Personnel Management Office 2008 – Federal Register Recent Federal Regulation Documents

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) submitted to the Office of Management and Budget (OMB) a request for clearance and use of Optional Form XX (OF- XX), Certificate of Medical Examination, a revision of Standard Form 78 (SF-78). The Certificate of Medical Examination is used by Federal agencies, OPM examining offices, and Federal agency appointing officials to determine medical qualifications for a specific position. We estimate approximately 45,000 forms will be completed each year. Each form requires from two to three hours to complete. The annual estimated burden is 135,000 hours. Comments: In the 60-Day Notice published in FR Vol. 71, No. 244, on December 20, 2006, we announced our request for review of a new information collection document, OF-XX, Certificate of Medical Examination. OPM invited receipt of public comment on the Optional Form by February 19, 2007, and received comments from three Federal agencies. All changes and recommendations were considered and incorporated as appropriate into the final OF-XX. A discussion of the comments is provided below. One agency inquired why OPM was revising the current SF-78. Revision and replacement is necessary because the SF-78 is no longer accurate. Revisions include making the form optional for agencies to use at their discretion, rather than required; to delete outdated references, such as the Federal Personnel Manual; and to incorporate changes required by 29 CFR 1630.13, which relates to prohibited medical inquiries and examinations related to the Equal Employment Opportunity provisions of the Americans with Disabilities Act. One agency requested that the revised form (OF-XX) be posted to the existing OPM forms Web site; that the form be electronically fillable; and that additional space be provided on the form for a description of employee duties. The OF-XX will be made available on the OPM forms Web site and will be made electronically fillable. Additional space has been provided in Part B of the form for an explanation of employee duties in the subject position. One agency requested that OPM provide adequate space for the clinician to comment on positive findings. OPM added supplemental space to the ``Conclusion'' section in Part C of the OF-XX. One agency requested that OPM reformat Part A to allow added room for names; to create separate and distinct parts; to change ``glasses'' to ``corrective lenses''; to add check boxes to areas where an examiner may document his or her interpretation of test results; and to clearly delineate vision and hearing boxes by moving instructions inside of the boxes where results are to be recorded. OPM addressed these concerns in the development of the OF-XX. For copies of this proposal, contact Margaret A. Miller on (202) 606-2699, Fax (202) 418-3251 or e-mail to mamiller@opm.gov. Please include a mailing address with your request.

The U.S. Office of Personnel Management (OPM) is issuing final regulations that provide agencies with the option of establishing a reduction in force (RIF) competitive area that only includes pay band positions. An agency has this option when a RIF competitive area otherwise includes pay band positions and other positions that are not covered by one or more pay bands.

The U.S. Office of Personnel Management is issuing a final rule to update the 2002 North American Industry Classification System (NAICS) codes currently used in Federal Wage System wage survey industry regulations with the 2007 NAICS revisions published by the Office of Management and Budget.

