Temporary and Term Employment, 56536-56538 [2020-20038]

Download as PDF 56536 Proposed Rules Federal Register Vol. 85, No. 178 Monday, September 14, 2020 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. OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 316 RIN 3206–AN92 Temporary and Term Employment Office of Personnel Management. AGENCY: ACTION: Proposed rule. The Office of Personnel Management (OPM) is proposing rules that would allow agencies to make term appointments in Science, Technology, Engineering, Mathematics (STEM) occupations; positions needed to standup, operate, and close-out time-limited organizations which have a specific statutory appropriation; and timelimited projects which have been funded through specific appropriation; for up to 10 years. OPM is proposing this rule to provide agencies with greater flexibility to staff foreseeably long-term projects of a STEM nature when the need for the work is not permanent, and other time-limited work when authorized by specific funding by Congress. The intended effect of this change is to allow agencies the flexibility and discretion to hire individuals with knowledge, skills and abilities tailored to a specific project or Congressional funded work that may not be required on a permanent basis or transferable to other functions of the agency. This longer term appointment may also assist agencies in recruiting individuals with specialized STEM knowledge who prefer the opportunity to work on a project-by-project basis to build their resumes and maintain current skills. khammond on DSKJM1Z7X2PROD with PROPOSALS SUMMARY: OPM must receive comments on or before November 10, 2020. DATES: You may submit comments, identified by docket number and/or Regulatory Information Number (RIN) and title, by any of the following methods: ADDRESSES: VerDate Sep<11>2014 16:50 Sep 11, 2020 Jkt 250001 • Federal Rulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. All submissions received must include the agency name and docket number or RIN for this document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing at http:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Michelle Glynn at (202) 606–1571, by fax at (202) 606–3340, TDD at (202) 418–3134, or by email at Michelle.Glynn@opm.gov. SUPPLEMENTARY INFORMATION: OPM is proposing to amend its rules pertaining to term employment to allow agencies to make term appointments in certain STEM occupations; positions needed to stand-up, operate, and close-out timelimited organizations which have a specific statutory appropriation; and time-limited projects which have been funded through specific appropriation; for up to 10 years. To do this, OPM is amending its regulations at 5 CFR part 316, subpart C, by adding a new paragraph to § 316.301 which authorizes agencies to hire individuals into STEM occupations and positions needed in support of other time-limited work when authorized by specific funding by Congress, for up to 10 years. Under current regulations at 5 CFR part 316, subpart C, agencies have the discretion to make term appointments for a period of more than 1 year but not more than 4 years to any positions for which the need for an employee’s services is not permanent. If an agency wishes to extend the term beyond four years or make an initial appointment of more than 4 years, it must obtain OPM’s approval. 5 CFR 316.301. OPM recognizes, however, that the work performed by STEM positions, and positions needed in support of projects and organizations specifically funded by Congress, often lasts longer than 4 years. For example, it may be cyclical and often project based (e.g., developing a research concept, initial research to prove feasibility, and testing/evaluation) and must continue until the goal or purpose of the work has been accomplished. Such work may include, but is not limited to, the need to collect PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 data or conduct research (including medical research) regarding a certain trend or phenomenon, sometimes over time; perform STEM analysis of this data or research; and prepare reports of findings and recommendations, based on the data and analysis; or develop and implement new Information Technology (IT) projects or programs. In some instances, the work performed by these individuals may be affected by environmental factors or other external circumstances beyond the agency’s control, which may result in the need for a lengthier appointment. In addition, a study using Burning Glass 1 data suggests that the pace of technological change is driving a STEM skills gap, with new technological advancements continually demanding new skills of STEM workers and making some existing skills obsolete. (Deming, David J.; Noray, Kadeem L, STEM Careers and the Changing Skill Requirements of Work. The National Bureau of Economic Research, Revised June 2019.) The authors state, ‘‘Using a near-universe of online job vacancy data collected between 2007 and 2017 by the employment analytics firm Burning Glass Technologies (BG), we show that job skill requirements change significantly over the course of a decade. We use the BG data to calculate a systematic measure of job skill change, and show that skill demands in STEM occupations have changed especially quickly. The faster rate of change in STEM is driven both by more rapid obsolescence of old skills and by faster adoption of new skills.’’ Moreover, there is a 13 percent projected growth of STEM jobs in the United States between 2017 and 2027. (Feiman, Joseph, Can STEM Qualifications Hold The Key To The Future Of Cybersecurity? (Forbes September 11, 2019), citing Economy Modeling Specialists International 2017, ecs.org/vital-signs-notes-and-sources/. Given this high demand, agencies will need the flexibility and agility to attract and retain talent, for a significant period of time, with up-to-date knowledge and training in the STEM fields for timelimited projects. This regulation will allow agencies to hire new STEM personnel and grant their own extension of the term appointments, if initially hired for less than 10 years, to allow agencies the ability to shape their 1 Employment analytics firm Burning Glass Technologies (BGT). E:\FR\FM\14SEP1.SGM 14SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 178 / Monday, September 14, 2020 / Proposed Rules workforce with greater agility to meet current and emerging mission needs. Affording agencies the option to use longer term appointments in lieu of contracting will allow the agency to have STEM hires to be placed in managerial or supervisory positions throughout the life cycle of a timelimited project. In addition, this regulation may help agencies better compete for STEM talent because Federal term employment will offer individuals more job security and benefits (e.g., health insurance, life insurance and participation in the Thrift Savings Plan (TSP) than would contract work to individuals interested in working on special projects in order to keep abreast of new technology and enhance their skills. OPM is proposing use of this authority for any STEM occupation, regardless of occupational group. This includes a variety of professional and technical positions in numerous occupational groups (e.g., Natural Resources Management and Biological Sciences; medical, hospital, dental, and public health, and information technology). In addition, OPM is proposing to extend this flexibility to cover positions needed in support of time-limited organizations or projects which have been specifically funded by Congress (i.e., the organization or project has been funded outside of, or in addition to, an agency’s usual appropriation). Work of this nature oftentimes requires positions to be filled initially for an unknown period of time. This uncertainty may result in recruitment and retention challenges when agencies are endeavoring to implement and support expressed Congressional interest these organizations or projects. Under current OPM regulation, the duration of a term appointment is limited to four years and agencies may not extend a term appointment beyond four years without OPM approval. OPM is proposing that an agency may appoint individuals in STEM positions, positions needed in support of projects and organizations specifically funded by Congress, for a term of more than 1 year up to a term of 10 years, and, if the initial appointment is less than 10 years, an agency may extend the appointment up to the 10-year limit in increments determined by the agency. The vacancy announcement used to fill these position must state that the agency has the option of extending the term appointment up to the 10-year limit. No appointment made under this section may last longer than 10 years from the date of the initial appointment. When using this authority, an agency must VerDate Sep<11>2014 16:50 Sep 11, 2020 Jkt 250001 follow the procedures and requirements of 5 CFR part 316, subpart C, for purposes of selection, tenure, and trial periods. OPM’s current regulations provide that OPM may approve the extension of 4-year appointment if the extension is ‘‘clearly justified’’ and is consistent with applicable statutory provisions. 5 CFR 316.301(b). OPM believes that agencies that perform time-limited projects that require the specialized STEM skills, or which are in support of organizations or projects specifically funded by Congress, are in the best position to assess how long the project should continue, and should have the ability to act quickly when, in the agency’s judgment, additional time is necessary. OPM believes this flexibility promotes retention and continuity, workforce planning, and minimizes disruptions during project work because term employees may be less likely to leave if they know their employment for the anticipated life of the project is secure rather than face an uncertain future awaiting a process under which their agency requests and must receive OPM extension approval for continuing work on the same project. Accordingly, OPM is not requiring agencies to obtain OPM approval to take advantage of the full 10-year term appointment under the proposed rule. However, agencies will be subject to OPM oversight regarding whether they are using this appointment appropriately. OPM does not intend this rule to be a substitute for a permanent workforce or for appointing employees to permanent positions for work of a permanent nature. OPM intends this rule to be used only for STEM work that is genuinely time-limited in nature; or for positions needed to stand-up, operate, and close-out time-limited organizations which have a specific statutory appropriation; and timelimited projects which have been funded through specific appropriation. Lastly, OPM is proposing to modify § 316.302(b)(7) to allow an agency to reappoint an individual who previously served on a 10-year term appointment to a position in the same agency appropriate for filling up to the 10-year maximum limit. Combined service under the previous term appointment(s) cannot exceed 10 years. We are also proposing to modify this section to include reappointments made pursuant to § 316.301(b), so as attune reappointments to such positions with those for 4-year term appointments made pursuant to § 316.301(a), and those made under proposed § 316.301(c). This proposed modification parallels current regulatory language for individuals serving on 4- PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 56537 year term appointments made under § 316.301(a). OPM invites comments on all aspects of the proposed regulation. OPM is particularly interested in testing its conclusions regarding the anticipated benefits of this regulation, additional examples of relevant agency experience, information regarding any potential benefits of this rule or possible drawbacks, and suggestions for possible improvements. Regulatory Flexibility Act We certify that this regulation will not have a significant impact on a substantial number of small entities because it applies only to Federal agencies and employees. E.O. 13563 and E.O. 12866, Regulatory Review Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs The Executive Order 13771 designation for any final rule resulting from these proposed regulations will be informed by comments received. The preliminary Executive Order 13771 designation for this proposed rule is deregulatory. This regulation provides substantial flexibility to agencies, and therefore generates cost savings for these agencies. As a result, we consider this rule to be a deregulatory action under Executive Order 13771. E.O. 13132, Federalism This regulation will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this rule does not have sufficient federalism implications E:\FR\FM\14SEP1.SGM 14SEP1 56538 Federal Register / Vol. 85, No. 178 / Monday, September 14, 2020 / Proposed Rules to warrant preparation of a Federalism Assessment. E.O. 12988, Civil Justice Reform This regulation meets the applicable standard set forth in section 3(a) and (b)(2) of Executive Order 12988. