Office of Personnel Management – Federal Register Recent Federal Regulation Documents
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Regulatory Agenda
The following Office of Personnel Management (OPM) regulations are scheduled for development or review during the 6-month period following publication. This agenda carries out OPM's responsibilities to publish a semiannual agenda under Executive Order 12866, ``Regulatory Planning and Review,'' and the Regulatory Flexibility Act (5 U.S.C. chapter 6). This publication does not impose a binding obligation on OPM with regard to any specific item on the agenda. Regulatory action in addition to the items listed is not precluded.
Senior Executive Service-Performance Review Board
Notice is hereby given of the appointment of members of the OPM Performance Review Board.
Program Fraud Civil Remedies: Civil Monetary Penalty Inflation Adjustment
This rule adjusts the level of civil monetary penalties contained in U.S. Office of Personnel Management regulations implementing the Program Fraud Civil Remedies Act of 1986, in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget guidance.
Civil Service Retirement System Board of Actuaries Meeting
The Civil Service Retirement System Board of Actuaries plans to meet on Tuesday, May 10, 2022. The meeting will start at 10:00 a.m. EDT and will be held at the U.S. Office of Personnel Management (OPM), 1900 E Street NW, Washington, DC 20415. The purpose of the meeting is for the Board to review the actuarial methods and assumptions used in the valuations of the Civil Service Retirement and Disability Fund (CSRDF).
Submission for Review: Request for Case Review for Enhanced Disability Annuity Benefit, RI 20-123
Retirement Services, Office of Personnel Management (OPM) offers the general public and other federal agencies the opportunity to comment on an expiring information collection (ICR), Request for Case Review for Enhanced Disability Annuity Benefit, RI 20-123.
Excepted Service
This notice identifies Schedule A, B, and C appointing authorities applicable to a single agency that were established or revoked from May 1, 2021 to May 31, 2021.
Excepted Service
This notice identifies Schedule A, B, and C appointing authorities applicable to a single agency that were established or revoked from April 1, 2021 to April 30, 2021.
Excepted Service
This notice identifies Schedule A, B, and C appointing authorities applicable to a single agency that were established or revoked from March 1, 2021 to March 31, 2021.
Submission for Review: CAHPS Enrollee Survey; OMB Number 3206-0274
Healthcare and Insurance, Office of Personnel Management (OPM) offers the general public and other federal agencies the opportunity to comment on the administration of the Consumer Assessment of Healthcare Providers and Systems (CAHPS[supreg]) survey for the Federal Employees Health Benefits (FEHB) Program. CAHPS[supreg] surveys ask consumers and patients to report on and evaluate their experiences with health care. These surveys cover topics that are important to consumers and focus on aspects of quality that consumers are best qualified to assess, such as the communication skills of providers and ease of access to health care services.
Submission for Review: Reemployment of Annuitants
The Office of Personnel Management (OPM) offers the public and other federal agencies the opportunity to comment on an information collection request (ICR), Reemployment of Annuitants.
Information Collection: Application for Death Benefits Under the Federal Employees' Retirement System (SF 3104); and Documentation and Elections in Support of Application for Death Benefits When Deceased Was an Employee at the Time of Death (SF 3104B)
Retirement Services, Office of Personnel Management (OPM) offers the general public and other federal agencies the opportunity to comment on an expiring information collection (ICR), Application for Death Benefits under the Federal Employees' Retirement System (SF 3104); and Documentation and Elections in Support of Application for Death Benefits When Deceased Was an Employee at the Time of Death (SF 3104B).
Submission for Review: Certification of Vaccination Common Form 3206-0277
The Office of Personnel Management (OPM) offers the general public and other federal agencies the opportunity to comment on the renewal of an existing information collection request (ICR) 3206-0277, Certification of Vaccination Common Form. As required by the Paperwork Reduction Act of 1995, as amended by the Clinger-Cohen Act, OPM is soliciting comments for this collection. The information collection was previously published in the Federal Register for a 60-day comment period on November 23, 2021. No comments were received for this information collection. The purpose of this notice is to allow an additional 30 days for public comments.
