[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 BILLING CODE 6325-01-F