[Federal Register Volume 71, Number 164 (Thursday, August 24, 2006)]
[Rules and Regulations]
[Pages 49979-49983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14037]



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  Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / 
Rules and Regulations  

[[Page 49979]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 250

RIN 3206-AK77


Personnel Management in Agencies--Employee Surveys

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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

SUMMARY: The Office of Personnel Management (OPM) is issuing final 
regulations implementing mandatory employee surveys as required by the 
National Defense Authorization Act for Fiscal Year 2004. The 
regulations add a new subpart which requires agencies to conduct an 
annual survey of their employees. In addition, the final regulations 
provide a list of questions that must appear in each agency's employee 
survey.

DATES: Effective Date: This rule is effective on January 1, 2007.

FOR FURTHER INFORMATION CONTACT: For information on the survey 
questions, contact Julie Brill by phone on 202-606-5067, by FAX on 202-
606-1399, or by e-mail at [email protected]. For all other 
information, contact Hakeem Basheerud-Deen by phone on 202-606-1434, by 
FAX on 202-606-2329, or by e-mail at [email protected]. You 
may contact Ms. Brill and Mr. Basheerud-Deen by TTY on 202-418-3134.

SUPPLEMENTARY INFORMATION: 

Requiring Annual Employee Surveys

    Section 1128 of the National Defense Authorization Act for Fiscal 
Year 2004 (Pub. L. 108-136, 5 U.S.C. 7101 note) requires each agency to 
conduct an annual survey of its employees ``to assess--
    (1) Leadership and management practices that contribute to agency 
performance; and
    (2) Employee satisfaction with--
    (A) Leadership policies and practices;
    (B) Work environment;
    (C) Rewards and recognition for professional accomplishment and 
personal contributions to achieving organizational mission;
    (D) Opportunity for professional development and growth; and
    (E) Opportunity to contribute to achieving organizational 
mission.''

Prescribing Certain Survey Questions

    The law requires OPM to ``issue regulations prescribing survey 
questions that should appear on all agency surveys.'' In addition, the 
law requires agencies to make the survey results available to the 
public and post the results on their Web sites, unless the head of the 
agency determines that doing so would jeopardize or negatively impact 
national security.

Discussion of Comments

    On September 16, 2005, OPM issued proposed regulations at 70 FR 
54658 and requested comments by October 17, 2005. OPM received written 
comments from seven agencies, three non-profit organizations, three 
labor unions, one academic institution, and nine individuals. 
Generally, the comments were very supportive of the proposed 
regulations. Below we summarize and respond to comments that suggested 
changes or recommended clarification.

Survey Administration

    One agency recommended OPM exempt small agencies with fewer than 
1000 employees from the survey requirement. As an alternative to full 
exemption, this agency recommended OPM consider exempting these 
agencies in the years when the Federal Human Capital Survey is not 
administered by OPM. This agency commented the costs involved in survey 
administration are too great for small agencies. OPM did not adopt this 
agency's primary or alternative recommendation regarding the exemption 
of small agencies. While OPM appreciates the financial impact that all 
agencies must take into consideration when administering the employee 
survey, we note that the law has defined the jurisdiction of these 
regulations as all executive agencies and, therefore, must include 
small agencies in this requirement.
    Another agency commented it would be more cost-efficient for OPM to 
administer the annual survey for all Federal agencies than each agency 
administering on its own. OPM disagrees because the law requires each 
Federal agency to conduct an annual employee survey. Each agency has 
the flexibility to administer the employee survey in a manner that 
meets its objectives. In years when OPM administers the Federal Human 
Capital Survey (FHCS) it will include the items in subpart C. Agencies 
participating in the FHCS will satisfy the annual survey requirement 
for any year in which the FHCS is conducted if all major components are 
represented in the FHCS. It is the agency's responsibility to ensure 
all major components are represented in the results because the law 
does not exclude different segments of agencies, even if they are not 
reported to OPM's Central Personnel Data File (e.g., intelligence 
employees). As a result, agencies may need to supplement their FHCS 
results with survey results from employees not sampled by the FHCS.
    Two labor unions, three non-profit organizations, and one academic 
institution suggested OPM provide one or more survey administration 
options agencies can pursue. As noted in the preceding paragraph, 
agencies have several survey administration options.
    Additionally, these same entities recommended OPM add to the 
regulation a statement prescribing agencies to administer their surveys 
between September 1 and December 31, thus ensuring data comparability. 
OPM does not agree with this recommendation. We believe agencies should 
have the flexibility to administer the employee survey according to 
mission requirements.
    One agency suggested OPM extend the data collection date to January 
31 because of the impact on agencies' abilities to meet the 
requirements related to the Office of Management and Budget's Proud-to-
be-Three Goals. OPM did not adopt this suggestion noting that agencies 
have a 12-month window to meet the survey requirements. We believe this 
timeframe will not cause undue hardship on agencies.
    Another agency recommended OPM provide a clear statement of why 
employees are being asked the questions in these surveys. The Act 
clearly states the purpose is to assess employee satisfaction and 
leadership and