Comment Request for Review of a Generic Information Collection: Program Services Evaluation Surveys
The Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for review of a currently approved collection, Program Services Evaluation Surveys, as a Generic Collection. Approval of the Program Services Evaluation Surveys is necessary to collect information on Federal agency and program performance, climate, engagement, leadership effectiveness, and give OPM the ability to customize each survey based on client requirements.
Excepted Service
This notice identifies Schedule A, B, and C appointing authorities applicable to a single agency that were established or revoked from September 1, 2021 to September 30, 2021.
Excepted Service
This notice identifies Schedule A, B, and C appointing authorities applicable to a single agency that were established or revoked from August 1, 2021 to August 31, 2021.
Excepted Service
This notice identifies Schedule A, B, and C appointing authorities applicable to a single agency that were established or revoked from July 1, 2021 to July 31, 2021.
Excepted Service
This notice identifies Schedule A, B, and C appointing authorities applicable to a single agency that were established or revoked from June 1, 2021 to June 30, 2021.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the Office of Personnel Management (OPM) is modifying the systems of records listed in this notice to incorporate two routine uses related to breach of personally identifiable information (PII) pursuant to the Office of Management and Budget's Memorandum 17-12. The first routine use deals with the breach of an agency's own records, and the second addresses the disclosure of agency records to assist other agencies in their efforts to respond to a breach of their own records. The new routine use that addresses breaches of an agency's own records replaces the one OPM previously published November 30, 2015 at 80 FR 74815.
Regulatory Agenda
The following Office of Personnel Management (OPM) regulations are scheduled for development or review during the next year. This agenda carries out OPM's responsibilities to publish a semiannual agenda under Executive Order 12866, ``Regulatory Planning and Review,'' and the Regulatory Flexibility Act (5 U.S.C. chapter 6). This publication does not impose a binding obligation on OPM with regard to any specific item on the agenda. Regulatory action in addition to the items listed is not precluded.
Submission for Review: Rollover Election (RI 38-117), Rollover Information (RI 38-118), and Special Tax Notice Regarding Rollovers (RI 37-22), 3206-0212
Retirement Services, Office of Personnel Management (OPM) offers the general public and other federal agencies the opportunity to comment on a revised information collection request (ICR), Rollover Election (RI 38-117), Rollover Information (RI 38-118), and Special Tax Notice Regarding Rollovers (RI 37-22). This ICR has been revised in the following manner: (1) The display of the OMB control number and (2) updated the edition year.
Elijah E. Cummings Federal Employee Anti-Discrimination Act of 2020
The Office of Personnel Management (OPM) is issuing proposed regulations that would govern Federal antidiscrimination (including retaliation) and whistleblower protection. The proposed rule would implement statutory changes and amend the regulations to incorporate technical revisions and other changes relating to these subjects to make the rule more efficient and effective.
Probation on Initial Appointment to a Competitive Position, Performance-Based Reduction in Grade and Removal Actions and Adverse Actions
The Office of Personnel Management (OPM) is issuing proposed regulations governing probation on initial appointment to a competitive position, performance-based reduction in grade and removal actions, and adverse actions. The proposed rule would rescind certain regulatory changes made effective on November 16, 2020 and implements new statutory requirements for procedural and appeal rights for dual status National Guard technicians for certain adverse actions. OPM believes the proposed revisions would support implementation of an Executive Order to empower agencies to rebuild the career Federal workforce and protect the civil service rights of their employees, while preserving appropriate mechanisms for pursuing personnel actions where warranted.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the Office of Personnel Management (``OPM''), proposes to modify an OPM government- wide system of records, OPM/GOVT-5, Recruiting, Examining, and Placement Records, primarily to make clear that records collected and generated in the process of onboarding Federal employees but prior to their entry-on-duty date are included in this system of records. In addition, OPM proposes additional administrative changes to reflect the current OPM organization.