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local, or tribal governments of more than $100 million annually. Thus, no written assessment of unfunded mandates is required. Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) This regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act. List of Subjects in 5 CFR Part 316 Employment, Government employees. Office of Personnel Management. Alexys Stanley, Regulatory Affairs Analyst. Accordingly, we propose to amend 5 CFR part 316 as follows: PART 316—TEMPORARY AND TERM EMPLOYMENT 1. Revise the authority citation for part 316 to read as follows: than 10 years from the date of the initial appointment. ■ 3. Amend § 316.302 by revising paragraph (b)(7) to read as follows: DEPARTMENT OF AGRICULTURE to http://www.regulations.gov. Follow the on-line instructions at that site for submitting comments. • Mail, including CD–ROMs, etc.: Send to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Mailstop 3758, Room 6065, Washington, DC 20250–3700. • Hand or Courier-Delivered Submittals: Deliver to 1400 Independence Avenue SW, Room 6065, Washington, DC 20250–3700. Instructions: All items submitted by mail or electronic mail must include the Agency name and docket number FSIS– 2019–0019. Comments received in response to this docket will be made available for public inspection and posted without change, including any personal information, to http:// www.regulations.gov. Docket: For access to background documents or comments received, call (202) 720–5627 to schedule a time to visit the FSIS Docket Room at 1400 Independence Avenue SW, Room 6065, Washington, DC 20250–3700. FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Acting Assistant Administrator, Office of Policy and Program Development, by telephone at (202) 720–0399. SUPPLEMENTARY INFORMATION: Food Safety and Inspection Service Executive Summary § 316.302 Selection of term employees. * * * * * (b) * * * (7) Reappointment on the basis of having left a term appointment prior to serving the 4-year maximum amount of time allowed under the appointment per § 316.301(a), the maximum time allowed for an appointment authorized under this paragraph (b), or the 10-year maximum amount of time allowed under § 316.301(c). Reappointment must be to a position in the same agency for filling under the original term appointment and for which the individual qualifies. Combined service under the original term appointment and reappointment must not exceed the 4-year limit for positions pursuant to § 316.301(a), the maximum time allowed for an appointment authorized under § 316.301(b), or the 10-year limit under § 316.301(c), as appropriate; or * * * * * [FR Doc. 2020–20038 Filed 9–11–20; 8:45 am] BILLING CODE 6325–39–P ■ Authority: 5 U.S.C. 3301, 3302; E.O. 10577, 3 CFR, 1954–1958 Comp., p. 218; 5 CFR 2.2(c). 9 CFR Parts 352, 354, and 412 [Docket No. FSIS–2019–0019] Subpart C—Term Employment RIN 0583–AD78 2. Amend § 316.301 by adding paragraph (c) to read as follows: Prior Label Approval System: Expansion of Generic Label Approval § 316.301 AGENCY: ■ Purpose and duration. khammond on DSKJM1Z7X2PROD with PROPOSALS * * * * * (c) An agency may make a term appointment for a period of more than 1 year but not more than 10 years to any science, technology, engineering, mathematics (STEM) position when the need for an employee’s services is not permanent; or for positions needed to stand-up, operate, and close-out timelimited organizations which have a specific statutory appropriation; or timelimited projects which have been funded through specific congressional appropriation. An agency may extend an appointment made for more than 1 year but fewer than 10 years up to the 10-year limit in increments determined by the agency. The vacancy announcement must state that the agency has the option of extending a term appointment under this section up to the 10-year limit. No appointment made under this section may last longer VerDate Sep<11>2014 16:50 Sep 11, 2020 Jkt 250001 Food Safety and Inspection Service, USDA. ACTION: Proposed rule. The Food Safety and Inspection Service (FSIS) is proposing to amend its inspection regulations to expand the circumstances under which FSIS will generically approve the labels of meat, poultry, and egg products. FSIS is also proposing to cease evaluating generically approved labels submitted to FSIS for review. DATES: Submit comments on or before November 13, 2020. ADDRESSES: FSIS invites interested persons to submit comments on this document. Comments may be submitted by one of the following methods: • Federal eRulemaking Portal: This website provides commenters the ability to type short comments directly into the comment field on the web page or to attach a file for lengthier comments. Go SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 To prevent the introduction of adulterated or misbranded products into commerce, the Food Safety and Inspection Service (FSIS) implements a prior approval program for labels intended to be used on federally inspected meat, poultry, and egg products (9 CFR part 412). Without approved labels, these products may not be sold, offered for sale, or otherwise distributed in commerce. Certain categories of labels or renderings of such labels (sketch labels) must be submitted to FSIS for review and approval before use. However, FSIS considers certain labels that comply with the Agency’s labeling rules to be ‘‘generically’’ approved. Such labels are not submitted to FSIS, because they are deemed approved and may be applied to product in commerce. Generic label approval has been in place in some form since 1983. FSIS has previously expanded the categories of labeling claims eligible for generic approval, most recently in 2013 (78 FR 66826, November 7, 2013). FSIS has also published a proposed rule that, if finalized as proposed, would permit generic approval for egg product labels (83 FR 6314, February 13, 2018). FSIS is now proposing to expand the E:\FR\FM\14SEP1.SGM 14SEP1

