[The Regulatory Plan and Unified Agenda of Federal Regulations]
[Office of Personnel Management Regulatory Plan]
[From the U.S. Government Printing Office, www.gpo.gov]


OFFICE OF PERSONNEL MANAGEMENT (OPM)
Statement of Regulatory Priorities
The Office of Personnel Management's overall priorities for the coming 
year will continue to focus on implementation of the National 
Performance Review (NPR) recommendations. What regulatory actions are 
taken will, to a certain extent, depend on the status of civil service 
reform legislation introduced pursuant to the report of the National 
Partnership Council. If civil service reform passes, OPM's regulatory 
efforts will be immediately directed to its implementation. Similarly, 
this Agency is fully prepared to take action in support of the 
Administration's health care reform initiative should a significant OPM 
regulatory role be legislated.
We will continue to implement those NPR recommendations not requiring 
legislation, as was the case in our accelerated sunset of the Federal 
Personnel Manual. Other such NPR recommendations that we are now 
addressing include the following:

 Reform of the Federal Government's position classification 
            system;
 Reform of the Federal Government's Performance Management 
            System;
 Elimination of the Government's time-in-grade restrictions for 
            promotion to enable Federal managers to promote based on 
            demonstrated ability;
 Permission to Federal employees to use accrued sick leave to 
            care for sick or elderly dependents, and permission for 
            sick leave recredit to employees who separate from, and 
            later return to, Federal service, regardless of the length 
            of their separation;
 Deregulation of the Federal Government's merit promotion 
            program to enable agencies to establish internal selection 
            systems consistent with merit principles and other 
            applicable statutory provisions; and
 Deregulation of aspects of the career-conditional appointment 
            system to eliminate unnecessary time limits on 
            reinstatement and simplify rules on acquiring career 
            tenure.
OPM will also be regulating to implement the Federal Workforce 
Restructuring Act of 1994, which contains amendments to the Government 
Employees Training Act. These amendments fulfill an important National 
Performance Review recommendation to remove restrictions on employee 
training to help develop a multiskilled workforce in the Federal 
Government.
Our other significant regulatory focus will be on implementation of the 
Hatch Act Reform Amendments of 1993. Hatch Act reform resulted in two 
main areas requiring OPM regulatory action. First, our regulations will 
deal with political activities that are permitted or prohibited for 
most Federal employees under the amended Hatch Act, as well as specific 
prohibitions which now apply to employees in certain positions and 
agencies. Second, the Act provided for the commercial garnishment of 
employee pay in the executive branch, and we are working with the 
Departments of Justice and Labor to incorporate their comments in 
developing the Act's implementing regulations.
OPM is committed to reinventing our role in the Federal personnel 
community to better serve the Government and the American people. We 
will regulate in areas when regulation is necessary, but will do so in 
a manner that both satisfies statutory requirements and is conducive to 
strong, yet flexible, personnel management. At the same time, we will 
rededicate ourselves to becoming a stronger resource to which agencies 
may turn for expertise and innovative solutions in addressing their 
human resource management needs.
_______________________________________________________________________
OPM
            ___________________________________________________________
PROPOSED RULE STAGE
            ___________________________________________________________
176.  CAREER AND CAREER-CONDITIONAL EMPLOYMENT
Legal Authority:


 5 USC 1302; 5 USC 3301; 5 USC 3302; 5 USC 3304


CFR Citation:


 5 CFR 315


Legal Deadline:


None


Abstract:


Governmentwide rules on reinstatement eligibility and career tenure are 
currently in the Federal Personnel Manual (FPM). With the sunset of the 
FPM, it will be necessary to incorporate this information into 
regulation. OPM would also propose changes to simplify the appointing 
authorities found in chapter 315.


Statement of Need:


Governmentwide rules on reinstatement eligibility and career tenure are 
currently in the FPM. With the sunset of the FPM, it will be necessary 
to incorporate this information into regulation. OPM would also propose 
changes to simplify the appointing authorities found in chapter 315.


Alternatives:


Civil Service Rule 2.2 requires OPM to prescribe ``by regulation'' the 
service requirements for career tenure. Reinstatement, a related 
matter, should be specified by regulation to assure all employees are 
subject to the same rules. Therefore, alternatives to regulating are 
not appropriate.


