[Federal Register Volume 61, Number 5 (Monday, January 8, 1996)]
[Proposed Rules]
[Pages 546-548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-214]



 ========================================================================
 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. 5 / Monday, January 8, 1996 / 
Proposed Rules  

[[Page 546]]


OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 330, 333, and 335

RIN 3206-AH25


Agency Funding for Federal Employment Information

AGENCY: Office of Personnel Management.

ACTION: Proposed rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Office of Personnel Management (OPM) is issuing proposed 
regulations requiring each agency to pay a fee for its share of the 
cost of providing employment information through OPM to Federal 
employees and the public. The regulations implement a permanent 
statutory provision of Public Law 104-52, which authorizes OPM to 
charge fees to agencies to pay the cost of providing Federal employment 
information and related services.

DATES: Written comments will be considered if received on or before 
February 7, 1996.

ADDRESSES: Send or deliver written comments to Leonard R. Klein, 
Associate Director for Employment, Office of Personnel Management, Room 
6F08, 1900 E Street, NW., Washington, DC 20415 (FAX 202-606-5049).

FOR FURTHER INFORMATION CONTACT: Richard Whitford on 202-606-2525, TDD 
202-606-0591, or FAX 202-606-5049.

SUPPLEMENTARY INFORMATION: The Treasury, Postal Service, and General 
Government Appropriations Act, 1996 (Public Law 104-52, November 19, 
1995) shifts the funding for the Federal employment information 
function from OPM appropriations to a combination of OPM appropriations 
and fees for services to be paid by agencies into OPM's revolving fund. 
Each subsequent year Congress will decide how much money to appropriate 
directly to OPM for this function. This new financial obligation of 
agencies is contained in section 4 of the OPM general provisions, title 
IV, of Public Law 104-52.

Providing Employment Information

    Agencies are subject to two statutory requirements that require 
public notice for competitive examinations and vacancies in the 
competitive service and Senior Executive Service. Under both laws, OPM 
is responsible for collecting and disseminating the information.
    Under 5 U.S.C. 3327, agencies must notify OPM of (1) competitive 
examinations and (2) vacancies in the competitive service and Senior 
Executive Service for which the agency will consider applicants from 
outside the Federal service. OPM's implementing regulations for the 
competitive service are in 5 CFR 330.102 and 333.102 and the Senior 
Executive Service, in Sec. 317.501(b).
    Section 3327 requires OPM to make information available to State 
Employment Service offices regarding competitive examinations conducted 
by OPM or agencies under delegated examining authority. It also 
authorizes OPM to issue regulations under which agencies shall notify 
the State Employment Service of vacancies for which the agency seeks 
applications from persons outside the Federal service. Since 1989, OPM 
has met these statutory requirements through regular electronic reports 
of job listings in the Federal Employment Information System to 
America's Job Bank, a Department of Labor funded organization that 
disseminates vacancy information to State Employment Service offices. 
Agencies need take no further action.
    Under 5 U.S.C. 3330, agencies must notify OPM of competitive 
service job announcements open to applicants outside an agency's own 
workforce. OPM is required to make this information available to the 
public. (This requirement was previously in 5 U.S.C. 3329, which was 
redesignated as section 3330 by Public Law 104-52.) OPM's implementing 
regulations are in 5 CFR 335.105.
    Agencies also are required by the Interagency Career Transition 
Assistance Plan for Displaced Employees in 5 CFR part 330 to notify OPM 
of vacancies open to candidates outside an agency's workforce. OPM 
makes this information available to assist displaced employees in 
finding employment. The Plan implemented, in part, the President's 
memorandum of September 12, 1995, entitled ``Career Transition 
Assistance for Federal Employees.''
    In addition to carrying out the obligations discussed above, OPM 
provides employment information to support outplacement services 
provided by agency career transition centers. OPM also responds to a 
large volume of inquiries from the public, Federal employees, 
Congressional offices, and others on a broad range of employment 
topics.

Funding Job Information

    Previously, Congress provided direct funding to OPM to carry out 
employment information functions. However, during deliberations on 
OPM's FY 96 appropriations, Congress concluded that individual agencies 
should fund these functions. Congress reduced OPM's FY 96 funding of 
the employment information function to only 32 percent of what it was 
in FY 95. Public Law 104-52 adds the following new subsection to 
redesignated 5 U.S.C. 3330:
    ``(f) The Office may, to the extent it determines appropriate, 
charge such fees to agencies for services provided under this section 
and for related Federal employment information. The Office shall retain 
such fees to pay the costs of providing such services and 
information.''
    These regulations implement the new subsection (f). For the future, 
OPM will establish a working group of the Interagency Advisory Group, 
consisting of officials from representative agencies and OPM, to review 
the level, quality and costs of information services provided and make 
recommendations for improving efficiency and effectiveness. All 
agencies will have the opportunity, through the Interagency Advisory 
Group, to discuss and comment on recommendations of the working group 
prior to implementation.
    OPM will regularly report to agencies the information it collects 
regarding customer satisfaction and complaints. OPM also will notify 
each agency annually of the costs of the services, its obligation and 
of payment procedures.
    These regulations also consolidate the public notice requirements 
for competitive service positions in parts 330, 333, and 335. OPM will 
notify agencies directly of the information regarding specific 
announcements to be 

