[Federal Register Volume 59, Number 35 (Tuesday, February 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3764]


[[Page Unknown]]

[Federal Register: February 22, 1994]


                                                    VOL. 59, NO. 35

                                         Tuesday, February 22, 1994
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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 300

RIN 3206-AF80

 

Employment (General)

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) proposes to amend its 
regulations to reflect that agency heads must ensure that employees and 
applicants for employment at their agencies are notified of the 
recently enacted provisions in the Hatch Act Reform Amendments of 1993, 
which prohibit individuals from requesting, making, transmitting, 
accepting, or considering political recommendations in effecting 
personnel actions.

DATES: Comments must be received on or before April 25, 1994.

ADDRESSES: Comments may be mailed to Lorraine Lewis, General Counsel, 
Office of Personnel Management, room 7355, 1900 E Street NW., 
Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT: Jo-Ann Chabot or Gail Goldberg, (202) 
606-1700.

SUPPLEMENTARY INFORMATION: In the Hatch Act Reform Amendments of 1993, 
Public Law 103-94, Congress amended section 3303 of title 5, United 
States Code, to expand and strengthen the existing prohibition against 
political recommendations, i.e., recommendations based on party 
affiliation, in examinations and appointments. Section 3303 originally 
applied to examination for, or appointment to, positions in the 
competitive service. It prohibited examining and appointing officials 
from accepting or considering congressional recommendations of 
applicants, except for recommendations about their character or 
residence.
    Section 3303, as amended, expands the scope of the prohibition by 
including employees as well as applicants, and covering the excepted 
service and career Senior Executive Service as well as the competitive 
service. Although section 3303 still prohibits agency officials from 
considering or accepting political recommendations, it also prohibits 
them from soliciting and requesting these recommendations. It further 
specifies that an agency official who receives a political 
recommendation must return the recommendation to the person who sent it 
with a notation that the recommendation violates section 3303.
    The previous version of the law focused its prohibition on agency 
officials, and did not prohibit Senators and Congressmen from making 
recommendations. The amended version prohibits Senators, Congressmen, 
congressional employees, elected State and local officials, political 
party officials, and other individuals or organizations from making or 
transmitting political recommendations. It also prohibits employees and 
applicants from soliciting or requesting political recommendations, and 
prohibits agency officials from soliciting, requesting, considering or 
accepting such recommendations.
    Where the previous law was limited to examinations and 
appointments, the amended version includes personnel actions as well. 
Section 3303, as amended, defines ``personnel action'' as any action 
described in 5 U.S.C. 2302(a)(2)(A) (i)-(ix), including appointments, 
promotions, disciplinary or corrective actions, details, transfers, 
reassignments, reinstatements, restorations, reemployments, performance 
evaluations, and decisions concerning pay, benefits, or awards.
    The amended version permits agencies and agency officials to 
consider statements of recommendation under limited, narrowly drawn 
circumstances. Recommendations may be considered if they result from an 
agency request and consist solely of an evaluation of the work 
performance, ability, aptitude, and general qualifications of the 
employee or applicant, or if they relate solely to the character and 
residence of an individual. Recommendations consisting of statements 
requested by authorized Government officials to determine whether an 
individual meets security or suitability standards, or furnished under 
a law or regulation authorizing consideration of the statement with 
respect to a specific category of positions also are permitted.
    Where section 3303 previously did not provide for remedial action 
for violations, it now authorizes agencies to take adverse action to 
enforce its provisions. Moreover, the amended version specifies that 
violations of its prohibitions are prohibited personnel practices. 
Finally, the United States Postal Service is excluded from the amended 
version because it is subject to similar requirements in 39 U.S.C. 
1002.
    Section 3303, as amended, specifically authorizes OPM to promulgate 
regulations requiring agency heads to ensure that employees and 
applicants receive notice of its provisions. Therefore, OPM proposes to 
amend part 300 by adding a new Subpart H--Notification Requirements 
Relating to the Statutory Prohibitions on Political Recommendations in 
Personnel Actions. Section 300.801 of the new Subpart H states that 
agency heads must ensure that applicants and employees are notified of 
the provisions of 5 U.S.C. 3303, as amended. Section 300.802 lists 
strategies for issuing notifications, but it also specifies that the 
list is not exclusive and gives agency officials the discretion to 
consider and implement other means of notification.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities because they 
relate to internal personnel matters within the Federal Government.

List of Subjects in 5 CFR Part 300

    Freedom of information, Government employees, Reporting and 
recordkeeping requirements, Selective Service System.

U.S. Office of Personnel Management.
Lorraine A. Green,
Deputy Director.

    Accordingly, the Office of Personnel Management proposes to amend 5 
CFR part 300 as follows:
    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.
    Secs. 300.801 through 300.802 issued under 5 U.S.C. 3303(e).

    2. Subpart H is added to read as follows:
Subpart H--Notification Requirements Relating to the Statutory 
Prohibitions on Political Recommendations
Sec.
300.801  Notification of employees and applicants
300.802  Methods of notification

Subpart H--Notification Requirements Relating to the Statutory 
Prohibitions on Political Recommendations


Sec. 300.801  Notification of employees and applicants.

    The head of an agency, as defined in 5 U.S.C. 3303(a)(1), shall 
ensure that employees of and applicants for employment with the agency 
are notified of the provisions of 5 U.S.C. 3303 concerning political 
recommendations in effecting personnel actions.


Sec. 300.802  Methods of notification.

    Methods of notifying employees and applicants of these provisions 
include, but are not limited to:
    (a) Posters displayed in prominent places throughout the agency;
    (b) Pamphlets for distribution to employees and applicants;
    (c) Notices printed on vacancy announcements or posted on computer 
bulletin boards; or
    (d) Notices printed on application forms, examinations, or each 
employment form used in connection with appointment actions.

[FR Doc. 94-3764 Filed 2-18-94; 8:45 am]
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