[[Page 49980]]

management practices that contribute to agency performance. OPM is 
issuing these regulations and the required items in accordance with the 
legislation.
    One individual requested that OPM mandate followup action to hold 
agencies accountable for the results of the survey. While OPM agrees 
that followup action should be an integral part of an agency's survey 
process, it is beyond the scope of this regulation for OPM to mandate 
such action because the law only authorizes OPM to issue regulations 
prescribing survey questions. However, OPM will provide supplemental 
guidance to agencies on potential followup actions and the use of 
results from the employee surveys on our Web site at http://www.opm.gov.
    Two agencies conducting employee surveys for the past several years 
expressed concern this new requirement may have a negative impact upon 
the progress these agencies have made in their survey programs. These 
agencies wish to continue to use their agency-specific surveys and not 
participate in the required annual survey. OPM notes this requirement 
is mandated by law and agencies must participate. However, an agency 
can append the required items to an existing survey, or collect data 
from a small, statistically valid sample (OPM will provide supplemental 
guidance on sampling on our Web site at http://www.opm.gov) with 
minimal or no impact on an existing program. We commend those agencies 
that have developed and refined agency-specific surveys that meet their 
goals.

Survey Content

    One agency commented on the lack of reference points and/or 
definitions of key terms for agencies and survey respondents. This 
agency suggested OPM provide a definition of the concepts/terms in 
context with the questions being asked (e.g., manager, supervisor, 
organization). OPM agrees that providing a definition of the key terms 
used in the annual survey will give agencies and respondents a clearer 
understanding of the questions. We have modified section 250.301 to 
include a definition of the terms agency, executives, managers, 
supervisors, team leaders, leaders, work unit, and organization. The 
definitions of these terms are consistent with their use in OPM's 
Federal Human Capital Survey. In addition, we have renumbered the 
subsequent sections of this regulation to ensure uniformity.
    OPM received multiple comments and suggestions on additions to, and 
deletions from, the proposed list of survey items. These comments 
suggested various constructs were not covered in the items, or were not 
covered well, including: pay-for-performance; nepotism; favoritism; 
waste and fraud; managerial performance; employee involvement in 
decision-making; an agency's adherence to Federal laws, rules, 
regulations, and accepted employment practices (particularly as they 
relate to working through unpaid lunch time); and leadership 
competencies. While OPM notes agencies maintain flexibility to expand 
their own surveys and add agency-specific items, we revisited the 
proposed list of survey items to ensure coverage of the legislated 
constructs. As a result, OPM is adding the following items:

------------------------------------------------------------------------
 
-------------------------------------------------------------------------
5. I have trust and confidence in my supervisor.
 
s12. Supervisors/team leaders in my work unit support employee
 development.
 
s13. My talents are used well in the workplace.
 
s14. My training needs are assessed.
 
s18. In my most recent performance appraisal, I understood what I had
 to do to be rated at different performance levels (e.g., Fully
 Successful, Outstanding).
 
s20. Pay raises depend on how well employees perform their jobs.
 
s24. My supervisor supports my need to balance work and family issues.
 
s29. Employees have a feeling of personal empowerment with respect to
 work processes.
 
s30. My workload is reasonable.
 
s31. Managers communicate the goals and priorities of the organization.
 
s33. How satisfied are you with the information you receive from
 management on what's going on in your organization?
 
s35. How satisfied are you with your opportunity to get a better job in
 your organization?
------------------------------------------------------------------------

