Altogether, we work to make the Federal government America's model employer for the 21st century.

II. Statement of Regulatory and Deregulatory Priorities

Management Priorities

3206-AN28

The U.S. Office of Personnel Management (OPM) proposes regulations that will allow current and former land management employees to compete for permanent positions in the competitive service at a land management agency or any agency for any position under internal merit promotion procedures. This appointment into the competitive service is authorized in Public Law 114-47.

3206-AL20

The U.S. Office of Personnel Management (OPM) is proposing changes to the senior employee performance management system certification regulations which will ultimately replace interim regulations published in 2004. Proposed changes reflect lessons learned from several years of certifying agency Senior Executive Service (SES) and Senior-Level (SL) and Scientific and Professional (ST) performance management systems and recommendations from a cross-agency workgroup.

3206-AM79

The U.S. Office of Personnel Management (OPM) issued interim regulations to implement statutory changes pertaining to veterans' preference. These changes were in response to the Hubbard Act, which broadened the category of individuals eligible for veterans' preference; and to implement the VOW (Veterans Opportunity to Work) to Hire Heroes Act of 2011, which requires Federal agencies to treat certain active duty service members as preference eligibles for purposes of competing for a position in the competitive service, even though the service members have not been discharged or released from active duty and do not have a Department of Defense (DoD) form 214, Certificate of Release or Discharge from Active Duty. In addition, OPM updated its regulations to reference existing requirements for the alternative ranking and selection procedure called "category rating;" and to add a reference to the end date of Operation Iraqi Freedom, which affected veteran status and preference eligibility. This action will align OPM's regulations with the existing statute.

3206-AN25

The U.S. Office of Personnel Management (OPM) is proposing to revise its regulations pertaining to when, during the hiring process, a hiring agency can make a suitability determination on an applicant for Federal employment. OPM is proposing this change in response to a Presidential directive. On November 2, 2015, the President directed OPM, "...to take action where it can by modifying its rules to delay inquiries into criminal history until later in the hiring process." The intended effect of this proposal is to better ensure that applicants from all segments of society, including those with prior criminal histories, receive a fair opportunity to compete for Federal employment.

3206-AN09

The U.S. Office of Personnel Management (OPM) is issuing a proposed rule to clarify the process for removing ineligible individuals from Federal Employees Health Benefits (FEHB) Program Self and Family enrollments.

3206-AN30

The U.S. Office of Personnel Management (OPM) is proposing to revise its regulations governing employment in the excepted service. The proposed rules will clarify the existing policy on exemptions from excepted service selection procedures, and provide additional procedures for passing over a preference eligible veteran with a compensable disability of 30 percent or more.

The U.S. Office of Personnel Management (OPM) will limit to one the number of permanent appointments spouses of 100 percent disabled and spouses of deceased members of the Armed Forces may receive under this noncompetitive hiring authority. OPM is making this change based on the provisions of the FY 2013 National Defense Authorization Act (NDAA).

3206-AL98

The U.S. Office of Personnel Management (OPM) will issue a final rule that will provide regulatory definitions for various documents related to the strategic management of human resources, clarify requirements regarding the systems and metrics for managing human resources in the Federal Government, streamline/clarify procedures agencies are required to follow, eliminate the Human Capital Management Report, and reflect the planning and reporting requirements of the Government Performance and Results Modernization Act.

3206-AL14

The U.S. Office of Personnel Management (OPM) will revise its regulations for medical qualification determinations. The revised regulations would update references and language; add and modify definitions; clarify coverage and applicability; address the need for medical documentation and medical examination and/or testing for an applicant or employee whose position may or may not have medical standards, physical requirements and/or physical fitness standards or testing; and may recommend the establishment of agency medical review boards. The final rule would provide agencies with more comprehensive guidance regarding medical evaluation and clearance procedures and implementation of a comprehensive physical fitness and medical standards program for applicants and employees.

3206-AN29

The U.S. Office of Personnel Management (OPM) is issuing a proposed rule that would redefine the geographic boundaries of the New York, NY, and Philadelphia, PA, appropriated fund Federal Wage System (FWS) wage areas. The proposed rule would redefine the Joint Base McGuire-Dix-Lakehurst portions of Burlington County, NJ, and Ocean County, NJ, that are currently defined to the Philadelphia wage area to the New York wage area so that the entire Joint Base is covered by a single wage schedule. This change is based on a majority recommendation of the Federal Prevailing Rate Advisory Committee (FPRAC), the national labor-management committee responsible for advising OPM on the administration of the FWS.

3206-AN41

The U.S. Office of Personnel Management (OPM) is issuing interim final regulations for part 551 subpart B to make OPM's regulations consistent with updates to Department of Labor regulations that define which white collar workers are protected by the FLSA's minimum wage and overtime standards. 79 FR 18737 (Apr. 3, 2014). While OPM's regulations are not required to conform with DOL's regulations, OPM believes that updates to part 551 are appropriate and consistent with the President's goal of ensuring workers are paid a fair day's pay for a fair day's work.

3206-AN46

The U.S. Office of Personnel Management (OPM) will issue interim regulations to implement the Competitive Service Act of 2015 which authorizes agencies to share certificates when filling competitive service positions.

3206-AL55

The U.S. Office of Personnel Management (OPM) will issue a final rule regarding compensatory time off for religious observances. The final regulation will address comments to the proposed rule (78 FR 53695), and will clarify employee and agency responsibilities, provide timeframes for earning and using religious compensatory time off, and define key terms.

3206-AN33

The U.S. Office of Personnel Management (OPM) proposes to amend the Federal Employees Health Benefits (FEHB) regulations at 5 CFR Part 890 to provide agencies with the option to require payment of FEHB premium contributions from employees in Leave Without Pay (LWOP) status for the time period they are in LWOP status.

3206-AM40

The U.S. Office of Personnel Management (OPM) proposes to amend the Federal Employees Health Benefits (FEHB) regulations at 5 CFR Part 890 to include enrollments for eligible employees of Tribes and Tribal organizations under the provisions of the Affordable Care Act of 2010.

3206-AN27

The Office of Personnel Management (OPM) proposes to amend part 297 of title 5, Code of Federal Regulations, to implement a timeframe to submit a request for administrative review on internal or central system of records. This proposed change will allow greater efficiency in processing appeals and requests for administrative review and will also improve the office's records maintenance and disposal policies.

3206-AN22

The Office of Personnel Management (OPM) proposes to amend 5 CFR part 841 to clarify the process by which the U.S. Postal Service and the U.S. Department of the Treasury may request reconsideration of OPM's computation of the supplemental liability. This proposed rule will also clarify the employee categories it will use for computing the FERS normal cost percentages covered under FERS (Federal Employees Retirement System), FERS-RAE (FERS Revised Annuity Employees), and FERS FRAE (FERS Further Revised Annuity Employees). Finally, it will also clarify the definition of present value factors as provided in 5 CFR part 831; 5 CFR part 839; 5 CFR part 841; 5 CFR part 842; and 5 CFR part 847.

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