Unified Agenda


OFFICE OF PERSONNEL MANAGEMENT (OPM)


OFFICE OF PERSONNEL MANAGEMENT

5 CFR Ch. I

Regulatory Agenda

AGENCY:

Office of Personnel Management.

ACTION:

Semiannual regulatory agenda.

SUMMARY:

The following Office of Personnel Management (OPM) regulations are scheduled for development or review from October 1, 2001 through September 30, 2002. This agenda carries out OPM's responsibilities to publish a semiannual agenda under E.O. 12866 "Regulatory Planning and Review" and the Regulatory Flexibility Act (5 U.S.C. chapter 6). This publication in the Federal Register does not impose a binding obligation on the Office of Personnel Management with regard to any specific item on the agenda. Regulatory action in addition to the items listed is not precluded.

FOR FURTHER INFORMATION CONTACT:

Jacquline D. Carter, (202) 606-1973.

SUPPLEMENTARY INFORMATION:

For this edition of OPM's regulatory agenda, the most important significant regulatory actions are included in The Regulatory Plan, which appears in part II of this issue of the Federal Register. The Regulatory Plan entries are listed in the table of contents below and are denoted by a bracketed bold reference, which directs the reader to the appropriate sequence number in part II.
U.S. Office of Personnel Management.

Kay Coles James, Director.

Office of Personnel Management—Prerule Stage
Sequence Number Title Regulation Identification Number
3906  Availability of Official Information3206-AG92
3907  Privacy Procedures for Personnel Records3206-AJ37

Office of Personnel Management—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
3908  Excepted Service-Schedule A Authority for Nontemporary Part-Time or Intermittent Positions3206-AJ06
3909  Excepted Service - Schedule A Authority for Chinese, Japanese, and Hindu Interpreters3206-AJ43
3910  Employment in the Excepted Service3206-AH83
3911  Clarification of Hiring Authorities3206-AI46
3912  Amendment to Selective Service Registration Requirements3206-AI52
3913  Recruitment and Selection Through Competitive Examination3206-AJ52
3914  Other Than Full-Time Employment (Part-Time, Seasonal, Intermittent)3206-AI22
3915  Order of Release From Competitive Level3206-AI96
3916  Re-Employment Rights3206-AI19
3917  Training3206-AJ19
3918  Classification Appeals of General Schedule Employees3206-AH38
3919  Official Duty Station Determinations for Pay Purposes3206-AH84
3920  Prevailing Rate Systems; Definition of San Joaquin County, California to a Nonappropriated Fund Wage Area3206-AJ35
3921  Job Grading Reviews and Appeals of Federal Wage System Employees3206-AI14
3922  Pay for Administrative Appeals Judge Positions3206-AJ44
3923  Reemployment of Military and Civilian Retirees To Meet Exceptional Employment Needs3206-AI32
3924  Cost-of-Living Allowances (Nonforeign Areas); Revised COLA Regulations Pursuant to Settlement of Litigation3206-AJ27
3925  Miscellaneous Leave Regulations3206-AI44
3926  Retirement; Credit for Military Service3206-AG58
3927  Retirement; Service Credit3206-AH37
3928  Retirement; Debt Collection3206-AE72
3929  Retirement; Court Orders Awarding Survivor Annuities; Correcting or Supplementing the First Order Dividing Marital Property3206-AG28
3930  Retirement; FERS Elections of Coverage3206-AG96
3931  Federal Employees' Health Benefits Program: Continuing FEHB Coverage Into Retirement3206-AI62
3932  Implementation of the Administrative Simplification Provisions of the Health Insurance Portability and Accountability Act of 1996 for the Federal Employees' Health Benefits Program3206-AJ45
3933  Debarments and Suspensions of Health Care Providers From the Federal Employees' Health Benefits Program3206-AD76
3934  Financial Sanctions of Health Care Providers in the Federal Employees' Health Benefits Program3206-AJ42
3935  Govermentwide Debarment and Suspension (Nonprocurement)3206-AJ31
3936  Federal Employees' Group Life Insurance Federal Acquisition Regulation3206-AI65
3937  Federal Employees' Health Benefits Acquisition Regulation: Large Provider Agreements, Subcontracts, and Miscellaneous Changes3206-AJ20
3938  Implementation of Additional Cost Principles in the Federal Employees' Health Benefits Program3206-AJ10

References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
Office of Personnel Management—Final Rule Stage
Sequence Number Title Regulation Identification Number
3939  Excepted Service Promotion and Internal Placement3206-AI51
3940  Excepted Service; Career and Career-Conditional Employment3206-AJ28
3941  Time-in-Grade Restrictions3206-AG06
3942  Promotion and Internal Placement; Accelerated Qualifications3206-AG19
3943  Federal Employment Priority Consideration for the District of Columbia Employees3206-AI28
3944  Reasonable Accommodation Language for Vacancy Announcements3206-AJ11
3945  Placement Assistance and Reduction in Force3206-AJ18
3946  Career Transition Assistance for Surplus and Displaced Federal Employees3206-AJ32
3947  Reduction in Force Retreat Rights3206-AJ14
3948  Locality-Based Comparability Payments3206-AI81
3949  Holidays and Premium Pay3206-AH86
3950  Prevailing Rate Systems; Change in the Survey Cycle for the Pennington South Dakota Nonappropriated Fund Wage Area3206-AJ30
3951  Miscellaneous Changes in Pay and Leave Regulations3206-AJ41
3952  Basic Pay for Employees of Temporary Organizations3206-AJ47
3953  Grade and Pay Retention 3206-AI88
3954  Firefighter Pay3206-AI50
3955  Pay Administration; Availability Pay for Criminal Investigators3206-AJ49
3956  Repeal of Dual Compensation Reduction for Military Retirees3206-AI92
3957  Retention Allowances (Reg Plan Seq No. 150)3206-AJ48
3958  Voluntary Separation Incentive Repayment Waivers3206-AG20
3959  Cost-of-Living Allowances (Nonforeign Areas); Interim COLA Rate Increases Pursuant to Settlement of Litigation3206-AJ26
3960  Cost-of-Living Allowances (Nonforeign Areas);Commissary/Exchange Rates; Survey Frequency; Gradual Reductions3206-AJ40
3961  Absence and Leave: Use of Restored Annual Leave3206-AJ51
3962  Retirement Coverage for the District of Columbia Financial Control Board Employees3206-AG78
3963  Retirement; Coverage-Nonappropriated Fund Instrumentalities3206-AH57
3964  Coverage for Certain Employees of the District of Columbia3206-AI02
3965  Retirement, Health, and Life Insurance Coverage for Certain Employees of the District of Columbia Under the District of Columbia Courts and Justice Technical Corrections Act of 19983206-AI55
3966  Law Enforcement Officer and Firefighter Retirement3206-AJ39
3967  Retirement; State Income Tax Withholding Instrumentalities3206-AH62
3968  Correction of Retirement Coverage Errors Under the Federal Erroneous Retirement Coverage Correction Act3206-AJ38
3969  Retirement; General Administration3206-AI83
3970  Retirement; FERS Basic Annuity3206-AE73
3971  Federal Employees' Group Life Insurance Program: Miscellaneous Changes and Clarifications and Plain Language Rewrite3206-AG63
3972  Federal Employees' Group Life Insurance: Premium Changes and Change in Time Frames for Electing Insurance3206-AJ46
3973  Implementation of Premium Conversion for Executive Branch Federal Employees Participating in the Federal Employees' Health Benefits (FEHB) Program3206-AJ17
3974  Federal Employees Health Benefits Children's Equity3206-AJ34
3975  Suspension of Enrollment in the Federal Employees' Health Benefits Program to Enroll in the TRICARE3206-AJ36

