[Federal Register: November 25, 2002 (Volume 67, Number 227)]
[Proposed Rules]
[Page 70559-70561]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25no02-20]
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Proposed Rules
Federal Register
________________________________________________________________________
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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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 960
RIN 3206-AJ68
Federal Executive Boards
AGENCY: Office of Personnel Management.
ACTION: Proposed rule.
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SUMMARY: The Office of Personnel Management (OPM) is proposing to
revise its regulations governing Federal Executive Boards. The proposed
regulations are intended to make the regulations concerning the Boards
consistent with the current OPM structure and not to make substantive
changes.
DATES: Comments must be submitted on or before January 24, 2003.
ADDRESSES: Send or deliver written comments to Paula L. Bridgham,
Director for Federal Executive Board Operations U.S. Office of
Personnel Management, Room 5524, 1900 E Street, NW, Washington, DC
20415: (FAX: (202) 606-3350 or e-mail: plbridgh@opm.gov).
FOR FURTHER INFORMATION CONTACT: Paula L. Bridgham, Director for
Federal Executive Board Operations, U.S. Office of Personnel
Management, (202) 606-1000; FAX: (202) 606-3350 or e-mail:
plbridgh@opm.gov.
SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is
proposing to revise its current regulations concerning Federal
Executive Boards. The purpose of this revision to part 960 is not to
make substantive changes but, rather, to make part 960 more readable
and consistent with current OPM structure. For example, we have deleted
or revised repetitive and duplicative sections, updated titles and
locations of agency officials, and made other simplifying changes.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because the
effects are limited primarily to federal employees and other entities
doing business with OPM.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
List of Subjects in 5 CFR Part 960
Organization and functions (Government agencies).
Office of Personnel Management.
Kay Coles James,
Director.
Accordingly, OPM is proposing to revise part 960 of title 5 of the
Code of Federal Regulations as follows:
PART 960--FEDERAL EXECUTIVE BOARDS
Sec.
960.101 Definitions.
960.102 What is the authority and status for Federal Executive
Boards?
960.103 Where are Federal Executive Boards located?
960.104 Who are members of Federal Executive Boards?
960.105 How are Federal Executive Boards organized?
960.106 What is the Office of Personnel Management's leadership
role?
960.107 What are the authorized activities of Federal Executive
Boards?
960.108 Are there additional rules and directives for Federal
Executive Boards?
Authority: Memorandum of the President for Heads of Departments
and Agencies (November 10, 1961).
Sec. 960.101 Definitions.
For purposes of this part:
The term Director means the Director of the United States Office of
Personnel Management.
The term Executive agency means a department, agency, or
independent establishment in the Executive Branch.
The term metropolitan area means a geographic zone surrounding a
major city, as defined by the Director.
The term principal area officer means, with respect to an Executive
agency, the senor official of the Executive agency who is located in a
metropolitan area and who has no superior official within that
metropolitan area other than in the Regional Office of the Executive
agency. Where an Executive agency maintains facilities of more than one
bureau or other subdivision within the metropolitan area, and where the
heads of those facilities are in separate chains of command within the
Executive agency, then the a may have more than one principal area
officer.
The term principal regional officer means, with respect to an
Executive agency, the senior official in a Regional Office of the
Executive agency.
The term special representative means, with respect to an Executive
agency, an official who is not subject to the supervision of a
principal regional officer or a principal area officer and who is
specifically designated by the head of the Executive agency to serve as
the personal representative of the head of the Executive agency.
Sec. 960.102 What is the authority and status for Federal Executive
Boards?
Federal Executive Boards are established by direction of the
President in order to strengthen the management and administration of
Executive Branch activities in selected centers of field operations.
Federal Executive Boards are organized and function under the authority
of the Director.
Sec. 960.103 Where are Federal Executive Boards located?
There are Federal Executive Boards in the following metropolitan
areas: Albuquerque-Santa Fe, Atlanta, Baltimore, Boston, Buffalo,
Chicago, Cincinnati, Cleveland, Dallas-Fort Worth, Denver, Detroit,
Honolulu, Houston, Kansas City, Los Angeles, Miami, Minneapolis-St.
Paul, New Orleans, New York, Newark, Oklahoma City, Philadelphia,
Pittsburgh, Portland, St. Louis, San Antonio, San Francisco, and
Seattle. The Director may dissolve, merge, divide or expand any of the
existing Federal Executive Boards, or establish new Federal Executive
Boards.
Sec. 960.104 Who are members of Federal Executive Boards?
(a) Presidential Directive. The President directed the heads of
agencies to arrange for the leading officials of their respective
agencies' field activities to participate personally in the work of
Federal Executive Boards.
(b) Members. The head of every Executive agency shall designate, by
title of office, the principal regional
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officer, if any, and the principal area officer or officers, if any,
who shall represent the agency on each Federal Executive Board; and by
name and title of office, the special representative, if any, who shall
represent the head of the agency on each Federal Executive Board. Such
designations shall be made in writing and transmitted to the Director,
and may be transmitted through the Chairs of the Federal Executive
Boards. Designations may be amended at any time by the head of the
Executive agency.
(c) Alternate Members. Each member of a Federal Executive Board may
designate an alternate member, who shall attend meetings and otherwise
serve in the absence of the member. An alternate member shall be the
deputy or principal assistant to the member or another senior official
of the member's organization.
Sec. 960.105 How are Federal executive Boards organized?
(a) Bylaws. A Federal Executive Board shall adopt bylaws or other
rules for its internal governance, subject to the approval of the
Director. Such bylaws and other rules may reflect the particular needs,
resources, and customs of each Federal Executive Board, provided that
they are not inconsistent with the provisions of this part or with the
directives of the President or the Director. To the extent that such
bylaws and other rules conflict with these provisions or the directives
of the President or the Director, such bylaws and other rules shall be
null and void.
