Excepted ServiceSchedule A Authority for Temporary Organizations

SUMMARY: The Office of Personnel Management (OPM) proposes to amend the

Schedule A excepted service appointing authority used by agencies to

fill positions in temporary organizations at GS-15 and below. These

regulations would delete the maximum grade level limitation to permit

agencies to make such appointments also to Senior Level positions.

DATES: Comments must be received on or before January 31, 1997.

ADDRESSES: Send or deliver written comments to Mary Lou Lindholm,

Associate Director for Employment, Office of Personnel Management, Room

6F08, 1900 E Street, NW., Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT: Sylvia Cole on (202) 606-0830, TDD

(202) 606-0023, or FAX (202) 606-2329.

SUPPLEMENTARY INFORMATION: The Schedule A authority for appointing

staff in temporary organizations was established in 1979. It permits

agencies to fill positions on the staffs of temporary boards and

commissions established by law or Executive order for specified periods

not to exceed 4 years. The authority also permits appointments in

temporary organizations established within existing agencies to perform

work outside the agency's continuing responsibilities. Currently

appointments can only be made at GS-15 and below.

OPM has authority to except positions under Schedule A when

examining for them is impracticable. Temporary boards and commissions

established by law or Executive order need to be staffed and become

operational immediately. The urgency of the staffing needs does not

permit use of normal appointment procedures.

When the authority was originally established there was no need to

include positions above GS-15, because the executive assignments system

covered positions at grades GS-16, 17 and 18. Under this system

positions could be filled noncompetitively in the competitive service

by limited executive assignments. Agencies used this authority to

appoint individuals to temporary organizations.

The Federal Employees Pay Comparability Act of 1990 abolished

grades GS-16, 17, and 18, and the executive assignment system, and

established the Senior Level system. Unlike the executive assignment

system, the Senior Level system does not provide for noncompetitive

time-limited appointments. Agencies, therefore, have no mechanism to

staff temporary organizations quickly with individuals above the GS-15

level. Removal of the GS-15 limit would restore to agencies the

staffing flexibility they had prior to 1990.

Regulatory Flexibility Act

I certify that these regulations will not have a significant

economic impact on a substantial number of small entities (including

small businesses, small organizational units, and small governmental

jurisdictions) because the regulations apply only to appointment

procedures used to appoint certain employees in Federal agencies.

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 213

Government employees, Reporting and recordkeeping requirements.

U.S. Office of Personnel Management.

James B. King,

Director.

Accordingly, OPM proposes to amend 5 CFR part 213 as follows:

1. The authority citation for part 213 continues to read as

follows:

Authority: 5 U.S.C. 3301 and 3302, E.O. 10577, 3 CFR 1954-1958

Comp., p. 218; Sec. 213.101 also issued under 5 U.S.C. 2103;

Sec. 213.3102 also issued under 5 U.S.C. 3301, 3302, 3307, 8337(h)

and 8456; E.O. 12364, 47 FR 22931, 3 CFR 1982 Comp., p. 185; and

Pub. L. 103-353.

2. In Sec. 213.3199, the first sentence of paragraph (a) and the

introductory text in paragraph (b) are revised to read as follows:

Sec. 213.3199 Temporary organizations.

(a) Positions on the staffs of temporary boards and commissions

which are established by law or Executive order for specified periods

not to exceed 4 years to perform specific projects. * * *

(b) Positions on the staffs of temporary organizations within

continuing agencies when all of the following conditions are met: * * *

* * * * *

[FR Doc. 96-30596 Filed 11-29-96; 8:45 am]

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