Fall 2013 OPM Statement of Regulatory Priorities

Administrative Law Judges

OPM issued an interim rule in 2008 suspending the requirement set forth in 5 CFR 930.204(b) that requires incumbent administrative law judges (ALJs) to "possess a professional license to practice law and be authorized to practice law." In 2010, OPM issued a proposed rule on the topic of the ALJ licensure requirements for incumbents and will consider comments on the proposed rule and comments on the interim rule when issuing a final rule on the topic.

Administrative Wage Garnishment

OPM is issuing this proposed regulation to implement the administrative wage garnishment (AWG) provisions of the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996 (DCIA). The regulation will allow OPM to garnish the disposable pay of an individual to collect delinquent non-tax debts owed to the United States without first obtaining a court order. The proposed regulation sets forth procedures for use by OPM in collecting debts owed to the Federal Government. The Federal Claims Collection Act of 1966, as amended by the Debt Collection Act of 1982 and the DCIA, requires agencies to issue regulations on their debt collection procedures. The proposed regulation includes procedures for collection of debts through AWG.

Benefits for Family Members of Military Members

The U.S. Office of Personnel Management (OPM) proposes to implement amendments to the Family and Medical Leave Act (FMLA). These regulations implement section 585(b) of the National Defense Authorization Act for Fiscal Year 2008 (NDAA) (Pub. L. 110-181, January 28, 2008) and section 565(b)(1) of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-84, October 28, 2009). The statutory changes amended the FMLA provisions in 5 U.S.C. 6381 to 6383 (applicable to Federal employees) to provide that a Federal employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember (either a current or former servicemember) with a serious injury or illness incurred or aggravated in the line of duty on active duty is entitled to a total of 26 administrative workweeks of leave during a single 12-month period to care for the covered servicemember.

Under 5 U.S.C. 6387, OPM is required, to the extent appropriate, to be consistent with Department of Labor (DOL) regulations. DOL issued its final regulations on February 6, 2013 (78 FR 8833), which means that OPM can now issue its proposed FMLA regulations implementing the FY 2008 and FY 2010 NDAA amendments to the FMLA leave to care for a covered servicemember entitlement.

General Schedule Locality Pay Areas-2013 Metropolitan Statistical Areas as the Basis for Locality Pay Areas

The Office of Management and Budget delineated new Core-Based Statistical Areas in February 2013. The Federal Salary Council and the Pay Agent will review the new area definitions to determine if they are suitable for use as locality pay areas for the General Schedule locality pay system. If approved by the Pay Agent, the U.S. Office of Personnel Management (OPM) will issue a proposed rule to use the new Core-Based Statistical Areas as the basis for locality pay areas.

Managing Senior Executive Performance

OPM proposes to revise the regulations addressing the performance management of Senior Executives to provide for a Governmentwide appraisal system built around the Executive Core Qualifications and agency mission results.

Selective Service

OPM will issue the final regulation with a change in its procedures for determining whether an individual's failure to register with the Selective Service System was knowing and willful. Individuals will be given an opportunity to fully explain their failure to register, and the determination will be made on a more complete record. OPM is also delegating authority to Federal agencies to make initial determinations as to whether an individual failure to register with Selective Service was knowing and willful. The delegation will facilitate better quality in decision-making and efficient decisions. The Office of General Counsel has committed to issuing clear guidance on "knowing and willful" prior to implementation of the final regulation.

Solicitation of Federal Civilian and Uniformed Service Personnel for Contributions to Private Voluntary Organizations

OPM plans to issue final Combined Federal Campaign (CFC) regulations in order to strengthen the integrity, streamline the operation, and increase the effectiveness of the program to ensure its continued success.

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