[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Proposed Rules]
[Page 64008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30842]


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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. 63, No. 222 / Wednesday, November 18, 1998 / 
Proposed Rules  

[[Page 64008]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 316

RIN 3206 AI45


Temporary and Term Employment

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) proposes to revise 
its regulations to provide the possibility for promotion of employees 
appointed as worker-trainees under TAPER appointments through grade GS-
4, WG-5, or equivalent grades in the Federal Wage System.

DATES: Written comments will be considered if received on or before 
December 18, 1998.

ADDRESSES: Send or deliver written comments to Mary Lou Lindholm, 
Associate Director for Employment, U.S. Office of Personnel Management, 
1900 E Street, NW., Room 6500, Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT: Diane Tyrrell, 202-606-0830, FAX 202-
606-0390, or TDD 202-606-0023.

SUPPLEMENTARY INFORMATION: In striving to meet the goals under the 
President's welfare to work initiative, Federal agencies have used the 
TAPER (temporary appointment pending the establishment of a register) 
authority as their primary appointing authority to appoint employees 
into the worker trainee program. Using this authority, the current 
regulations do not allow for promotion beyond the GS-3, WG-4 and 
equivalent level. Based on the success to date with the use of this 
authority, agencies would like more flexibility to be able to advance 
employees beyond the current limits. Currently, these employees must 
compete for other opportunities or remain at this grade level until 
completion of the three year period under the program. Agencies have 
voiced concern regarding the undue restriction of this grade level 
limitation.

Program Background

    The worker-trainee program was initiated in 1968 and was developed 
and used, at that time, extensively as a vehicle to competitively hire 
unskilled, disadvantaged workers. By 1979, activity under this program 
became very limited and as a result too costly for the Office of 
Personnel Management (OPM) to maintain registers. Rather than 
completely eliminate the program, OPM retained the worker trainee as an 
option under the TAPER authority. Today, it is once again being used 
widely in connection with the welfare to work program.

Incentive For Change

    Agencies have had positive experiences in the recruitment of 
individuals from the welfare rolls. Currently, employees who are eager 
and show an ability to excel beyond the current grade level limits of 
GS-3, WG-4 and equivalent, are forced to remain at this level. In an 
effort to provide maximum opportunity to those hired into the worker-
trainee program, while remaining consistent with the intent of the 
program, agencies have expressed interest in providing promotion 
opportunity beyond the current program limits. This enhancement would 
allow promotion beyond the GS-3, WG-4 levels when appropriate, and 
would further the overall goals of the welfare to work program.

Justification for New Limit

    While there is a need to recognize employee performance and provide 
advancement opportunity, OPM must balance this with the original intent 
of the program to provide opportunity for ``trainees'' to acquire or 
improve basic skills. This program was designed and continues to 
function as a ``trainee'' program for those individuals who are newly 
hired into government service. Based on classification standards, the 
highest grade level to which employees would be expected to advance 
under this program would be to the GS-4, WG-5 or equivalent. We 
therefore find this to be an appropriate level at which to limit 
advancement in the worker-trainee program.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it affects 
only certain Federal employees.

List of Subjects in 5 CFR Part 316

    Government employees.

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

    Accordingly, OPM is proposing to amend part 316 of title 5, Code of 
Federal Regulations, as follows:

PART 316--TEMPORARY AND TERM EMPLOYMENT

    1. The authority citation for part 316 continues to read as 
follows:

    Authority: 5 U.S.C. 3301, 3302: E.O. 10577, 3 CFR 1954-1958 
Comp., p. 218.

Subpart B--TAPER Employment

    2. Section Sec. 316.201 paragraph (b) is revised to read as 
follows:


Sec. 316.201  Purpose and duration.

* * * * *
    (b) Specific authority for Worker-Trainee positions. Agencies may 
make TAPER appointments to positions at GS-1, WG-1 and WG-2 and may 
reassign or promote the appointees to other positions through grade GS-
4, WG-5, or equivalent grades in the Federal Wage System consistent 
with Sec. 330.501 of this chapter. Agencies are authorized to reassign 
or promote Worker-Trainees under this authority.
[FR Doc. 98-30842 Filed 11-17-98; 8:45 am]
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