    One agency recommended OPM provide a ``Do Not Know'' (DNK) option 
for all items while an individual suggested OPM remove the DNK option. 
This individual suggested the practice of comparing dissimilar data is 
not consistent with scientific methodology. OPM disagrees, noting it is 
appropriate to leave out the DNK option when an employee clearly should 
have an opinion and should provide one. For example, all employees have 
opinions about certain benefits, such as pay, so it would be 
appropriate to leave out the DNK option on questions pertaining to it 
(e.g., Question 40, ``Considering everything, how satisfied are you 
with your pay?'') It should be noted response options for the required 
items are consistent with prior administrations of the items in the 
Federal Human Capital Survey.
    One individual stated the survey questions are biased and provide 
responses favorable to management. This individual indicated unions 
should be given the opportunity to provide their own set of questions, 
which can be appended to the management survey, and data should be 
collected by unbiased agency representatives to guard against 
management ``skewing the data'' in their favor. OPM disagrees the items 
are biased. Results from the Federal Human Capital Survey range from 
very positive to much less positive. Additionally, several unions have 
indicated they are in favor of OPM's proposed set of items. Finally, 
agencies can expand their own survey and add agency-specific items, and 
have the

[[Page 49981]]

option to have a third party collect their data.
    Another individual commented that item 19 in the proposed rule; 
``In my organization, leaders generate high levels of motivation and 
commitment in the workforce'' captures the Senior Executive Service 
Executive Core Qualification (ECQ) ``Leading People'' while the other 
four ECQs are not captured. This individual recommends OPM include 
items to capture all the ECQs. OPM did not adopt this recommendation 
noting the survey items are not intended to measure qualifications, but 
rather managerial and leadership practices.

Agency Web Sites

    Three labor unions, three non-profit organizations, and one 
academic institution suggested OPM change the requirement for agencies 
to post survey results to their Web sites from 120 days to 90 days 
after an agency completes survey administration each year. OPM did not 
adopt this suggestion because we believe a shorter timeframe would 
create an undue hardship on many agencies, especially large departments 
that may have to compile results from their different components.
    Additionally, these same entities suggested OPM post all survey 
results on OPM's Web site, while one agency suggested OPM make survey 
results available to the Federal community in odd-numbered years. We 
did not adopt this suggestion noting the Act requires agencies, not 
OPM, to post results on their own Web sites. In addition, agencies have 
the flexibility to add items to their surveys, and therefore, survey 
results may be unique to each specific agency.

Data Reporting

    Three labor unions, three non-profit organizations, and one 
academic institution suggested OPM require all survey data be reported 
as weighted data, if applicable. OPM did not adopt this suggestion 
noting it would be a burden to require agencies to weight their data. 
However, OPM suggests agencies evaluate their data for 
representativeness, and will provide supplemental guidance on processes 
and procedures for doing so. To allow for such evaluations, OPM is 
adding the following demographic items for agencies with 800 or more 
employees to assist in evaluating representativeness: supervisory 
status, gender, ethnicity, race, and agency subcomponent. Agencies with 
fewer than 800 employees are exempt from this requirement. We are 
including this exemption in section 250.302 in an attempt to protect 
the anonymity of respondents in small agencies. Small agencies who wish 
to add demographics to their survey may do so if they wish to evaluate 
representativeness of the survey responders. These demographic items 
will be listed as items 41 through 45, respectively.

Guidance

    Several individuals and agencies submitted questions and requests 
for guidance on administering, analyzing, and reporting on the annual 
employee surveys. To assist agencies in their compliance with these 
rules, OPM will provide supplemental guidance on our Web site to 
include frequently asked questions and answers, instructions on 
sampling and administration, evaluating representativeness, followup 
actions, and strategies for using survey results to effect change in 
various human capital initiatives, at http://www.opm.gov.

Regulatory Flexibility Act

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

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 250

    Authority delegations (Government agencies), Government employees.

Office of Personnel Management.
Linda M. Springer,
Director.

0
Accordingly, OPM is amending 5 CFR part 250, as follows:

PART 250--PERSONNEL MANAGEMENT IN AGENCIES

0
1. The authority citation is revised to read as follows:

    Authority: 5 U.S.C. 1101 note, 1103(a)(5), 1104, 1302, 3301, 
3302, 7101 note; E.O. 13197, 66 FR 7853, 3 CFR 748 (2002); E.O. 
10577, 12 FR 1259, 3 CFR, 1954-1958 Comp., p. 218.

Subpart B--[Added and Reserved]

0
2. Add and reserve subpart B.
0
3. Add subpart C to read as follows:
Sec.
Subpart C--Employee Surveys
250.301 Definitions.
250.302 Survey requirements.
250.303 Availability of results.


Sec.  250.301  Definitions.

