96-3122. Promotion and Internal Placement; Accelerated Qualifications  

  • [Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
    [Proposed Rules]
    [Pages 6324-6328]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-3122]
    
    
    
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    Proposed Rules
                                                    Federal Register
    ________________________________________________________________________
    
    This section of the FEDERAL REGISTER contains notices to the public of 
    the proposed issuance of rules and regulations. The purpose of these 
    notices is to give interested persons an opportunity to participate in 
    the rule making prior to the adoption of the final rules.
    
    ========================================================================
    
    
    Federal Register / Vol. 61, No. 34 / Tuesday, February 20, 1996 / 
    Proposed Rules
    
    [[Page 6324]]
    
    
    OFFICE OF PERSONNEL MANAGEMENT
    
    5 CFR Parts 316, 335, and 338
    
    RIN 3206-AG19
    
    
    Promotion and Internal Placement; Accelerated Qualifications
    
    AGENCY: Office of Personnel Management.
    
    ACTION: Proposed rulemaking.
    
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    SUMMARY: The Office of Personnel Management (OPM) proposes to revise 
    the Federal merit promotion program to give agencies greater 
    flexibility to design internal merit selection procedures consistent 
    with merit principles and other applicable laws, to assign employees to 
    other positions appropriate to the appointments, and to utilize 
    intensive training programs for employees to acquire qualifications at 
    an accelerated rate. These changes are consistent with recommendations 
    of the National Performance Review.
    
    DATES: Comments must be submitted on or before April 22, 1996.
    
    ADDRESSES: Send or deliver written comments to Leonard R. Klein, 
    Associate Director of Employment, Office of Personnel Management, Room 
    6F08, 1900 E Street NW., Washington, DC 20415 (FAX 202-606-2329).
    
    FOR FURTHER INFORMATION CONTACT:
    Lee Edwards on 202-606-0830, TDD 202-606-0023, or FAX 202-606-2329.
    
    SUPPLEMENTARY INFORMATION: The National Performance Review (NPR) 
    recommended changes in the way the Government operates. Consistent with 
    the NPR recommendations, these proposals would streamline regulations 
    to give agencies more authority to design internal merit selection 
    procedures (merit promotion plans), assign employees to other 
    positions, and utilize intensive training programs for employees to 
    acquire qualifications at an accelerated rate. These proposals would 
    revise the current merit promotion program requirements in 5 CFR part 
    335 published in the Federal Register on December 29, 1994 (59 FR 
    67121) and effective on January 1, 1995.
    