Risks:


Not determined


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM                                                           10/00/94
Final Action                                                   12/00/94
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
Leota Edwards
Career Entry Group
Staffing Reinvention Office
Office of Personnel Management
1900 E St. NW.
Washington, DC 20415
202 606-0830
RIN: 3206-AG22
_______________________________________________________________________
OPM
177.  PROMOTION AND INTERNAL PLACEMENT
Legal Authority:


 5 USC 3301; 5 USC 3302; 5 USC 3329; EO 10577


CFR Citation:


 5 CFR 316; 5 CFR 335


Legal Deadline:


None


Abstract:


The President's National Performance Review (NPR) has made 
recommendations for a flexible and responsive Federal hiring system, 
including the elimination of the Federal Personnel Manual. Consistent 
with these recommendations, OPM plans to deregulate the merit promotion 
program to enable agencies to establish internal selection systems 
consistent with merit principles and other applicable statutory 
provisions.


Statement of Need:


The President's NPR has made recommendations for a flexible and 
responsive Federal hiring system, including the elimination of the 
Federal Personnel Manual. Consistent with these recommendations. OPM 
plans to deregulate the merit promotion program to enable agencies to 
establish internal selection systems consistent with merit principles 
and other applicable statutory provisions.


Alternatives:


We intend to include in regulation only a basic framework to assure 
agency use of merit-based selection procedures. Alternatives are not 
appropriate. Concerning other materials for which there is a need, OPM 
will use other formats, such as handbooks or pamphlets.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM                                                           10/00/94
Final Action                                                   11/00/94
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
Leota Edwards
Career Entry Group
Staffing Reinvention Office
Office of Personnel Management
1900 E St. NW.
Washington, DC 20415
202 606-0830
RIN: 3206-AG19
_______________________________________________________________________
OPM
178. TRAINING
Legal Authority:


 5 USC 41


CFR Citation:


 5 CFR 410


Legal Deadline:


None


Abstract:


Changes in the regulations to: (1) incorporate revisions to the 
Government Employees Training Act (GETA) contained in the Federal 
Workforce Restructuring Act of 1994; and (2) incorporate any 
requirements in Federal Personnel Manual (FPM) Chapter 410 that need to 
be continued following abolishment of the chapter under FPM sunset. 
Plan to follow negotiated rulemaking procedures in regulations.


Statement of Need:


The Human Resources Development Group (HRDG) plans to amend part 410 of 
5 CFR. This regulatory action is needed to incorporate changes to the 
Government Employees Training Act (GETA), resulting from the passage of 
the Federal Workforce Restructuring Act of 1994. HRDG also plans to 
incorporate in part 410 of 5 CFR the authority granted to agency heads 
to designate Presidential appointees, other than heads of agencies, for 
training. This authority was granted in FPM Letter 410-34 
(provisionally retained). In developing these regulations, HRDG will 
use the negotiated rulemaking process which is endorsed and outlined in 
Executive Order 12866--Regulatory Planning and Review. A memorandum 
from Director King to Sally Katzen, Administrator, Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
acknowledges our intent to use this process for these regulatory 
changes. In addition, by using the negotiated rulemaking process, HRDG 
acknowledges that other regulatory changes or issues may be identified. 
HRDG, along with its partners, will evaluate any additional regulatory 
changes or issues to determine if they are consistent with the 
Administration's philosophy on employee training as outlined in the 
National Performance Review. HRDG estimates the entire process to last 
6 to 7 months with proposed rules being issued in November and final 
rules being issued in January.


Anticipated Costs and Benefits:


OPM foresees no major costs to agencies in implementing these planned 
regulations. In fact, the planned regulations will allow agencies to 
make use of available training services without regard to source, 
Government or non-Government. This will allow agencies the opportunity 
to seek the most cost-effective training solutions and to take 
advantage of the training marketplace.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM                                                           11/00/94
Final Action                                                   01/00/95
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
Judith Lombard/Joseph Kennedy
Human Resources Development Group
Marketing and Information Policy Team
Office of Personnel Management
901 North Stuart St.
Arlington, VA 22203
703 235-1006
RIN: 3206-AF99
_______________________________________________________________________
OPM
179. PERFORMANCE MANAGEMENT REFORM
Legal Authority:


 5 USC 43; 5 USC 45


CFR Citation:


 5 CFR 430; 5 CFR 451


Legal Deadline:


None


Abstract:


Regulatory changes to comply with legislative reforms, in support of 
the National Performance Review (NPR) recommendations that decentralize 
performance management and incentive awards programs to the agencies.