Subpart C--Employee Surveys

    In this part--
    Agency means an executive agency as defined in 5 U.S.C. 105.
    Executives are members of the Senior Executive Service or 
equivalent.
    Leaders are an agency's management team. This includes anyone with 
supervisory or managerial duties.
    Managers are those individuals in management positions who 
typically supervise one or more supervisors.
    Organization means an agency, office, or division.
    Supervisors are first-line supervisors who do not supervise other 
supervisors; typically those who are responsible for employees' 
performance appraisals and approval of their leave.
    Team leaders are those who provide employees with day-to-day 
guidance in work projects, but do not have supervisory responsibilities 
or conduct performance appraisals.
    Work unit means an immediate work unit headed by an immediate 
supervisor.


Sec.  250.302  Survey requirements.

    (a) Each executive agency must conduct an annual survey of its 
employees containing the definitions and each question in this subpart.
    (b) Each executive agency may include survey questions unique to 
the agency in addition to the prescribed employee survey questions 
under paragraph (c) of this section.
    (c) The definitions and 45 prescribed employee survey questions and 
response choices are listed in the following tables:

------------------------------------------------------------------------
              Key terms                           Definitions
------------------------------------------------------------------------
Agency...............................  An executive agency as defined in
                                        5 U.S.C. 105.
Executives...........................  Members of the Senior Executive
                                        Service or equivalent.
Leaders..............................  An agency's management team. This
                                        includes anyone with supervisory
                                        or managerial duties.
Managers.............................  Those individuals in management
                                        positions who typically
                                        supervise one or more
                                        supervisors.
Organization.........................  An agency, office, or division.

[[Page 49982]]

 
Supervisors..........................  First-line supervisors who do not
                                        supervise other supervisors;
                                        typically those who are
                                        responsible for employees'
                                        performance appraisals and
                                        approval of their leave.
Team leaders.........................  Those who provide employees with
                                        day-to-day guidance in work
                                        projects, but do not have
                                        supervisory responsibilities or
                                        conduct performance appraisals.
Work unit............................  An immediate work unit headed by
                                        an immediate supervisor.
------------------------------------------------------------------------