    Merit Promotion Program
    
        A continuing thread throughout the history of the merit promotion 
    program has been the balancing of merit considerations and uniformity 
    with agency need for flexibility to tailor programs to meet their 
    organizational needs. Up to the 1950's, agencies could promote any 
    employee who met minimum qualification standards. In 1950, agencies 
    received a set of basic principles to observe in their promotion 
    programs but still retained much latitude.
        In 1959, the first real Federal Merit Promotion Program was 
    established in response to employee, Presidential, and Congressional 
    concerns over the limited use of systematic means of selection. For the 
    first time, agencies were required to have specific promotion plans for 
    the systematic and competitive consideration of employees for 
    promotion. But the program continued to give agencies the flexibility 
    to design programs to meet their needs.
        In 1969, the program underwent a major revision to assure equitable 
    consideration of qualified employees and selection of the most able, 
    and to strengthen employee confidence in the fairness of the program. 
    At that point, very detailed requirements were introduced concerning 
    such matters as areas of consideration, methods of locating candidates, 
    use of supervisory performance appraisals, evaluation methods to 
    determine the best-qualified candidates, limits on use of written 
    tests, limits on the number of best-qualified candidates that could be 
    referred for selection, and training requirements for new supervisors.
        In 1973, OPM began the process of easing back on such detailed 
    requirements by providing more room for collective bargaining. Then in 
    1979, agencies were given broad authority to develop, negotiate, and 
    manage their own promotion programs. Adoption of the revised program 
    coincided with implementation of the Civil Service Reform Act of 1978, 
    which expanded delegation of personnel authority to agencies and 
    broadened the scope of collective bargaining. In this current proposal, 
    OPM would continue to move in the same direction by further relaxing 
    OPM detailed requirements but emphasizing the statutory platform 
    underpinning agency merit staffing programs.
        Several of the earlier program revisions were undertaken to 
    emphasize the need for open competition and selection from among the 
    best-qualified applicants. Those same principles are at the heart of 
    this proposal, with the intent to foster and environment in which 
    agencies feel free to develop different approaches to satisfy these 
    merit considerations. Whether justified or not, some agencies feel 
    OPM's guidance has boxed them into a set way of filling positions. The 
    process has created delays in filling jobs and often is very labor and 
    paper intensive, resulting in a lack of confidence in the system by 
    both managers and employees.
        While speed and efficiency in filling positions are critical to 
    effective operations, the process must also be in accord with merit 
    principles. One suggestion has been to allow managers to promote their 
    ``logical'' candidates or anyone having an exceptional performance 
    rating and dispense with open competition and comparison with other 
    candidates. Not only does that proposal conflict with merit principles, 
    but it is the very type of action that led to widespread complaints and 
    subsequent adoption of the first set of program requirements in 1959.
        This proposal is not intended to return agencies to the loose 
    policies of that earlier era nor to sacrifice principles of merit and 
    open competition. Instead, by eliminating most OPM operational 
    requirements, we hope to encourage agencies to be more creative in 
    developing legal practices appropriate to their unique needs, resulting 
    in more timely promotions and greater confidence of managers and 
    employees that deserving employees are promoted. Agencies, for example, 
    could design their programs around unique needs, try different 
    evaluation techniques, use automated systems, use a variety of ways to 
    satisfy open competition, and involve managers in the process more. 
    Furthermore, while some problems with the system are due to OPM 
    requirements, others flow from agency rules. OPM hopes that this 
    proposal would also generate agency initiatives to review and eliminate 
    procedural burdens unrelated to merit and open competition.
    
    [[Page 6325]]
    
        Following is a discussion of each proposed regulation section.
    
    Section 335.102
    
        Agencies must continue to adopt promotion plans that provide for 
    systematic and competitive selection from among the best-qualified 
    candidates, based on job-related criteria, after fair and open 
    competition. Agencies would consult or negotiate, as appropriate, with 
    employees and unions in developing policies and practices that are 
    accepted as fair and result in selections of the best-qualified 
    candidates.
        The foundation of agency promotion plans would be existing laws. 
    Some of the major laws are:.
    
    --Merit system principles, which include equal employment opportunity 
    (5 U.S.C. 2301).
    --Prohibited personnel practices (5 U.S.C. 2302).
    --Reporting of certain job announcements to OPM (5 U.S.C. 3329) as 
    implemented by 5 CFR 335.105.
    --Consideration of employees absent because of military duty (38 U.S.C. 
    chapter 43), compensable injury that does not exceed 1 year (5 U.S.C. 
    8151), or service with international organizations (5 U.S.C. 3582).
    --Due weight for incentive awards (5 U.S.C. 3362).
    --Results of performance appraisals (5 U.S.C. 4302).
    --Minimum qualification requirements (5 U.S.C. 5105 and 16 U.S.C. 470h-
    4).
    --Management's right to select or not select from among properly ranked 
    and certified candidates and to select from other appropriate sources 
    of candidates (5 U.S.C. 7106 and 5 CFR 7.1).
    --Employment practices (including job analysis) and antidiscrimination 
    policy (5 U.S.C. 7201-7204) as implemented by 5 CFR Part 300, Subpart 
    A, and Part 720.
    