Office of Personnel Management—Long-Term Actions
Sequence Number Title Regulation Identification Number
3976  Probation on Initial Appointment to a Competitive Position3206-AI47
3977  Merit Promotion and Internal Placement3206-AI20
3978  Reemployment Priority List3206-AI34
3979  Performance Management Reform Initiatives3206-AF57
3980  Superior Qualifications Appointments3206-AI00
3981  Personnel Security and Related Programs3206-AC21
3982  Investigations3206-AB92
3983  Federal Employees' Health Benefits Program: Payment of Premiums for Periods of Leave Without Pay or Insufficient Pay3206-AG66
3984  Federal Employees' Health Benefits Program: Effective Dates3206-AI37

Office of Personnel Management—Completed Actions
Sequence Number Title Regulation Identification Number
3985  Career and Career-Conditional Appointment Under Special Authorities3206-AG90
3986  Noncompetitive Appointments of Corporation for National and Community Service Employees3206-AH48
3987  Noncompetitive Appointment of Former Peace Corps and Vista Volunteers3206-AI18
3988  Interagency Placement Program3206-AI24
3989  Repayment of Student Loans3206-AJ33
3990  Pretax Allotments for Health Insurance Premiums3206-AJ16
3991  Pay Administration Under the Fair Labor Standards Act (FLSA)3206-AI15
3992  Recruitment and Relocation Bonuses and Retention Allowances3206-AJ08
3993  Cost-of-Living Allowances (Nonforeign Areas); Guam and the Commonwealth of the Northern Mariana Islands3206-AJ15
3994  Retirement; Law Enforcement Officers and Firefighters3206-AI41
3995  Federal Employees' Group Life Insurance Program: Life Insurance Improvements3206-AI64
3996  Federal Employees' Health Benefits Acquisition Regulation3206-AJ25


Office of Personnel Management (OPM)

Prerule Stage

 


3906. AVAILABILITY OF OFFICIAL INFORMATION

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 552, Freedom of Information Act

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 294

Legal Deadline:

None

Abstract:

The proposed rulemaking will make minor changes to subparts A, B, C, D, E, F and G of 5 CFR 294, Availability of Official Information. The rulemaking will provide additional information on the definition of terms used in the search and review process, update office addresses, use plain language and clarify that any written request that meets the specified marking and content requirements will be recognized as an official FOIA request. These changes are designed to benefit the public by providing updated information on where to direct FOIA requests, and improve the wording of the regulation to fully and accurately meet the provisions of the FOIA. There will be no significant change to the existing operational procedures in place at OPM.

Timetable:
Action Date FR Cite
ANPRM 12/00/01
Final Action 04/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Mary Beth Smith-Toomey, Office of the Chief Information Officer, Office of Personnel Management, 1900 E Street NW., Washington, DC 20415-7900
Phone: 202 606-8358
Fax: 202 418-3251
Email: mbtoomey@opm.gov

RIN:

3206-AG92

3907. ¤ PRIVACY PROCEDURES FOR PERSONNEL RECORDS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 552a

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 297

Legal Deadline:

None

Abstract:

The proposed rulemaking will make minor changes to subparts A, B, C, D, E, F and G of 5 CFR 294, Privacy Procedures for Personnel Records. The rulemaking will provide additional information on the definition of terms used in the search and review process, update office addresses, use plain language and clarify that any written request that meets the specified marking and content requirements will be recognized as an official Privacy Act request. These changes are designed to benefit the public by providing updated information on where to direct Privacy Act requests, and improve the wording of the regulation to fully and accurately meet the provisions of the Privacy Act. There will be no significant change to the existing operational procedures in place at OPM.

Timetable:
Action Date FR Cite
ANPRM 12/00/01
Final Action 05/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Mary Beth Smith-Toomey, Office of the Chief Information Officer, Office of Personnel Management, 1900 E Street NW., Washington, DC 20415-7900
Phone: 202 606-8358
Fax: 202 418-3251
Email: mbtoomey@opm.gov

RIN:

3206-AJ37


Office of Personnel Management (OPM)

Proposed Rule Stage

 


3908. EXCEPTED SERVICE-SCHEDULE A AUTHORITY FOR NONTEMPORARY PART-TIME OR INTERMITTENT POSITIONS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 3301; 5 USC 3307

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 213

Legal Deadline:

None

Abstract:

The Office of Personnel Management proposes to revoke the Schedule A excepted Service appointing authority for nontemporary part-time or intermittent positions for which total annual compensation does not exceed 40 percent of GS-3, step 1, because the conditions justifying the original exception no longer exist.

Timetable:
Action Date FR Cite
NPRM 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Janice Reid, Employment Service, Staffing and Restructuring Policy Division, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0830

RIN:

3206-AJ06

3909. ¤ EXCEPTED SERVICE - SCHEDULE A AUTHORITY FOR CHINESE, JAPANESE, AND HINDU INTERPRETERS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 3301

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 213

Legal Deadline:

None

Abstract:

The Office of Personnel Management proposes to revoke the Schedule A excepted service appointing authority for "Chinese, Japanese and Hindu Interprreters because the conditions justifying the original exception no longer exist.

Timetable:
Action Date FR Cite
NPRM 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Janice Reid, Employment Service, Staffing and Restructuring Policy Division, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0830

RIN:

3206-AJ43

3910. EMPLOYMENT IN THE EXCEPTED SERVICE

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 1302; 5 USC 3301; 5 USC 3302; 5 USC 8151; EO 10577

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 302

Legal Deadline:

None

Abstract:

The revised regulations will make it easier for agencies to understand how to run the excepted service employment system, so they can create better and more efficient employment procedures.

