[Federal Register Volume 79, Number 197 (Friday, October 10, 2014)]
[Proposed Rules]
[Pages 61266-61267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23295]


 ========================================================================
 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. 79, No. 197 / Friday, October 10, 2014 / 
Proposed Rules  

[[Page 61266]]



 OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 337, 576, 792, 831, and 842

RIN 3206-AM69


Human Resources Management Reporting Requirements

AGENCY: U.S. Office of Personnel Management.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing 
proposed regulations that would remove regulatory requirements for 
Federal agencies to submit reports to OPM relating to their 
implementation of certain human resources management programs and 
authorities.

DATES: Comments must be received on or before December 9, 2014.

ADDRESSES: You may submit comments, identified by RIN number ``3206-
AM69,'' using any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail: Sydney Smith-Heimbrock, Deputy Associate Director for 
Strategic Workforce Planning, Employee Services, U.S. Office of 
Personnel Management, Room 7460, 1900 E Street NW., Washington, DC 
20415.

FOR FURTHER INFORMATION CONTACT: Jan Chisolm-King, by telephone at 
(202) 606-1958 or by email at [email protected].

SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management 
(OPM) is issuing proposed regulations to eliminate several reporting 
requirements for Federal agencies, in accordance with Executive Order 
13583 of August 18, 2011, entitled ``Establishing a Coordinated 
Government-Wide Initiative to Promote Diversity and Inclusion in the 
Federal Workforce.'' This Executive order includes a requirement that 
OPM review applicable human capital directives and reports that are 
related to recruitment, hiring, promotion, retention, professional 
development, and training policies and practices, and to also develop 
strategies for consolidating such plans and reports where appropriate.
    This direction is similar in nature to a separate requirement set 
forth in the GPRA Modernization Act of 2010, Public Law 111-352, to 
identify at least 10 percent of agency reports to Congress as 
duplicative or outdated in FY 2013, which is consistent with the 
requirement to eliminate unnecessary reporting.
    This proposed rule would remove or amend the provisions of title 5, 
Code of Federal Regulations, listed below, which require agency reports 
to OPM that we have determined are no longer necessary.
     Section 337.305 requires agencies to send OPM a copy of 
the annual reports they are required by 5 U.S.C. 3319(d) to send to 
Congress in each of the first 3 years after establishing a category 
rating system. By a memorandum to agencies dated May 11, 2010, the 
President implemented certain items related to Federal hiring reform. 
In his memorandum, the President required agencies use a category 
rating system for evaluating and referring applicants by November 1, 
2010. Because agencies not having a category system in place had to 
implement a system by November 1, 2010, the reporting requirement set 
forth at 5 U.S.C. 3319(d) was met by November 1, 2013, for many if not 
all of the agencies covered by the regulation. Therefore, because 
agencies have met their reporting requirement to Congress, the 
regulatory requirement to provide a copy of the report to OPM is no 
longer applicable.
     Section 576.104 concerns reports on agencies' use of 
voluntary separation incentive payments (VSIPs). Because OPM plans to 
obtain this data, when needed, from its central Enterprise Human 
Resources Integration (EHRI) database and also to ask agencies to 
address the effectiveness of VSIPs in their annual performance reports, 
we are proposing to remove paragraph (b). Currently, agencies are 
required to report on a quarterly basis, within 30 days of the end of 
each quarter, and a final report due within 60 days of the authority's 
expiration. This delay results in data that is 3 to 4 months after 
actual separation dates. It is clear that reporting to EHRI would be on 
the same or similar schedule to the reporting required by this 
regulation. Deleting the regulatory reporting requirement should not 
have an adverse effect on OPM's ability to monitory agencies' 
compliance with their approved plans.
     Section 792.204 requires agencies providing child care 
subsidies to report utilization data to OPM annually. As we have not 
discerned a sufficient level of interest in this information to justify 
requiring it on an annual basis, we are proposing to remove this 
requirement and require agencies to track the utilization of their 
funds and report the results to OPM as needed.
    Sections 831.114 and 842.213 concern reports on agencies' use of 
voluntary early retirement authority (VERAs). Because OPM plans to 
obtain this data, when needed, from its central Enterprise Human 
Resources Integration (EHRI) database and also to ask agencies to 
address the effectiveness of VERAs in their annual performance reports, 
we are proposing to remove paragraph (p) from each of these provisions. 
Currently, agencies are required to report on a quarterly basis, within 
30 days of the end of each quarter, and a final report due within 60 
days of the authority's expiration. This delay results in data that is 
3 to 4 months after actual separation dates. It is clear that reporting 
to EHRI would be on the same or similar schedule to the reporting 
required by this regulation. Deleting the regulatory reporting 
requirement should not have an adverse effect on OPM's ability to 
monitory agencies' compliance with their approved plans.