[[Page 547]]
reported. The requirement in parts 330 and 333 that individual agencies 
notify the State Employment Service of vacancies is eliminated since 
OPM provides this report on behalf of agencies. Furthermore, to better 
serve displaced employees and the public, OPM recently asked agencies 
to provide electronic files of vacancy announcements to OPM. OPM will 
make these available directly to job seekers, minimizing the number of 
inquiries to agencies, and thus reducing personnel office workload.

Computation of Agency Fees for FY 96

    The Federal Employment Information System is a dynamic data base of 
job listings and vacancy announcements as well as general employment 
information for students, veterans, disabled persons, and others. To 
minimize the financial impact of the new law on agencies, OPM has 
already reduced or eliminated several services previously provided. 
These included live operator telephone service and face-to-face counter 
service at Federal Employment Information Centers, as well as 
customized responses to written inquiries. Available services now 
include access to three automated data bases:
     the Career America Connection--a nationwide phone system 
with access points at OPM Service Centers and the OPM Staffing Service 
Center in Macon, GA.
     the Federal Job Opportunities Board--an electronic 
bulletin board with access for individuals, career transition centers, 
and college placement offices through modems or Internet.
     touchscreen computers located in OPM offices, Federal 
office buildings, and other locations.
    Job seekers can read or download job listings, vacancy 
announcements, and application materials, or they can request that such 
materials be mailed or faxed to them. The system is accessible to the 
hearing impaired, and OPM provides large print or Braille versions for 
the visually impaired. OPM also provides limited live operator service 
on its Career America Connection lines into the Macon, GA, Staffing 
Service Center.
    This level of employment information is the minimum we must provide 
to fulfill our statutory obligations. This minimum level of employment 
information service will cost $5.3 million in FY 96 in operating and 
maintenance costs. OPM has already borne the costs of developing the 
system and installing the technology.
    Congress directed that OPM share the operating and maintenance 
costs necessary to provide this service. OPM has been appropriated $2.5 
million for this purpose in FY 96. The balance is $2.8 million, which 
we propose to charge to agencies as authorized by Pub. L. 104-52.
    To determine a fair fee structure, we considered all who benefit 
from this service. Clearly we all do.
     The system enables OPM and agencies to meet the public 
notice requirements of an open, competitive merit system as required by 
law.
     The system attracts quality candidates for those agencies 
that are recruiting, and provides a mechanism to assist agencies in 
achieving a diverse workforce. It provides a vital link to students at 
colleges and universities, as well as to counsellors who assist 
veterans and the disabled.
     The system helps surplus and displaced employees. The 
system provides the framework for the career transition programs that 
will replace the Interagency Placement Program.
     The system handles over 6.5 million inquiries a year, 
inquiries that would otherwise go to individual agency personnel 
offices.
    Because all agencies benefit from this service whether or not they 
are actively recruiting, OPM has proposed to agencies that the FY 96 
fee for employment information services be based on each agency's 
proportionate share of the Federal competitive service workforce. The 
employment figures would be taken from OPM's Central Personnel Data 
File (CPDF) as of March 31, 1995, and would include all permanent and 
nonpermanent competitive service employees.
    OPM proposed to include nonpermanent employees because use of 
temporary and term employment has increased as agencies adjust to 
reduced funding levels, and job announcements for nonpermanent as well 
as permanent employment must be reported to OPM.
    We proposed to count employment as of March 31st because employment 
on that date is available in time to allow for agency planning and 
budgeting.
    After considering comments on this proposal, OPM will issue final 
regulations. At that time, we will begin to collect fees for FY 96. 
Although OPM recommends that agencies be billed at the agency level to 
minimize billing and accounting, OPM will accommodate agencies as much 
as possible, such as billing at the sub-component level if an agency 
prefers.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it pertains 
only to Federal agencies.

Executive Order 12866, Regulatory Review

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

List of Subjects

5 CFR Part 330

    Armed forces reserves, Government employees.

5 CFR Parts 333 and 335

    Government employees.

U.S. Office of Personnel Management.
James B. King,
Director.

    Accordingly, OPM proposes to amend 5 CFR parts 330, 333, and 335, 
as follows:

PART 330--RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)

    1. The authority citation for part 330 is revised to read as 
follows:

    Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR, 1954-58 
Comp., p. 218.
    Section 330.102 also issued under 5 U.S.C. 3327 and 3330.
    Subpart B also issued under 5 U.S.C. 3315 and 8151.
    Section 330.401 also issued under 5 U.S.C. 3310.
    Subpart H also issued under 5 U.S.C. 8337(h) and 8457(b).
    Subpart I also issued under sec. 4432 of Pub. Law 102-484, 106 
Stat 2720, 5 U.S.C. 3301 note.