Statement of Need:


Statutory and regulatory changes are needed to implement 
recommendations in the performance management and incentive awards 
programs. The NPR recommendations, as confirmed by the National 
Partnership Council (NPC), suggest decentralization of these programs 
to allow greater agency flexibility in their design to meet the 
differing needs of various agency cultures. It is anticipated that 
legislation will be enacted in the 1994/1995 timeframe. OPM will 
provide such regulations as may be needed to carry out the purpose of 
the law. These program areas do not address risks to public health, 
safety, or the environment.


Alternatives:


The changes being proposed (e.g., providing agencies greater 
flexibility in the design of their performance management and incentive 
awards programs) have received considerable debate within the Federal 
community, culminating with the work of the NPR and the NPC. Proposed 
changes represent the results of a study commissioned from the National 
Science Foundation, report recommendations from two Congressionally 
mandated committees, and proposals made by an interagency workgroup 
composed of selected directors of personnel.


Anticipated Costs and Benefits:


No administrative start-up costs are anticipated over and above the 
amounts necessary to meet consultation and partnership requirements for 
program design and implementation and training of the work force in the 
requirements of the new systems. Reduced costs for the administration 
of agency-designed performance management and incentive awards systems 
are expected to occur over time as agencies adopt programs that are 
simpler and less costly to administer.


Risks:


None


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM                                                           00/00/00
Final Action                                                   00/00/00
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
Doris Hausser, Chief
Performance Management and Incentive Awards Division, OLRWP
Office of Personnel Management
Personnel Systems and Oversight Group
1900 E St. NW.
Washington, DC 20415
202 606-2720
RIN: 3206-AF57
_______________________________________________________________________
OPM
            ___________________________________________________________
FINAL RULE STAGE
            ___________________________________________________________
180. EMPLOYMENT (GENERAL)
Legal Authority:


 5 USC 3303(e)


CFR Citation:


 5 CFR 300


Legal Deadline:


None


Abstract:


OPM proposes to amend its regulations to reflect that agency heads must 
ensure that employees in and applicants for employment at their 
agencies are notified of recently enacted provisions in the Hatch Act 
Reform Amendments of 1993. These provisions prohibit individuals from 
requesting, making, transmitting, accepting, or considering political 
recommendations in taking personnel actions. The proposed regulation 
will not have any budgetary or other monetary impact in terms of 
benefits and costs. It will have interagency effects in obligating 
agency heads to notify employees, as well as applicants for employment, 
of 5 U.S.C. 3303, as amended.


Statement of Need:


Pursuant to the statutory requirement to issue such regulations in 
subsection (e) of 5 USC section 3303, as amended, OPM has prepared a 
proposed regulation requiring agency heads to ensure that employees and 
applicants for employment at their agencies are notified of the 
provision in the Hatch Act Reform Amendments of 1993 which prohibits 
specified individuals from requesting, making, transmitting, accepting, 
or considering political recommendations in effecting personnel 
actions. The proposed regulation was published in the Federal Register 
on February 22, 1994 (59 FR 8419). OPM is reviewing comments on this 
regulation. It is anticipated that this regulation will not result in 
any significant costs to the Government.


Summary of the Legal Basis:


Hatch Act Reform Amendments of 1993, subsection (e) of 5 U.S.C. section 
3303, as amended.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM            59 FR 8419                                     02/22/94
Final Action                                                   10/00/94
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
Jo-Ann Chabot
Attorney
Office of the General Counsel
Office of Personnel Management
1900 E St. NW.
Washington, DC 20415
202 606-1920
RIN: 3206-AF80
_______________________________________________________________________
OPM
181.  TIME-IN-GRADE RESTRICTIONS
Legal Authority:


 5 USC 3301; 5 USC 3302; EO 10577


CFR Citation:


 5 CFR 300


Legal Deadline:


None


Abstract:


As part of its vision for a flexible and responsive hiring system, the 
President's National Performance Review (NPR) has recommended 
elimination of the time-in-grade restriction that required employees to 
serve 1 year in grade for eligibility to be promoted above the GS-5 
level. The National Partnership Council (NPC) made a similar 
recommendation. These regulations would implement the NPR and NPC 
recommendations.


Statement of Need:


As part of its vision for a flexible and responsive hiring system, the 
President's National Performance Review has recommended elimination of 
the time-in-grade restriction that requires employees to serve 1 year 
in grade for eligibility to be promoted above the GS-5 level. These 
regulations would implement the NPR recommendation.