Timetable:
Action Date FR Cite
NPRM 01/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Tina Vay, Employment Service, Staffing and Restructuring Policy Division, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0830
Fax: 202 606-0390

RIN:

3206-AH83

3911. CLARIFICATION OF HIRING AUTHORITIES

Agency:

Office of Personnel Management (OPM)

Priority:

Other Significant

Legal Authority:

5 USC 3301; 5 USC 3302

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 330; 5 CFR 332; 5 CFR 333; 5 CFR 337

Legal Deadline:

None

Abstract:

Makes a number of required perfecting changes to existing regulations.

Timetable:
Action Date FR Cite
NPRM 09/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Raleigh M. Neville, Employment Service, Staffing and Restructuring Policy Division, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0830
Fax: 202 606-0023

RIN:

3206-AI46

3912. AMENDMENT TO SELECTIVE SERVICE REGISTRATION REQUIREMENTS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 3328

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 300

Legal Deadline:

None

Abstract:

Delegates to agencies' determination whether a Federal job applicant's failure to register with the Selective Service was knowing and willful. This change is authorized by an amendment to 5 U.S.C. 3328.

Timetable:
Action Date FR Cite
NPRM 03/29/99 64 FR 14842
NPRM Comment Period End 04/28/99
NPRM 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Janice Reid, Employment Service, Staffing and Restructuring Policy Division, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0830

RIN:

3206-AI52

3913. ¤ RECRUITMENT AND SELECTION THROUGH COMPETITIVE EXAMINATION

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 3301; 5 USC 3302

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 332

Legal Deadline:

None

Abstract:

OPM is issuing an interim regulation to allow agencies to decide how candidates are referred for competitive appointment when agencies fill multiple vacancies simultaneously. We are codifying a long-standing practice (5 U.S.C. 3301 and 3302) of providing agencies with the option of either certifying a candidate for only one vacancy at a time, or certifying a candidate simultaneously for all vacancies for which that candidate expresses an interest, is eligible, and is within reach.

Timetable:
Action Date FR Cite
NPRM 12/00/01
Final Action 04/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Suzy Barker, Director, Examination and Qualification Policy Division, Office of Personnel Management, Employment Service, Washington, DC 20415
Phone: 202 606-0830
Fax: 202 606-0390
Email: smbarker@opm.gov

RIN:

3206-AJ52

3914. OTHER THAN FULL-TIME EMPLOYMENT (PART-TIME, SEASONAL, INTERMITTENT)

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 3301

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 340; 5 CFR 110

Legal Deadline:

None

Abstract:

Grants agencies and employees more flexibility by clarifying agency authority to schedule part-time employees on a pay period, rather than weekly, basis; defines job sharing; modifies seasonal employment.

Timetable:
Action Date FR Cite
NPRM 03/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Diane Tyrrell, Employment Service, Staffing Policy Division, Office of Personnel Management, 9th Floor, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0830
Fax: 202 606-0023

RIN:

3206-AI22

3915. ORDER OF RELEASE FROM COMPETITIVE LEVEL

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 1302; 5 USC 3502; 5 USC 3503

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 351

Legal Deadline:

None

Abstract:

The Office of Personnel Management is proposing retention regulations covering the order in which agencies release competing employees from their competitive levels in a reduction in force.

Timetable:
Action Date FR Cite
NPRM 01/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Thomas A. Glennon, Employment Service, Staffing and Restructuring Policy Division, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0960
Fax: 202 606-2329

RIN:

3206-AI96

3916. RE-EMPLOYMENT RIGHTS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 3582; 5 USC 3301; PL 103-296

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 352

Legal Deadline:

None

Abstract:

Updates provisions to conform to law allowing employees assigned to international organizations under certain conditions to maintain FERS and FICA retirement coverage; current regulations only mention CSRS retirement.

Timetable:
Action Date FR Cite
NPRM 12/00/01

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Janice Reid, Employment Service, Staffing and Restructuring Policy Division, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0830

RIN:

3206-AI19

3917. TRAINING

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 4118

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 410

Legal Deadline:

None

Abstract:

Since the December 1996 publication of the final rules on training, subsections 5 CFR 410.309 (continued service agreements) and 5 CFR 410.404 (expenses of training and meetings) have caused confusion in agencies, the agencies have asked for clearer regulations. 5 CFR 410.309, as written, omits allowance for agency heads to delegate authority to define requirements for continued service. It also omits circumstances when the requirement for continued service can be waived, which has caused confusion for agencies in developing their continued service agreements. Amending 5 CFR 410.309 returns to regulation, language removed in 1996 that has had the unintended effect of limiting agency head authority in the area of continued service agreements for training. With increasing interest in academic education and service agreements, agencies have expressed concern about their legal authority with regard to theses agreements.
As written, 5 CFR 410.404 does not sufficiently clarify distinctions between training and meetings. 5 U.S.C. 4109 provides agencies authority to pay the expenses of training. 5 U.S.C. 4110 provides them authority to pay the expenses of meetings. However, 5 CFR 410.404 blurs the distinctions between these two; amending it would make clear the distinctions, and clarify conditions under which a meeting may be considered training.

Timetable:
Action Date FR Cite
NPRM 04/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

LaVeen Ponds, Office of Workforce Relations, Office of Personnel Management, Office of Human Resource Development, 1900 E Street NW., Washington, DC 20415
Phone: 202 606-1394
Email: lmponds@opm.gov

RIN:

3206-AJ19

3918. CLASSIFICATION APPEALS OF GENERAL SCHEDULE EMPLOYEES

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 5112

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 511, subpart A; 5 CFR 511, subpart F; 5 CFR 511, subpart G

Legal Deadline:

None

Abstract:

The position classification appeals regulations require updating to reflect current organizational nomenclature following a reorganization within OPM.

Timetable:
Action Date FR Cite
NPRM 12/00/01
NPRM Comment Period End 01/00/02
Final Action 03/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Melissa Drummond, Office of Merit Systems Oversight and Effectiveness, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-2530
Fax: 202 606-2663
Email: madrummo@opm.gov

RIN:

3206-AH38

3919. OFFICIAL DUTY STATION DETERMINATIONS FOR PAY PURPOSES

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 5305; 5 USC 5304; 5 USC 5941; EO 10000; PL 101-509, sec 404

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 530; 5 CFR 531; 5 CFR 591

Legal Deadline:

None

Abstract:

These proposed regulations would clarify the location-based pay entitlements of Federal employees who are detailed or temporarily assigned to work at a new location, including telework situations. Location-based pay entitlements include locality payments, special salary rates, and nonforeign area cost-of-living allowances.