        These laws are incorporated into a framework of seven requirements 
    contained in revised Sec. 335.102
        Requirement 1 would require agencies to adopt merit staffing plans 
    for selecting employees for advancement based solely on relative 
    ability, knowledge, and skills after fair and open competition which 
    assures that all receive equal opportunity. Agencies would be required 
    to assure that promotion practices conform to the merit system 
    principles. Agency accountability mechanisms, as recommended by the 
    NPR, would appropriately contain a human resource management 
    accountability component, including actions under merit staffing plans. 
    To assist agencies in this effort, OPM is offering agencies training in 
    the merit system principles and assistance in refocusing their 
    accountability efforts on the principles.
        Requirement 2 deals with competition requirements. At present, part 
    335 lists promotions and six other actions that must be competitive and 
    six actions that agencies may except from competition. Over the last 
    several years, OPM made several changes in these exceptions. For 
    example, employees who accept voluntary downgrades are no longer 
    required by OPM rules to compete to regain their former grade levels. 
    Many employees are being encouraged to change jobs voluntarily to avoid 
    reduction in force situations, and this change eliminated a barrier 
    that discouraged career transitions.
        The need for revisions and the rapidly changing circumstances 
    brought about by widespread reorganizations and downsizing have 
    convinced us that OPM no longer should specify very detailed coverage 
    and exceptions. Agencies need the flexibility to respond to changing 
    needs without seeking waivers or regulatory changes. At the same time, 
    employees need assurance that merit is the focus of promotion programs.
        This proposal would continue to require competition for positions 
    at higher grades or with greater advancement potential than an employee 
    previously held. Agencies could continue to select employees 
    competitively for a training opportunity that results in placement in a 
    target position.
        This proposal would continue to provide for the noncompetitive 
    promotion of employees whose position are upgraded to correct a 
    classification error or implement a new classification standard. The 
    exclusion of reduction in force actions also would remain unchanged.
        As under the current program, agencies could except actions from 
    competition where an employee previously held an equivalent position. 
    Actions for brief periods could be excepted from competition, but the 
    agency rather than OPM would determine the cut-off point for 
    competition. Agencies could continue noncompetitive promotions for job 
    reclassifications due to accretion of higher grade duties, but the 
    higher grade position would have to absorb the duties of the old 
    position.
        Where agencies fill positions below the performance grade level, 
    they could continue to provide for noncompetitive career ladder 
    promotions. In addition, the proposal expands on the career ladder 
    concept by adding the flexibility to permit noncompetitive movement to 
    any position within an occupational group with a career ladder that 
    does not exceed the journey level for that occupation.
        While traditional career ladders have several advantages for both 
    employee and manager, they focus entirely on individual positions and 
    not on career fields or broad occupational needs of the agency. 
    Employees selected under the same competitive process for employment in 
    the same occupational grouping often are assigned to positions having 
    different career ladders, or full performance levels. As a result, some 
    employees in similar positions have to compete further for the same 
    level of advancement that others receive noncompetitively.
        Under this proposal, agencies could move employees noncompetitively 
    within an occupational group to similar positions with a higher full 
    performance level that does not exceed the journey level for most 
    positions in that occupational group. Competition would be required for 
    assignment to positions above the journey level.
        The agency would determine journey levels on the basis of job 
    classification standards. Journey level is the nonsupervisory full 
    performance grade level at which most positions in that occupational 
    grouping under the first level of supervision could be classified. The 
    agency also would determine occupational groupings of similar or 
    closely related positions based on position classified and 
    qualification standards. An occupational grouping might include all 
    positions in an occupational family, such as all positions in the GS-
    200 family. Or, the agency might set more limited groupings, such as 
    all positions in the GS-235 series, or even more narrow.
        Use of this option could expand placement opportunities for surplus 
    employees as well as meet broader occupational needs of the agency.
        Finally, this proposal would delegate to agencies the authority to 
    adopt other exceptions in their merit staffing plans when they 
    determine the actions would be consistent with the spirit and intent of 
    merit principles. The exceptions must be made a part of an agency's 
    merit staffing plan.
        Requirement 3 continues existing requirements concerning 
    recruitment and job announcements.
        Requirement 4 addresses evaluation procedures. An issue that 
    continues to arise is whether different procedures
    