Executive Order 13563 and Executive Order 12866, Regulatory Review

    The Office of Management and Budget has reviewed this rule in 
accordance with E.O. 13563 and 12866.

Paperwork Reduction Act

    This document does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities because they 
will apply only to Federal agencies and employees.

[[Page 61267]]

List of Subjects in 5 CFR Parts 337, 576, 792, 831, and 842

    Administrative practice and procedure, Government employees, 
Government publications, Reporting and recordkeeping requirements, 
Retirement.

U.S. Office of Personnel Management.
Katherine Archuleta,
Director.

    Accordingly, OPM is proposing to amend title 5, parts 337,576, 792, 
831 and 842, Code of Federal Regulations, as follows:

PART 337--EXAMINING SYSTEM

0
1. The authority citation for part 337 continues to read as follows:

    Authority:  5 U.S.C. 1104(a)(2), 1302, 2302, 3301, 3302, 3304, 
3319, 5364; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218; 33 FR 12423, 
Sept. 4, 1968; 45 FR 18365, Mar. 21, 1980; 116 Stat. 2290, sec. 1413 
of Public Law 108-136 (117 Stat. 1665), as amended by sec. 853 of 
Public Law 110-181 (122 Stat. 250).

Subpart C--Alternative Rating and Selection Procedures


Sec.  337.305  [Removed.]

0
2. Remove Sec.  337.305.

PART 576--VOLUNTARY SEPARATION INCENTIVE PAYMENTS

0
3. The authority citation for part 576 is amended to read as follows:

    Authority:  Sections 3521 through 3525 of title 5, United States 
Code.

0
4. Revise Sec.  576.104 to read as follows:


Sec.  576.104  Additional agency requirements.

    After OPM approves an agency plan for Voluntary Separation 
Incentive Payments, the agency must immediately notify OPM of any 
subsequent changes in the conditions that served as the basis for the 
approval of the Voluntary Separation Incentive Payment authority.

PART 792--FEDERAL EMPLOYEES' HEALTH, COUNSELING, AND WORK/LIFE 
PROGRAMS

0
5. The authority citation for part 792 continues to read as follows:

    Authority:  5 U.S.C. 7361-7363; Sec. 643, Pub. L. 106-58, 113 
Stat. 477; 40 U.S.C. 590(g).

0
6. In Sec.  792.204, remove paragraph (d) and revise paragraph (c) to 
read as follows:


Sec.  792.204  Agency responsibilities; reporting requirement.

* * * * *
    (c) Agencies are responsible for tracking the utilization of their 
funds and reporting the results to OPM at such time and in such manner 
as OPM prescribes.

PART 831--RETIREMENT

0
7. The authority citation for part 831 continues to read as follows:

    Authority:  5 U.S.C. 8347; Sec. 831.102 also issued under 5 
U.S.C. 8334; Sec. 831.106 also issued under 5 U.S.C. 552a; Sec. 
831.108 also issued under 5 U.S.C. 8336(d)(2); Sec. 831.114 also 
issued under 5 U.S.C. 8336(d)(2), and Sec. 1313(b)(5) of Pub. L. 
107-296, 116 Stat. 2135; Sec. 831.201(b)(1) also issued under 5 
U.S.C. 8347(g); Sec. 831.201(b)(6) also issued under 5 U.S.C. 
7701(b)(2); Sec. 831.201(g) also issued under Secs. 11202(f), 
11232(e), and 11246(b) of Pub. L. 105-33, 111 Stat. 251; Sec. 
831.201(g) also issued under Sec. 7(b) and (e) of Pub. L. 105-274, 
112 Stat. 2419; Sec. 831.201(i) also issued under Secs. 3 and 7(c) 
of Pub. L. 105-274, 112 Stat. 2419; Sec. 831.204 also issued under 
Sec. 102(e) of Pub. L. 104-8, 109 Stat. 102, as amended by Sec. 153 
of Pub. L. 104-134, 110 Stat. 1321; Sec. 831.205 also issued under 
Sec. 2207 of Pub. L. 106-265, 114 Stat. 784; Sec. 831.206 also 
issued under Sec. 1622(b) of Pub. L. 104-106, 110 Stat. 515; Sec. 
831.301 also issued under Sec. 2203 of Pub. L. 106-265, 114 Stat. 
780; Sec. 831.303 also issued under 5 U.S.C. 8334(d)(2) and Sec. 
2203 of Pub. L. 106-235, 114 Stat. 780; Sec. 831.502 also issued 
under 5 U.S.C. 8337, and Sec. 1(3), E.O. 11228, 3 CFR 1965-1965 
Comp. p. 317; Sec. 831.663 also issued under 5 U.S.C. 8339(j) and 
(k)(2); Secs. 831.663 and 831.664 also issued under Sec. 11004(c)(2) 
of Pub. L. 103-66, 107 Stat. 412; Sec. 831.682 also issued under 
Sec. 201(d) of Pub. L. 99-261, 100 Stat. 23; Sec. 831.912 also 
issued under Sec. 636 of Appendix C to Pub. L. 106-554, 114 Stat. 
2763A-164; Subpart P also issued under Sec. 535(d) of Title V of 
Division E of Pub. L. 110-161, 121 Stat. 2042; Subpart V also issued 
under 5 U.S.C. 8343a and Sec. 6001 of Pub. L. 100-203, 101 Stat. 
1330-275; Sec. 831.2203 also issued under Sec. 7001(a)(4) of Pub. L. 
101-508, 104 Stat. 1388-328.