Timetable:
Action Date FR Cite
Interim Final Rule 05/09/97 62 FR 25423
Interim Final Rule Comment Period End 07/08/97
NPRM 12/00/01
Final Action 05/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Jeanne D. Jacobson, Workforce Compensation and Performance Service, Office of Personnel Management, Office of Compensation Administration, 1900 E Street NW., Washington, DC 20415
Phone: 202 606-2858
Fax: 202 606-0824
Email: payleave@opm.gov

RIN:

3206-AH84

3920. ¤ PREVAILING RATE SYSTEMS; DEFINITION OF SAN JOAQUIN COUNTY, CALIFORNIA TO A NONAPPROPRIATED FUND WAGE AREA

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 5343

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 532

Legal Deadline:

None

Abstract:

Because of the construction of a new Army and Air Force Exchange service distribution depot at the Sharpe Army Depot in San Joaquin County, California, the Office of Personnel Management will establish a new nonappropriated fund Federal Wage System wage area for San Joaquin County. Pay for Federal blue-collar workers who are paid from nonappropriated funds in the new San Joaquin wage area will be based on local wage surveys ordered to begin in February of each year.

Timetable:
Action Date FR Cite
NPRM 12/00/01
Final Action 03/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Chenty I. Carpenter, Workforce Compensation and Performance Service, Office of Personnel Management, Office of Compensation Administration, 1900 E Street NW., Washington, DC 20415
Phone: 202 606-2848
Fax: 202 606-4264
Email: cicorrea@opm.gov

RIN:

3206-AJ35

3921. JOB GRADING REVIEWS AND APPEALS OF FEDERAL WAGE SYSTEM EMPLOYEES

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 5346

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 532, subpart G

Legal Deadline:

None

Abstract:

The job grading reviews and appeals regulations require updating to reflect current organizational nomenclature following a reorganization within OPM.

Timetable:
Action Date FR Cite
NPRM 01/00/02
NPRM Comment Period End 03/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Melissa Drummond, Office of Merit Systems Oversight and Effectiveness, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-2530
Fax: 202 606-2663
Email: madrummo@opm.gov

RIN:

3206-AI14

3922. ¤ PAY FOR ADMINISTRATIVE APPEALS JUDGE POSITIONS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 5372b

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 534, subpart F

Legal Deadline:

None

Abstract:

These interim regulations implement a new pay system for administrative appeals judge positions. The administrative appeals judge pay system was recently authorized to cover positions that are not classifiable above GS-15 and for which the duties primarily involve reviewing decisions of administrative law judges. OPM is issuing interim regulations to ensure that agencies implement and administer the new administrative appeals judge pay system in a consistent and equitable manner.

Timetable:
Action Date FR Cite
NPRM 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Jeanne D. Jacobson, Workforce Compensation and Performance Service, Office of Personnel Management, Office of Compensation Administration, 1900 E Street NW., Washington, DC 20415
Phone: 202 606-2858
Fax: 202 606-0824
Email: payleave@opm.gov

RIN:

3206-AJ44

3923. REEMPLOYMENT OF MILITARY AND CIVILIAN RETIREES TO MEET EXCEPTIONAL EMPLOYMENT NEEDS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 8344; 5 USC 8468

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 553

Legal Deadline:

None

Abstract:

Establishes new criteria for granting exceptions for key positions in temporary organizations established by law or Executive order. This rule will also expand and clarify the criteria used in exercising this authority.

Timetable:
Action Date FR Cite
NPRM 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Larry Lorenz, Employment Service, Staffing and Restructuring Policy Division, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0830

RIN:

3206-AI32

3924. COST-OF-LIVING ALLOWANCES (NONFOREIGN AREAS); REVISED COLA REGULATIONS PURSUANT TO SETTLEMENT OF LITIGATION

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 5941

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 591

Legal Deadline:

None

Abstract:

As a result of a court-approved settlement of Caraballo, et al. v. United States, No. 1997-0027 (D.V. I.), the Office of Personnel Management will publish revised regulations, pursuant to the terms of the settlement, to implement changes in the methodology used to compute nonforeign area cost-of-living allowances.

Timetable:
Action Date FR Cite
NPRM 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Chenty Carpenter, Workforce Compensation and Performance Service, Office of Personnel Management, Office of Compensation Administration, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-2838
Fax: 202 606-4264
Email: cola@opm.gov

RIN:

3206-AJ27

3925. MISCELLANEOUS LEAVE REGULATIONS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 6311

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 630

Legal Deadline:

None

Abstract:

The Office of Personnel Management is proposing miscellaneous changes in the leave regulations in 5 CFR part 630. The proposed changes will include clarifying provisions on the Federal leave sharing program, home leave, transfer of leave from the U.S. Postal Service, and leave entitlements for employees under 90-day appointments or under part-time or intermittent work schedules. The proposed regulations also will include changes to comply with new legislation requiring lump-sum payment for annual leave for employees transferring from a Department of Defense base that is closing.

Timetable:
Action Date FR Cite
NPRM 03/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Sharon Herzberg, Workforce Compensation and Performance Service, Office of Personnel Management, Office of Compensation Administration, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-2858
Fax: 202 606-0824
Email: payleave@opm.gov

RIN:

3206-AI44

3926. RETIREMENT; CREDIT FOR MILITARY SERVICE

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 8347(a); 5 USC 8461(g); 38 USC 4331

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 8347(a); 5 CFR 8461(g); 5 CFR 842.306; 5 CFR 842.307

Legal Deadline:

None

Abstract:

These regulations implement changes in the treatment of certain military service under CSRS and FERS required under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

Timetable:
Action Date FR Cite
NPRM 12/00/01
Final Action 05/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Christopher H. Ziebarth, Retirement and Insurance Service, Retirement Policy Center, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0299
Email: combox@opm.gov

RIN:

3206-AG58

3927. RETIREMENT; SERVICE CREDIT

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 8347

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 831, subpart C

Legal Deadline:

None

Abstract:

These regulations would provide that no retirement credit could be granted for periods of service for which retirement deductions were refunded and not repaid even when the refund was paid based on an erroneous separation.

Timetable:
Action Date FR Cite
NPRM 12/00/01
Final Action 04/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Patricia A. Rochester, Retirement and Insurance Service, Retirement Policy Center, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0299
Email: combox@opm.gov

RIN:

3206-AH37

3928. RETIREMENT; DEBT COLLECTION

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 8347; 5 USC 8461

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 835(e)

Legal Deadline:

None

Abstract:

These regulations will amend the Civil Service Retirement System (CSRS) and Federal Employees Retirement System (FERS) regulations by consolidating and updating existing regulations in three different subparts of the CSRS regulations and 5 CFR 845 in the FERS regulations to eliminate duplication of the provisions governing debt collection. This item is for subpart E of the new part 835, which will address collections of Government claims from payments made by OPM.