Submission for Review: RI 30-2, Annuitant's Report of Earned Income, 3206-0034
The Retirement Services, Office of Personnel Management (OPM) offers the general public and other Federal agencies the opportunity to comment on a revised information collection (ICR) with edits, Annuitant's Report of Earned Income, RI 30-2. This ICR has been revised in the following manner: (1) The display of the OMB control number (2) updated the survey year (3) updated OPM's mailing address (4) updated the edition date (5) omission of the scannable bubbles (6) added the Federal Relay Service contact information.
Chief Human Capital Officers Council Meeting
The Chief Human Capital Officers (CHCO) Council plans to meet on Tuesday, December 14, 2021. The meeting will start at 9:00 a.m. EDT and will be held by Zoom.
Submission for Review: Report of Withholdings and Contributions for Health Benefits, Life Insurance and Retirement
The Office of Personnel Management (OPM) offers the general public and other Federal agencies the opportunity to comment on the renewal of a previously approved information collection. Standard Form 2812 (Report of Withholdings and Contributions for Health Benefits, Life Insurance and Retirement), Standard Form 2812A (Report of Withholdings and Contributions for Health Benefits by Enrollment Code), and OPM Form 1523 (Supplemental Semiannual Headcount Report).
Proposed Collection; Comment Request for Review of an Information Collection: Certification of Vaccination Common Form
In accordance with the Paperwork Reduction Act of 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 Emergency collection for the OPM Form: Certification of Vaccination Common Form. Approval of the 3206-0277 is necessary for establishing specific safety protocols for two groups ``fully vaccinated people'' and ``not fully vaccinated people'' respectively. Individuals who disclose that they are fully vaccinated may comply with agency guidance for fully vaccinated individuals; those who are unvaccinated, are only partially vaccinated, or who choose not to provide this information will be required to comply with the Centers for Disease Control and Prevention and agency guidance for not fully vaccinated individuals, including wearing masks regardless of the transmission rate in a given area, physical distancing, regular testing, and adhering to applicable travel requirements.
Prescription Drug and Health Care Spending
This document sets forth interim final rules implementing provisions of the Internal Revenue Code (the Code), the Employee Retirement Income Security Act (ERISA), and the Public Health Service Act (PHS Act), as enacted by the Consolidated Appropriations Act, 2021 (CAA). These provisions are applicable to group health plans and health insurance issuers offering group or individual health insurance coverage. These interim final rules add provisions to existing rules under the Code, ERISA, and the PHS Act. These interim final rules implement provisions of the Code, ERISA, and PHS Act that increase transparency by requiring group health plans and health insurance issuers in the group and individual markets to submit certain information about prescription drugs and health care spending to the Department of Health and Human Services (HHS), the Department of Labor (DOL), and the Department of the Treasury (collectively, the Departments). The Departments are issuing these interim final rules with largely parallel provisions that apply to group health plans and health insurance issuers offering group or individual health insurance coverage. The Office of Personnel Management (OPM) is also issuing interim final rules that require Federal Employees Health Benefits (FEHB) carriers to report information about prescription drugs and health care spending in the same manner as a group health plan or health insurance issuer offering group or individual health insurance coverage.
Civil Service Retirement System and Federal Employees' Retirement System; Notice to Same-Sex Spouses of Deceased Federal Employees or Annuitants Whose Marriages Lasted Less Than Nine Months
To establish entitlement to a survivor annuity or basic employee death benefit (``BEDB'') under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS), a ``widow'' or ``widower'' must have been married to a federal employee or annuitant for at least 9 months immediately before the employee or annuitant's death. Same-sex spouses of deceased federal employees or annuitants whose spouse died prior to the time the 9-month marriage requirement could be satisfied may have been prevented or frustrated from satisfying this eligibility requirement as a result of provisions enacted under the Defense of Marriage Act (DOMA) or state laws prohibiting same sex marriages, now understood to have been unconstitutional. Therefore, this notice provides information about when, and under what circumstances, OPM will deem the 9-month marriage requirement satisfied, notwithstanding the actual duration of the marriage, to provide affected applicants with benefits they could have obtained had they been permitted to marry earlier in their states of residence.
