[Federal Register Volume 59, Number 247 (Tuesday, December 27, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-31642] Federal Register / Vol. 59, No. 247 / Tuesday, December 27, 1994 / [[Page Unknown]] [Federal Register: December 27, 1994] VOL. 59, NO. 247 Tuesday, December 27, 1994 OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 300 RIN 3206-AF80 Employment (General) AGENCY: Office of Personnel Management. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Office of Personnel Management (OPM) is amending its regulations to reflect that agency heads must ensure that employees and applicants for employment at their agencies are notified of the provisions in the Hatch Act Reform Amendments of 1993, which prohibit individuals from requesting, making, transmitting, accepting, or considering political recommendations in effecting personnel actions. EFFECTIVE DATE: January 26, 1995. FOR FURTHER INFORMATION CONTACT: Jo-Ann Chabot, (202) 606-1700. SUPPLEMENTARY INFORMATION: Section 8 of the Hatch Act Reform Amendments of 1993, Pub. L. 103-94, amended section 3303 of title 5, United States Code, to expand and strengthen the prohibition against political recommendations in examinations and appointments. Although section 3303 was limited to prohibiting political recommendations in connection with examinations for, or appointments to, positions in the competitive service, the amended section 3303 includes other personnel actions as well. It defines ``personnel action'' as any action described in 5 U.S.C. 2302(a)(2)(A)(i)-(ix), including appointments, promotions, disciplinary or corrective actions, details, transfers, reassignments, reinstatements, restorations, reemployments, performance evaluations, and decisions concerning pay, benefits, or awards. The amended section 3303 provides for OPM to issue regulations requiring agency heads to ensure that employees and applicants are notified of its provisions. On February 22, 1994, OPM issued its proposal to amend 5 CFR part 300 by adding a new subpart H which would require agency heads to ensure that applicants and employees are notified of the provisions of 5 U.S.C. 3303, as amended. OPM's proposal also listed strategies for issuing notifications, but noted that the list is not exclusive and gives agency officials the discretion to consider and implement other means of notification. OPM received comments from three Federal agencies and one Federal employee organization about the proposed regulations. One Federal agency commented that placing additional administrative requirements on Federal agencies appears to be inconsistent with the intent of the National Performance Review recommendations to streamline the Federal government and reduce funding, spending, and reporting requirements. The agency suggested that OPM explore other alternatives for complying with the Reform Amendments, such as issuing instructions to agencies to disregard political recommendations received incident to personnel actions and to notify the alleged offenders accordingly. The amended 5 U.S.C. 3303 provides that ``[u]nder regulations prescribed by the Office of Personnel Management, the head of each agency shall ensure that employees and applicants are given notice of the provisions of this section.'' Section 3303, as amended, clearly contemplates that OPM shall issue the specified regulations; it does not give OPM any discretion to select an alternate method of requiring agency heads to notify employees and applicants of the prohibition against soliciting, making, receiving, or accepting political recommendations. Therefore, OPM cannot adopt the suggestion to explore other alternatives for complying with the regulatory mandate in 5 U.S.C. 3303, as amended. Moreover, OPM's regulations are consistent with the spirit and intent of the National Performance Review recommendations. In recognition of these recommendations, OPM has left to each agency head the discretion to select the methods of notification which most suit the needs of his or her own agency. Subsection (h) of the amended section 3303 specifically provides that the prohibition recommendations does not affect the right of an employee under 5 U.S.C. 7211 to petition Congress. A second Federal agency suggested that OPM provide examples in its regulations to show what would be included or excluded under the statutory right to petition Congress. OPM has already provided agencies with written guidance on the amended section 3303, and will provide further guidance should the need arise. Therefore, OPM believes it is not necessary to include such examples in its regulations. The third Federal agency suggested that OPM note in its regulations that subsection (f)(2) of the amended section 3303 permits recommendations which are based solely on the character of an employee or applicant. OPM does not believe that it is necessary to include this provision in its regulations because the provision already is stated in the controlling statute. The agency further suggested that, in section 300.801 of the regulation, OPM replace the word ``effecting'' with ``affecting.'' OPM intended that Sec. 300.801 would relate to ``effecting'' or bringing about personnel actions, rather than to ``affecting'' or influencing such actions. Therefore, OPM does not intend to revise the proposed Sec. 300.801 in the manner suggested. Finally, one Federal employee organization commented that OPM's regulatory proposal is fully supported by the applicable provisions of law. Section 3303, as amended, specifically authorizes OPM to promulgate regulations requiring agency heads to ensure that employees and applicants receive notice of its provisions. Therefore, OPM is amending Part 300 by adding a new Subpart H-Notification Requirements Relating to the Statutory Prohibitions on Political Recommendations in Personnel Actions. Section 300.801 of the new Subpart H states that agency heads must ensure that applicants and employees are notified of the provisions of 5 U.S.C. 3303, as amended. Section 300.802 lists strategies for issuing notifications, but also specifies that the list is not exclusive and gives agency officials the discretion to consider and implement other means of notification. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they relate to internal personnel matters within the Federal Government. E.O. 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with E.O. 12866. List of Subjects in 5 CFR Part 300 Freedom of information, Government employees, Reporting and recordkeeping requirements, Selective Service System. Office of Personnel Management. James B. King, Director. Accordingly, the Office of Personnel Management is amending 5 CFR Part 300 as follows: PART 300--[AMENDED] 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. 300.401 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. Secs. 300.801 through 300.802 issued under 5 U.S.C. 3303(e). 2. Subpart H is added to part 300 to read as follows: Subpart H--Notification Requirements Relating to the Statutory Prohibitions on Political Recommendations Sec. 300.801 Notification of employees and applicants. 300.802 Methods of notification. Subpart H--Notification Requirements Relating to the Statutory Prohibitions on Political Recommendations Sec. 300.801 Notification of employees and applicants. The head of an agency, as defined in 5 U.S.C. 3303(a)(1), shall ensure that employees of, and applicants for, employment with the agency are notified of the provisions of 5 U.S.C. 3303 concerning political recommendations in effecting personnel actions. Sec. 300.802 Methods of notification. Methods of notifying employees and applicants of these provisions include, but are not limited to: (a) Posters displayed in prominent places throughout the agency; (b) Pamphlets for distribution to employees and applicants; (c) Notices printed on vacancy announcements or posted on computer bulletin boards; or (d) Notices printed on application forms, examinations, or each employment form used in connection with appointment actions. [FR Doc. 94-31642 Filed 12-23-94; 8:45 am] BILLING CODE 6325-01-M