[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Rules and Regulations]
[Pages 39267-39268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19100]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 146 / Monday, July 29, 1996 / Rules 
and Regulations  

[[Page 39267]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 930

RIN 3206-AH31


Funding of Administrative Law Judge Examination

AGENCY: Office of Personnel Management.

ACTION: Interim rule with request for comments.

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SUMMARY: The Office of Personnel Management (OPM) is issuing interim 
regulations to require agencies employing administrative law judges to 
reimburse OPM for the cost of developing and administering examinations 
for judge positions. The regulations implement Public Law 104-52 
(November 19, 1995), which amended 5 U.S.C. 1104 to authorize OPM to 
delegate examining authority for all competitive service positions 
except for administrative law judges, and to require employing agencies 
to reimburse OPM for the cost of administrative law judge examinations.

DATES: Interim rules effective on July 29, 1996. Written comments will 
be considered if received on or before August 28, 1996.

ADDRESSES: Send or deliver written comments to Donna Beecher, Deputy 
Associate Director for Employment, Office of Personnel Management, Room 
6F08, 1900 E Street, NW., Washington, DC 20415 (FAX 202-606-1768).

FOR FURTHER INFORMATION CONTACT: Richard A. Whitford on 202-606-2525, 
TDD 202-606-0591, or FAX 202-606-1768.

SUPPLEMENTARY INFORMATION: The President's National Performance Review, 
in its 1993 report From Red Tape to Results: Creating a Government That 
Works Better 7 Costs Less, recommended that Federal agencies conduct 
their own competitive examining, with the option of obtaining examining 
services from OPM on a reimbursable basis. OPM's appropriations act for 
FY 96 implements this recommendation.
    The Treasury, Postal Service, and General Government Appropriations 
Act, 1996 (Public Law 104-52, November 19, 1995) amended OPM's 
authority in section 1104(a) of title 5, United States Code, to permit 
it to delegate examining authority for all competitive service 
positions except for administrative law judges. As a result, OPM will 
continue to be responsible for the conduct of the administrative law 
judge examination. Pub. L. 104-52 also requires agencies employing 
administrative law judges to pay the cost of OPM-conducted examinations 
for these positions.
    OPM is reviewing 5 CFR Sec. 930.201, dealing with appointment of 
administrative law judges, to reflect the new funding arrangement. The 
revised regulation requires the affected agencies to reimburse OPM 
annually for the cost of developing and administering administrative 
law judge examinations. For FY 96, the fee will be prorated to cover 
only the fourth quarter to reflect the level of examining conducted on 
behalf of the employing agencies.
    The amount of the reimbursement fee will be based on each employing 
agency's proportionate share of the administrative law judge workforce. 
Employment levels will be taken from OPM's Central Personnel Data File 
(CPDF) as of March 31 of each year. In future years, OPM will need to 
notify agencies of their share of the third quarter of the fiscal year 
preceding the one in which reimbursement is due to allow for agency 
budget planning. Because agencies transmit personnel actions to CPDF on 
a quarterly basis, the most recent available data will be as of March 
31 of each year.
    For the future, OPM will establish a working group consisting of 
officials form representative agencies and OPM to review the 
effectiveness and efficiency of the program and make recommendations 
for needed improvements. OPM will notify each affected agency annually 
of the costs of the program, its obligation, and of payment procedures.

Waiver of Notice of Proposed Rulemaking and Delay in Effective Date

    Pursuant to 5 U.S.C. 553(b)(3)(B), I find that good cause exists 
for waiving the general notice of proposed rulemaking because the 
statutory basis for these regulations (Pub. L. 104-52) was effective on 
November 19, 1995, and OPM's reduced FY 96 appropriation necessitates 
collection of the reimbursement fee beginning in fourth quarter of FY 
96. It would be contrary to the public interest and impracticable to 
delay implementation.
    For the same reasons, and pursuant to 5 U.S.C. 553(d)(3), I find 
that good cause exists to waive the delay in effective date and make 
these regulations effective in less than 30 days.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant impact 
on a substantial number of small entities because it pertains only to 
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 930

    Administrative practice and procedure, Government employees, Motor 
vehicles.

Office of Personnel Management.
James B. King,
Director.

    Accordingly, OPM is amending 5 CFR part 930 as follows:

PART 930--APPOINTMENT, PAY, AND REMOVAL OF ADMINISTRATIVE LAW 
JUDGES

    1. The authority citation for part 930 continues to read a follows:

    Authority: 5 U.S.C. 1104(a)(2), 1305, 3323(b), 3344, 4301(2)(D), 
5372, 7521.

    2. In Sec. 930.201, paragraph (c) is added to read as follows:


Sec. 930.201  Coverage.

* * * * *
    (c) In accordance with 5 U.S.C. 1104(a)(2), OPM shall conduct 
competitive examinations for administrative law judge positions, and 
agencies employing judges shall reimburse OPM for the cost of

[[Page 39268]]

developing and administering such examinations. Each employing agency's 
share of reimbursement shall be based on its relative number of 
administrative law judges as of March 31 of the preceding fiscal year. 
OPM will work with employing agencies to review the examination program 
for effectiveness and efficiency and identify needed improvements, 
consistent with statutory requirements. Subsequently, OPM will annually 
compute the cost of the examination program and notify each agency of 
its share, along with a full accounting of the costs, and payment 
procedures.

[FR Doc. 96-19100 Filed 7-26-96; 8:45 am]
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