Senior Executive Service-Performance Review Board
Notice is hereby given of the appointment of members of the OPM Performance Review Board.
Hiring Authority for College Graduates
The Office of Personnel Management (OPM) is issuing an interim rule, with an opportunity for comment, to amend its career and career- conditional employment regulations. The revision is necessary to implement the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019, which requires OPM to issue regulations, in interim final form, establishing hiring authorities for college graduates into positions at specified grades in the competitive service. The intended effect of the authority is to provide additional flexibility in hiring eligible and qualified individuals.
Access to Federal Employees Health Benefits (FEHB) for Employees of Certain Tribally Controlled Schools; Extension of Comment Period
The Office of Personnel Management (OPM) is extending the comment period to ensure that stakeholders have sufficient opportunity to submit comments on the interim final rule expanding access to FEHB for employees of certain tribally controlled schools.
Submission for Review: 3206-0160, Health Benefits Election Form, Standard Form 2809
Federal Employee Insurance Operations (FEIO), Healthcare & Insurance, Office of Personnel Management (OPM) offers the general public and other federal agencies the opportunity to comment on an expiring information collection request (ICR) without change, Health Benefits Election Form, Standard Form 2809.
Submission for Review: Representative Payee Application/Information Necessary for a Competency Determination
In accordance with the Paperwork Reduction of 1995, Retirement Services, Office of Personnel Management (OPM) is requesting the Office of Management and Budget (OMB) to conduct an emergency review of an existing information collection.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the Office of Personnel Management (OPM) proposes to establish a new system of records titled, ``OPM/Internal25 Reasonable Accommodations Records.'' This system of records will include information that OPM collects and maintains on applicants for employment and employees who request and/or receive reasonable accommodations from OPM for medical or religious reasons.
FEDVIP: Extension of Eligibility to Certain Employees on Temporary Appointments and Certain Employees on Seasonal and Intermittent Schedules; Enrollment Clarifications and Qualifying Life Events
The Office of Personnel Management (OPM) is issuing a proposed rule to expand eligibility for enrollment in the Federal Employees Dental and Vision Insurance Program (FEDVIP) to additional categories of Federal employees. This proposed rule expands eligibility for FEDVIP to certain Federal employees on temporary appointments and certain employees on seasonal and intermittent schedules that became eligible for Federal Employees Health Benefits (FEHB) enrollment beginning in 2015. This rule also expands access to FEDVIP benefits to certain firefighters on temporary appointments and intermittent emergency response personnel who became eligible for FEHB coverage in 2012. This proposed rule also updates the provisions on enrollment for active duty service members who become eligible for FEDVIP as uniformed service retirees pursuant to the National Defense Authorization Act of 2017 (FY17 NDAA). In addition, this rule proposes to add qualifying life events (QLEs) for enrollees who may become eligible for and enroll in dental and/or vision services from the Department of Veterans Affairs (VA). Lastly, the rule also proposes technical corrections and clarifications to the part.
Prevailing Rate Systems; Conduct of Local Wage Surveys
On March 1, 2021, the Office of Personnel Management issued an interim final rule to amend regulations to allow for additional options to collect wage data during Federal Wage System full-scale and wage change surveys, namely, by personal visit, telephone, mail, or electronic means. This change is based on a majority recommendation of the Federal Prevailing Rate Advisory Committee and was initiated by a Department of Defense request for greater flexibility to obtain accurate and timely prevailing wage data in local labor markets during and after the national emergency caused by the COVID-19 health crisis. This document adopts the interim rule as final without change.
Representative Payees Under the Civil Service Retirement System and Federal Employees' Retirement System
The Office of Personnel Management (OPM) is issuing this final rule to promulgate regulations which administer the representative payee program authorized by statute. This final rule is necessary to ensure proper procedures for annuity payments due minors or individuals who are mentally incompetent or under other legal disability and are unable to manage their respective payments.
