[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Rules and Regulations]
[Page 23125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11058]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 82 / Tuesday, April 29, 1997 / Rules 
and Regulations  

[[Page 23125]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR PART 300

RIN 3206-AH71


Employment (General)

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing a final 
rule to remove the requirements for agency heads to ensure that 
employees and applicants for employment at their agencies are notified 
of provisions enacted in the Hatch Act Reform Amendments of 1993 
(Reform Amendments). This act prohibited individuals from requesting, 
making, transmitting, accepting, or considering political 
recommendations in effecting personnel actions and has been superseded 
by an amendment to the Reform Amendments.

EFFECTIVE DATE: May 29, 1997.

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

SUPPLEMENTARY INFORMATION: Pursuant to section 553(b)(3)(B) of title 5, 
United States Code, the Director finds that good cause exists for 
waiving the general notice of proposed rulemaking. The notice is being 
waived because the OPM regulation at subpart H of 5 CFR part 300 has 
been superseded by statute, i.e., section 315 of Public Law 104-197.

    The Reform Amendments covered both the excepted service and career 
Senior Executive Service as well as the competitive service. Under the 
Reform Amendments, employees and applicants were prohibited from 
soliciting or requesting political recommendations, and agency 
officials were prohibited from soliciting, requesting, considering or 
accepting such recommendations. Senators, congressmen, congressional 
employees, elected State and local officials, political party 
officials, and other individuals or organizations also were prohibited 
from making or transmitting political recommendations. The Reform 
Amendments required agency officials who received political 
recommendations to return the recommendations to the persons who sent 
them, with a notation stating that the recommendations violated the 
Reform Amendments' prohibition against political recommendations.
    Under the Reform Amendments, the prohibition against political 
recommendations extended to all of the personnel actions described in 5 
U.S.C. 2302(a)(2)(A)(I)-(ix), including appointments, promotions, 
disciplinary or corrective actions, details, transfers, reassignments, 
reinstatements, restorations, reemployment, performance evaluations, 
and decisions concerning pay, benefits, or awards. Finally, the Reform 
Amendments directed OPM to promulgate regulations requiring agency 
heads to ensure that employees and applicants received notice of the 
prohibitions against political recommendations.
    Congress enacted section 315 of Public Law 104-197 on September 16, 
1996, and it became effective on October 16, 1996. Section 315 amended 
5 U.S.C. 3303 by limiting its application to examinations for, or 
appointments to, positions in the competitive service. It further 
amended section 3303 by prohibiting examining and appointing officials 
from accepting or considering congressional recommendations of 
applicants except for recommendations about an applicant's character or 
residence.
    Section 315 also amended 5 U.S.C. 2302(b)(2) by making it a 
prohibited personnel practice to solicit or consider recommendations or 
statements regarding individuals who request, or are under 
consideration for, any personnel action. The amended section 
2302(b)(2), however, permits recommendations or statements based on the 
personal knowledge or records of the person furnishing them, and 
consisting of an evaluation of the work performance, ability, aptitude, 
general qualifications, character, loyalty, or suitability of an 
individual. Finally, section 315 does not direct OPM to issue 
regulations requiring agency heads to ensure that employees and 
applicants receive notice of its provisions. Because section 315 of 
Public Law 104-197 clearly supersedes the OPM regulation at subpart H 
of 5 CFR part 300, OPM is removing subpart H from the regulation.

E.O. 12866, Regulatory Review

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

Regulatory Flexibility Act

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

List of Subjects in 5 CFR Part 300

    Freedom of Information, Government employees, Reporting and record 
keeping requirements, Selective Service System.

U.S. 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.

Subpart H--[Removed]

    2. Subpart H is removed.

[FR Doc. 97-11058 Filed 4-28-97; 8:45 am]
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