[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]



 ========================================================================
 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