employment information services or developing its own
recruitment and outreach programs. The OPM employment information
function complements individual agency recruitment programs. However,
agencies do not have an option under 5 U.S. 3327 and 3330; they are
required to report examinations and vacancies to OPM. Nor does OPM have
an option. The law requires OPM to disseminate employment information
to the public, and Congress has made clear through Public Law 104-52
that agencies are to share in the funding of that responsibility.
The Administration and Congress clearly favor a single job
information system over multiple agency-based systems. Beginning with
National Performance Review recommendations to the President's
initiative on career transition assistance and recent amendments to
title 5, U.S.C, the support for an interagency information system has
been clear and consistent. Thus, as agencies undergo downsizing and
restructuring, a major consideration should be the appropriateness and
cost-effectiveness of developing or operating duplicative employment
information systems. Agencies also should note that adjustments to
personnel reductions may be eased through more effective use of the
Federal Employment Information System. Agencies may take the following
steps:
Refer inquiries about vacancies and employment that can be
handled by OPM's automated Governmentwide employment information system
directly to it, such as requests for job announcements and application
materials.
Make a single entry of vacancies to the Federal Employment
Information System instead of mailing hard copy announcements to
multiple recruiting points or third-party providers, or using paid
advertising.
When entering jobs into the database, make maximum use of
the ``remarks'' section of the job record to provide information and
minimize job seekers' follow-up calls to the personnel office. Also, to
further minimize the number of inquiries to agencies and reduce
personnel office workload, OPM will provide job announcements directly
to job seekers (from electronic files of job announcements agencies
transmit to OPM).
OPM recognizes that not every agency is prepared at present to
provide electronic files of job announcements. We plan to work with
those agencies during a transition period in which we will continue to
provide entry assistance. In light of the benefits that will accrue to
agencies through electronic transmission, our goal is that they acquire
the necessary capability and assume the data entry and vacancy
announcement uploading functions by May 1, 1996.
One agency commented that the proposal removes agency flexibility
to determine how best to notify State employment offices of
examinations/vacancies, and that agency discretion be restored because
agency funds are affected. Section 3327 of title 5, U.S.C., requires
OPM to make this information available to State Employment Service
offices. Since 1989, OPM has met this statutory requirement through
regular electronic reports of job listings in the Federal Employment
Information System to America's Job Bank, a Department of Labor funded
organization that disseminates vacancy information to State Employment
Service offices. Agencies need take no further action. Any attempt to
delete selected agency data, as proposed, would have an adverse impact
on this cost-effective approach as it now operates.
A competitive service agency suggested that excepted service
agencies also be assessed for their fair share because they too benefit
from the system. OPM lacks legal authority to assess excepted agencies
because 5 U.S.C. 3327 and 3330 do not cover excepted positions.
Final Regulations
OPM is adopting the regulations as proposed with only minor
editorial changes. The fee for FY 96 will be based on each agency's
proportionate share of the Federal competitive service workforce as of
March 31, 1995, including all permanent and nonpermanent employees. OPM
has been appropriated $2.5 million for the employment information
function in FY 96. The balance to be collected through agency fees is
$2.8 million. OPM will bill at the agency headquarters level to
minimize billing and accounting unless we hear otherwise from an
agency.
Concerning future years, OPM will soon establish a working group of
the Interagency Advisory Group, consisting of officials from
representative agencies and OPM, to review the level, quality and costs
of information services provided and make recommendations for improving
efficiency and effectiveness. All agencies will have the opportunity,
through the Interagency Advisory Group, to discuss and comment on
recommendations of the working group prior to implementation.
OPM will regularly report to agencies the information it collects
regarding customer satisfaction and complaints. OPM also will notify
each agency annually of the costs of the services, its obligation and
of payment procedures.
The final regulations also consolidate the public notice
requirements for competitive service positions in parts 330, 333, and
335.
Waiver of Delay in Effective Date
Pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists to
waive the delay in effective date and make these regulations effective
in less than 30 days. The statutory basis for these regulations (Pub.
L. 104-52) was effective on November 19, 1995, and OPM's reduced FY 96
appropriations will not allow it to continue the employment information
function without reimbursement from agencies. It would be contrary to
the public interest and impracticable to delay implementation.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it pertains
only to 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 330
Armed forces reserves, Government employees.
List of Subjects in 5 CFR Parts 333 and 335
Government employees.
U.S. Office of Personnel Management.
James B. King,
Director.