    [[Page 6326]]
    
     may be used on the number of applicants. This proposal requires that 
    selection be from among the best-qualified candidates, without any 
    reference to numbers. Identification of the best qualified requires a 
    qualitative review, either by the selecting official or others. This 
    proposal does not specify how the agency determines which applicants 
    are the best qualified, except to require that the evaluation be based 
    on job-related requirements and be applied fairly and consistently. 
    Within these parameters, each agency would determined the specific job-
    related evaluation procedure to use.
        Examples of abbreviated processes that some agencies use to 
    identify the best-qualified candidates from among small numbers of 
    applicants: a selecting official distinguishes the best-qualified 
    candidates based on a key knowledge, skill, or ability, and selects 
    from that group; a subject matter expert certifies that the referred 
    candidates are the best qualified based on job-related criteria.
        Requirement 5 covers existing management selection options.
        Requirement 6 covers complaints and corrective actions. The 
    existing part 335 allows employee complaints under appropriate 
    grievance procedures except that an employee may not grieve 
    nonselection from among a group of properly ranked and certified 
    candidates. We have continued that policy in this proposal.
        An agency would be required to take corrective action where a 
    violation of law, regulation, or agency plan has occurred. OPM plans to 
    develop nonregulatory guidance to assist agencies in taking corrective 
    action.
        Requirement 7 continues existing recordkeeping requirements.
    
    Section 335.103
    
        Revised Sec. 335.103 contains a provision that would enable an 
    agency to request OPM approval to adopt policies different from those 
    in 5 CFR part 335 if not in conflict with law. Individual agency 
    programs or occupations may be unique or highly specialized, justifying 
    a different approach. For example, an agency might wish to experiment 
    with alternative dispute resolution techniques, instead of grievance 
    procedures, to settle complaints about promotion actions. Also, 
    agencies might seek exceptions for pilot programs under the Government 
    Performance and Results Act (Pub. L. 103-62, August 3, 1993) to improve 
    the management and efficiency of agency programs. In no circumstance, 
    however, could the merit system principles, prohibited personnel 
    practices, or other requirements of law be waived.
    
    Section 335.104
    
        The current Sec. 335.104 sets minimum performance requirements for 
    noncompetitive career ladder promotions. These promotions should rest 
    on high performance levels, but OPM believes eligibility requirements 
    are an appropriate agency responsibility (beyond existing OPM 
    requirements such as qualification standards). Furthermore, the level 
    of performance to be met is only one of several factors, such as the 
    range of skills to be acquired, the existence of higher level work, and 
    sufficient funds, that an agency might wish to address. We propose to 
    delete Sec. 335.104 and instead provide in Sec. 335.102 that agencies 
    will establish requirements for noncompetitive promotions.
    
    Agency Authority To Promote, Demote, or Reassign
    
        Inherent in the agency power to appoint employees is the power to 
    assign employees to other duties, consistent with any applicable law (5 
    U.S.C. 301). However, the current 5 CFR 335.102 limits the extent to 
    which agencies may promote, demote, or reassign certain employees in 
    the competitive service.
        OPM proposes to eliminate these restrictions and authorize agencies 
    in revised Sec. 335.101 to move employees to other positions consistent 
    with the appointments under which the employees serve. The proposed 
    change would enable agencies to utilize employees in other positions 
    where needed and for employees to seek other opportunities. This action 
    would primarily benefit employees under temporary appointment pending 
    establishment of a register (TAPER). Other provisions would continue to 
    apply, such as competition provisions of Sec. 335.102, the reduction in 
    force retention rights in 5 U.S.C. chapter 35, and the procedural 
    protections and appeal rights relating to performance based and adverse 
    actions under 5 U.S.C. chapters 43 and 75.
    
    Vacancy Announcements
    
        This is a reminder that Sec. 335.105 implements 5 U.S.C. 3330, 
    which requires that information be given to the public about certain 
    job vacancy announcements. In addition, OPM has issued career 
    transition assistance requirements in part 330, under which agencies 
    must notify OPM of competitive service vacancies to be filled for more 
    than 90 days when applications will be accepted from outside an 
    agency's own work force.
    
    Accelerated Qualifications
    
        The former Federal Personnel Manual authorized agencies to 
    establish training agreements under which employees could acquire 
    qualifications for a higher grade position at an accelerated rate. 
    These intensive training programs are traditionally used for critical 
    shortage occupations at entry levels where employees are given 
    accelerated training to obtain the necessary skills more quickly. The 
    programs provide a valuable recruitment incentive in filling positions 
    where qualified applicants are in extremely short supply.
        To establish continuing agency authority for employees to acquire 
    qualifications at an accelerated rate under intensive training 
    programs, OPM proposes to add such authority to part 338. Related to 
    this, 5 CFR 300.603(b)(6) prohibits more than two promotions in any 52-
    week period on the basis of a training agreement and requires OPM 
    approval of a training agreement that provides for consecutive 
    promotions in less than 1 year. (OPM proposed to abolish the year-in-
    grade waiting period [59 FR 30717, June 15, 1994, and 60 FR 2546, 
    January 10, 1995] but has not acted on the proposal.)
    