Timetable:
Action Date FR Cite
NPRM 10/05/92 57 FR 45753
Second NPRM 12/00/01
Final Action 06/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Patricia A. Rochester, Retirement and Insurance Service, Retirement Policy Center, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0299
Email: combox@opm.gov

RIN:

3206-AE72

3929. RETIREMENT; COURT ORDERS AWARDING SURVIVOR ANNUITIES; CORRECTING OR SUPPLEMENTING THE FIRST ORDER DIVIDING MARITAL PROPERTY

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 8347; 5 USC 8461

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 838

Legal Deadline:

None

Abstract:

These regulations would establish standards for determining which supplemental or correcting court orders are not "modifications" and the procedures applicable to such orders. They also provide for the continuation of the former spouse's survivor coverage and the reduction in the retiree's annuity until the State court decides the extent of the former spouse's rights to retirement benefits.

Timetable:
Action Date FR Cite
NPRM 02/00/02
Final Action 08/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

John Panagakos, Retirement and Insurance Service, Retirement Policy Center, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0299
Email: combox@opm.gov

RIN:

3206-AG28

3930. RETIREMENT; FERS ELECTIONS OF COVERAGE

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 8347(a); 5 USC 8461(g); PL 99-335, sec 301(d)(3)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 846

Legal Deadline:

None

Abstract:

These regulations implement title III of the Federal Employees Retirement System (FERS) Act of 1986, as amended, dealing with the election of FERS coverage by employees under the Civil Service Retirement System and certain other employees. The regulations contain regulatory and interpretative rules concerning employees' eligibility to elect FERS coverage, procedures for electing FERS coverage, and basic benefits based on the service for employees who elect FERS coverage.

Timetable:
Action Date FR Cite
Interim Final Rule 05/21/87 52 FR 19235
Interim Final Rule 09/13/93 58 FR 47821
Interim Final Rule 06/18/98 63 FR 33231
NPRM 12/00/01
Final Action 02/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Cynthia Reinhold, Retirement and Insurance Service, Retirement Policy Center, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0299
Email: combox@opm.gov

RIN:

3206-AG96

3931. FEDERAL EMPLOYEES' HEALTH BENEFITS PROGRAM: CONTINUING FEHB COVERAGE INTO RETIREMENT

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 8913

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 890

Legal Deadline:

None

Abstract:

This proposed regulation would increase OPM's ability to waive requirements for continuing health benefits coverage into retirement when it is to the advantage of the Government to do so.

Timetable:
Action Date FR Cite
NPRM 04/00/02
Final Action 09/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Barbara Myers, Retirement and Insurance Service, Insurance Policy and Information Division, Office of Personnel Management, Office of Insurance Programs, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0004

RIN:

3206-AI62

3932. ¤ IMPLEMENTATION OF THE ADMINISTRATIVE SIMPLIFICATION PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 FOR THE FEDERAL EMPLOYEES' HEALTH BENEFITS PROGRAM

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

PL 104-191

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 890

Legal Deadline:

None

Abstract:

The administrative simplification provisions on the Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires covered entities (providers, health plans and clearinghouses) to ensure the privacy of individually identifiable personal health information. The Federal Employees' Health Benefits (FEHB) Program has been deemed a health plan, and as such must comply with the security, privacy, and transaction standards that are part of the administrative simplification provisions of HIPAA.

Timetable:
Action Date FR Cite
NPRM 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Abby L. Block, Assistant Director, Office of Insurance Programs, Office of Personnel Management, Retirement and Insurance Group Room 3425, 1900 E Street NW., Washington, DC 20415
Phone: 202 606-0770

RIN:

3206-AJ45

3933. DEBARMENTS AND SUSPENSIONS OF HEALTH CARE PROVIDERS FROM THE FEDERAL EMPLOYEES' HEALTH BENEFITS PROGRAM

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 8902a

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 890, subpart J

Legal Deadline:

None

Abstract:

These regulations will implement section 2 of Public Law 105-266, which amends 5 U.S.C. section 8902a authorizing OPM to debar health care providers who have committed certain types of legal offenses or program-related violations from participation in the Federal Employees' Health Benefits Program (FEHBP), and to levy monetary penalties and assessments against individuals who have improperly obtained payments of FEHBP funds. This legislation removes unnecessary administrative constraints on the agency, provides more flexible and less time consuming procedures, and will improve OPM's administration of sanctions against unfit health care providers.

Timetable:
Action Date FR Cite
Interim Final Rule 10/30/89 54 FR 43939
NPRM 12/00/01

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

J. David Cope, Debarring Official, Office of the Inspector General, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-2851
Fax: 202 606-2153
Email: jdcope@opm.gov

RIN:

3206-AD76

3934. ¤ FINANCIAL SANCTIONS OF HEALTH CARE PROVIDERS IN THE FEDERAL EMPLOYEES' HEALTH BENEFITS PROGRAM

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 8902a

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 890, subpart J

Legal Deadline:

None

Abstract:

These regulations will implement the financial sanctions provisions of the Federal Employees' Health Care Protection Act of 1998 (Pub. L. 105-266). In cases where a health care provider had knowingly: (1) submitted false, fraudulent, or misleading claims; (2) failed to provide claims-related information requested by OPM or a FEHBP carrier; or (3) submitted claims while debarred, the statute authorizes OPM to effectuate civil monetary penalties of not more than $10,000 per item or service involved and to assess damages of not more than twice the amount claimed for each item or service. These financial sanctions may be imposed in addition to suspension or debarment; the other forms of sanctions authorized by the statute. The regulatory provisions for suspension and debarment are being implemented in an earlier amendment to 5 CFR 890, subpart J.

Timetable:
Action Date FR Cite
NPRM 07/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

J. David Cope, Debarring Official, Office of the Inspector General, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-2851
Fax: 202 606-2153
Email: jdcope@opm.gov

RIN:

3206-AJ42

3935. ¤ GOVERMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

EO 12549

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 970

Legal Deadline:

None

Abstract:

This is the OPM portion of the OMB-sponsored Governmentwide common rule revision.

Timetable:
Action Date FR Cite
NPRM 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

J. David Cope, Debarring Official, Office of the Inspector General, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-2851
Fax: 202 606-2153
Email: jdcope@opm.gov

RIN:

3206-AJ31

3936. FEDERAL EMPLOYEES' GROUP LIFE INSURANCE FEDERAL ACQUISITION REGULATION

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 8716; 40 USC 486(C)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

48 CFR 1.301

Legal Deadline:

None

Abstract:

This proposed regulation would revise the existing Federal Employees' Group Life Insurance Federal Acquisition Regulation (LIFAR) by updating and revising policy regulation with respect to the acquisition and administration of life insurance contract(s) for Federal employees.

