[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Proposed Rules]
[Page 70915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27834]


 ========================================================================
 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. 73, No. 227 / Monday, November 24, 2008 / 
Proposed Rules  

[[Page 70915]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 337

RIN 3206-AL51


Examining System

AGENCY: U.S. Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing a 
proposed regulation to amend its direct-hire authority regulations. The 
amendment is necessary to incorporate a statutory extension of direct-
hire authority for certain acquisition positions.

DATES: Comments must be received on or before January 23, 2009.

ADDRESSES: Send, deliver or fax comments to Angela Bailey, Deputy 
Associate Director for Talent and Capacity Policy, U.S. Office of 
Personnel Management, Room 6551, 1900 E Street, NW., Washington, DC 
20415-9700; e-mail at [email protected]; or fax at (202) 606-2329. 
Comments may be sent through the Federal eRulemaking Portal at: http://www.regulations.gov. All submissions received through the Portal must 
include the agency name and docket number or Regulation Identifier 
Number (RIN) for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Darlene Phelps at (202) 606-0960, by 
fax at (202) 606-2329, TDD at (202) 418-3134, or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: On September 12, 2006, OPM published a final 
rule at 71 FR 53545 to implement the Service Acquisition Reform Act, 
section 1413 of Public Law 108-136. This Act allowed department and 
agency heads (other than the Secretary of Defense) to determine, under 
regulations prescribed by OPM, when certain Federal acquisition 
positions are shortage category positions for purposes of direct-hire 
authority. The Federal acquisition positions covered by section 1413 
are listed in section 433(g)(1)(A) of title 41, United States Code. The 
authority under section 1413 expired on September 30, 2007.
    In the National Defense Authorization Act for Fiscal Year 2008 
(NDAA 2008), Public Law 110-181, Congress extended the direct-hire 
authority for acquisition positions under section 1413 of Public Law 
108-136 through September 30, 2012. NDAA 2008, however, did not extend 
section 1413's reporting requirements.
    OPM is amending its regulations to:
    a. Update the legal authority citation for section 337.204(c) with 
section 1413(a) of Public Law 108-136, as amended by section 853 of 
Public Law 110-181;
    b. Update section 337.206(d) to provide that agencies may not make 
new appointments under this authority after September 30, 2012; and
    c. Remove the reporting requirements for this authority currently 
contained in 5 CFR 337.206(e).

Agencies must comply with public notice requirements prescribed in 5 
U.S.C. 3327 and 3330, and 5 CFR part 330, subpart G, with respect to 
these positions. To comply with public notice requirements, agencies 
must post a job announcement on OPM's USAJOBS Web site when filling 
jobs under direct-hire authority.

E.O. 12866, Regulatory Review

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

Regulatory Flexibility Act

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

List of Subjects in 5 CFR Part 337

    Government employees.

U.S. Office of Personnel Management.
Michael W. Hager,
Acting Director.
    Accordingly, the Office of Personnel Management proposes to amend 5 
CFR part 337 as follows:

PART 337--EXAMINING SYSTEM

    1. Revise the authority citation for part 337 to read as follows:

    Authority: 5 U.S.C. 1104(a)(2), 1302, 2302, 3301, 3302, 3304, 
3319, 5364; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218; 33 FR 12423, 
Sept. 4, 1968; 45 FR 18365, Mar. 21, 1980; 116 Stat. 2290, sec. 1413 
of Pub. L. 108-136 (117 Stat. 1665), as amended by sec. 853 of Pub. 
L. 110-181 (122 Stat. 250).

Subpart B--Direct Hire Authority

    2. Revise paragraph (c) of Sec.  337.204 to read as follows:


Sec.  337.204  Severe shortage of candidates.

* * * * *
    (c) A department or agency head (other than the Secretary of 
Defense) may determine, pursuant to section 1413(a) of Public Law 108-
136, as amended by section 853 of Public Law 110-181, that a shortage 
of highly qualified candidates exists for certain Federal acquisition 
positions (covered under section 433(g)(1)(A) of title 41, United 
States Code). To make such a determination, the deciding agency 
official must use the supporting evidence prescribed in 5 CFR 
337.204(b)(1)-(8) and must maintain a file of the supporting evidence 
for documentation and reporting purposes.
    3. Revise paragraph (d) of Sec.  337.206 to read as follows:


Sec.  337.206  Terminations, modification, extensions, and reporting.

* * * * *
    (d) No new appointments may be made under the provisions of section 
1413 of Public Law 108-136 after September 30, 2012.
    4. Remove paragraph (e) of Sec.  337.206.

[FR Doc. E8-27834 Filed 11-21-08; 8:45 am]
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