[Federal Register: August 26, 2008 (Volume 73, Number 166)]
[
Rules and Regulations]
[Page 50179-50183]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au08-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
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[[Page 50179]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 531, 535, and 536
RIN 3206-AK87
Critical Position Pay Authority
AGENCY: U.S. Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing final
regulations to govern the use of a critical position pay authority that
allows higher rates of pay for positions that require a very high level
of expertise in a scientific, technical, professional, or
administrative field and are critical to the agency's mission. By law,
agency requests for critical position pay authority must be approved by
OPM in consultation with the Office of Management and Budget.
DATES: The regulations are effective on September 25, 2008.
FOR FURTHER INFORMATION CONTACT: Joe Ratcliffe, (202) 606-2838; FAX:
(202) 606-4264; or e-mail: pay-performance-policy@opm.gov.
SUPPLEMENTARY INFORMATION: On April 25, 2007, the U.S. Office of
Personnel Management issued proposed regulations (72 FR 20440) to
govern the use of a critical position pay authority that enables the
head of a Federal agency to request higher rates of pay for positions
that require a very high level of expertise in a scientific, technical,
professional, or administrative field and are critical to an agency's
mission. The 60-day comment period ended on June 25, 2007. OPM received
comments from nine individuals, one employee association, and five
agencies. The comments are addressed in this final rule.
One commenter did not approve of the critical pay authority statute
and recommended the authority not be used. OPM disagrees with that
assessment and believes the Government must use all available human
resources management tools at its disposal to ensure Federal agencies
are able to recruit and retain qualified employees.
Several commenters asked whether specific positions might qualify
for a critical position pay rate or recommended the critical position
pay authority be used for certain positions. Employing agencies will
decide internally whether to request use of a critical position pay
authority. While OPM encourages use of a critical position pay
authority wherever it might be needed and will consider all agency
requests for the authority, we cannot speculate in advance as to
whether particular positions might qualify.
An agency wrote a letter supporting the proposed regulations.
Section 535.106(a) of the proposed regulations provided a critical
position pay rate is not considered a rate of basic pay for application
of any saved pay or pay retention provisions (e.g., 5 U.S.C. 5363). An
employee association and an agency expressed concern about an
employee's pay if a critical position pay authority is terminated. Both
the employee association and the agency recommended revising the
regulations to allow for pay retention in such cases. We disagree.
Under 5 U.S.C. 5377(e), a critical position pay authority must be
terminated if conditions no longer warrant payment of the critical pay
rate. Providing an entitlement to a saved rate or retained rate based
on a critical position pay rate would be inconsistent with the
requirement to terminate the authority. To conform with Sec.
535.106(a), these final regulations revise Sec. 536.102(b) to clarify
that an agency may not provide grade or pay retention under 5 CFR part
536 to an employee in a covered pay system who is reduced in pay upon
termination of a critical position pay authority. However, upon
termination of critical position pay authority the employee's pay will
be set under Sec. 535.105(e) at the rate to which the employee would
be entitled had he or she not received critical pay. We also note 5
U.S.C. 5377(e)(2) provides that termination of a critical position pay
authority may not take effect until the authority has been available
for the position for at least 1 calendar year, so long as the
conditions justifying the authority are still met.
An employee association recommended that all efforts be made to
utilize current employees and create opportunities within all career
paths necessary to meet the needs of the agency prior to using the
critical position pay authority. We agree, but no changes to the
proposed regulations are needed. Section 535.104(a) provides that an
agency may request a critical position pay authority only after
determining that the position in question cannot be filled with an
exceptionally well-qualified individual through the use of other
available human resources flexibilities and pay authorities. Section
535.104(d)(11) requires an agency applying for a critical position pay
authority to document why it could not, through diligent and
comprehensive recruitment efforts and without using a critical position
pay authority, fill the position within a reasonable period with an
individual who could perform the duties and responsibilities in a
manner sufficient to fulfill the agency's mission.
An employee association recommended amending Sec. 535.107 to
provide for public access to reports to Congress on the use of the
critical position pay authority. OPM provides for public access to
reports to Congress through the OPM Web site. No revision to Sec.
535.107 is necessary.
An agency asked whether the critical position pay authority can be
applied to a group or class of positions. Under 5 U.S.C. 5377(b)(1),
each individual position must be analyzed to determine eligibility.