Agencies

[Federal Register Volume 85, Number 178 (Monday, September 14, 2020)]
[Proposed Rules]
[Pages 56536-56538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20038]


========================================================================
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.

========================================================================


Federal Register / Vol. 85, No. 178 / Monday, September 14, 2020 / 
Proposed Rules

[[Page 56536]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 316

RIN 3206-AN92


Temporary and Term Employment

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Personnel Management (OPM) is proposing rules 
that would allow agencies to make term appointments in Science, 
Technology, Engineering, Mathematics (STEM) occupations; positions 
needed to stand-up, operate, and close-out time-limited organizations 
which have a specific statutory appropriation; and time-limited 
projects which have been funded through specific appropriation; for up 
to 10 years. OPM is proposing this rule to provide agencies with 
greater flexibility to staff foreseeably long-term projects of a STEM 
nature when the need for the work is not permanent, and other time-
limited work when authorized by specific funding by Congress. The 
intended effect of this change is to allow agencies the flexibility and 
discretion to hire individuals with knowledge, skills and abilities 
tailored to a specific project or Congressional funded work that may 
not be required on a permanent basis or transferable to other functions 
of the agency. This longer term appointment may also assist agencies in 
recruiting individuals with specialized STEM knowledge who prefer the 
opportunity to work on a project-by-project basis to build their 
resumes and maintain current skills.