The Federal Salary Council will meet on September 5 and September 30, 2008, at the times and location shown below. The Council is an advisory body composed of representatives of Federal employee organizations and experts in the fields of labor relations and pay policy. The Council makes recommendations to the President's Pay Agent (the Secretary of Labor and the Directors of the Office of Management and Budget and the Office of Personnel Management) about the locality pay program for General Schedule employees under section 5304 of title 5, United States Code. The Council's recommendations cover the establishment or modification of locality pay areas, the coverage of salary surveys, the process of comparing Federal and non-Federal rates of pay, and the level of comparability payments that should be paid. The September 5 meeting will be devoted to reviewing information and hearing testimony about existing locality pay area boundaries and the establishment of new locality pay areas. The Council will conduct its other business including reviewing the results of pay comparisons and formulating its recommendations to the President's Pay Agent on pay comparison methods, locality pay rates, and locality pay area boundaries for 2010 at the September 30 meeting. Both meetings are open to the public. Please contact the Office of Personnel Management at the address shown below if you wish to submit testimony or present material to the Council at the meetings.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) has submitted to the Office of Management and Budget (OMB) a request for review of an existing information collection. The regulations describe how former spouses give us written notice of a court order requiring us to pay benefits to the former spouse. Specific information is needed before OPM can make court-ordered benefit payments. Approximately 19,000 former spouses apply for benefits based on court orders annually. We estimate it takes approximately 30 minutes to collect the information. The annual burden is 9,500 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251 or via e-mail to MaryBeth.Smith- Toomey@opm.gov. Please include a mailing address with your request.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces the Office of Personnel Management (OPM) has submitted to the Office of Management and Budget (OMB) a request for review of a revised information collection for the OPM Form 1644. Approval for the OPM Form 1644, Child Care Provider Information for the Child Care Subsidy Program for Federal Employees, is used to verify that child care providers are licensed or regulated by local or State authorities, as appropriate. Section 630 of Public Law 107-67, which was enacted on November 12, 2001, permits Federal agencies to use appropriated funds to help their lower income employees with their costs for child care provided by a contractor licensed or regulated by local or State authorities, as appropriate. Therefore, agencies need to verify that child care providers to whom they make disbursements in the form of child care subsidies meet the statutory requirement. Approximately 3500 OPM 1644 forms will be completed annually. We estimate it will take 10 minutes to complete the OPM Form 1644. The annual estimated burden is 333.3 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251 or e-mail to mbtoomey@opm.gov. Please be sure to include a mailing address with your request.

This gives notice of OPM decisions granting authority to make appointments under Schedules A, B, and C in the excepted service as required by 5 CFR 6.6 and 213.103.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13), this notice announces that the U.S. Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for clearance of these information collections: Questionnaire for Non-Sensitive Positions, SF 85; Questionnaire for Public Trust Positions, SF 85P; Supplemental Questionnaire for Selected Positions, SF 85PS; Questionnaire for National Security Positions, SF 86; Continuation Sheet for Questionnaires SF 85, SF 85P, and SF 85PS, SF 86A; Certification Statement for SF 86, SF 86C; and Parallel, electronic versions of the SF 85, SF 85P, SF 85PS, and SF 86, including accompanying releases, housed in a system named e-QIP (Electronic Questionnaires for Investigative Processing). These information collections are completed by applicants for, or incumbents of, Government positions, or positions for the Government under contract, or by military personnel. The collections are used as the basis of information for background investigations to establish that such persons are: Suitable for employment or retention in Federal employment; Fit based on character and conduct for employment or retention as a contractor; Suitable for a public trust position; Suitable for or retention in national security positions as defined in 5 CFR 732; Eligible for or retention in positions requiring access to classified information under Executive Order 12968; Eligible for employment or retention as a Federal employee, Federal contractor or military personnel. When use is necessary, the SF 86A is used in lieu of blank paper as a continuation of the form with which its use is associated and not for any unique purpose exclusive from the associated form. Comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the U.S. OPM and its Federal Investigative Services Division, which administers background investigations; Whether our estimate of the public burden of this collection is accurate, and based on valid assumptions and methodology; Ways in which we can minimize the burden of the collection of information on those who are to respond, through use of the appropriate technological collection techniques or other forms of information technology; and Ways in which we can enhance the quality, utility, and clarity of the information to be collected. The SF 85, SF 85P, SF 85PS, SF 86, SF 86A, and SF 86C are completed by both employees of the Federal Government and individuals not employed with the Federal Government, including Federal contractors and military personnel. Federal employees are defined as those individuals who are employed as civilian or military personnel with the Federal Government. Non- Federal employees include members of the general public and all individuals employed as Federal and military contractors, or individuals otherwise not directly employed by the Federal Government. It is estimated that 45,100 non-Federal individuals will complete the SF 85 annually. Each form takes approximately 30 minutes to complete. The estimated annual public burden is 22,600 hours. It is estimated that 87,400 non-Federal individuals will complete the SF 85P annually. Each form takes approximately 60 minutes to complete. The estimated annual burden is 87,400 hours. It is estimated that 10,600 non-Federal individuals will complete the SF 85PS annually. Each form takes approximately 10 minutes to complete. The estimated annual burden is 1,800 hours. It is estimated that 190,100 non-Federal individuals will complete the SF 86 annually. Each form takes approximately 120 minutes to complete. The estimated annual burden is 380,200 hours. It is estimated that 16,000 non-Federal individuals will complete the SF 86A annually. When this continuation form is used, however, no public burden estimate is provided as it is included with the time computed with the associated security questionnaire. It is estimated that 1,200 non-Federal individuals will complete the SF 86C annually. Each form takes approximately 15 minutes to complete. The estimated annual burden is 300 hours. The total estimated annual number of responses for all forms in this collection is 350,400. The estimated annual burden is 492,300 hours. e-QIP (Electronic Questionnaires for Investigations Processing) is a Web-based system application that houses electronic versions or the SF 85, SF 85P, SF 85PS, and SF 86. This internet data collection tool is used in place of and not in addition to the paper versions of these forms. Individuals using e-QIP will enjoy more convenience, faster processing time, and immediate data validation to ensure accuracy of their personal history information. The data requested on these forms is consistent with that requested on their paper counterparts. While e- QIP will significantly enhance the processing of security questionnaires for processing of background investigations, we do not expect an immediate discernable change to the public burden hours from those cited above for identical paper versions of the forms. However, we expect to have separate, estimated figures for publication in the 30-day Federal Register Notice. In FY 2007, the total number of e-QIP users totaled 622,300. This includes 40,000 submitted on the SF 85; 69,000 on the SF 85P; and 513,300 on the SF 86. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, Fax (202) 418-3251 or e-mail to mbtoomey@opm.gov. Please be sure to include a mailing address with your request.

