[Federal Register Volume 59, Number 114 (Wednesday, June 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14519]
[[Page Unknown]]
[Federal Register: June 15, 1994]
VOL. 59, NO. 114
Wednesday, June 15, 1994
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 300
RIN 3206-AG06
Time-In-Grade Rule Eliminated
AGENCY: Office of Personnel Management.
ACTION: Proposed rulemaking.
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SUMMARY: The Office of Personnel Management (OPM) is proposing to
abolish the time-in-grade restriction on advancement to positions in
the General Schedule. This proposal would implement recommendations of
the President's National Performance Review and National Partnership
Council. Abolishment of the restriction would eliminate the 1-year
service requirement for promotions (but employees would have to meet
qualification requirements).
DATES: Written comments will be considered if received no later than
July 15, 1994.
ADDRESSES: Send or deliver written comments to Leonard R. Klein,
Associate Director for Career Entry, Office of Personnel Management,
room 6F08, 1900 E Street, NW., Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT: Leota Shelkey Edwards on 202-606-0830
(FAX 202-606-2329).
SUPPLEMENTARY INFORMATION: Since the early 1950's, Federal employees in
General Schedule positions at GS-5 and above have been required to
serve at least 1 year in grade before being promoted. The restriction
originated in statute with the ``Whitten Amendment,'' a series of
controls on expansion of the Federal work force during the Korean
conflict. The intent of the restriction was to prevent excessively
rapid promotions. Since expiration of the Whitten Amendment in 1978,
OPM has continued the time-in-grade restriction in regulation but
limited its application to General Schedule positions in the
competitive service.
In its report From Red Tape to Results: Creating a Government That
Works Better & Costs Less, the National Performance Review (NPR)
recommended abolishing the time-in-grade restriction. The restriction
can limit open competition by eliminating candidates who have the
proven ability to perform the duties of higher grade positions, but
have not served at least one year in lower graded Government positions.
The National Partnership Council, established by Executive Order
12871 of October 1, 1993, was responsible for developing legislative
proposals for the President to implement the NPR recommendations. The
Council, too, recommended abolishing the time-in-grade restriction (see
A Report to the President on Implementing Recommendations of the
National Performance Review by the National Partnership Council,
January 1994). The Council further recommended that, as a condition of
employment, the current time-in-grade requirement remain in effect for
bargaining unit employees until the parties agree to modify it through
either consensus or collective bargaining.
This document proposes to implement the NPR and Council
recommendations and abolish the time-in-grade restriction. Eliminating
the restriction would mean that employees' promotion eligibility will
be based on their meeting qualification requirements. Also, agencies no
longer would need OPM approval of training agreements that provide for
consecutive accelerated promotions, as discussed in former Federal
Personnel Manual subchapter 7, chapter 338 (provisionally retained
through December 31, 1994, in the FPM Sunset Document.)
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because if affects
only certain Federal employees.
List of Subjects in 5 CFR Part 300
Government employees, Personnel Management Office.
Office of Personnel Management.
James B. King,
Director.
Accordingly, OPM proposes to amend 5 CFR Part 300, as follows:
PART 300--EMPLOYMENT (GENERAL)
The authority citation for part 300 is revised to read as follows:
Authority: 5 U.S.C. secs. 552, 3301, 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. secs.
7201, 7204, 7701; E.O. 11478, 3 CFR, 1966-1970 Comp., page 803.
Secs. 300.401 through 300.408 also issued under 5 U.S.C. secs.
1302(c), 2301, and 2302.
Secs. 300.501 through 300.507 also issued under 5 U.S.C.
1103(a)(5).
Subpart F--[Removal and Reserved]
2. In Part 300, Subpart F, consisting of Secs. 300.601 through
300.606, is removed and reserved.
[FR Doc 94-14519 Filed 6-14-94; 8:45 am]
BILLING CODE 6325-01-M
