[Federal Register Volume 68, Number 174 (Tuesday, September 9, 2003)]
[Proposed Rules]
[Pages 53054-53055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22904]


 ========================================================================
 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. 68, No. 174 / Tuesday, September 9, 2003 / 
Proposed Rules  

[[Page 53054]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 300

RIN 3206-AK05


Employment (General)

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing a proposed 
regulation regarding the detail of executive branch employees to the 
legislative branch. The purpose of the revision is to set forth 
guidelines for executive branch detailees to the legislative branch.

DATES: Comments must be received on or before October 24, 2003.

ADDRESSES: Send or deliver comments to Ms. Leah M. Meisel, Deputy 
Associate Director for Talent and Capacity Policy, Office of Personnel 
Management, 1900 E Street, NW., Room 6551, Washington, DC 20415-9700; 
e-mail [email protected]; fax: (202) 606-2329.

FOR FURTHER INFORMATION CONTACT: Mr. Michael J. Mahoney by telephone on 
202-606-0960, by FAX 202-606-2329, or by TDD on 202-418-3134, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: OPM is issuing proposed regulations under 5 
U.S.C. 1103, setting forth guidelines for executive branch detailees to 
the legislative branch. The purpose of this proposed regulation is to 
maintain the separation of powers under the Constitution and prevent 
conflicts of interest among the branches and individuals involved.

Regulatory Flexibility Act

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

List of Subjects in 5 CFR Part 300

    Freedom of information, Government employees, Reporting and 
recordkeeping requirements, Selective Service System.

Office of Personnel Management.
Kay Coles James,
Director.
    Accordingly, OPM is proposing to amend part 300 of Title 5 of the 
Code of Federal Regulations as follows:

PART 300--EMPLOYMENT (GENERAL)

    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. 300.311 through 300.316 also issued under 5 U.S.C. 1103.
    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.

    2. Amend part 300 by adding Sec. Sec.  300.311 through 300.316 and 
a new center heading to read as follows:

Detail of Government Employees From the Executive Branch to the 
Legislative Branch


Sec.  300.311  Definitions.

    In this part: Agency means a military department and an executive 
agency as defined in this section;
    Employee has the same meaning as in 5 U.S.C. 2105 and a member of 
the uniformed services as defined in this section;
    Executive agency has the same meaning as in 5 U.S.C. 105, exclusive 
of the General Accounting Office;
    Military department has the same meaning as in 5 U.S.C. 102;
    OPM means The United States Office of Personnel Management;
    Uniformed Services has the same meaning as in 10 U.S.C. 101.


Sec.  300.312  Detail of executive branch employees to the legislative 
branch.

    No executive agency (agency) shall detail, assign, or otherwise 
make available an employee of such agency for the performance of 
functions within or under the supervision of the legislative branch, 
without the approval of the Director of the Office of Personnel 
Management (``Director of OPM''). The Director of OPM shall not approve 
such detail, assignment, or making available for a period exceeding 180 
days, except that, upon request from the office of the legislative 
branch to which the employee is detailed, assigned, or made available, 
the Director of OPM may approve one additional period not to exceed 180 
days.


Sec.  300.313  Approval of Details.

    The Director of OPM shall not give approval with respect to an 
employee under Sec.  300.312 unless:
    (a) The functions to be performed by the employees within or under 
the supervision of the legislative branch:
    (1) Will not involve;
    (i) A conflict with respect to present or potential differing 
interests of the executive branch and the legislative branch; or
    (ii) Any breach of applicable rules of professional conduct, 
including those governing the conduct of attorneys; and
    (2) Will not involve disclosure, or any significant risk of 
disclosure, of information within the constitutional authority of the 
Executive to withhold because disclosure could impair foreign 
relations, the national security, the deliberative processes of the 
Executive, or the performance of the Executive's constitutional duties; 
and
    (b) The detail, assignment, or making available is consistent with 
applicable law, including section 1301(a) of title 31, United States 
Code.


Sec.  300.314  Termination.

    The Director of OPM may direct the head of an agency to, and upon 
such direction, the head of such agency shall, terminate the detail, 
assignment, or making available of an employee of such agency for the 
performance of functions within or under the supervision of the 
legislative branch, whether made before or after the publication of 
this regulation in the Federal Register, when, in the Director's 
judgment after consultation with the head of the agency, the 
continuation of such detail, assignment, or making available would not 
be consistent with the criteria for approval set forth in Sec.  
300.313.


Sec.  300.315  Reporting.

    On a semi-annual basis, heads of agencies shall file a written 
report with

[[Page 53055]]

the Director of OPM describing each detail, assignment, or making 
available of an agency employee for the performance of functions within 
or under the supervision of the legislative branch.


Sec.  300.316  Effect on existing details.

    Any detail, assignment, or making available of an employee of an 
agency for the performance of functions within or under the supervision 
of the legislative branch that is in effect immediately prior to the 
publication of this regulation in the Federal Register shall terminate 
not later than January 2, 2004, unless approved by the Director of OPM 
prior to that date under Sec.  300.313.

[FR Doc. 03-22904 Filed 9-8-03; 8:45 am]
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