Accordingly, OPM is amending 5 CFR parts 330, 333, and 335, as
follows:
PART 330--RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)
1. The authority citation for part 330 is revised to read as
follows:
Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR, 1954-58
Comp., p. 218.
Section 330.102 also issued under 5 U.S.C. 3327 and 3330.
[[Page 11501]]
Subpart B also issued under 5 U.S.C. 3315 and 8151.
Section 330.401 also issued under 5 U.S.C. 3310.
Subpart H also issued under 5 U.S.C. 8337(h) and 8457(b).
Subpart I also issued under 106 Stat. 2720, 5 U.S.C. 3301 note.
2. Section 330.102 is revised, to read as follows:
Sec. 330.102 Federal employment information.
(a) Vacancies open to the public. (1) Notice required--(i) Under 5
U.S.C. 3327, Federal agencies must notify OPM promptly of:
(A) Open competitive examinations;
(B) Vacancies in the competitive service to be filled under direct
hire procedures or part 333 of this chapter; and
(C) Vacancies in the Senior Executive Service for which the agency
seeks applications from persons outside the Federal service. Also, in
accordance with Sec. 317.501(b)(2) of this chapter, agencies must
notify OPM of all Senior Executive Service vacancies to be filled by
initial career appointment.
(ii) OPM will provide this information to the employment offices of
the United States Employment Service.
(2) Agencies covered. Paragraph (a)(1) of this section applies to:
(i) The executive departments listed at 5 U.S.C. 101;
(ii) The military departments listed at 5 U.S.C. 102;
(iii) Government owned corporations in the executive branch as
described at 5 U.S.C. 103;
(iv) Independent establishments in the executive branch as
described at 5 U.S.C. 104, including the Nuclear Regulatory Commission;
and
(v) Government Printing Office.
(b) All other vacancies--(1) Notice required. Under 5 U.S.C. 3330,
OPM must maintain, and make available to the public, a list of agency
vacancy announcements for positions in the competitive service. Under
Sec. 330.706 of this chapter, agencies must notify OPM promptly of
competitive service vacancies to be filled for more than 90 days when
the agency will accept applications from individuals outside the
agency's own work force.
(2) Agencies covered. Except for any executive agency or unit
thereof whose principal function is the conduct of foreign intelligence
or counterintelligence activities, as determined by the President,
paragraph (b)(1) of this section applies to:
(i) The executive departments listed at 5 U.S.C. 101;
(ii) The military departments listed at 5 U.S.C. 102;
(iii) Government corporations in the executive branch as described
at 5 U.S.C. 103; and
(iv) Independent establishments in the executive branch as
described at 5 U.S.C. 104.
(c) Funding. Under 5 U.S.C. 3330(f), OPM is authorized to charge
fees to agencies for their share of the cost of providing employment
information to the public and to Federal employees. OPM will work with
agencies to review the effectiveness and efficiency of the Federal
Employment Information System in meeting Federal agency and public
needs and identify improvements to the system, consistent with the
minimum level of service and statutory requirements. Subsequently, OPM
will annually compute the cost of providing employment information and
notify each agency of its share, along with a full accounting of the
costs, and payment procedures.
PART 333--RECRUITMENT AND SELECTION FOR TEMPORARY AND TERM
APPOINTMENTS OUTSIDE THE REGISTER
3. The authority citation for part 333 is revised to read as
follows:
Authority: 5 U.S.C. 1302, 3301, 3302, 3327, 3330; E.O. 10577, 3
CFR 1954-58 Comp., p. 218; section 333.203 also issued under 5
U.S.C. 1104.
4. Section 333.102 is revised to read as follows:
Sec. 333.102 Notice of job announcements to OPM.
Under 5 U.S.C. 3327 and 3330, agencies are required to report job
announcements to OPM when recruiting outside the register. This
requirement is implemented through Sec. 330.102 of this chapter.
PART 335--PROMOTION AND INTERNAL PLACEMENT
5. The authority citation for part 335 is revised to read as
follows:
Authority: 5 U.S.C. 3301, 3302, 3330; E.O. 10577, 3 CFR 1957-58
Comp., p. 218.
6. Section 335.105 is revised to read as follows:
Sec. 335.105 Notice of job announcements to OPM.
Under 5 U.S.C. 3330, agencies are required to report job
announcements to OPM for vacancies for which an agency will accept
applications from outside the agency's work force. This requirement is
implemented through Sec. 330.102 of this chapter.
[FR Doc. 96-6916 Filed 3-21-96; 8:45 am]
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