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OPM RIN: 3206-AO56 Publication ID: Fall 2023 
Title: Upholding Civil Service Protections and Merit System Principles  

The Office of Personnel Management  (OPM) plans to finalize a rule to uphold civil service protections and merit system principles after consideration of comments on OPM’s proposal. OPM proposed to clarify that employees who are moved involuntarily from the competitive to the excepted service, or from one excepted service schedule to another, retain the status and adverse action rights they had at the time of movement. OPM’s proposal also required federal agencies to follow specific procedures upon moving any employees without their consent from the competitive service to the excepted service or, if already in the excepted service, to a different excepted service schedule. Finally, OPM proposed to define positions of a "confidential, policy-determining, policy-making, or policy-advocating character," in accordance with legislative history and Congressional intent, to mean political appointments. Petitions from the National Treasury Employees Union and the Federal Workers Alliance informed the development of the proposed rule. 

Agency: Office of Personnel Management(OPM)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 5 CFR 210    5 CFR 212    5 CFR 213    5 CFR 302    5 CFR 432    5 CFR 451    5 CFR 752   
Legal Authority: 5 U.S.C. Ch. 31, 33, 43 and 75   
Legal Deadline:  None
Action Date FR Cite
NPRM  09/18/2023  88 FR 63862   
NPRM Comment Period End  11/17/2023 
Final Action  04/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Tim Curry
Employee Services
Office of Personnel Management
1900 E Street NW,
Washington, DC 20415
Phone:202 606-2930