DATES: OPM must receive comments on or before November 10, 2020.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) and title, by any of the following 
methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    All submissions received must include the agency name and docket 
number or RIN for this document. The general policy for comments and 
other submissions from members of the public is to make these 
submissions available for public viewing at http://www.regulations.gov 
as they are received without change, including any personal identifiers 
or contact information.

FOR FURTHER INFORMATION CONTACT: Michelle Glynn at (202) 606-1571, by 
fax at (202) 606-3340, TDD at (202) 418-3134, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: OPM is proposing to amend its rules 
pertaining to term employment to allow agencies to make term 
appointments in certain STEM occupations; positions needed to stand-up, 
operate, and close-out time-limited organizations which have a specific 
statutory appropriation; and time-limited projects which have been 
funded through specific appropriation; for up to 10 years. To do this, 
OPM is amending its regulations at 5 CFR part 316, subpart C, by adding 
a new paragraph to Sec.  316.301 which authorizes agencies to hire 
individuals into STEM occupations and positions needed in support of 
other time-limited work when authorized by specific funding by 
Congress, for up to 10 years.
    Under current regulations at 5 CFR part 316, subpart C, agencies 
have the discretion to make term appointments for a period of more than 
1 year but not more than 4 years to any positions for which the need 
for an employee's services is not permanent. If an agency wishes to 
extend the term beyond four years or make an initial appointment of 
more than 4 years, it must obtain OPM's approval. 5 CFR 316.301. OPM 
recognizes, however, that the work performed by STEM positions, and 
positions needed in support of projects and organizations specifically 
funded by Congress, often lasts longer than 4 years. For example, it 
may be cyclical and often project based (e.g., developing a research 
concept, initial research to prove feasibility, and testing/evaluation) 
and must continue until the goal or purpose of the work has been 
accomplished. Such work may include, but is not limited to, the need to 
collect data or conduct research (including medical research) regarding 
a certain trend or phenomenon, sometimes over time; perform STEM 
analysis of this data or research; and prepare reports of findings and 
recommendations, based on the data and analysis; or develop and 
implement new Information Technology (IT) projects or programs. In some 
instances, the work performed by these individuals may be affected by 
environmental factors or other external circumstances beyond the 
agency's control, which may result in the need for a lengthier 
appointment.
    In addition, a study using Burning Glass \1\ data suggests that the 
pace of technological change is driving a STEM skills gap, with new 
technological advancements continually demanding new skills of STEM 
workers and making some existing skills obsolete. (Deming, David J.; 
Noray, Kadeem L, STEM Careers and the Changing Skill Requirements of 
Work. The National Bureau of Economic Research, Revised June 2019.) The 
authors state, ``Using a near-universe of online job vacancy data 
collected between 2007 and 2017 by the employment analytics firm 
Burning Glass Technologies (BG), we show that job skill requirements 
change significantly over the course of a decade. We use the BG data to 
calculate a systematic measure of job skill change, and show that skill 
demands in STEM occupations have changed especially quickly. The faster 
rate of change in STEM is driven both by more rapid obsolescence of old 
skills and by faster adoption of new skills.'' Moreover, there is a 13 
percent projected growth of STEM jobs in the United States between 2017 
and 2027. (Feiman, Joseph, Can STEM Qualifications Hold The Key To The 
Future Of Cybersecurity? (Forbes September 11, 2019), citing Economy 
Modeling Specialists International 2017, ecs.org/vital-signs-notes-and-sources/. Given this high demand, agencies will need the flexibility 
and agility to attract and retain talent, for a significant period of 
time, with up-to-date knowledge and training in the STEM fields for 
time-limited projects. This regulation will allow agencies to hire new 
STEM personnel and grant their own extension of the term appointments, 
if initially hired for less than 10 years, to allow agencies the 
ability to shape their