However, relevant factors considered may be similar for a group of
similar positions. In such cases, OPM would assess each position in the
group against common factors. Once each individual position in a group
has been certified as meeting the section 5377(b)(1) requirements,
approval may apply to the group. Each individual employee approved for
a critical position pay rate must be ``exceptionally well qualified for
the position'' as required by 5 U.S.C. 5377(b)(2).
An agency commented that the proposed regulations did not address
whether positions with a critical position pay authority are affected
by adjustments to levels I and II of the Executive Schedule. We
disagree. Section 535.105(c) provides that the
[[Page 50180]]
head of an agency may make subsequent adjustments in the rate of pay
for a position with a critical position pay authority each January at
the same time general pay adjustments are authorized for Executive
Schedule employees under 5 U.S.C. 5318. Also, such adjustments may not
exceed the new rate for Executive Schedule level II or other applicable
maximum rate established for the critical position. We added a sentence
to Sec. 535.104(c) to clarify that the President may establish a
maximum limitation on a critical rate of pay that is approved at a rate
above level I of the Executive Schedule.
An agency asked OPM to consider whether the proposed regulations
could allow for more timely and meaningful use of a critical position
pay authority and whether the proposed regulations might be revised so
that agencies could use the authority more quickly to better compete
with non-Federal employers. It is not feasible, given the level of
review required under 5 U.S.C. 5377, for the regulations to provide for
immediate application of a critical position pay authority. However,
OPM will work with agencies to provide pre-hire approval under the
critical position pay authority.
Two agencies asked whether the documentation requirements might be
substantially reduced for agencies applying for a critical position pay
authority. Government programs involving increased spending are
appropriately subject to considerable public scrutiny. OPM believes the
documentation requirements in the proposed regulations are appropriate.
An agency said the proposed regulations appeared not to preclude
use of a critical position pay authority for excepted service
positions, and asked whether this was correct. Agencies are not
restricted from seeking use of a critical position pay authority for
excepted service positions.
An agency said that some of its staff believed the term
administrative field in Sec. 535.103(b) should be defined in the
regulations. OPM believes such a definition is unnecessary. In
considering whether to apply for a critical position pay authority, an
agency is free to decide internally whether it believes the position is
one that requires a very high level of expertise in a scientific,
technical, professional, or administrative field. OPM will consider all
agency requests for a critical position pay authority.
An agency asked whether a critical position pay authority could be
approved for a particular geographic area or across the board for
certain types of positions rather than for one position at a time. By
statute, the authority is intended to be applied by position and not by
geographic area. In addition, under 5 U.S.C. 5377 only 800 positions
Governmentwide may be approved for a critical position pay authority at
any given time. An agency asked whether the regulations could be
revised so that heads of agencies could delegate the decision of
whether to apply for a critical position pay authority to subordinate
positions, such as heads of major components. The definition of head of
an agency in Sec. 535.102 already provides for such delegated
authority.
An agency asked OPM to clarify how recruitment, relocation, and
retention incentives are to be calculated in conjunction with a
critical position pay authority, particularly in calculating the
locality pay portion. Employees receiving critical position pay may not
receive locality pay under 5 U.S.C. 5304 or similar authority. However,
employees who are eligible for recruitment, relocation, or retention
incentives under 5 CFR 575 subparts A, B, and C will remain eligible
for the incentives while receiving critical position pay, subject to
applicable pay limitations (e.g., the aggregate limitation on pay under
5 U.S.C. 5307). An employee's rate of basic pay is used to compute the
maximum amount of a recruitment or relocation incentive that may be
paid to an employee. Retention incentive lump sum and installment
payments are computed by multiplying the retention incentive percentage
rate established for the employee by the total amount of the basic pay
the employee earned during the service or installment period. A
critical position pay rate would be the rate of basic pay used for
these recruitment, relocation, or retention incentive calculations.
There are examples of calculating incentives in the fact sheets
``Recruitment and Relocation Incentive Payment and Termination
Calculations'' and ``Retention Incentive Payment and Termination
Calculations'' on OPM's Web site.
