[Federal Register: June 23, 2004 (Volume 69, Number 120)]
[Rules and Regulations]
[Page 34911]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn04-1]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
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[[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 lmwatson@opm.gov. 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
ltlorenz@opm.gov. On academic degree training, Ms. LaVeen M. Ponds by
telephone at (202) 606-1394, fax at (202) 606-2329 or by e-mail at
lmponds@opm.gov. 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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