[[Page 56537]]

workforce with greater agility to meet current and emerging mission 
needs. Affording agencies the option to use longer term appointments in 
lieu of contracting will allow the agency to have STEM hires to be 
placed in managerial or supervisory positions throughout the life cycle 
of a time-limited project. In addition, this regulation may help 
agencies better compete for STEM talent because Federal term employment 
will offer individuals more job security and benefits (e.g., health 
insurance, life insurance and participation in the Thrift Savings Plan 
(TSP) than would contract work to individuals interested in working on 
special projects in order to keep abreast of new technology and enhance 
their skills.
---------------------------------------------------------------------------

    \1\ Employment analytics firm Burning Glass Technologies (BGT).
---------------------------------------------------------------------------

    OPM is proposing use of this authority for any STEM occupation, 
regardless of occupational group. This includes a variety of 
professional and technical positions in numerous occupational groups 
(e.g., Natural Resources Management and Biological Sciences; medical, 
hospital, dental, and public health, and information technology).
    In addition, OPM is proposing to extend this flexibility to cover 
positions needed in support of time-limited organizations or projects 
which have been specifically funded by Congress (i.e., the organization 
or project has been funded outside of, or in addition to, an agency's 
usual appropriation). Work of this nature oftentimes requires positions 
to be filled initially for an unknown period of time. This uncertainty 
may result in recruitment and retention challenges when agencies are 
endeavoring to implement and support expressed Congressional interest 
these organizations or projects.
    Under current OPM regulation, the duration of a term appointment is 
limited to four years and agencies may not extend a term appointment 
beyond four years without OPM approval. OPM is proposing that an agency 
may appoint individuals in STEM positions, positions needed in support 
of projects and organizations specifically funded by Congress, for a 
term of more than 1 year up to a term of 10 years, and, if the initial 
appointment is less than 10 years, an agency may extend the appointment 
up to the 10-year limit in increments determined by the agency. The 
vacancy announcement used to fill these position must state that the 
agency has the option of extending the term appointment up to the 10-
year limit. No appointment made under this section may last longer than 
10 years from the date of the initial appointment. When using this 
authority, an agency must follow the procedures and requirements of 5 
CFR part 316, subpart C, for purposes of selection, tenure, and trial 
periods.
    OPM's current regulations provide that OPM may approve the 
extension of 4-year appointment if the extension is ``clearly 
justified'' and is consistent with applicable statutory provisions. 5 
CFR 316.301(b). OPM believes that agencies that perform time-limited 
projects that require the specialized STEM skills, or which are in 
support of organizations or projects specifically funded by Congress, 
are in the best position to assess how long the project should 
continue, and should have the ability to act quickly when, in the 
agency's judgment, additional time is necessary. OPM believes this 
flexibility promotes retention and continuity, workforce planning, and 
minimizes disruptions during project work because term employees may be 
less likely to leave if they know their employment for the anticipated 
life of the project is secure rather than face an uncertain future 
awaiting a process under which their agency requests and must receive 
OPM extension approval for continuing work on the same project. 
Accordingly, OPM is not requiring agencies to obtain OPM approval to 
take advantage of the full 10-year term appointment under the proposed 
rule. However, agencies will be subject to OPM oversight regarding 
whether they are using this appointment appropriately. OPM does not 
intend this rule to be a substitute for a permanent workforce or for 
appointing employees to permanent positions for work of a permanent 
nature. OPM intends this rule to be used only for STEM work that is 
genuinely time-limited in nature; or for positions needed to stand-up, 
operate, and close-out time-limited organizations which have a specific 
statutory appropriation; and time-limited projects which have been 
funded through specific appropriation.
    Lastly, OPM is proposing to modify Sec.  316.302(b)(7) to allow an 
agency to reappoint an individual who previously served on a 10-year 
term appointment to a position in the same agency appropriate for 
filling up to the 10-year maximum limit. Combined service under the 
previous term appointment(s) cannot exceed 10 years. We are also 
proposing to modify this section to include reappointments made 
pursuant to Sec.  316.301(b), so as attune reappointments to such 
positions with those for 4-year term appointments made pursuant to 
Sec.  316.301(a), and those made under proposed Sec.  316.301(c). This 
proposed modification parallels current regulatory language for 
individuals serving on 4-year term appointments made under Sec.  
316.301(a).
    OPM invites comments on all aspects of the proposed regulation. OPM 
is particularly interested in testing its conclusions regarding the 
anticipated benefits of this regulation, additional examples of 
relevant agency experience, information regarding any potential 
benefits of this rule or possible drawbacks, and suggestions for 
possible improvements.

