[Federal Register Volume 60, Number 129 (Thursday, July 6, 1995)]
[Rules and Regulations]
[Pages 35119-35120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16545]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 213 and 316
RIN 3206-AF56
Temporary Schedule C Positions
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is amending its
regulations which permit agencies to establish temporary Schedule C
positions in order to assist a department or agency head during the
period immediately following a change in presidential administration,
when a new department or agency head has entered on duty, or when a new
department or agency is created. To simplify the Schedule C appointment
process, OPM is combining two separate, temporary Schedule C
authorities into a single transitional appointing authority, and is
setting a new overall limit on the number of new positions agencies may
establish.
EFFECTIVE DATE: August 7, 1995.
FOR FURTHER INFORMATION CONTACT: Sylvia Cole, (202) 606-0950, or fax
(202) 606-0390.
SUPPLEMENTARY INFORMATION: On December 7, 1994 (59 FR 63064), OPM
published proposed regulations to merge the Identical Temporary
Schedule C (ITC) and New Temporary Schedule C (NTC) authorities into a
single temporary transitional authority. Agencies could use this
authority without prior OPM approval for up to a year after a
Presidential transition or a new agency head came on board, and
individual appointments could be made for up to 120 days, with one
extension for an additional 120 days.
In addition, OPM proposed to revise the overall limit on the number
of positions an agency could establish to either 50 percent of the
highest number of permanent Schedule C positions filled by that agency
at any time over the previous 5 years, or three positions, whichever is
higher.
The proposed regulations also codified a requirement in law on the
detailing of Schedule C incumbents to the White House, and contained a
conforming amendment to part 316, Sec. 316.403, pertaining to
provisional appointments, to change the terminology of ITC and NTC
appointments to temporary transitional.
We received comments from one Federal agency that was in favor of
establishing a single transitional authority, but felt the agency quota
of new positions should be increased or eliminated to reduce potential
delays in filling critical positions. The agency suggested that this
decision should be delegated to the head of each agency. We did not
adopt this suggestion. The quota is designed to permit agencies to
bring a reasonable number of Schedule C appointees on board during
transition periods when OPM may not be able to process agency requests
in a timely manner. Not all Schedule C positions are critical.
Therefore, the quota of 50 percent of the highest number of permanent
Schedule C positions filled at any time over the previous 5 years
should meet the needs of most agencies. However, we recognize there may
be extenuating circumstances in individual cases, and have included a
provision under which OPM may approve increases in the quota to meet
critical needs or in unusual circumstances.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities (including
small businesses, small organizational units, and small governmental
jurisdictions) because they apply only to Federal employees.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
[[Page 35120]]
List of Subjects
5 CFR Part 213
Government employees, Reporting and recordkeeping requirements.
5 CFR Part 316
Government employees.
Office of Personnel Management,
James B. King,
Director.
Accordingly, OPM is amending 5 CFR part 213 as follows:
PART 213--EXCEPTED SERVICE
1. The authority citation for part 213 continues to read as
follows:
Authority: 5 U.S.C. 3301 and 3302, E.O. 10577, 3 CFR 1954-1958
Comp., p. 218; section 213.101 also issued under 5 U.S.C. 2103;
section 213.3102 also issued under 5 U.S.C. 3301, 3302, 3307,
8337(h) and 8456; E.O. 12364, 47 FR 22931, 3 CFR 1982 Comp., p. 185.
2. Section 213.3301 is revised and Sec. 213.3301b is removed to
read as follows:
Sec. 213.3301 Positions of a confidential or policy-determining
nature.
(a) Upon specific authorization by OPM, agencies may make
appointments under this section to positions which are policy-
determining or which involve a close and confidential working
relationship with the head of an agency or other key appointed
officials. Positions filled under this authority are excepted from the
competitive service and constitute Schedule C. Each position will be
assigned a number from Sec. 213.3302 to Sec. 213.3999, or other
appropriate number, to be used by the agency in recording appointments
made under that authorization.
(b) When requesting Schedule C exception, agencies must submit to
OPM a statement signed by the agency head certifying that the position
was not created solely or primarily for the purpose of detailing the
incumbent to the White House.
(c) The exception from the competitive service for each position
listed in Schedule C by OPM is revoked immediately upon the position
becoming vacant. An agency shall notify OPM within 3 working days after
a Schedule C position has been vacated.
3. Section 213.3302 is revised to read as follows:
Sec. 213.3302 Temporary transitional Schedule C positions.
(a) An agency may establish temporary transitional Schedule C
positions necessary to assist a department or agency head during the 1-
year period immediately following a change in presidential
administration, when a new department or agency head has entered on
duty, or when a new department or agency is created. These positions
may be established only to meet legitimate needs of the agency in
carrying out its mission during the period of transition associated
with such changeovers. They must be of a confidential or policy-
determining character and are subject to instructions issued by OPM.
(b) The number of temporary transitional Schedule C positions
established by an agency cannot exceed either 50 percent of the highest
number of permanent Schedule C positions filled by that agency at any
time over the previous 5 years, or three positions, whichever is
higher. In the event a new department or agency is created, the number
of temporary transitional positions should reasonable in light of the
size and program responsibility of that department or agency. OPM may
approve an increase in an agency's quota to meet a critical need or in
unusual circumstances.
(c) Individual appointments under this authority may be made for
120 days, with one extension of an additional 120 days. They may be
deemed provisional appointments for purposes of the regulations set out
in parts 351, 831, 842, 870, and 890 of this chapter if they meet the
criteria set out in Secs. 316.401 and 316.403 of this chapter.
(d) An agency shall notify OPM within 5 working days after a
temporary transitional Schedule C position has been encumbered and
within 3 working days when it has been vacated. The agency must also
submit to OPM a statement signed by the agency head certifying that the
position was not created solely or primarily for the purpose of
detailing the incumbent to the White House.
PART 316--TEMPORARY AND TERM EMPLOYMENT
4. The authority citation for part 316 continues to read as
follows:
Authority: 5 U.S.C. 3301, 3302, and E.O. 10577 (3 CFR 1954-1958
Comp., p.218); section 316.302 also issued under 5 U.S.C. 3304(c),
38 U.S.C. 2014, and E.O. 12362, as revised by E.O. 12585; section
316.402 also issued under 5 U.S.C. 3304(c) and 3312, 22 U.S.C. 2506
(93 Stat. 371), E.O. 12137, 38 U.S.C. 2014 and E.O. 12362, as
revised by E.O. 12585 and E.O. 12721.
5. In section 316.403, paragraph (b)(3) is revised to read as
follows:
Sec. 316.403 Designation of provisional appointments.
* * * * *
(b) * * *
(3) Temporary transitional Schedule C appointments made under
Sec. 213.3302 of this chapter, when the appointees are to be converted
to nontemporary Schedule C appointments upon OPM approval and
completion of necessary clearances.
* * * * *
[FR Doc. 95-16545 Filed 7-5-95; 8:45 am]
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