This proposed rule is one of a number of initiatives the U.S. Office of Personnel Management (OPM) has undertaken to simplify and streamline the system of Federal Government investigative and adjudicative processes to make them more efficient and as equitable as possible. A key objective of these initiatives is to limit duplication of efforts by applying reciprocity where appropriate to those processes. This proposed rule would establish the requirements for applying reciprocity to Federal employment suitability determinations and investigations.

The Office of Personnel Management (OPM) is correcting a final rule to implement certain provisions of the Chief Human Capital Officers Act of 2002, which set forth new OPM and agency responsibilities and requirements to enhance and improve the strategic management of the Federal Government's civilian workforce, as well as the planning and evaluation of agency efforts in that regard. This technical correction makes sure that the authority citation for 5 CFR part 250 is revised for subparts A, B, and C.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the U.S. Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for review of a revised information collection. OPM Form 1673, Procedures for Submitting Compensation and Leave Claims, is used to collect information from current and former Federal civilian employees who are submitting a claim for compensation and/or leave. OPM needs this information in order to adjudicate the claim. Approximately 50 claims are submitted annually. It takes approximately 60 minutes to complete the form. The annual estimated burden is 50 hours. Comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of OPM, and whether it will have practical utility; Whether our estimate of the public burden of this collection is accurate, and based on valid assumptions and methodology; and Ways in which we can minimize the burden of the collection of information on those who are to respond, through use of the appropriate technological collection techniques or other forms of information technology. For copies of this proposal, contact Mary Beth Smith-Toomey at (202) 606-8358, FAX (202) 418-3251, or e-mail to mbtoomey@opm.gov. Please include a mailing address with your request.

The Office of Personnel Management (OPM) is changing the cost- of-living allowance (COLA) rates received by certain white-collar Federal and U.S. Postal Service employees in Puerto Rico and Hawaii County, HI. The changes are the result of interim adjustments OPM calculated based on relative Consumer Price Index differences between the cost-of-living allowance areas and the Washington, DC, area. OPM is also making an additional one-time adjustment to the Puerto Rico COLA rate based on the impact of the new sales tax in Puerto Rico. This regulation increases the COLA rate for Puerto Rico to 13 percent and the COLA rate for Hawaii County, HI, to 18 percent.

