[Federal Register Volume 63, Number 158 (Monday, August 17, 1998)]
[Rules and Regulations]
[Page 43867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21943]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 158 / Monday, August 17, 1998 / Rules 
and Regulations  

[[Page 43867]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 293 and 410

RIN 3206-AH94


Personnel Records and Training

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing final 
regulations governing personnel records and Federal employee training. 
The regulations amend a statement about maintaining individual employee 
training records and clarify agency authority for training employees 
outside the United States.

DATES: This rule becomes effective on September 16, 1998.

FOR FURTHER INFORMATION CONTACT: For 5 CFR Part 293 information: Linda 
Brick on 202-606-1126, fax 202-606-1719, or email [email protected]. For 
5 CFR 410 information: Judith Lombard on 202-606-2431, fax 202-606-
2394, or email [email protected].

SUPPLEMENTARY INFORMATION: OPM published proposed regulations in the 
April 1, 1998, Federal Register (63 FR 15787) for a 60-day public 
comment period. Comments were received from six sources. Three 
specifically addressed the change in 5 CFR Sec. 293.403(b)(3); none 
specifically addressed the proposal to add a section to 5 CFR part 410 
clarifying agency authority for training employees outside the 
continental United States; two favorable comments addressed the entire 
proposed regulatory change, and one agency responded with no comment.
    (1) Training Records. Two agencies and an individual commented 
specifically on the proposed rule to remove a parenthetical sentence in 
5 CFR Sec. 293.403(b)(3) (47 FR 3080). The parenthetical sentence 
provides for records of training of 8 hours or more to be placed in an 
employee's Official Personnel File. The two agencies agreed with 
deleting the sentence. The individual objected, commenting that 
training records should be maintained as official records in an 
employee's Official Personnel File.
    Since publication of the U.S. Office of Personnel Management Guide 
to Personnel Recordkeeping, March 15, 1996, (available from the 
Superintendent of Documents, U.S. Government Printing Office, or from 
the U.S. Office of Personnel Management's website at http://
www.opm.gov/feddata/html/opf.htm), training documents are no longer 
maintained as permanent records in an employee's Official Personnel 
Folder. Since the parenthetical sentence in 5 CFR Sec. 293.403(b)(3) 
refers to a non-existent recordkeeping requirement, and is no longer 
accurate, we believe it needs to be deleted.
    (2) Training Outside the United States. No comments were received 
specifically on the proposed rule to add a section on training outside 
the continental United States clarifying agency authority in this area. 
Two agencies, responding to the proposed rule in its entirety, 
supported the addition. A new section, designated as 5 CFR 
Sec. 410.302(f), will be added to 5 CFR part 410 and will read as 
follows:

    The head of each agency shall prescribe procedures, as 
authorized by section 402 of Executive Order No. 11348, for 
obtaining U.S. Department of State advice before assigning an 
employee who is stationed within the continental limits of the 
United States to training outside the continental United States that 
is provided by a foreign government, international organization, or 
instrumentality of either.

Regulatory Flexibility Act

    I certify that these regulations will not have significant economic 
impact on a substantial number of small entities because they affect 
only Federal employees and agencies.

List of Subjects

5 CFR Part 293

    Archives and records, Freedom of information, Government employees, 
Health records, and Privacy.

5 CFR Part 410

    Education, Government employees.

U.S. Office of Personnel Management.
Janice R. Lachance,
Director.

    Accordingly, the Office of Personnel Management is amending 5 CFR 
Part 293 and 5 CFR Part 410 as follows:

PART 293--PERSONNEL RECORDS

Subpart D--Employee Performance File System Records

    1. The authority citation for subpart D of 5 CFR Part 293 continues 
to read as follows:

    Authority: 5 U.S.C. 552a and 5 U.S.C. 4305 and 4315; E.O. 12107 
(December 28, 1978); 5 U.S.C. 1103, 1104, and 1302; 3 CFR 1954-1958 
Compilation; 5 CFR 7.2; E.O. 9830, 3 CFR 1943-1948 Compilation.


Sec. 293.403  [Amended]

    2. Section 293.403 paragraph (b)(3) is amended by removing the 
parenthetical sentence.

PART 410--TRAINING

    3. The authority citation for part 410 continues to read as 
follows:

    Authority: 5 U.S.C. 4101, et seq.; E.O. 11348, 3 CFR, 1967 
Comp., p. 275.

    4. Section 410.302 is amended by adding a new paragraph (f) to read 
as follows:


Sec. 410.302  Responsibilities of the head of an agency.

* * * * *
    (f) The head of each agency shall prescribe procedures, as 
authorized by section 402 of Executive Order No. 11348, for obtaining 
U.S. Department of State advice before assigning an employee who is 
stationed within the continental limits of the United States to 
training outside the continental United States that is provided by a 
foreign government, international organization, or instrumentality of 
either.

[FR Doc. 98-21943 Filed 8-14-98; 8:45 am]
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