[Federal Register Volume 61, Number 232 (Monday, December 2, 1996)]
[Proposed Rules]
[Page 63762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30596]


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 Proposed Rules
                                                 Federal Register
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 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.
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  Federal Register / Vol. 61, No. 232 / Monday, December 2, 1996 / 
Proposed Rules  

[[Page 63762]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 213

RIN 3206-AH67


Excepted Service--Schedule A Authority for Temporary 
Organizations

AGENCY: Office of Personnel Management.

ACTION: Proposed regulations.

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SUMMARY: The Office of Personnel Management (OPM) proposes to amend the 
Schedule A excepted service appointing authority used by agencies to 
fill positions in temporary organizations at GS-15 and below. These 
regulations would delete the maximum grade level limitation to permit 
agencies to make such appointments also to Senior Level positions.

DATES: Comments must be received on or before January 31, 1997.

ADDRESSES: Send or deliver written comments to Mary Lou Lindholm, 
Associate Director for Employment, Office of Personnel Management, Room 
6F08, 1900 E Street, NW., Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT: Sylvia Cole on (202) 606-0830, TDD 
(202) 606-0023, or FAX (202) 606-2329.

SUPPLEMENTARY INFORMATION: The Schedule A authority for appointing 
staff in temporary organizations was established in 1979. It permits 
agencies to fill positions on the staffs of temporary boards and 
commissions established by law or Executive order for specified periods 
not to exceed 4 years. The authority also permits appointments in 
temporary organizations established within existing agencies to perform 
work outside the agency's continuing responsibilities. Currently 
appointments can only be made at GS-15 and below.
    OPM has authority to except positions under Schedule A when 
examining for them is impracticable. Temporary boards and commissions 
established by law or Executive order need to be staffed and become 
operational immediately. The urgency of the staffing needs does not 
permit use of normal appointment procedures.
    When the authority was originally established there was no need to 
include positions above GS-15, because the executive assignments system 
covered positions at grades GS-16, 17 and 18. Under this system 
positions could be filled noncompetitively in the competitive service 
by limited executive assignments. Agencies used this authority to 
appoint individuals to temporary organizations.
    The Federal Employees Pay Comparability Act of 1990 abolished 
grades GS-16, 17, and 18, and the executive assignment system, and 
established the Senior Level system. Unlike the executive assignment 
system, the Senior Level system does not provide for noncompetitive 
time-limited appointments. Agencies, therefore, have no mechanism to 
staff temporary organizations quickly with individuals above the GS-15 
level. Removal of the GS-15 limit would restore to agencies the 
staffing flexibility they had prior to 1990.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities (including 
small businesses, small organizational units, and small governmental 
jurisdictions) because the regulations apply only to appointment 
procedures used to appoint certain employees in 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 in 5 CFR Part 213

    Government employees, Reporting and recordkeeping requirements.

U.S. Office of Personnel Management.
James B. King,
Director.
    Accordingly, OPM proposes to amend 5 CFR part 213 as follows:
    1. The authority citation for part 213 continues to read as 
follows:

    Authority: 5 U.S.C. 3301 and 3302, E.O. 10577, 3 CFR 1954-1958 
Comp., p. 218; Sec. 213.101 also issued under 5 U.S.C. 2103; 
Sec. 213.3102 also issued under 5 U.S.C. 3301, 3302, 3307, 8337(h) 
and 8456; E.O. 12364, 47 FR 22931, 3 CFR 1982 Comp., p. 185; and 
Pub. L. 103-353.

    2. In Sec. 213.3199, the first sentence of paragraph (a) and the 
introductory text in paragraph (b) are revised to read as follows:


Sec. 213.3199  Temporary organizations.

    (a) Positions on the staffs of temporary boards and commissions 
which are established by law or Executive order for specified periods 
not to exceed 4 years to perform specific projects. * * *
    (b) Positions on the staffs of temporary organizations within 
continuing agencies when all of the following conditions are met: * * *
* * * * *
[FR Doc. 96-30596 Filed 11-29-96; 8:45 am]
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