[Federal Register Volume 69, Number 120 (Wednesday, June 23, 2004)]
[Rules and Regulations]
[Page 34911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14299]



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  Federal Register / Vol. 69, No. 120 / Wednesday, June 23, 2004 / 
Rules and Regulations  

[[Page 34911]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 230, 301, 316, 337, and 410

RIN 3206-AJ99


Organization of the Government for Personnel Management, Overseas 
Employment, Temporary and Term Employment, Recruitment and Selection 
for Temporary and Term Appointments Outside the Register, Examining 
System, and Training

AGENCY: Office of Personnel Management.

ACTION: Final rule; correction.

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SUMMARY: The Office of Personnel Management (OPM) is correcting the 
effective date of the final rule published on Tuesday, June 15, 2004, 
at 69 FR 33271. This final rule is effective on June 15, 2004, not on 
July 15, 2004, as published. In light of this correction, included 
below is supplementary information explaining the need for this 
effective date. This final rule revised regulations that provide 
agencies with: the ability to appoint qualified candidates for 
positions in the competitive service using direct-hire procedures; 
increased flexibility in assessing applicants using alternative 
(category-based) rating and selection procedures; the authority to pay 
or reimburse the costs of academic degree training from appropriated or 
other available funds under specified conditions; and increased 
flexibility to use academic degree training to address agency-specific 
human capital requirements and objectives. In addition, OPM is 
correcting the contact information by providing the correct email 
address for Mr. Larry Lorenz.

EFFECTIVE DATE: The effective date of the final rule published in the 
Federal Register on Tuesday, June 15, 2004, at 69 FR 33271, is 
corrected to read June 15, 2004.

FOR FURTHER INFORMATION CONTACT: On alternative rating and selection 
procedures, Ms. Linda Watson by telephone at (202) 606-0830, fax at 
(202) 606-2329 or by e-mail at [email protected]. On direct-hire 
authority, emergency indefinite appointments, overseas employment, 
TAPER, and outside the register appointments, Mr. Larry Lorenz by 
telephone at (202) 606-0830, fax at (202) 606-2329 or by e-mail at 
[email protected]. On academic degree training, Ms. LaVeen M. Ponds by 
telephone at (202) 606-1394, fax at (202) 606-2329 or by e-mail at 
[email protected]. Ms. Watson, Mr. Lorenz, and Ms. Ponds may also be 
contacted by TTY at (202) 418-3134.

SUPPLEMENTARY INFORMATION: 

Waiver of Delay of Effective Date

    Pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists to 
waive the delay in effective date and make these regulations effective 
in less than 30 days. The delay in the effective date is being waived 
because the program changes do not mandate but will give agencies 
needed flexibilities to recruit, hire and retain high quality 
candidates quickly and effectively to respond to changing and critical 
mission requirements. The General Accounting Office has designated 
strategic human capital management as a Governmentwide high-risk area 
citing serious human capital shortfalls that erode the ability of 
agencies to ``economically, efficiently and effectively perform their 
missions.'' The President's Management Agenda calls for agencies to 
``flatten the Federal hierarchy, reduce the time to make decisions, and 
increase the number of employees that provide services to citizens. The 
reform also will pursue targeted civil service reforms, such as 
performance-based compensation and management flexibilities to recruit, 
retain, and reward a high-quality workforce.'' With 50% of Federal 
employees eligible for retirement in the coming years, agencies must 
have contemporary, flexible tools for workforce management. Recent 
media articles have highlighted the public perception that getting a 
Federal job takes too long and is far too complicated. The Government 
needs the very best applicants; in turn applicants deserve a 
streamlined, understandable application process. These changes will 
accommodate that need.
    None of the three flexibilities proposed by these regulations is 
new or untried. In fact, category rating has been used successfully by 
some agencies for a decade or more under demonstration authority and 
enabling legislation. Studies of category rating as implemented by the 
Department of Agriculture indicate that employment of veterans 
increases and diversity is not reduced. Private-sector companies 
routinely use tuition payment as a strategy to attract and retain high 
quality employees.
    These flexibilities were proposed after broad consultation with a 
variety of stakeholders including employees, managers and the human 
resources community. They long have been advocated by numerous public 
and private groups including the Merit Systems Protection Board and the 
Partnership for Public Service as forward thinking, solid human capital 
strategies that should be available Governmentwide rather that to a few 
select agencies.
    Direct hire, in particular, is critical if agencies are to respond 
effectively to the needs of the Nation. With a nationwide shortage of 
nurses and other healthcare workers, the Government must be able to 
move quickly and efficiently to hire excellent candidates--direct hire 
would provide that flexibility. Without it, the staffing to provide 
care to veterans and others in Federal medical facilities is 
diminished. Similarly, the critical need to hire talented, highly 
skilled workers to respond to a national crisis including an 
environmental threat such a raging wildfire can not be left to 
traditional hiring methods designed decades ago.
    The alternatives provided by these regulations are not mandatory, 
but may be used strategically by agencies to improve the management of 
human capital, to meet mission requirements and to respond to the 
President's call for a Government that is citizen focus and results 
oriented. There is a compelling need to continue these flexibilities 
without delay.

Office of Personnel Management.
Kay Coles James,
Director.
[FR Doc. 04-14299 Filed 6-21-04; 10:17 am]
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