Personnel Records and Training

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 293 and 410

RIN 3206-AH94

Personnel Records and Training

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing final

regulations governing personnel records and Federal employee training.

The regulations amend a statement about maintaining individual employee

training records and clarify agency authority for training employees

outside the United States.

DATES: This rule becomes effective on September 16, 1998.

FOR FURTHER INFORMATION CONTACT: For 5 CFR Part 293 information: Linda

Brick on 202-606-1126, fax 202-606-1719, or email [email protected]. For

5 CFR 410 information: Judith Lombard on 202-606-2431, fax 202-606-

2394, or email [email protected].

SUPPLEMENTARY INFORMATION: OPM published proposed regulations in the

April 1, 1998, Federal Register (63 FR 15787) for a 60-day public

comment period. Comments were received from six sources. Three

specifically addressed the change in 5 CFR Sec. 293.403(b)(3); none

specifically addressed the proposal to add a section to 5 CFR part 410

clarifying agency authority for training employees outside the

continental United States; two favorable comments addressed the entire

proposed regulatory change, and one agency responded with no comment.

(1) Training Records. Two agencies and an individual commented

specifically on the proposed rule to remove a parenthetical sentence in

5 CFR Sec. 293.403(b)(3) (47 FR 3080). The parenthetical sentence

provides for records of training of 8 hours or more to be placed in an

employee's Official Personnel File. The two agencies agreed with

deleting the sentence. The individual objected, commenting that

training records should be maintained as official records in an

employee's Official Personnel File.

Since publication of the U.S. Office of Personnel Management Guide

to Personnel Recordkeeping, March 15, 1996, (available from the

Superintendent of Documents, U.S. Government Printing Office, or from

the U.S. Office of Personnel Management's website at http://

www.opm.gov/feddata/html/opf.htm), training documents are no longer

maintained as permanent records in an employee's Official Personnel

Folder. Since the parenthetical sentence in 5 CFR Sec. 293.403(b)(3)

refers to a non-existent recordkeeping requirement, and is no longer

accurate, we believe it needs to be deleted.

(2) Training Outside the United States. No comments were received

specifically on the proposed rule to add a section on training outside

the continental United States clarifying agency authority in this area.

Two agencies, responding to the proposed rule in its entirety,

supported the addition. A new section, designated as 5 CFR

Sec. 410.302(f), will be added to 5 CFR part 410 and will read as

follows:

The head of each agency shall prescribe procedures, as

authorized by section 402 of Executive Order No. 11348, for

obtaining U.S. Department of State advice before assigning an

employee who is stationed within the continental limits of the

United States to training outside the continental United States that

is provided by a foreign government, international organization, or

instrumentality of either.

Regulatory Flexibility Act

I certify that these regulations will not have significant economic

impact on a substantial number of small entities because they affect

only Federal employees and agencies.

List of Subjects

5 CFR Part 293

Archives and records, Freedom of information, Government employees,

Health records, and Privacy.

5 CFR Part 410

Education, Government employees.

U.S. Office of Personnel Management.

Janice R. Lachance,

Director.

Accordingly, the Office of Personnel Management is amending 5 CFR

Part 293 and 5 CFR Part 410 as follows:

PART 293--PERSONNEL RECORDS

Subpart D--Employee Performance File System Records

1. The authority citation for subpart D of 5 CFR Part 293 continues

to read as follows:

Authority: 5 U.S.C. 552a and 5 U.S.C. 4305 and 4315; E.O. 12107

(December 28, 1978); 5 U.S.C. 1103, 1104, and 1302; 3 CFR 1954-1958

Compilation; 5 CFR 7.2; E.O. 9830, 3 CFR 1943-1948 Compilation.

Sec. 293.403 [Amended]

2. Section 293.403 paragraph (b)(3) is amended by removing the

parenthetical sentence.

PART 410--TRAINING

3. The authority citation for part 410 continues to read as

follows:

Authority: 5 U.S.C. 4101, et seq.; E.O. 11348, 3 CFR, 1967

Comp., p. 275.

4. Section 410.302 is amended by adding a new paragraph (f) to read

as follows:

Sec. 410.302 Responsibilities of the head of an agency.

* * * * *

(f) The head of each agency shall prescribe procedures, as

authorized by section 402 of Executive Order No. 11348, for obtaining

U.S. Department of State advice before assigning an employee who is

stationed within the continental limits of the United States to

training outside the continental United States that is provided by a

foreign government, international organization, or instrumentality of

either.

[FR Doc. 98-21943 Filed 8-14-98; 8:45 am]

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