[Federal Register Volume 59, Number 247 (Tuesday, December 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31642]


  Federal Register / Vol. 59, No. 247 / Tuesday, December 27, 1994 /
  
[[Page Unknown]]

[Federal Register: December 27, 1994]


                                                   VOL. 59, NO. 247

                                         Tuesday, December 27, 1994

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 300

RIN 3206-AF80

 

Employment (General)

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is amending its 
regulations to reflect that agency heads must ensure that employees and 
applicants for employment at their agencies are notified of the 
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.

EFFECTIVE DATE: January 26, 1995.

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

SUPPLEMENTARY INFORMATION: Section 8 of the Hatch Act Reform Amendments 
of 1993, Pub. L. 103-94, amended section 3303 of title 5, United States 
Code, to expand and strengthen the prohibition against political 
recommendations in examinations and appointments. Although section 3303 
was limited to prohibiting political recommendations in connection with 
examinations for, or appointments to, positions in the competitive 
service, the amended section 3303 includes other personnel actions as 
well. It 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 section 3303 provides for OPM to issue regulations 
requiring agency heads to ensure that employees and applicants are 
notified of its provisions. On February 22, 1994, OPM issued its 
proposal to amend 5 CFR part 300 by adding a new subpart H which would 
require agency heads to ensure that applicants and employees are 
notified of the provisions of 5 U.S.C. 3303, as amended. OPM's proposal 
also listed strategies for issuing notifications, but noted that the 
list is not exclusive and gives agency officials the discretion to 
consider and implement other means of notification.
    OPM received comments from three Federal agencies and one Federal 
employee organization about the proposed regulations. One Federal 
agency commented that placing additional administrative requirements on 
Federal agencies appears to be inconsistent with the intent of the 
National Performance Review recommendations to streamline the Federal 
government and reduce funding, spending, and reporting requirements. 
The agency suggested that OPM explore other alternatives for complying 
with the Reform Amendments, such as issuing instructions to agencies to 
disregard political recommendations received incident to personnel 
actions and to notify the alleged offenders accordingly.
    The amended 5 U.S.C. 3303 provides that ``[u]nder regulations 
prescribed by the Office of Personnel Management, the head of each 
agency shall ensure that employees and applicants are given notice of 
the provisions of this section.'' Section 3303, as amended, clearly 
contemplates that OPM shall issue the specified regulations; it does 
not give OPM any discretion to select an alternate method of requiring 
agency heads to notify employees and applicants of the prohibition 
against soliciting, making, receiving, or accepting political 
recommendations. Therefore, OPM cannot adopt the suggestion to explore 
other alternatives for complying with the regulatory mandate in 5 
U.S.C. 3303, as amended. Moreover, OPM's regulations are consistent 
with the spirit and intent of the National Performance Review 
recommendations. In recognition of these recommendations, OPM has left 
to each agency head the discretion to select the methods of 
notification which most suit the needs of his or her own agency.
    Subsection (h) of the amended section 3303 specifically provides 
that the prohibition recommendations does not affect the right of an 
employee under 5 U.S.C. 7211 to petition Congress. A second Federal 
agency suggested that OPM provide examples in its regulations to show 
what would be included or excluded under the statutory right to 
petition Congress. OPM has already provided agencies with written 
guidance on the amended section 3303, and will provide further guidance 
should the need arise. Therefore, OPM believes it is not necessary to 
include such examples in its regulations.
    The third Federal agency suggested that OPM note in its regulations 
that subsection (f)(2) of the amended section 3303 permits 
recommendations which are based solely on the character of an employee 
or applicant. OPM does not believe that it is necessary to include this 
provision in its regulations because the provision already is stated in 
the controlling statute. The agency further suggested that, in section 
300.801 of the regulation, OPM replace the word ``effecting'' with 
``affecting.'' OPM intended that Sec. 300.801 would relate to 
``effecting'' or bringing about personnel actions, rather than to 
``affecting'' or influencing such actions. Therefore, OPM does not 
intend to revise the proposed Sec. 300.801 in the manner suggested.
    Finally, one Federal employee organization commented that OPM's 
regulatory proposal is fully supported by the applicable provisions of 
law.
    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 is amending 
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 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.

E.O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with E.O. 12866.

List of Subjects in 5 CFR Part 300

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

    Office of Personnel Management.

James B. King,
Director.

    Accordingly, the Office of Personnel Management is amending 5 CFR 
Part 300 as follows:

PART 300--[AMENDED]

    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 part 300 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. 94-31642 Filed 12-23-94; 8:45 am]
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