(b) Chair. Each Federal Executive Board shall have a Chair, who
shall be elected by the members from among their number, and who shall
serve for a term of office not to exceed 1 year.
(c) Staff. As they deem necessary, members shall designate
personnel from their respective organizations to serve as the staff or
participate in the activities of the Federal Executive Board. Other
personnel may serve as staff of a Federal Executive Board only with the
approval of the Director.
(d) Unless otherwise expressly provided by law, by directive of the
President or the Director, or by the bylaws of the Federal Executive
Board, every committee, subcommittee, council, and other sub-unit of
the Federal Executive Board, and every affiliation of the Federal
Executive Board with external organizations, shall expire upon
expiration of the term of office of the Chair. Such a committee,
subcommittee, council, other sub-unit, or affiliation may be
reestablished or renewed by affirmative action of the Federal Executive
Board.
(e) Board Actions. A Federal Executive Board shall take actions
only with the approval of a majority of the members thereof. This
authority may not be delegated. All activities of a Federal Executive
Board shall conform to applicable laws and shall reflect prudent uses
of official time and funds.
Sec. 960.106 What is the Office of Personnel Management's leadership
role?
(a) Role of the Director. The Director is responsible to the
President for the organizational and programmatic activities of the
Federal Executive Boards. The Director shall direct and oversee the
operations of Federal Executive Boards consistent with law and with the
directives of the President. The Director may consult with the Chairs,
members, and staff of the Federal Executive Boards.
(b) Communications. The Office of Personnel Management shall
maintain a channel of communication from the Director through the
Director for Federal Executive Board Operations to the Chairs of the
Federal Executive Boards. Any Executive agency may communicate with the
Director and wit the Federal Executive Boards. Chairs of Federal
Executive Boards may communicate with the Director on recommendations
for action at the national level, on significant management problems
that cannot be addressed at the local level, and on other matters of
interest to the Executive Branch.
(c) Reports. Each Federal Executive Board shall transmit to the
Director an annual strategic plan and an annual report, signed by the
Chair, describing the significant programs and activities of the
Federal Executive Board in each fiscal year. Each strategic plan shall
set forth the proposed general agenda for the succeeding fiscal year.
The strategic plan shall be subject to the approval of the Director.
Each annual report shall describe and evaluate the preceding fiscal
year's activities. Annual reports shall be submitted on or before
January 1 and annual strategic plans shall be submitted on or before
July 1. In addition, members of Federal Executive Boards shall keep the
headquarters of their respective Executive agencies informed of their
activities by timely reports through appropriate agency channels.
(d) Conferences. The Director may convene regional and national
conferences of Chairs and other representatives of Federal Executive
Boards.
Sec. 960.107 What are the authorized activities of Federal Executive
Boards?
(a) Each Federal Executive Board serves as an instrument of
outreach for the national headquarters of the Executive Branch in the
metropolitan area. Each Federal Executive Board shall consider common
management and program problems and develop cooperative arrangements
that promote the general objectives of the Government and of the
several Executive agencies in the metropolitan area. Efforts of
members, alternates, and staff in those areas shall be made with the
guidance and approval of the Director; within the range of the
delegated authority and discretion they hold; within the resources
available; and consistent with the missions of the Executive agencies
involved.
(b) Each Federal Executive Board shall:
(1) Provide a forum for the exchange of information between
Washington and the field, and among field elements in the metropolitan
area, about programs and management methods and issues;
(2) Develop local coordinated approaches to the development and
operation of programs that have common characteristics;
(3) Communicate management initiatives and other concerns from
Washington to the field to achieve mutual understanding and support;
and
(4) Refer problems that cannot be solved locally to the national
level.
(c) Subject to the guidance of the Director, the Federal Executive
Boards shall provide local leadership and coordination for:
(1) Presidential initiatives on management reforms; personnel
initiatives of the Office of Personnel Management; programs of the
Office of Management and Budget and the General Services
Administration;
(2) The local Combined Federal Campaign, under the direction of the
Director;
(3) The sharing of technical knowledge and resources in finance,
internal auditing, personnel management, information technology,
interagency use of training and meeting facilities, and similar
commonly beneficial activities;
(4) The pooling of resources to provide, as efficiently as
possible, and at the least possible cost to the taxpayers, common
services such as cardiopulmonary resuscitation (CPR) training,
preventive health programs, child care and elder care activities, blood
donor programs, and savings bond drives;
(5) Encouragement of employee initiative and better performance
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through special recognition and other incentive programs, and provision
of assistance in the implementation and upgrading of performance
management systems;
(6) Emergency operations, such as under hazardous weather
conditions and natural or man-made disasters; responding to blood
donation needs; and communicating related leave policies;
(7) Recognition of the service of American Veterans and
dissemination of information relating to programs and benefits
available for veterans in the Federal service; and
(8) Other programs, projects, and operations as approved by the
Director.
(d) The Office of Personnel Management shall advise Federal
Executive Boards on activities in the areas of performance appraisal
and incentives, interagency training programs, the educational
development of Government employees, improvement of labor-management
relations, equal employment opportunity, the Federal Women's Program,
the Federal Equal Opportunity Recruitment Program, the Hispanic
Employment Program, the Veterans Employment Program, and selective
placement programs for individuals with disabilities.
(e) The Director may direct one or more of the Federal Executive
Boards to address specific programs or undertake cooperative
activities.
Sec. 960.108 Are there additional rules and directives for Federal
Executive Boards?
The Director may issue additional rules, guidance, and directives
to the Federal Executive Boards.
[FR Doc. 02-29848 Filed 11-22-02; 8:45 am]
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