------------------------------------------------------------------------
       Employee survey questions            Employee response choices
------------------------------------------------------------------------
                        Personal Work Experiences
------------------------------------------------------------------------
(1) The people I work with cooperate to  Strongly Agree, Agree, Neither
 get the job done.                        Agree Nor Disagree, Disagree,
                                          or Strongly Disagree.
(2) I am given a real opportunity to     Strongly Agree, Agree, Neither
 improve my skills in my organization.    Agree Nor Disagree, Disagree,
                                          or Strongly Disagree.
(3) My work gives me a feeling of        Strongly Agree, Agree, Neither
 personal accomplishment.                 Agree Nor Disagree, Disagree,
                                          or Strongly Disagree.
(4) I like the kind of work I do.......  Strongly Agree, Agree, Neither
                                          Agree Nor Disagree, Disagree,
                                          or Strongly Disagree.
(5) I have trust and confidence in my    Strongly Agree, Agree, Neither
 supervisor.                              Agree Nor Disagree, Disagree,
                                          or Strongly Disagree.
(6) Overall, how good a job do you feel  Very Good, Good, Fair, Poor, or
 is being done by your immediate          Very Poor.
 supervisor/team leader?
------------------------------------------------------------------------
                  Recruitment, Development & Retention
------------------------------------------------------------------------
(7) The workforce has the job-relevant   Strongly Agree, Agree, Neither
 knowledge and skills necessary to        Agree Nor Disagree, Disagree,
 accomplish organizational goals.         Strongly Disagree, or Do Not
                                          Know.
(8) My work unit is able to recruit      Strongly Agree, Agree, Neither
 people with the right skills.            Agree Nor Disagree, Disagree,
                                          Strongly Disagree, or Do Not
                                          Know.
(9) I know how my work relates to the    Strongly Agree, Agree, Neither
 agency's goals and priorities.           Agree Nor Disagree, Disagree,
                                          Strongly Disagree, or Do Not
                                          Know.
(10) The work I do is important........  Strongly Agree, Agree, Neither
                                          Agree Nor Disagree, Disagree,
                                          Strongly Disagree, or Do Not
                                          Know.
(11) Physical conditions (for example,   Strongly Agree, Agree, Neither
 noise level, temperature, lighting,      Agree Nor Disagree, Disagree,
 cleanliness in the workplace) allow      Strongly Disagree, or Do Not
 employees to perform their jobs well.    Know.
(12) Supervisors/team leaders in my      Strongly Agree, Agree, Neither
 work unit support employee development.  Agree Nor Disagree, Disagree,
                                          Strongly Disagree, or Do Not
                                          Know.
(13) My talents are used well in the     Strongly Agree, Agree, Neither
 workplace.                               Agree Nor Disagree, Disagree,
                                          Strongly Disagree, or Do Not
                                          Know.
(14) My training needs are assessed....  Strongly Agree, Agree, Neither
                                          Agree Nor Disagree, Disagree,
                                          Strongly Disagree, or Do Not
                                          Know.
------------------------------------------------------------------------
                           Performance Culture
------------------------------------------------------------------------
(15) Promotions in my work unit are      Strongly Agree, Agree, Neither
 based on merit.                          Agree Nor Disagree, Disagree,
                                          Strongly Disagree, or Do Not
                                          Know.
(16) In my work unit, steps are taken    Strongly Agree, Agree, Neither
 to deal with a poor performer who        Agree Nor Disagree, Disagree,
 cannot or will not improve.              Strongly Disagree, or Do Not
                                          Know.
(17) Creativity and innovation are       Strongly Agree, Agree, Neither
 rewarded.                                Agree Nor Disagree, Disagree,
                                          Strongly Disagree, or Do Not
                                          Know.
(18) In my most recent performance       Strongly Agree, Agree, Neither
 appraisal, I understood what I had to    Agree Nor Disagree, Disagree,
 do to be rated at different              Strongly Disagree, or No Basis
 performance levels (e.g., Fully          to Judge.
 Successful, Outstanding).
(19) In my work unit, differences in     Strongly Agree, Agree, Neither
 performance are recognized in a          Agree Nor Disagree, Disagree,
 meaningful way.                          Strongly Disagree, or Do Not
                                          Know.
(20) Pay raises depend on how well       Strongly Agree, Agree, Neither
 employees perform their jobs.            Agree Nor Disagree, Disagree,
                                          Strongly Disagree or Do Not
                                          Know.
(21) My performance appraisal is a fair  Strongly Agree, Agree, Neither
 reflection of my performance.            Agree Nor Disagree, Disagree,
                                          Strongly Disagree, or Do Not
                                          Know.
(22) Discussions with my supervisor/     Strongly Agree, Agree, Neither
 team leader about my performance are     Agree Nor Disagree, Disagree,
 worthwhile.                              Strongly Disagree, or Do Not
                                          Know.
(23) Managers/supervisors/team leaders   Strongly Agree, Agree, Neither
 work well with employees of different    Agree Nor Disagree, Disagree,
 backgrounds.                             Strongly Disagree, or Do Not
                                          Know.
(24) My supervisor supports my need to   Strongly Agree, Agree, Neither
 balance work and family issues.          Agree Nor Disagree, Disagree,
                                          Strongly Disagree, or Do Not
                                          Know.
------------------------------------------------------------------------
                               Leadership
------------------------------------------------------------------------
(25) I have a high level of respect for  Strongly Agree, Agree, Neither
 my organization's senior leaders.        Agree Nor Disagree, Disagree,
                                          Strongly Disagree, or Do Not
                                          Know.
(26) In my organization, leaders         Strongly Agree, Agree, Neither
 generate high levels of motivation and   Agree Nor Disagree, Disagree,
 commitment in the workforce.             Strongly Disagree, or Do Not
                                          Know.

[[Page 49983]]