    Other Related Actions
    
        Under the current 5 CFR Sec. 335.101(b), generally a position 
    change does not change an employee's tenure except as shown in 
    Sec. 316.703, which deals with status quo employees. These are 
    primarily individuals who fail to qualify for career-conditional 
    employment when their excepted or nonfederal positions are brought into 
    the competitive service. They are retained as nonpermanent employees in 
    tenure group III and are called status quo employees.
        Section 316.703 requires agencies to change status quo employees to 
    a different type of nonpermanent appointment in tenure group III when 
    changing the employee to a different position. If the agency moves the 
    employee back to the original position, it must change the employee 
    back to status quo.
        We propose to eliminate Sec. 316.703 as unnecessary. This would 
    mean that a status quo employee would remain under a status quo 
    appointment regardless of any position change. The employee would not 
    gain or lose any benefits by the elimination of Sec. 316.703.
        Another exception to the general rule that tenure is not affected 
    by a position change is contained in Sec. 335.101(c). This provides 
    that a career-conditional employee becomes a career employee when 
    promoted, demoted, or reassigned 
    
    [[Page 6327]]
    to a position paid under chapter 45 of title 39, United States Code, 
    which covers the Postal Service. This reference to title 39 positions 
    is obsolete because the Postal Service was removed from the competitive 
    service in 1971 by legislation. Since then, the Postal Service has 
    operated under its own independent excepted service personnel system. 
    Because these OPM regulations on competitive service appointments no 
    longer apply to the Postal Service, we are eliminating the obsolete 
    references in revised Sec. 335.101(c) to positions paid under title 39.
    
    Regulatory Flexibility Act
    
        I certify that these regulations will not have a significant 
    economic impact on a substantial number of small entities because they 
    pertain only to Federal employees and agencies.
    
    List of Subjects in 5 CFR Parts 316, 335, and 338
    
        Government employees.
    
    Office of Personnel Management.
    James B. King,
    Director.
    
        Accordingly, OPM proposes to amend parts 316, 335, and 338 of title 
    5, Code of Federal Regulations, as follows:
    
    PART 316--TEMPORARY AND TERM EMPLOYMENT
    
        1. The authority citation for part 316 is revised to read as 
    follows:
    
        Authority: 5 U.S.C. 3301, 3302; E.O. 10577, 3 CFR 1954-1958 
    Comp., p. 218. Sections 316.302 and 316.402 also issued under 5 
    U.S.C. 3112 and 3304(c), 22 U.S.C. 2506, 38 U.S.C. 2014, and E.O. 
    12721.
    
    
    Sec. 316.703  [Removed]
    
        2. Section 316.703 is removed.
    
    PART 335--PROMOTION AND INTERNAL PLACEMENT
    
        3. 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 1954-58 
    Comp., p. 218.
    
    Sec. 335.104  [Removed and reserved]
    
        4. Sections 335.101, 335.102, and 335.103 are revised and 
    Sec. 335.104 is removed and reserved, to read as follows:
    
    
    Sec. 335.101  Position changes.
    
        (a) Consistent with Sec. 335.102 and, when applicable, part 319 of 
    this chapter, an agency head is authorized to promote, demote, or 
    reassign an employee to any competitive service position appropriate to 
    the type of appointment under which the employee serves and consistent 
    with all applicable statutory and regulatory requirements.
        (b) The authority in this section includes time-limited promotion 
    for a definite period. The return of an employee at any time to the 
    position from which temporarily promoted, or a position of equivalent 
    grade and pay, is not subject to the procedures in parts 351, 432, or 
    752 of this chapter if the agency had given the employee advance 
    written notice of the conditions of the time-limited promotion.
        (c) This section covers all types of appointments in the 
    competitive service except temporary appointments not to exceed 1 year 
    authorized by subpart D of part 316 of this chapter.
        (d) A position change does not change an employee's competitive 
    status or tenure except that:
        (1) A career-conditional employee who is promoted, demoted, or 
    reassigned to a position required by law to be filled on a permanent 
    basis becomes a career employee; and
        (2) A career employee who is promoted, demoted, or reassigned from 
    a position required by law to be filled on a permanent basis becomes a 
    career-conditional employees unless he or she has completed the service 
    requirement for career tenure in Sec. 315.201 of this chapter.
    