The U.S. Office of Personnel Management is issuing final regulations to implement a provision of the National Defense Authorization Act for Fiscal Year 2008 permitting prevailing rate (wage) employees to earn compensatory time off for time spent in a travel status away from the official duty station when such time is not otherwise compensable.

The U.S. Office of Personnel Management (OPM) is issuing final regulations clarifying how an agency determines employees' retention rights when the agency has positions in one or more pay bands. These regulations also clarify the order in which an agency releases employees from a competitive level. Finally, these regulations clarify how an agency determines employees' retention rights when a competitive area includes more than one local commuting area.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) has submitted to the Office of Management and Budget (OMB) a request for extension, without change, of a currently approved information collection. RI 38-47, Information and Instructions on Your Reconsideration Rights, outlines the procedures required to request reconsideration of an initial OPM decision about Civil Service or Federal Employees retirement, Federal or Retired Federal Employees Health Benefits requests to enroll or change enrollment, or Federal Employees' Group Life Insurance coverage. This form lists the procedures and time periods required for requesting reconsideration. Approximately 3,100 annuitants and survivors request reconsideration annually. We estimate it takes approximately 45 minutes to apply. The annual burden is 2,325 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251 or via E-mail to MaryBeth.Smith- Toomey@opm.gov. Please include a mailing address with your request.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for review of a NEW information collection. The INV 16A, Specific Medical Release, and INV 16B, Authorization for Access to Financial Records, are used continuously by Federal and contract investigators as a routine part of background investigations. The collection is completed when it is determined that further inquiry into the respondents' medical record is needed pertaining to mental health counseling and/or drug/alcohol treatment OR upon an affirmative answer on the Standard Form (SF) 86 or SF 85PS regarding mental health. The Customer Consent and Authorization for Access to Financial Records (INV 16B) is used by Federal agencies when conducting a credit inquiry on federal and contract employees, as well as military personnel, who are working in support of Federal Government programs and contracts. The INV 16A and INV 16B will replace current forms OFI 16A; OPM Form 329; OPM Form 329-A; OPM Form 329-B; and OPM 329-C. Previous editions of related forms are not usable. Comments Are Particularly Invited On: Whether this information is necessary for the proper performance of functions of the OPM and its Federal Investigative Services Division, which administers background investigations; Whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; Ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology; and Ways in which we can enhance the quality, utility, and clarity of the information to be collected. The INV 16A and INV 16B are completed by both employees of the Federal Government and individuals not employed with the Federal Government, including Federal contractors, and military personnel. Federal employees are defined as those individuals who are employed as civilians or military personnel with the Federal Government. Non- Federal employees include members of the general public and all individuals employed as Federal and military contractors, or individuals otherwise not directly employed by the Federal Government. Approximately 45,500 INV 16A and 210,000 INV 16B forms will be completed annually by non-Federal individuals. Each form requires approximately 5 minutes to complete. The annual estimated burden is 3,800 and 17,500 hours for the 16A and 16B respectively. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251 or via E-mail to mbtoomey@opm.gov. Please include a mailing address with your request.

In accordance with the Paperwork Reduction Act of 1995, the Office of Personnel Management (OPM) seeks comments on its intention to request an extension of two currently approved information collections. OPM uses the two collections, a Price Survey and a Background Survey, to gather data it uses to determine cost-of-living allowances the Government provides to certain Federal employees in Alaska, Hawaii, Guam and the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. OPM conducts Price Surveys in the Washington, DC, area on an annual basis and once every 3 years in each allowance area on a rotating basis. Prior to these surveys, OPM conducts Background Surveys that are similar to the Price Survey, but much more limited in scope. OPM uses the results of the Background Surveys to prepare for the Price Surveys.