Timetable:
Action Date FR Cite
NPRM 12/00/01
Final Action 04/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Procurement:

This is a procurement-related action for which there is no statutory requirement. There is no paperwork burden associated with this action.

Agency Contact:

Anne Easton, Retirement and Insurance Services, Insurance Policy and Information Division, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0004
Email: aseaston@opm.gov

RIN:

3206-AI65

3937. FEDERAL EMPLOYEES' HEALTH BENEFITS ACQUISITION REGULATION: LARGE PROVIDER AGREEMENTS, SUBCONTRACTS, AND MISCELLANEOUS CHANGES

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 8913; 40 USC 486(c); 48 CFR 1.301

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

48 CFR 1602; 48 CFR 1604; 48 CFR 1615

Legal Deadline:

None

Abstract:

The Office of Personnel Management (OPM) is proposing a new policy that establishes notification and information requirements, including audit, for Federal Employees' Health Benefits (FEHB) experience-rated carrier large provider agreements. The proposed regulation also revises the threshold for advance approval of carrier subcontracts.

Timetable:
Action Date FR Cite
NPRM 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Procurement:

This is a procurement-related action for which there is no statutory requirement. There is no paperwork burden associated with this action.

Agency Contact:

Mike Kazynski, Retirement and Insurance Service, Insurance Policy and Information Division, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0004
Email: mwkaszyn@opm.gov

RIN:

3206-AJ20

3938. IMPLEMENTATION OF ADDITIONAL COST PRINCIPLES IN THE FEDERAL EMPLOYEES' HEALTH BENEFITS PROGRAM

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 8913; 40 USC 486(c); 48 CFR 1.301

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

48 CFR 1630; 48 CFR 1631; 48 CFR 1652

Legal Deadline:

None

Abstract:

The Office of Personnel Management is proposing a regulation that would inform experience-rated carriers in the Federal Employees' Health Benefits Program how it intends to implement additional cost principles.

Timetable:
Action Date FR Cite
NPRM 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Anne Easton, Retirement and Insurance Services, Insurance Policy and Information Division, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0004
Email: aseaston@opm.gov

RIN:

3206-AJ10


Office of Personnel Management (OPM)

Final Rule Stage

 


3939. EXCEPTED SERVICE PROMOTION AND INTERNAL PLACEMENT

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 3301; 5 USC 3302; PL 105-339

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 213; 5 CFR 335

Legal Deadline:

None

Abstract:

The Office of Personnel Management will issue final regulations implementing the provisions of the Veterans Employment Opportunities Act of 1998.

Timetable:
Action Date FR Cite
Interim Final Rule 12/03/98 63 FR 66705
Final Action 02/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Raleigh M. Neville, Employment Service, Staffing and Restructuring Policy Division, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0830
Fax: 202 606-0023

RIN:

3206-AI51

3940. EXCEPTED SERVICE; CAREER AND CAREER-CONDITIONAL EMPLOYMENT

Agency:

Office of Personnel Management (OPM)

Priority:

Other Significant

Legal Authority:

EO 13162

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 213; 5 CFR 315

Legal Deadline:

None

Abstract:

These regulations implement Executive Order 13162, which establishes the Federal Career Intern Program. This program will be used to attract exceptional men and women to the Federal workforce who have diverse professional experiences, academic training, or competencies and prepare them for careers in analyzing and implementing public programs.
This regulation supports the Administration's effort to recruit the highest caliber people to the Federal Government, develop their professional abilities, and retain them in Federal departments and agencies.

Timetable:
Action Date FR Cite
Interim Final Rule 12/14/00 65 FR 78077
Interim Final Rule Effective 12/14/00
Final Action 06/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Karen Jacobs, Employment Service, Staffing and Restructuring Policy Division, Office of Personnel Management, 1900 E Street NW., Washington, DC 20415
Phone: 202 606-0830
Fax: 202 606-0023

RIN:

3206-AJ28

3941. TIME-IN-GRADE RESTRICTIONS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 3301; 5 USC 3302; EO 10577

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 300

Legal Deadline:

None

Abstract:

Eliminates requirement that employees serve one year in-grade to be eligible for promotion above the GS-5 level. This is separate from the qualifications requirement for one year's experience at the next lowest grade or equivalent for promotion.

Timetable:
Action Date FR Cite
NPRM 06/15/94 59 FR 30717
NPRM Comment Period End 01/10/95 60 FR 2546
Final Action 12/00/01

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Tina Vay, Employment Service, Staffing and Restructuring Policy Division, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0830
Fax: 202 606-0390

RIN:

3206-AG06

3942. PROMOTION AND INTERNAL PLACEMENT; ACCELERATED QUALIFICATIONS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 3301; 5 USC 3302; 5 USC 3304

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 316; 5 CFR 335; 5 CFR 338

Legal Deadline:

None

Abstract:

OPM will issue final regulations on Accelerated Qualifications only to authorize agencies to establish intensive training programs for acquiring qualifications at an accelerated rate.

Timetable:
Action Date FR Cite
NPRM 02/20/96 61 FR 6324
Final Action 03/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Karen Jacobs, Employment Service, Staffing and Restructuring Policy Division, Office of Personnel Management, 1900 E Street NW., Washington, DC 20415
Phone: 202 606-0830
Fax: 202 606-0023

RIN:

3206-AG19

3943. FEDERAL EMPLOYMENT PRIORITY CONSIDERATION FOR THE DISTRICT OF COLUMBIA EMPLOYEES

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

PL 105-33

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 330

Legal Deadline:

None

Abstract:

Requires agencies to accord priority consideration to displaced District of Columbia, Department of Corrections employees separated as a result of the closure of the Lorton Correctional complex.

Timetable:
Action Date FR Cite
NPRM 08/04/98 63 FR 41387
Interim Final Rule 01/22/01 66 FR 6427
Interim Final Rule Effective 01/22/01
Final Action 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Jacqueline Yeatman, Employment Service, Staffing and Restructuring Policy Division, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0960
Fax: 202 606-2329

RIN:

3206-AI28

3944. REASONABLE ACCOMMODATION LANGUAGE FOR VACANCY ANNOUNCEMENTS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 1302; 5 USC 3301; 5 USC 3302; 5 USC 3304(f); 5 USC 3327; ...

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 302; 5 CFR 317; 5 CFR 330; 5 CFR 333; 5 CFR 335

Legal Deadline:

None

Abstract:

The Office of Personnel Management is publishing interim regulations requiring a reasonable accommodation statement in agency vacancy announcements.