Requirements Related to Surprise Billing; Part II
This document sets forth interim final rules implementing certain provisions of the No Surprises Act, which was enacted as part of the Consolidated Appropriations Act, 2021. These interim final rules implement provisions of the No Surprises Act that provide for a Federal independent dispute resolution (IDR) (Federal IDR) process to permit group health plans and health insurance issuers offering group or individual health insurance coverage and nonparticipating providers, facilities, and providers of air ambulance services to determine the out-of-network rate for items and services that are emergency services, nonemergency services furnished by nonparticipating providers at participating facilities, and air ambulance services furnished by nonparticipating providers of air ambulance services, under certain circumstances. The Department of Health and Human Services (HHS), the Department of Labor (DOL), and the Department of the Treasury (collectively, the Departments) are issuing these interim final rules with largely parallel provisions that apply to group health plans and health insurance issuers offering group or individual health insurance coverage and certified IDR entities, providers, facilities, and providers of air ambulance services. In addition to the interim final rules issued jointly by the Departments, this document also includes interim final rules issued by the Office of Personnel Management (OPM) to clarify how certain No Surprises Act provisions apply to health benefits plans offered by carriers under the Federal Employees Health Benefits (FEHB) Act. In addition to the interim final rules issued jointly by the Departments and OPM, this document includes interim final rules issued by HHS that address good faith estimates of health care items and services for uninsured or self-pay individuals and the associated patient-provider dispute resolution process. The HHS-only interim final rules apply to selected dispute resolution (SDR) entities, providers, facilities, and providers of air ambulance services.
Federal Employees' Retirement System; Present Value Conversion Factors for Spouses of Deceased Separated Employees
The Office of Personnel Management (OPM) is adopting its proposed rule to revise the table of reduction factors for early commencing dates of survivor annuities for spouses of separated employees who die before the date on which they would be eligible for unreduced deferred annuities, and to revise the annuity factor for spouses of deceased employees who die in service when those spouses elect to receive the basic employee death benefit in 36 installments under the Federal Employees' Retirement System (FERS) Act of 1986. These rules are necessary to ensure that the tables conform to the economic and demographic assumptions adopted by the Board of Actuaries and published in the Federal Register on March 29, 2021, as required by the United States Code.
Noncompetitive Appointment of Certain Military Spouses
The Office of Personnel Management (OPM) is issuing final regulations to modify the provisions governing the recruitment and employment of certain military spouses in Federal agencies to conform to statutory mandates affecting the rules governing this hiring authority and to carry out certain provisions of an Executive order of May 9, 2018, Enhancing Noncompetitive Civil Service Appointments of Military Spouses. OPM is revising the current text to conform the eligibility criteria for appointment of military spouses to intervening statutory requirements and add agency reporting requirements. The intent of this hiring authority is to enhance the recruitment and noncompetitive appointment of certain military spouses for permanent Federal positions in the competitive service.
Requirements Related to Air Ambulance Services, Agent and Broker Disclosures, and Provider Enforcement
This document sets forth proposed rules implementing certain provisions of Title I (No Surprises Act) and Title II (Transparency) of Division BB of the Consolidated Appropriations Act, 2021 (CAA). These proposed rules would amend and add provisions to existing rules under the Internal Revenue Code (Code), the Employee Retirement Income Security Act (ERISA), the Public Health Service Act (PHS Act), and the Federal Employees Health Benefits (FEHB) Act. These proposed rules would implement certain provisions of the No Surprises Act that would increase transparency by requiring group health plans and health insurance issuers in the group and individual markets, and FEHB carriers, to submit certain information about air ambulance services to the Secretaries of Health and Human Services (HHS), Labor, and the Treasury, and the Director of the Office of Personnel Management, as applicable, and by requiring providers of air ambulance services to submit certain information to the Secretaries of HHS and Transportation. These proposed rules also include HHS-only proposed rules that would increase transparency by requiring a health insurance issuer offering individual health insurance coverage or short-term, limited-duration insurance to disclose to policyholders and to report to HHS any direct or indirect compensation provided by the issuer to an agent or broker associated with enrolling individuals in such coverage. These proposed rules would also provide the process by which HHS would investigate complaints and potential violations of PHS Act provisions and, if warranted, take enforcement action, including the imposition of civil money penalties, against providers and facilities, including providers of air ambulance services. These proposed rules would amend existing regulations to clarify the process to investigate complaints and potential violations of the PHS Act and impose civil money penalties against plans and issuers. These proposed rules would also establish the process by which HHS would impose civil money penalties if a provider of air ambulance services fails to submit some or all required data to HHS.
