[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