Timetable:
Action Date FR Cite
Interim Final Rule 12/00/01

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Linda Watson, Employment Service, Examining and Qualification Policy Division, Office of Personnel Management, 1900 E St. NW., Washington, DC 20415
Phone: 202 606-0830
Fax: 202 606-0023
Email: lmwatson@opm.gov

RIN:

3206-AJ11

3945. PLACEMENT ASSISTANCE AND REDUCTION IN FORCE

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 3502

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 330; 5 CFR 351

Legal Deadline:

None

Abstract:

Interim regulations that delete references to the repealed Job Training Partnership Act and replace it with references to the new Workforce Investment Act of 1998.

Timetable:
Action Date FR Cite
Interim Final Rule 10/29/00 65 FR 64133
Interim Final Rule Effective 11/27/00
Final Action 12/00/01

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Pam Galemore, Employment Service, Office of Personnel Management, Workforce Restructuring Policy Division, 1900 E Street NW., Washington, DC 20415
Phone: 202 606-0960
Fax: 202 606-2329

RIN:

3206-AJ18

3946. ¤ CAREER TRANSITION ASSISTANCE FOR SURPLUS AND DISPLACED FEDERAL EMPLOYEES

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 1302; 5 USC 3301; 5 USC 3302; 5 USC 8337(h); 5 USC 8457(b); EO 10577; 3 CFR 1954-58, Comp, p. 218

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 330, subpart F; 5 CFR 330, subpart G

Legal Deadline:

Final, Statutory, September 30, 2001, Career Transition Programs.

Abstract:

To make permanent, the current career transition programs assisting Federal employees displaced from their jobs by downsizing. The regulations remove the September 30, 2001 sunset date and reporting requirements for these programs.

Timetable:
Action Date FR Cite
Interim Final Rule 06/04/01 66 FR 29895
Interim Final Rule Effective 06/04/01
Final Action 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Jacqueline Yeatman, Employment Service, Staffing and Restructuring Policy Division, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0960
Fax: 202 606-2329

RIN:

3206-AJ32

3947. REDUCTION IN FORCE RETREAT RIGHTS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 3502; 5 USC 3503

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 351

Legal Deadline:

None

Abstract:

Interim regulations that clarify a released employee's right to retreat to another position in a reduction in force.

Timetable:
Action Date FR Cite
Interim Final Rule 10/20/00 65 FR 62991
Interim Final Rule Effective 10/20/00
Final Action 01/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Thomas A. Glennon, Employment Service, Staffing and Restructuring Policy Division, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0960
Fax: 202 606-2329

RIN:

3206-AJ14

3948. LOCALITY-BASED COMPARABILITY PAYMENTS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 5304

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 531, subpart F

Legal Deadline:

None

Abstract:

The Office of Personnel Management is issuing final regulations to clarify and redefine the limitations on locality rates of pay for categories of non-General Schedule employees approved by the President's Pay Agent to receive locality pay. This change was prompted by a recent Executive order that delegated the President's authority to determine such limitations to the President's Pay Agent. The final regulations will ensure that all employees receiving locality pay are treated consistently.

Timetable:
Action Date FR Cite
NPRM 03/24/00 65 FR 15875
NPRM Comment Period End 05/23/00
Final Action 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Jeanne D. Jacobson, Workforce Compensation and Performance Service, Office of Personnel Management, Office of Compensation Administration, 1900 E Street NW., Washington, DC 20415
Phone: 202 606-2858
Fax: 202 606-0824
Email: payleave@opm.gov

RIN:

3206-AI81

3949. HOLIDAYS AND PREMIUM PAY

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 5548; 5 USC 6133; 29 USC 204(f)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 532; 5 CFR 550; 5 CFR 551; 5 CFR 610

Legal Deadline:

None

Abstract:

These final regulations implement changes in law that provide (1) authority for compensatory time off for prevailing rate (wage) employees in lieu of overtime pay and (2) agency flexibility in determining the "in lieu of" holiday for employees on compressed work schedules when the actual holiday for the employee is on a nonworkday. A current regulation is also corrected to comply with a provision of law authorizing use of alternative work schedules for civilian nonappropriated fund employees of the armed services.

Timetable:
Action Date FR Cite
Interim Final Rule 05/23/97 62 FR 28305
Final Action 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Jeanne D. Jacobson, Workforce Compensation and Performance Service, Office of Personnel Management, Office of Compensation Administration, 1900 E Street NW., Washington, DC 20415
Phone: 202 606-2858
Fax: 202 606-0824
Email: payleave@opm.gov

RIN:

3206-AH86

3950. ¤ PREVAILING RATE SYSTEMS; CHANGE IN THE SURVEY CYCLE FOR THE PENNINGTON SOUTH DAKOTA NONAPPROPRIATED FUND WAGE AREA

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 5343

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 532

Legal Deadline:

None

Abstract:

To improve administration of local wage surveys for nonappropriated fund Federal blue-collar workers in Pennington County, South Dakota, the Office of Personnel Management will change the dates of annual local wage surveys in the Pennington, SD, nonappropriated fund Federal Wage System area from January to June.

Timetable:
Action Date FR Cite
NPRM 12/19/00 65 FR 79320
Final Action 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Chenty I. Carpenter, Workforce Compensation and Performance Service, Office of Personnel Management, Office of Compensation Administration, 1900 E Street NW., Washington, DC 20415
Phone: 202 606-2848
Fax: 202 606-4264
Email: cicorrea@opm.gov

RIN:

3206-AJ30

3951. ¤ MISCELLANEOUS CHANGES IN PAY AND LEAVE REGULATIONS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 5307; 5 USC 5514; 5 USC 5527; 5 USC 5334; 5 USC 5338; 5 USC 5542(c); 5 USC 5548; 5 USC 6311; 5 USC 4301 et seq; Sec 4(f) of the Fair Labor Standards Act of 1939 as amended

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 353; 5 CFR 531; 5 CFR 550; 5 CFR 551; 5 CFR 630

Legal Deadline:

None

Abstract:

These interim regulations will correct or clarify several provisions dealing with the pay and leave of Federal employees. The changes are needed to make regulations consistent with law and current practice and to eliminate unnecessary agency reports to OPM. Questions and comments from users of the regulations prompted the changes. The interim regulations will assist agencies in administering pay and leave programs in a consistent manner and in accordance with applicable law.

Timetable:
Action Date FR Cite
Interim Final Rule 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Bryce Baker, Workforce Compensation and Performance Service, Office of Personnel Management, Office of Compensation Administration, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-2858
Fax: 202 606-0824
Email: payleave@opm.gov

RIN:

3206-AJ41

3952. ¤ BASIC PAY FOR EMPLOYEES OF TEMPORARY ORGANIZATIONS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 3161(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 534

Legal Deadline:

None

Abstract:

The Office of Personnel Management is issuing interim regulations on setting the rate of basic pay for employees of temporary organizations, as defined in 5 U.S.C. 3161(a).