    
    Sec. 335.102  Internal merit selection programs.
    
        An agency head may promote, demote, and reassign competitive 
    service employees in accordance with Sec. 335.101, detail them in 
    accordance with Sec. 300.301 of this chapter, and reinstate and 
    transfer individuals in accordance with part 315 of this chapter, only 
    to positions for which the agency is administering a merit-based 
    selection program that ensures a systematic means of competitive 
    selection from among the best-qualified candidates available. These 
    programs shall conform with all applicable law, including the following 
    requirements.
        (a) Requirement 1. Each agency must establish a merit staffing 
    plan(s) for selecting employees for advancement base solely on relative 
    ability, knowledge, and skills after fair and open competition which 
    assures that all receive equal opportunity. The plans must be available 
    in writing and list exceptions to competition. All actions are subject 
    to the merit system principles of 5 U.S.C. 2301 and the prohibited 
    personnel practices of 5 U.S.C. 2302. (5 U.S.C. 2301, 2302, 3301, 3341, 
    and 3361)
        (b) Requirement 2. (1) Competition is required in assignment or 
    detail, for other than a limited specified period, to a position at a 
    higher grade or with a higher full performance grade level than an 
    employee previously held on a permanent basis. Selection requirements 
    for training are defined in part 410 of this chapter.
        (2) Competition does not apply to reduction in force actions under 
    part 351 of this chapter, and to the upgrading of a position without 
    significant change in an employee's duties and responsibilities due to 
    issuance of a new classification standard or correction of an initial 
    classification error.
        (3) An agency may except (and must document in its merit staffing 
    plan) other types of actions from competition that it determines are 
    consistent with the spirit and intent of merit principles, including:
        (i) Movement within the same occupational grouping from one 
    position to another position that has a higher full performance grade 
    level but does not exceed the established journey level of that 
    occupational grouping. Journey level is the nonsupervisory full 
    performance grade level at which most positions in that occupational 
    grouping under the first level of supervision could be classified, as 
    determined by the agency (or component) based on position 
    classification standards. Occupational grouping is a group of similar 
    or closely related positions, as determined by the agency (or 
    component) based on position classification and qualification 
    standards; and
        (ii) The upgrading of an employee's position due to accretion of 
    additional higher grade duties and responsibilities where the successor 
    position absorbs the old position.
        (4) A noncompetitive action under this part may be based on a 
    previously held excepted service position only when held under another 
    merit system with which OPM has an interchange agreement approved under 
    Sec. 6.7 of this chapter. A Senior Executive Service career appointee 
    who is eligible for reinstatement under Sec. 315.401 of this chapter 
    may be noncompetitively reinstated or assigned to any position or grade 
    in the competitive service for which qualified. Agencies are authorized 
    to establish eligibility criteria for noncompetitive promotions.
        (c) Requirement 3. Recruitment methods should be designed to 
    attract qualified individuals from appropriate sources in an endeavor 
    to achieve a diverse work force that represents all segments of 
    society, including persons with disabilities. The area of recruitment 
    should be sufficiently broad to attract quality candidates. Procedures 
    must provide for consideration of 
    
