[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)]
[Rules and Regulations]
[Pages 75785-75786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30638]



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  Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / 
Rules and Regulations  

[[Page 75785]]



OFFICE OF PERSONNEL MANAGEMENT

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

RIN 3206-AM69


Human Resources Management Reporting Requirements

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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

SUMMARY: The Office of Personnel Management (OPM) is issuing final 
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: January 4, 2016.

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

SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is 
issuing final 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 directives to agencies related to the 
development or submission of agency human capital and other 
workforce plans and reports in connection with recruitment, hiring, 
promotion, retention, professional development, and training 
policies and practices, and develop a strategy for consolidating 
such agency plans and reports where appropriate and permitted by law 
. . .''

This direction is similar in nature to a separate requirement set forth 
in the Government Performance Results Act 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to Congress as duplicative or outdated in FY 2013, which is consistent 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 final rule removes or amends 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 three 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 removing 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 is due within 60 days of the authority's expiration. 
This delay results in data that is three to four 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 monitor agencies' compliance with 
their approved plans. We also are amending the citation for part 576, 
as it contained a typographical error.
     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 removing this requirement and 
requiring 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 EHRI database and also ask 
agencies to address the effectiveness of VERAs in their annual 
performance reports, we are removing paragraph (p) from each of these 
provisions. Agencies are required to report on a quarterly basis, 
within 30 days of the end of each quarter, and a final report is due 
within 60 days of the authority's expiration. This delay results in 
data that is three to four 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 monitor agencies' compliance with their approved plans.

Summary of Comments

    OPM published a proposed rule on October 10, 2014 (79 FR 61266), to 
remove regulatory requirements for Federal agencies to submit reports 
to OPM relating to their implementation of certain human resources 
management programs and authorities. The comment period for the 
proposed rule closed on December 9, 2014. OPM received one comment.

Response to Comment on the Proposed Regulation

    Comment: The Department of Homeland Security submitted the below 
comment with regard to Section 792.204 of the proposed regulation:
    ``With the removal of required annual reporting regarding 
utilization of funds, how will OPM be assured that funds are used for 
the proposed purpose? Will there be a need for random additional 
audits?''
    Response: There will be no formal requirement for OPM to collect 
the data. However, OPM will coordinate with agencies that have a Child 
Care Subsidy Program to continue to informally

[[Page 75786]]

collect data. Currently, there are no plans in place for any formal 
audits at this time.

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.

List of Subjects

5 CFR Part 337

    Government employees.

5 CFR Part 576

    Government employees, Wages.

5 CFR Part 792

    Alcohol abuse, Alcoholism, Day care, Drug use, Government 
employees.

5 CFR Part 831

    Firefighters, Government employees, Income taxes, Intergovernmental 
relations, Law enforcement officers, Pensions, Reporting and 
recordkeeping requirements, Retirement.

5 CFR Part 842

    Air traffic controllers, Alimony, Firefighters, Law enforcement 
officers, Pensions, Retirement.

    U.S. Office of Personnel Management.
Beth F. Cobert,
Acting Director.

    Accordingly, OPM is proposing to amend chapter I of title 5, 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 revised 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. 2015-30638 Filed 12-3-15; 8:45 am]
 BILLING CODE 6325-39-P