[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Rules and Regulations]
[Page 23125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11058]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 62, No. 82 / Tuesday, April 29, 1997 / Rules
and Regulations
[[Page 23125]]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR PART 300
RIN 3206-AH71
Employment (General)
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing a final
rule to remove the requirements for agency heads to ensure that
employees and applicants for employment at their agencies are notified
of provisions enacted in the Hatch Act Reform Amendments of 1993
(Reform Amendments). This act prohibited individuals from requesting,
making, transmitting, accepting, or considering political
recommendations in effecting personnel actions and has been superseded
by an amendment to the Reform Amendments.
EFFECTIVE DATE: May 29, 1997.
FOR FURTHER INFORMATION CONTACT: Jo-Ann Chabot, (202) 606-1700.
SUPPLEMENTARY INFORMATION: Pursuant to section 553(b)(3)(B) of title 5,
United States Code, the Director finds that good cause exists for
waiving the general notice of proposed rulemaking. The notice is being
waived because the OPM regulation at subpart H of 5 CFR part 300 has
been superseded by statute, i.e., section 315 of Public Law 104-197.
The Reform Amendments covered both the excepted service and career
Senior Executive Service as well as the competitive service. Under the
Reform Amendments, employees and applicants were prohibited from
soliciting or requesting political recommendations, and agency
officials were prohibited from soliciting, requesting, considering or
accepting such recommendations. Senators, congressmen, congressional
employees, elected State and local officials, political party
officials, and other individuals or organizations also were prohibited
from making or transmitting political recommendations. The Reform
Amendments required agency officials who received political
recommendations to return the recommendations to the persons who sent
them, with a notation stating that the recommendations violated the
Reform Amendments' prohibition against political recommendations.
Under the Reform Amendments, the prohibition against political
recommendations extended to all of the personnel actions described in 5
U.S.C. 2302(a)(2)(A)(I)-(ix), including appointments, promotions,
disciplinary or corrective actions, details, transfers, reassignments,
reinstatements, restorations, reemployment, performance evaluations,
and decisions concerning pay, benefits, or awards. Finally, the Reform
Amendments directed OPM to promulgate regulations requiring agency
heads to ensure that employees and applicants received notice of the
prohibitions against political recommendations.
Congress enacted section 315 of Public Law 104-197 on September 16,
1996, and it became effective on October 16, 1996. Section 315 amended
5 U.S.C. 3303 by limiting its application to examinations for, or
appointments to, positions in the competitive service. It further
amended section 3303 by prohibiting examining and appointing officials
from accepting or considering congressional recommendations of
applicants except for recommendations about an applicant's character or
residence.
Section 315 also amended 5 U.S.C. 2302(b)(2) by making it a
prohibited personnel practice to solicit or consider recommendations or
statements regarding individuals who request, or are under
consideration for, any personnel action. The amended section
2302(b)(2), however, permits recommendations or statements based on the
personal knowledge or records of the person furnishing them, and
consisting of an evaluation of the work performance, ability, aptitude,
general qualifications, character, loyalty, or suitability of an
individual. Finally, section 315 does not direct OPM to issue
regulations requiring agency heads to ensure that employees and
applicants receive notice of its provisions. Because section 315 of
Public Law 104-197 clearly supersedes the OPM regulation at subpart H
of 5 CFR part 300, OPM is removing subpart H from the regulation.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that this regulation would not have a significant
economic impact on a substantial number of small entities because it
would apply only to Federal agencies and employees.
List of Subjects in 5 CFR Part 300
Freedom of Information, Government employees, Reporting and record
keeping requirements, Selective Service System.
U.S. 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.
Subpart H--[Removed]
2. Subpart H is removed.
[FR Doc. 97-11058 Filed 4-28-97; 8:45 am]
BILLING CODE 6325-01-M