    2. Section 330.102 is revised, to read as follows:


Sec. 330.102  Federal employment information.

    (a) Vacancies open to the public.
    (1) Notice required. (i) Under 5 U.S.C. 3327, Federal agencies must 
notify OPM promptly of:
    (A) Open competitive examinations;
    (B) Vacancies in the competitive service to be filled under direct 
hire procedures or part 333 of this chapter; and
    (C) Vacancies in the Senior Executive Service for which the agency 
seeks applications from persons outside the Federal service. Also, in 
accordance with Sec. 317.501(b)(2) of this chapter, agencies must 
notify OPM of all Senior Executive Service vacancies to be filled by 
initial career appointment.
    (ii) OPM will provide this information to the employment offices of 
the United States Employment Service.
    (2) Agencies covered. Paragraph (a)(1) of this section applies to:
    
[[Page 548]]

    (i) The executive departments listed at 5 U.S.C. 101;
    (ii) The military departments listed at 5 U.S.C. 102;
    (iii) Government owned corporations in the executive branch as 
described at 5 U.S.C. 103;
    (iv) Independent establishments in the executive branch as 
described at 5 U.S.C. 104, including the Nuclear Regulatory Commission; 
and
    (v) Government Printing Office.
    (b) All other vacancies.
    (1) Notice required. Under 5 U.S.C. 3330, OPM must maintain, and 
make available to the public, a list of agency vacancy announcements 
for positions in the competitive service. Under Sec. 330.706 of this 
chapter, agencies must notify OPM of competitive service vacancies for 
which an agency will accept applications from outside an agency's 
workforce. Therefore, agencies must notify OPM promptly of competitive 
service vacancies to be filled for more than 90 days from among current 
career and career-conditional employees, reinstatement eligibles, and/
or candidates with noncompetitive appointment eligibility, when the 
agency will accept applications from individuals outside the agency's 
own work force.
    (2) Agencies covered. Except for any executive agency or unit 
thereof whose principal function is the conduct of foreign intelligence 
or counterintelligence activities, as determined by the President, 
paragraph (b)(1) of this section applies to:
    (i) The executive departments listed at 5 U.S.C. 101;
    (ii) The military departments listed at 5 U.S.C. 102;
    (iii) Government corporations in the executive branch as described 
at 5 U.S.C. 103; and
    (iv) Independent establishments in the executive branch as 
described at 5 U.S.C. 104.
    (c) Content. Notice to OPM of job announcements must include the 
position title, tenure, location, pay plan and grade (or pay rate) of 
the vacant position; application deadline; and other information 
specified by OPM. In addition, agencies shall provide OPM with an 
electronic file of the complete vacancy announcement or recruiting 
bulletin, which must include the qualifications required, equal 
opportunity provisions and, when applicable, veterans' preference 
provisions.
    (d) Funding. Under 5 U.S.C. 3330(f), OPM is authorized to charge 
fees to agencies for their share of the cost of providing employment 
information to the public and to Federal employees. OPM will work with 
agencies to review the effectiveness and efficiency of the Federal 
Employment Information System in meeting Federal agency and pubic needs 
and identify improvements to the system, consistent with the minimum 
level of service and statutory requirements. Subsequently, OPM will 
annually compute the cost of providing employment information and 
notify each agency of its share, along with a full accounting of the 
costs, and payment procedures.

PART 333--RECRUITMENT AND SELECTION FOR TEMPORARY AND TERM 
APPOINTMENTS OUTSIDE THE REGISTER

    3. The authority citation for 333 is revised to read as follows:

    Authority: 5 U.S.C. 1302, 3301, 3302, 3327, 3330; E.O. 10577, 3 
CFR 1954-58 Comp., p. 218; Sec. 333.203 also issued under 5 U.S.C. 
1104.

    4. Section 333.102 is revised to read as follows:


Sec. 333.102  Notice of job announcements to OPM.

    Under 5 U.S.C. 3327 and 3330, agencies are required to report job 
announcements to OPM when recruiting outside the register. This 
requirement is implemented through Sec. 330.102 of this chapter.

PART 335--PROMOTION AND INTERNAL PLACEMENT

    5. 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.

    6. Section 335.105 is revised to read as follows:


Sec. 335.105  Notice of job announcements to OPM.

    Under 5 U.S.C. 3330, agencies are required to report job 
announcements to OPM. This requirement is implemented through 
Sec. 330.102 of this chapter.

[FR Doc. 96-214 Filed 1-5-96; 8:45 am]
BILLING CODE 6325-01-M