In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as amended by the Computer Matching and Privacy Protection Act of 1988 (Pub. L. 100-503), Office of Management and Budget (OMB) Guidelines on the Conduct of Matching Programs, 54 FR 25818 (June 19, 1989), and OMB Circular No. A-130, ``Management of Federal Information Resources'' (revised November 28, 2000), the Office of Personnel Management (OPM) is publishing notice of its new computer matching program with the Department of Labor, Office of Workers' Compensation Programs (OWCP). The Office of Personnel Management inadvertently published a notice document in the Federal Register of April 11, 2008 (73 FR 19911) titled, ``Privacy Act of 1974; New Computer Matching Program Between the Office of Personnel Management and Social Security Administration.'' This document replaces that notice.

In support of its mission to ensure the Federal Government has an effective civilian workforce, the Office of Personnel Management (OPM) is issuing final regulations governing Federal employment suitability. The final regulations authorize agencies to debar from employment for up to three years those found unsuitable, extend the suitability process to those applying for or who are in positions that can be non-competitively converted to the competitive service, provide additional procedural protections for those found unsuitable for Federal employment, and clarify the scope of authority for the Merit Systems Protection Board (MSPB) to review actions taken under the regulations. The changes also make the regulations more readable.

The U.S. Office of Personnel Management is issuing final regulations to implement a provision of the National Defense Authorization Act for Fiscal Year 2008 which provides a higher limit on the accumulation of annual leave for certain senior-level employees.

The Office of Personnel Management (OPM) is issuing a proposed rule to remove the designation of the Armed Services Board of Contract Appeals (ASBCA) from the Federal Employees Group Life Insurance Federal Acquisition Regulation (LIFAR). The ASBCA designation is no longer appropriate since the creation of the Civilian Board of Contract Appeals by the National Defense Authorization Act of 2006.

The Office of Personnel Management (OPM) is removing part 801 of title 45, Code of Federal Regulations, Voting Rights Program, which prescribes the times, places, manner and procedures for the listing and removal of the names of persons on voter eligibility lists in accordance with sections 6, 7, and 9 of the Voting Rights Act of 1965. Enactment of Public Law 109-246, the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Reauthorization and Amendments Act of 2006 repealed sections 6, 7, and 9 of the Voting Rights Act of 1965, which included the statutory authority for OPM's promulgation of these regulations (Pub. L. 109-246, Section 3. Changes relating to use of examiners and observers. ``(c) Repeal of Sections Relating to Examiners.Sections 6, 7, and 9 of the Voting Rights Act of 1965 (42 U.S.C. 1973d, 1973e and 1973g) are repealed.''). Therefore, OPM is no longer authorized to maintain these regulations.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for review of a revised information collection. Approval for the OPM Form 1644, Child Care Provider Information for the Child Care Subsidy Program for Federal Employees, is used to verify that child care providers are licensed or regulated by local or State authorities, as appropriate. Section 630 of Public Law 107-67, passed by Congress on November 12, 2001, permits Federal agencies to use appropriated funds to help their lower-income employees with their costs for child care provided by a contractor licensed or regulated by local or State authorities, as appropriate. Therefore, agencies need to verify that child care providers to whom they make disbursements in the form of child care subsidies meet the statutory requirement. Approximately 3500 OPM 1644 forms will be completed annually. We estimate it will take 10 minutes to complete the OPM Form 1644. The annual estimated burden is 333.3 hours. Comments are particularly invited on: Whether this information is necessary for the proper performance of functions of OPM, and whether it will have practical utility; Whether our estimates of the public burden of this collection of information are accurate, and based on valid assumptions and methodology; and Ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251 or e-mail to mbtoomey@opm.gov. Please be sure to include a mailing address with your request.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for review of an existing information collection. The regulations describe how former spouses give us written notice of a court order requiring us to pay benefits to the former spouse. Specific information is needed before OPM can make court-ordered benefit payments. Comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Office of Personnel Management, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. Approximately 19,000 former spouses apply for benefits based on court orders annually. We estimate it takes approximately 30 minutes to collect the information. The annual burden is 9,500 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251 or via E-mail to MaryBeth.Smith- Toomey@opm.gov. Please include a mailing address with your request.