 
(27) Managers review and evaluate the    Strongly Agree, Agree, Neither
 organization's progress toward meeting   Agree Nor Disagree, Disagree,
 its goals and objectives.                Strongly Disagree, or Do Not
                                          Know.
(28) Employees are protected from        Strongly Agree, Agree, Neither
 health and safety hazards on the job.    Agree Nor Disagree, Disagree,
                                          Strongly Disagree, or Do Not
                                          Know.
(29) Employees have a feeling of         Strongly Agree, Agree, Neither
 personal empowerment with respect to     Agree Nor Disagree, Disagree,
 work processes.                          Strongly Disagree, or Do Not
                                          Know.
(30) My workload is reasonable.........  Strongly Agree, Agree, Neither
                                          Agree Nor Disagree, Disagree,
                                          Strongly Disagree, or Do Not
                                          Know.
(31) Managers communicate the goals and  Strongly Agree, Agree, Neither
 priorities of the organization.          Agree Nor Disagree, Disagree,
                                          Strongly Disagree, or Do Not
                                          Know.
(32) My organization has prepared        Strongly Agree, Agree, Neither
 employees for potential security         Agree Nor Disagree, Disagree,
 threats.                                 Strongly Disagree, or Do Not
                                          Know.
------------------------------------------------------------------------
                            Job Satisfaction
------------------------------------------------------------------------
(33) How satisfied are you with the      Very Satisfied, Satisfied,
 information you receive from             Neither Satisfied Nor
 management on what's going on in your    Dissatisfied, Dissatisfied, or
 organization?                            Very Dissatisfied.
(34) How satisfied are you with your     Very Satisfied, Satisfied,
 involvement in decisions that affect     Neither Satisfied Nor
 your work?                               Dissatisfied, Dissatisfied, or
                                          Very Dissatisfied.
(35) How satisfied are you with your     Very Satisfied, Satisfied,
 opportunity to get a better job in       Neither Satisfied Nor
 your organization?                       Dissatisfied, Dissatisfied, or
                                          Very Dissatisfied.
(36) How satisfied are you with the      Very Satisfied, Satisfied,
 recognition you receive for doing a      Neither Satisfied Nor
 good job?                                Dissatisfied, Dissatisfied, or
                                          Very Dissatisfied.
(37) How satisfied are you with the      Very Satisfied, Satisfied,
 policies and practices of your senior    Neither Satisfied Nor
 leaders?                                 Dissatisfied, Dissatisfied, or
                                          Very Dissatisfied.
(38) How satisfied are you with the      Very Satisfied, Satisfied,
 training you receive for your present    Neither Satisfied Nor
 job?                                     Dissatisfied, Dissatisfied, or
                                          Very Dissatisfied.
(39) Considering everything, how         Very Satisfied, Satisfied,
 satisfied are you with your job?         Neither Satisfied Nor
                                          Dissatisfied, Dissatisfied, or
                                          Very Dissatisfied.
(40) Considering everything, how         Very Satisfied, Satisfied,
 satisfied are you with your pay?         Neither Satisfied Nor
                                          Dissatisfied, Dissatisfied, or
                                          Very Dissatisfied.
------------------------------------------------------------------------
         Demographics (for agencies with 800 or more employees)
------------------------------------------------------------------------
(41) What is your supervisory status?..  a. Non-Supervisor: You do not
                                          supervise other employees.
                                         b. Team Leader: You are not an
                                          official supervisor; you
                                          provide employees with day-to-
                                          day guidance in work projects,
                                          but do not have supervisory
                                          responsibilities or conduct
                                          performance appraisals.
                                         c. Supervisor: You are
                                          responsible for employees'
                                          performance appraisals and
                                          approval of their leave, but
                                          you do not supervise other
                                          supervisors.
                                         d. Manager: You are in a
                                          management position and
                                          supervise one or more
                                          supervisors.
                                         e. Executive: Member of the
                                          Senior Executive Service or
                                          equivalent.
(42) Are you...........................  a. Male.
                                         b. Female.
(43) Are you Hispanic or Latino?.......  a. Yes.
                                         b. No.
(44) Please select the racial category   a. White.
 or categories with which you most       b. Black or African American.
 closely identify (Please select one or  c. Native Hawaiian or other
 more).                                   Pacific Islander.
                                         d. Asian.
                                         e. American Indian or Alaska
                                          Native.
(45) What is your agency subcomponent?   An agency provided list of
 (If Applicable).                         major divisions, bureaus, or
                                          other components one level
                                          below the agency/department.
------------------------------------------------------------------------

Sec.  250.303  Availability of results.

    (a) Each agency will make the results of its annual survey 
available to the public and post the results on its Web site, unless 
the agency head determines that doing so would jeopardize or negatively 
impact national security. The posted survey results will include the 
following:
    (1) The agency's evaluation of its survey results;
    (2) How the survey was conducted;
    (3) Description of the employee sample, unless all employees are 
surveyed;
    (4) The survey questions and response choices with the prescribed 
questions identified;
    (5) The number of employees surveyed and number of survey 
respondents; and
    (6) The number of respondents for each survey question and each 
response choice.
    (b) Data must be collected by December 31 of each calendar year. 
Each agency must post the beginning and ending dates of its employee 
survey and either the survey results described in paragraph (a) of this 
section or a statement noting the decision not to post no later than 
120 days after the agency completes survey administration. OPM may 
extend this date under unusual circumstances.
    (c) Each agency must submit its survey results to OPM no later than 
120 days after the agency completes survey administration.

[FR Doc. E6-14037 Filed 8-23-06; 8:45 am]
BILLING CODE 6325-39-P