Federal Employees' Group Life Insurance Program; Premium
The Office of Personnel Management (OPM) is announcing changes in premium rates for certain Federal Employees' Group Life Insurance (FEGLI) categories. These include changes to premium rates for Employee Basic Insurance, Option A (most age bands), Option B (most age bands), Option C (most age bands), and Post-Retirement Basic Insurance. These rates will be effective the first pay period beginning on or after October 1, 2021.
Comment Request for Review of a Revised Information Collection: Leadership Assessment Surveys
The Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for review of a currently approved collection, Leadership Assessment Surveys. OPM is requesting approval of the OPM Leadership 360TM, Leadership Potential Assessment, and the Leadership Profiler as a part of this collection. Approval of these surveys is necessary to collect information on Federal agency performance and leadership effectiveness.
Comment Request for Review of a Revised Information Collection: Customer Satisfaction Surveys
The Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for review of a currently approved collection, Customer Satisfaction Surveys. Approval of these surveys is necessary to collect information on Federal agency and program performance.
Privacy Act of 1974; Computer Matching Program Between the Office of Personnel Management and Social Security Administration
Pursuant to the Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988 and the Computer Matching and Privacy Protections Amendment of 1990 (Privacy Act), and Office of Management and Budget (OMB) guidance on the conduct of matching programs, notice is hereby given of the re-establishment of a matching program between the Office of Personnel Management (OPM) and the Social Security Administration (SSA) (Computer Matching Agreement 1071).
Access to Federal Employees Health Benefits (FEHB) for Employees of Certain Tribally Controlled Schools
The Office of Personnel Management (OPM) is issuing an interim final rule to expand eligibility for enrollment in the Federal Employees Health Benefits (FEHB) Program to additional tribal employees. The Consolidated Appropriations Act, 2021 (FY21 CAA) amended section 409 of the Indian Health Care Improvement Act and expanded entitlement to Indian tribes or tribal organizations carrying out programs under the Tribally Controlled Schools Act of 1988 (TCSA) to purchase coverage, rights, and benefits under the FEHB Program for their employees.
Privacy Act of 1974; Computer Matching Program Between the Office of Personnel Management and Social Security Administration
Pursuant to the Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988 and the Computer Matching Privacy Protections Amendment of 1990 (Privacy Act), and Office of Management and Budget (OMB) guidance on the conduct of matching programs, notice is hereby given of the reestablishment of a matching program between the Office of Personnel Management (OPM) and the Social Security Administration (SSA) (Computer Matching Agreement 1045).
Notice of Submission for Renewal of a Previously Approved Information Collection: Questionnaire for Non-Sensitive Positions (SF 85)
The Office of Personnel Management (OPM), Suitability Executive Agent Programs, is notifying the general public and other federal agencies that OPM proposes to request the Office of Management and Budget (OMB) to renew a previously-approved information collection, Questionnaire for Non-Sensitive Positions (SF 85).
Renewal Without Change of an Existing Information Collection; OPM Form 1655, Application for Senior Administrative Law Judge, and OPM Form 1655-A, Geographic Preference Statement for Senior Administrative Law Judge Applicant; OMB Control Number 3206-0248
The Administrative Law Judge Program Office, U.S. Office of Personnel Management (OPM) offers the general public and other federal agencies the opportunity to comment on an existing information collection request (ICR) 3206-0248, OPM Form 1655, Application for Senior Administrative Law Judge, and OPM Form 1655-A, Geographic Preference Statement for Senior Administrative Law Judge Applicant. As required, OPM is soliciting comments for this collection. The information collection was previously published in the Federal Register on May 18, 2021 allowing for a 60-day public comment period. No comments were received for this information collection. The purpose of this notice is to allow an additional 30 days for public comments.
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