[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Unknown Section]
[Pages 64345-64346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X09-231207]


[[Page 64345]]




OFFICE OF PERSONNEL MANAGEMENT (OPM)



Statement of Regulatory Priorities
The Office of Personnel Management's mission is to ensure the Federal 
Government has an effective civilian workforce. OPM fulfills that 
mission by, among other things, providing human capital advice and 
leadership for the President and Federal agencies; delivering human 
resources policies, products, and services; and holding agencies 
accountable for their human capital practices. OPM's 2009 regulatory 
priorities are designed to support these activities.
Adverse Actions
OPM proposes to amend its regulations governing Federal adverse 
actions. The proposed amendments would clarify the adverse action rules 
regarding reductions in pay and indefinite suspension. In addition, OPM 
proposes to remove unnecessary subparts pertaining to statutory 
requirements, make a number of technical corrections, and utilize 
consistent language for similar regulatory requirements. OPM also 
proposes various revisions to make the regulations more readable.
Pay and Leave Flexibilities in Emergency Situations
OPM will continue efforts to improve Federal pay and leave 
flexibilities available in emergency situations. Drawing on experiences 
and lessons learned in past emergency situations, OPM anticipates 
issuing proposed regulations to reorganize and clarify the 
administration of advance payments, evacuation payments, and special 
allowances.
OPM also anticipates issuing final regulations to entitle an employee 
to use sick leave to provide care for a family member when the relevant 
health authorities or a health care provider have determined that the 
family member's presence in the community would jeopardize the health 
of others because of the family member's exposure to a communicable 
disease. We anticipate a proposal to permit agencies to advance a 
maximum of 240 hours (30 days) of sick leave to an employee if the 
employee's presence on the job would jeopardize the health of others 
because of exposure to a communicable disease, and to advance a maximum 
of 104 hours (13 days) of sick leave to an employee to provide care for 
a family member who would jeopardize the health of others by that 
family member's presence in the community because of exposure to a 
communicable disease.
Benefits for Reservists and their Family Members
OPM will continue to enhance benefits and support work-life balance for 
Federal employees whose family members are serving on active duty. OPM 
anticipates issuing final regulations to implement section 585(b) of 
the National Defense Authorization Act for Fiscal Year 2008 (NDAA) 
(Public Law 110-181, January 28, 2008) that amends the Family and 
Medical Leave Act (FMLA) provisions in 5 U.S.C. 6381-6383 (applicable 
to Federal employees) to provide that a Federal employee who is the 
spouse, son, daughter, parent, or next of kin of a covered 
servicemember with a serious injury or illness is entitled to a total 
of 26 administrative workweeks of leave during a single 12-month period 
to care for the covered servicemember. The covered servicemember must 
be a current member of the Armed Forces, including a member of the 
National Guard or Reserves, who has a serious injury or illness 
incurred in the line of duty on active duty for which he or she is 
undergoing medical treatment, recuperation, or therapy, is otherwise in 
outpatient status, or is otherwise on the temporary disability retired 
list. The regulations would also permit an employee to substitute 
annual or sick leave, including advanced annual or sick leave, for any 
part of the 26-week period of unpaid FMLA leave to care for a covered 
servicemember.
OPM will also continue to support Federal civilian employees called to 
active duty to further serve our Nation. OPM anticipates issuing 
proposed regulations to implement statutory changes that provide a new 
benefit to Federal civilian employees who are members of the Reserve or 
National Guard and who are called or ordered to active duty. Section 
751 of the Omnibus Appropriations Act, 2009 (Public Law 111-8, March 
11, 2009) established a new provision in 5 U.S.C. 5538 that became 
effective on March 15, 2009. Under this new law, eligible Federal 
civilian employees called to active duty may receive a reservist 
differential. The reservist differential is equal to the amount by 
which an employee's projected civilian ``basic pay'' for a covered pay 
period exceeds the employee's actual military ``pay and allowances'' 
allocable to that pay period. While each employing civilian agency is 
responsible for making these payments, OPM, in consultation with the 
Department of Defense, is required to issue regulations to implement 
the new benefit.
Benefits for a Diverse Workforce
OPM will continue to encourage the recruitment and retention of a 
diverse workforce. OPM anticipates issuing final regulations to modify 
definitions related to family member and immediate relative for 
purposes of use of sick leave, funeral leave, voluntary leave transfer, 
voluntary leave bank, and emergency leave transfer. These changes would 
implement section 1 of President Obama's June 17, 2009, Memorandum on 
Federal Benefits and Non-Discrimination and ensure that agencies are 
considering the needs of a widely diverse workforce and providing the 
broadest support possible to employees to help them balance their 
increasing work, personal, and family obligations. As part of OPM's 
continued efforts to support the needs of the Federal workforce during 
times of sickness, funerals, and medical or other emergencies, we are 
proposing to make the definitions of family member and immediate 
relative more explicit to include more examples of relationships that 
are covered under the phrase ``[a]ny individual related by blood or 
affinity'' whose close association with the employee is the equivalent 
of a family relationship. These examples include step-parents and step-
children, grandparents, grandchildren, and same-sex and opposite-sex 
domestic partners. By making these definitions more explicit, we would 
ensure more consistent application of policy across the Federal 
Government and set an example of the Federal Government as a model 
employer of a diverse workforce.
Federal Employees Health Benefits Program (FEHB)
OPM is amending its regulations to provide for continuation of health 
benefits coverage for certain former Senate restaurant employees who 
were transferred to employment with a private contractor. We are also 
proposing to change the annual FEHB Program Open Season to November 1 
through November 30 of each year. We are also adding a new opportunity 
for eligible employees to enroll or change enrollment from self only to 
self and family under the Children's Health Insurance Program 
Reauthorization Act of 2009. We are also changing the regulations to 
allow FEHB plans to offer three options, one of which may be a high 
deductible health plan.