Risks:


Not determined


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM            59 FR 30717                                    06/15/94
Final Action                                                   10/00/94
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
Leota Edwards
Career Entry Group
Staffing Reinvention Office
Office of Personnel Management
1900 E St. NW.
Washington, DC 20415
202 606-0830
RIN: 3206-AG06
_______________________________________________________________________
OPM
182.  CLASSIFICATION SIMPLIFICATION
Legal Authority:


 5 USC 51


CFR Citation:


 5 CFR 511


Legal Deadline:


None


Abstract:


Legal and regulatory changes needed for simplification of the current 
General Schedule (white collar) position classification system.


Statement of Need:


Regulations to simplify the current General Schedule (white collar) 
position classification system will be proposed to implement 
anticipated statutory changes. These statutory and regulatory changes 
have been identified by the National Performance Review (NPR) and the 
National Partnership Council (NPC) as necessary to give agencies, 
managers, and employees sufficient flexibility in work design and 
classification to increase the effectiveness, efficiency and economy of 
the Federal service. It is expected that legislation to implement these 
simplifications will be passed and enacted in the 1994/1995 timeframe. 
These regulatory actions do not address risks to public health, safety, 
or the environment.


Alternatives:


The changes being proposed (e.g., allowing agencies to adopt broad 
banding based on current statutory grade levels) have received 
considerable debate within the Federal community, culminating with the 
work of the NPR and the NPC. Proposed changes represent a long-term 
sifting of alternatives to reach the objectives of greater flexibility 
within an overall framework for the Federal Government.


Anticipated Costs and Benefits:


No significant administrative start-up costs, over and above the 
amounts expended to run the current system, are anticipated. Reduced 
costs for administration of the Federal General Schedule system will 
occur over time as agencies adopt classification plans that are simpler 
and less costly to administer.


Risks:


None


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
Final Action                                                   00/00/00
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
Greg Zygiel
Chief, Policy and Automation Staff, OC
Personnel Systems and Oversight Group
Office of Personnel Management
1900 E St. NW.
Washington, DC 20415
202 606-2486
RIN: 3206-AG27
_______________________________________________________________________
OPM
183. GARNISHMENT OF FEDERAL EMPLOYEE SALARIES
Legal Authority:


 5 USC 5520a; 15 USC 1673


CFR Citation:


 5 CFR 582


Legal Deadline:


None


Abstract:


The Office of Personnel Management is issuing regulations to implement 
section 9 of Public Law 103-94. This section provides a means by which 
the United States Government will be subject to commercial garnishment 
orders.


Statement of Need:


In accordance with Executive Order 12897, OPM was designated to 
promulgate regulations to implement newly enacted legislation in the 
amendments to allow commercial garnishment of the pay of employees in 
the Executive Branch. On March 29, 1994, an interim regulation was 
published in the Federal Register (50 FR 14541). OPM is reviewing 
comments and soliciting advice from the Department of Justice, 
Department of Defense, and Department of Labor in connection with the 
issuance of the final regulation. It is anticipated that this 
regulation will not result in any significant cost to the Government.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
Interim Final Ru59 FR 14541                                    03/29/94
Interim Final Rule Effective                                   03/29/94
Final Action                                                   00/00/00
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
Murray Meeker
Attorney
Office of the General Counsel
Office of Personnel Management
1900 E St. NW.
Washington, DC 20415
202 606-1920
RIN: 3206-AF83
_______________________________________________________________________
OPM
184. ABSENCE AND LEAVE; SICK LEAVE
Legal Authority:


 5 USC 6311


CFR Citation:


 5 CFR 630


Legal Deadline:


None


Abstract:


The proposed regulations would permit employees to use a limited amount 
of sick leave each year to: (1) provide care for a family member as a 
result of sickness, injury, pregnancy, or childbirth; (2) make 
arrangements necessitated by the death of a family member; or (3) 
attend the funeral of a family member. In addition, these proposed 
regulations would remove prospectively the 3-year break-in-service 
limitation on the recredit of sick leave.


Statement of Need:


In response to a recommendation of the National Performance Review, the 
Office of Personnel Management plans to issue final regulations on the 
use and recredit of sick leave for Federal employees. The final 
regulations would permit Federal employees to use a specified portion 
of their accrued and accumulated sick leave to (1) provide care for a 
family member as a result of sickness, injury, pregnancy, or 
childbirth; (2) make arrangements necessitated by the death of a family 
member; or (3) attend the funeral of a family member. In addition, the 
final regulations would remove the 3-year break-in-service limitation 
on the recredit of sick leave. This regulatory change is needed to 
recognize the needs of Federal employees who struggle to maintain an 
often precarious balance between work and family and to assist the 
Federal Government in recruiting and retaining the employees it needs 
to accomplish its mission. This regulatory action is authorized by 5 
U.S.C. 6311. It does not address risks to public health, safety, or the 
environment.