Timetable:
Action Date FR Cite
Interim Final Rule 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Bryce Baker, Workforce Compensation and Performance Service, Office of Personnel Management, Office of Compensation Administration, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-2858
Fax: 202 606-0824
Email: payleave@opm.gov

RIN:

3206-AJ47

3953. GRADE AND PAY RETENTION

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 5361; 5 USC 5366

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 536

Legal Deadline:

None

Abstract:

The Office of Personnel Management is issuing final regulations giving agencies discretionary authority to grant pay retention to certain employees moving to positions under pay systems other than the General Schedule or the Federal Wage System. This new flexibility will allow agencies to prevent eligible employees from suffering a reduction in pay that would otherwise result from a management action.

Timetable:
Action Date FR Cite
NPRM 05/25/00 65 FR 33785
Final Action 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Sharon Herzberg, Workforce Compensation and Performance Service, Office of Personnel Management, Office of Compensation Administration, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-2858
Fax: 202 606-0824
Email: payleave@opm.gov

RIN:

3206-AI88

3954. FIREFIGHTER PAY

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 5545b

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 410; 5 CFR 550; 5 CFR 551; 5 CFR 591; 5 CFR 630; 5 CFR 870

Legal Deadline:

None

Abstract:

These final regulations implement a 1998 law that changed the pay computation rules for GS-081 firefighters with regular tours of duty averaging at least 53 hours per week.

Timetable:
Action Date FR Cite
Interim Final Rule 11/23/98 63 FR 64589
Interim Final Rule Comment Period End 01/22/99
Final Action 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Sharon Herzberg, Workforce Compensation and Performance Service, Office of Personnel Management, Office of Compensation Administration, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-2858
Fax: 202 606-0824
Email: payleave@opm.gov

RIN:

3206-AI50

3955. ¤ PAY ADMINISTRATION; AVAILABILITY PAY FOR CRIMINAL INVESTIGATORS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 5545(h); 5 USC 5548

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 550

Legal Deadline:

None

Abstract:

These final regulations will clarify a number of issues relating to the administration of availability pay, a form of premium pay for criminal investigators who are required to work, or be available to work, substantial amounts of unscheduled overtime duty based on the needs of the employing agency.

Timetable:
Action Date FR Cite
Interim Final Rule 12/23/94 59 FR 66149
Second Interim Final Rule 01/29/99 64 FR 4517
Final Action 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Kevin Kitchelt, Workforce Compensation and Performance Service, Office of Personnel Management, Office of Compensation Administration, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-2858
Email: payleave@opm.gov

RIN:

3206-AJ49

3956. REPEAL OF DUAL COMPENSATION REDUCTION FOR MILITARY RETIREES

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 8344; 5 USC 8468

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 553

Legal Deadline:

None

Abstract:

The Office of Personnel Management is publishing final regulations to implement the repeal of reduction in military retired or retainer pay required of some military retirees in civilian positions.

Timetable:
Action Date FR Cite
Interim Final Rule 04/12/00 65 FR 19643
Interim Final Rule Effective 04/12/00
Final Action 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Larry Lorenz, Employment Service, Staffing and Restructuring Policy Division, Office of Personnel Management, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-0830

RIN:

3206-AI92

3957. ¤ RETENTION ALLOWANCES

Regulatory Plan:

This entry is Seq. No. 150 in part II of this issue of the Federal Register.

RIN:

3206-AJ48

3958. VOLUNTARY SEPARATION INCENTIVE REPAYMENT WAIVERS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

PL 103-226

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 576

Legal Deadline:

None

Abstract:

Public Law 103-226 authorized OPM to waive repayment of a voluntary separation incentive payment under certain circumstances if a former employee, who accepted the incentive payment, is reemployed by an executive agency of the United States within five years of separation. Later Public Laws, written for specific agencies, usually contain a waiver of repayment provision.

Timetable:
Action Date FR Cite
Interim Final Rule 11/09/94 59 FR 55808
Final Action 12/00/01

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Charles Gray, Employee Service, Office of Personnel Management, Staffing Restructuring Policy Division, 1900 E Street NW., Wasington, DC 20415
Phone: 202 606-0960

RIN:

3206-AG20

3959. COST-OF-LIVING ALLOWANCES (NONFOREIGN AREAS); INTERIM COLA RATE INCREASES PURSUANT TO SETTLEMENT OF LITIGATION

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 5941

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 591

Legal Deadline:

None

Abstract:

As a result of the court-approved settlement of Caraballo, et al. v. United States, No. 1997-0027 (D.V.I.), the Office of Personnel Management (OPM) published regulations to increase on an interim basis the cost-of-living allowance (COLA) rate paid to certain Federal employees in Hawaii County, HI; Kauai County, HI; Maui County, HI; Puerto Rico; and the U.S. Virgin Islands. The increase became effective on the first day of the first pay period beginning on or after October 1, 2000. OPM will adopt the interim regulations as final in a future rulemaking.

Timetable:
Action Date FR Cite
Interim Final Rule 10/03/00 65 FR 58901
Interim Final Rule Effective 10/01/00
Final Action 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Additional Information:

RIN 3206-AJ15 was withdrawn and merged with this RIN 3206-AJ26.

Agency Contact:

Chenty Carpenter, Workforce Compensation and Performance Service, Office of Personnel Management, Office of Compensation Administration, 1900 E Street NW, Washington, DC 20415
Phone: 202 606-2838
Fax: 202 606-4264
Email: cola@opm.gov

RIN:

3206-AJ26

3960. ¤ COST-OF-LIVING ALLOWANCES (NONFOREIGN AREAS);COMMISSARY/EXCHANGE RATES; SURVEY FREQUENCY; GRADUAL REDUCTIONS

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 5941

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 591

Legal Deadline:

None

Abstract:

The Office of Personnel Management (OPM) is issuing regulations to implement recent amendments to Executive Order 10000 regarding nonforeign area cost-of-living allowances (COLAs). There regulations eliminate the separate COLA rate paid to Federal employees with commissary and exchange privileges; allow OPM to conduct COLA surveys less frequently; and permit OPM to reduce COLA rates gradually regardless of the cause of the reduction. These changes will accomplish several of the provisions agreed upon under a recent settlement of litigation concerning nonforeign area COLAs.

Timetable:
Action Date FR Cite
Interim Final Rule 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Kurt Springmann, Workforce Compensation and Performance Service, Office of Personnel Management, Office of Compensation Administration, 1900 E St. NW., Washington, DC 20415
Phone: 202 606-2838
Fax: 202 606-4264
Email: cola@opm.gov

RIN:

3206-AJ40

3961. ¤ ABSENCE AND LEAVE: USE OF RESTORED ANNUAL LEAVE

Agency:

Office of Personnel Management (OPM)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 6