[[Page 64346]]

Federal Employees Dental and Vision Insurance Program (FEDVIP)
OPM is issuing final regulations on changes in the Federal Employees 
Dental and Vision Insurance Program (FEDVIP). We are amending the 
regulations to authorize retroactive enrollment changes when an 
enrollee has lost their spouse through death or divorce or their last 
eligible child marries or reaches age 22.
Federal Employees Group Life Insurance (FEGLI)
OPM is amending its Federal Employees Group Life Insurance (FEGLI) 
regulations to provide for new election opportunities for certain 
civilian and Defense Department employees deployed in support of a 
contingency operation required by Public Law 110-417; provide for the 
continuation of coverage opportunities for Federal employees called to 
active duty required by Public Law 110-181; and update the regulations 
with other changes, clarifications, and corrections.
Federal Long Term Care Insurance Program (FLTCIP)
OPM is issuing a proposed regulation to amend regulations pertaining to 
the Federal Long Term Care Insurance Program (FLTCIP). This proposed 
regulation expands coverage eligibility to domestic partners of 
eligible Federal employees and annuitants.
Training; Supervisory, Management, Executive Development
On October 30, 2004, the President signed the Federal Workforce 
Flexibility Act of 2004 (Act), Public Law 108-411, into law. The Act 
makes several significant changes in the law governing the training and 
development of Federal employees, supervisors, managers, and 
executives. It requires each agency to evaluate, on a regular basis, 
its training programs and plans to ensure that its training activities 
are linked to the accomplishment of its specific performance plans and 
strategic goals, and to modify its training plans and programs as 
needed to accomplish the agency's performance and strategic goals. 
Another change requires agencies to work with OPM to establish 
comprehensive management succession programs designed to develop future 
mangers for the agency. It also requires agencies, in consultation with 
OPM, to establish programs to provide training to managers regarding 
how to relate to employees with unacceptable performance, mentor 
employees, use various actions, options and strategies to improve 
employee performance and productivity, and conduct employee performance 
appraisals. Our proposed revision to the OPM regulations at Parts 410 
and 412 of 5 CFR have been designed to address the changes, and in 
general to increase the emphasis on employee and executive development 
in the Federal Government. The proposed regulations were published for 
public comments. OPM expects publication of final regulations by the 
end of 2009.
Pay System for Senior Professionals (SL/ST)
OPM proposes to amend rules for setting and adjusting pay of senior-
level (SL) and scientific and professional (ST) employees. The Senior 
Professional Performance Act of 2008 changed pay for these employees by 
eliminating their previous entitlement to locality pay and providing 
instead for rates of basic pay up to the rate payable for level III of 
the Executive Schedule (EX-III), or, if the employee is under a 
certified performance appraisal system, the rate payable for level II 
of the Executive Schedule (EX-II). Consistent with this statutory 
emphasis on performance-based pay, these regulations will provide more 
flexible rules for agencies to set and adjust pay for SL and ST 
employees based primarily upon individual performance, contribution to 
the agency's performance, or both, as determined under a rigorous 
performance appraisal system.
Job Announcement and Applicant Notification
OPM is proposing to amend the regulations concerning the content of a 
job announcement. We are also proposing to add regulations to require 
Federal agencies to notify applicants at four points in the hiring 
process; to require agencies to use alternative valid assessment tools, 
excluding lengthy written essays or narratives of knowledge, skills, 
and abilities/competencies, and to require agencies to accept cover 
letters and r[eacute]sum[eacute]s as the initial application for a 
Federal job. With these changes, OPM plans to streamline the Federal 
hiring process and improve an applicant's experience.
BILLING CODE 6325-44-S