    [[Page 6328]]
    employees absent because of military duty, compensable injury that does 
    not exceed 1 year, and service with international organizations, 
    individuals on a re-employment priority list, and for any other reasons 
    required by law or regulation or determined by the agency. Agencies 
    must give advance notice to OPM of all competitive service positions to 
    be filled for more than 90 days when applications will be accepted from 
    an outside agency's own work force (5 U.S.C. 2301, 2302, 3330, 
    3402(a)(1)(A), 3582, 7201-7204, and 8151; 38 U.S.C. chapter 43; 5 CFR 
    Sec. 330.102, Sec. 330.706, Sec. 335.105, and part 720).
        (d) Requirement 4. To be eligible for placement, a candidate must 
    meet an appropriate provision of the applicable OPM qualification 
    manual and any other legal requirements that apply. Evaluation criteria 
    must be based on the requirements of the job to be filled and applied 
    in a fair and consistent manner. In qualification and selection 
    decisions, due weight, as determined by the agency, shall be given to 
    performance appraisals and to any incentive awards or other performance 
    recognition received by applicants. Competitive selection must be from 
    among the best-qualified available candidates. The agency may determine 
    how to identify the best-qualified candidates, but that identification 
    may not be waived (5 U.S.C. 2301, 3301, 3362, 4302, and 5105; 16 U.S.C. 
    470h-4; 5 CFR part 300, subpart A).
        (e) Requirement 5. Agency procedures must provide for management's 
    right to select or not select from among properly ranked and certified 
    candidates and to select from other appropriate sources of candidates 
    (5 U.S.C. 7106; 5 CFR part 7.1).
        (f) Requirement 6. An individual may seek redress, under applicable 
    procedures, of a complaint relating to a promotion decision or action 
    other than nonselection from a group of properly ranked and certified 
    candidates. There is no right of appeal to OPM of individual promotion 
    actions. An agency must take appropriate action to correct violations 
    of the agency's merit selection procedures identified through 
    grievances or any other means and shall follow OPM instructions 
    concerning violations of statute of OPM regulation (5 U.S.C. 1103, 
    1104, and 7121; 5 CFR part 5).
        (g) Requirement 7. Each agency shall maintain a record of each 
    competitive action sufficient to allow reconstruction. These records 
    may be destroyed after 2 years or after OPM has evaluated the program, 
    whichever comes first, if the time limit for complaints has expired. 
    The basis for each noncompetitive promotion must be documented on the 
    personnel action (5 U.S.C. 1103 and 1104; 5 CFR part 5).
    
    
    Sec. 335.103  Exceptions.
    
        At the request of an agency head, OPM may approve an exception to 
    any provision in this part when the exception is consistent with 
    applicable statutory provisions and would enable the agency to address 
    more effectively a specific agency need in the administration of merit 
    staffing programs.
    
    PART 338--QUALIFICATION REQUIREMENTS (GENERAL)
    
        5. The authority citation for part 338 continues to read as 
    follows:
    
        Authority: 5 U.S.C. 3301, 3302; E.O. 10577, 3 CFR 1954-1958 
    Comp., p. 218.
    
        6. Subpart C consisting of Sec. 338.301 is added to read as 
    follows:
    
    Subpart C--Accelerated Qualifications
    
    
    Sec. 338.301  Accelerated qualifications through intensive training 
    programs.
    
        Agencies are authorized to establish training programs that provide 
    intensive and directly job-related training to employees selected in 
    accordance with parts 335 and 410 of this chapter. Such training may be 
    substituted for all or part of the experience required by an OPM 
    qualification standard. Agencies are not authorized to substitute such 
    intensive training for minimum educational requirements established by 
    OPM, or for licensing, certification, or other specific credentials 
    required by OPM qualification standards.
    
    [FR Doc. 96-3122 Filed 2-16-96; 8:45 a.m.]
    BILLING CODE 6325-01-M
    
    

Document Information

Published:
02/20/1996
Department:
Personnel Management Office
Entry Type:
Proposed Rule
Action:
Proposed rulemaking.
Document Number:
96-3122
Dates:
Comments must be submitted on or before April 22, 1996.
Pages:
6324-6328 (5 pages)
RINs:
3206-AG19: Promotion and Internal Placement; Accelerated Qualifications
RIN Links:
https://www.federalregister.gov/regulations/3206-AG19/promotion-and-internal-placement-accelerated-qualifications
PDF File:
96-3122.pdf
CFR: (8)
5 CFR 316.703
5 CFR 335.101
5 CFR 335.102
5 CFR 335.104
5 CFR 338.301
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