Sec.  831.114  [Amended]

0
8. In Sec.  831.114, remove paragraph (p).

PART 842--FEDERAL EMPLOYEES' RETIREMENT SYSTEM--BASIC ANNUITY

0
9. The authority citation for part 842 continues to read as follows:

    Authority:  5 U.S.C. 8461(g); Secs. 842.104 and 842.106 also 
issued under 5 U.S.C. 8461(n); Sec. 842.104 also issued under Secs. 
3 and 7(c) of Pub. L. 105-274, 112 Stat. 2419; Sec. 842.105 also 
issued under 5 U.S.C. 8402(c)(1) and 7701(b)(2); Sec. 842.106 also 
issued under Sec. 102(e) of Pub. L. 104-8, 109 Stat. 102, as amended 
by Sec. 153 of Pub. L. 104-134, 110 Stat. 1321-102; Sec. 842.107 
also issued under Secs. 11202(f), 11232(e), and 11246(b) of Pub. L. 
105-33, 111 Stat. 251, and Sec. 7(b) of Pub. L. 105-274, 112 Stat. 
2419; Sec. 842.108 also issued under Sec. 7(e) of Pub. L. 105-274, 
112 Stat. 2419; Sec. 842.109 also issued under Sec. 1622(b) of 
Public Law 104-106, 110 Stat. 515; Sec. 842.208 also issued under 
Sec. 535(d) of Title V of Division E of Pub. L. 110-161, 121 Stat. 
2042; Sec. 842.213 also issued under 5 U.S.C. 8414(b)(1)(B) and Sec. 
1313(b)(5) of Pub. L. 107-296, 116 Stat. 2135; Secs. 842.304 and 
842.305 also issued under Sec. 321(f) of Pub. L. 107-228, 116 Stat. 
1383; Secs. 842.604 and 842.611 also issued under 5 U.S.C. 8417; 
Sec. 842.607 also issued under 5 U.S.C. 8416 and 8417; Sec. 842.614 
also issued under 5 U.S.C. 8419; Sec. 842.615 also issued under 5 
U.S.C. 8418; Sec. 842.703 also issued under Sec. 7001(a)(4) of Pub. 
L. 101-508, 104 Stat. 1388; Sec. 842.707 also issued under Sec. 6001 
of Pub. L. 100-203, 101 Stat. 1300; Sec. 842.708 also issued under 
Sec. 4005 of Pub. L. 101-239, 103 Stat. 2106 and Sec. 7001 of Pub. 
L. 101-508, 104 Stat. 1388; Subpart H also issued under 5 U.S.C. 
1104; Sec. 842.810 also issued under Sec. 636 of Appendix C to Pub. 
L. 106-554 at 114 Stat. 2763A-164; Sec. 842.811 also issued under 
Sec. 226(c)(2) of Public Law 108-176, 117 Stat. 2529; Subpart J also 
issued under Sec. 535(d) of Title V of Division E of Pub. L. 110-
161, 121 Stat. 2042.


Sec.  842.213  [Amended]

0
10. In Sec.  842.213, remove paragraph (p).

[FR Doc. 2014-23295 Filed 10-9-14; 8:45 am]
BILLING CODE 6325-39-P