Regulatory Flexibility Act

    We certify that this regulation will not have a significant impact 
on a substantial number of small entities because it applies only to 
Federal agencies and employees.

E.O. 13563 and E.O. 12866, Regulatory Review

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated a ``significant regulatory 
action,'' under Executive Order 12866.

Executive Order 13771: Reducing Regulation and Controlling Regulatory 
Costs

    The Executive Order 13771 designation for any final rule resulting 
from these proposed regulations will be informed by comments received. 
The preliminary Executive Order 13771 designation for this proposed 
rule is deregulatory.
    This regulation provides substantial flexibility to agencies, and 
therefore generates cost savings for these agencies. As a result, we 
consider this rule to be a deregulatory action under Executive Order 
13771.

E.O. 13132, Federalism

    This regulation will not have substantial direct effects on the 
States, on the relationship between the National Government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, it is determined that this rule does not have sufficient 
federalism implications

[[Page 56538]]

to warrant preparation of a Federalism Assessment.

E.O. 12988, Civil Justice Reform

    This regulation meets the applicable standard set forth in section 
3(a) and (b)(2) of Executive Order 12988.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, or 
tribal governments of more than $100 million annually. Thus, no written 
assessment of unfunded mandates is required.

Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35)

    This regulatory action will not impose any additional reporting or 
recordkeeping requirements under the Paperwork Reduction Act.

List of Subjects in 5 CFR Part 316

    Employment, Government employees.

Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.

    Accordingly, we propose to amend 5 CFR part 316 as follows:

PART 316--TEMPORARY AND TERM EMPLOYMENT

0
1. Revise the authority citation for part 316 to read as follows:

    Authority:  5 U.S.C. 3301, 3302; E.O. 10577, 3 CFR, 1954-1958 
Comp., p. 218; 5 CFR 2.2(c).

Subpart C--Term Employment

0
2. Amend Sec.  316.301 by adding paragraph (c) to read as follows:


Sec.  316.301  Purpose and duration.

* * * * *
    (c) An agency may make a term appointment for a period of more than 
1 year but not more than 10 years to any science, technology, 
engineering, mathematics (STEM) position when the need for an 
employee's services is not permanent; or for positions needed to stand-
up, operate, and close-out time-limited organizations which have a 
specific statutory appropriation; or time-limited projects which have 
been funded through specific congressional appropriation. An agency may 
extend an appointment made for more than 1 year but fewer than 10 years 
up to the 10-year limit in increments determined by the agency. The 
vacancy announcement must state that the agency has the option of 
extending a term appointment under this section up to the 10-year 
limit. No appointment made under this section may last longer than 10 
years from the date of the initial appointment.
0
3. Amend Sec.  316.302 by revising paragraph (b)(7) to read as follows:


Sec.  316.302  Selection of term employees.

* * * * *
    (b) * * *
    (7) Reappointment on the basis of having left a term appointment 
prior to serving the 4-year maximum amount of time allowed under the 
appointment per Sec.  316.301(a), the maximum time allowed for an 
appointment authorized under this paragraph (b), or the 10-year maximum 
amount of time allowed under Sec.  316.301(c). Reappointment must be to 
a position in the same agency for filling under the original term 
appointment and for which the individual qualifies. Combined service 
under the original term appointment and reappointment must not exceed 
the 4-year limit for positions pursuant to Sec.  316.301(a), the 
maximum time allowed for an appointment authorized under Sec.  
316.301(b), or the 10-year limit under Sec.  316.301(c), as 
appropriate; or
* * * * *
[FR Doc. 2020-20038 Filed 9-11-20; 8:45 am]
BILLING CODE 6325-39-P