Alternatives:


Various alternatives to the proposal to allow employees to use a total 
of up to 5 days of sick leave each year for family care and bereavement 
purposes (as set forth in the proposed regulations issued on May 11, 
1994) were considered, including a lesser or greater number of days of 
sick leave per year and an unlimited amount of accrued and accumulated 
sick leave. In addition, we considered the possibility of making the 
change involving the recredit of sick leave following a break in 
service retroactive, rather than prospective, in effect.


Anticipated Costs and Benefits:


The change in policy on the purposes for which sick leave may be used 
would not have a quantifiable effect on the overall level of Federal 
expenditures, although it is likely that the overall average usage of 
sick leave would increase marginally. We estimate that the overall 
increase in Federal expenditures resulting from the change in the rule 
on recrediting sick leave would be approximately $5 million over 5 
years. These changes would enable the Federal Government more 
successfully to recruit and retain the employees it needs to accomplish 
its mission.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM            59 FR 24560                                    05/11/94
Final Action                                                   10/00/94
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
Bobby G. Williams
Personnel Systems and Oversight Group
Office of Compensation Policy
Office of Personnel Management
1900 E St. NW.
Washington, DC 20415
202 606-2858
RIN: 3206-AE95
_______________________________________________________________________
OPM
185. POLITICAL ACTIVITY--FEDERAL EMPLOYEES RESIDING IN DESIGNATED 
LOCALITIES
Legal Authority:


 5 USC 7325


CFR Citation:


 5 CFR 733


Legal Deadline:


 Final, Statutory, February 3, 1994.


Abstract:


OPM has issued interim regulations pursuant to 5 U.S.C. 7325, as 
amended by the Hatch Act Reform Amendments of 1993, to continue in 
effect OPM's existing exemptions from the political activity provisions 
of the Hatch Act for employees residing in certain municipalities. 
There are no new budgetary effects, impacts such as benefits and costs, 
or interagency or intergovernmental effects.


Statement of Need:


The amended section 7325 of title 5, U.S.C. authorizes OPM to issue 
regulations exempting the Federal employees of specified communities 
from the provisions of 5 U.S.C. section 7323(a)(2) and (3), which 
prohibit Federal employees from running for partisan political office 
and from soliciting, accepting, or receiving political contributions 
from the general public. This regulation is needed because the statute 
specifies that OPM issue exemptions through regulations. OPM has 
prepared an interim regulation to implement the political activity 
provisions of the amendments. On February 4, 1994, OPM's regulation 
regarding the political activities of Federal employees in designated 
localities was published in the Federal Register (59 FR 5313). OPM is 
reviewing comments on this regulation. It is anticipated that this 
regulation will not result in any significant costs to the Government.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
Interim Final Ru59 FR 5313                                     02/04/94
Final Action                                                   00/00/00
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
Jo-Ann Chabot
Attorney
Office of the General Counsel
Office of Personnel Management
1900 E St. NW.
Washington, DC 20415
202 606-1920
RIN: 3206-AF78
_______________________________________________________________________
OPM
186.  POLITICAL ACTIVITY OF FEDERAL EMPLOYEES
Legal Authority:


 5 USC 7325; 5 USC 1103; 5 USC 1104


CFR Citation:


 5 CFR 734


Legal Deadline:


None


Abstract:


OPM proposes to issue interim regulations pursuant to 5 USC 7325, as 
amended by the Hatch Act Reform Amendments of 1993, as well as 5 USC 
1103-1104, regarding the political activities which the Reform 
Amendments permit or prohibit. There are no new budgetary effects, 
impacts such as benefits and costs, or interagency or intergovernmental 
effects.


Statement of Need:


This regulation is needed because removal is the penalty for violation 
of the amendments' political activity prohibitions. Thus, Federal 
employees must have an exact description of the political activities 
which the amendments permit and prohibit. It is anticipated that this 
regulation will not result in any significant costs to the Government.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
Interim Final Ru59 FR 48765                                    09/23/94
Interim Final Rule Effective                                   09/23/94
Interim Final Rule Comment Period End                          11/22/94
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
Jo-Ann Chabot
Attorney
Office of the General Counsel
Office of Personnel Management
1900 E St. NW.
Washington, DC 20415
202 606-1920
RIN: 3206-AG07
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