An agency recommended revising Sec. 535.105 to clarify eligibility
for premium pay. OPM believes that such revision of the regulations is
unnecessary. However, we note in response to the comment that
eligibility for premium pay under 5 U.S.C. chapter 55, subchapter V,
depends on the employee's pay system (disregarding the use of the
critical pay authority) and the coverage rules in 5 U.S.C. 5541(2) and
5 CFR 550.101.
An agency recommended revising Sec. 535.104(d) to specify
procedures and circumstances for submitting urgent requests for a
critical position pay authority, such as in cases where expedited
processing of requests for a critical position pay authority is in the
interest of national security or public health or safety. OPM believes
that handling of cases where expedited processing might be warranted is
an administrative matter that need not be addressed in the regulations.
However, if an agency believes expedited processing of a request for a
critical position pay authority is in the interest of national security
or public health or safety or is otherwise warranted, the agency should
indicate that in its request.
An agency recommended revising Sec. 535.105(e) to address agency
flexibility to apply highest previous rate rules in setting basic pay
if a critical position pay authority is discontinued for a General
Schedule (GS) position. We agree. Revised Sec. 535.105(e) provides if
an agency discontinues critical position pay for a given GS position
(on its own initiative or because OPM, in consultation with OMB,
terminates the authority), the employee's rate of basic pay will be set
at the rate to which the employee would be entitled had he or she not
received critical pay, as determined by the head of the agency, unless
the employee is eligible for a higher payable rate under the GS maximum
payable rate rule in Sec. 531.221 and the agency chooses to apply that
rule. The pay set under the maximum payable rate rule may not exceed
step 10 of the GS grade. To conform with the revised Sec. 535.105(e),
these final regulations revise Sec. 531.221(a) to provide that the GS
maximum payable rate rule may be used upon ``termination of a critical
position pay authority under 5 CFR part 535''. These final regulations
also revise Sec. 531.221(a) to provide that when highest previous rate
is based on a critical position pay rate, an agency must follow the
rules in Sec. 531.221(d). Section 531.221(d) provides the rules for
when highest previous rate is based on a rate under a non-GS pay
system. It is appropriate to follow the rules in Sec. 531.221(d) even
though GS employees who receive critical position pay will be covered
by the GS pay plan code because a critical pay rate is not considered a
GS rate.
An agency recommended revising Sec. 535.105(e) to require agencies
to provide documentation to employees under a critical position pay
authority showing the rate of basic pay the employee would receive
absent the critical position pay authorization, since the
responsibility for subsequent pay rate determinations could rest with
another agency should the employee transfer to another agency. The
agency
[[Page 50181]]
said that such documentation might appear in the ``remarks'' section of
the employee's SF-50. We think such a requirement is not necessary in
the regulations.
An agency recommended revising Sec. 535.106 to address daily and
biweekly aggregate limitations to ensure internal pay equity. We are
not making such a revision because the limitations on critical position
pay in 5 U.S.C. 5377 are on annual rates, not daily or biweekly
aggregate pay.
An agency suggested that OPM issue guidance that discusses the
process of reviewing requests for a critical position pay authority and
provides greater detail concerning the review process and its standards
and timelines. OPM believes the regulations provide sufficient detail
for agencies that might consider requesting an authority. The broad
language used in the regulations to describe the types of positions
that might be considered for a critical position pay authority allows
for flexibility, and it is not practical to publish detailed standards
that could apply effectively in every situation. Timing in the review
process is an administrative matter and may vary by request.
An agency suggested OPM define what constitutes ``a very high level
of expertise.'' OPM believes it is not possible to write a definition
of that term that would cover all the different positions and contexts
for which it might be appropriate to apply a critical position pay
authority. This is a matter for agency judgment.
In Sec. 535.107, we removed language regarding the use of
estimated rates to make the regulation conform with the language in the
statute at 5 U.S.C. 5377(h)(2). Also, we made certain other minor
changes in the language of the proposed regulations to improve clarity.
Executive Order 12866, Regulatory Review
The Office of Management and Budget has reviewed this rule in
accordance with Executive Order 12866.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
will affect only Federal agencies and employees.
List of Subjects in 5 CFR Parts 531, 535, and 536
Administrative practice and procedure; Freedom of information;
Government employees; Law enforcement officers; Reporting and
recordkeeping requirements; Wages.
U.S. Office of Personnel Management.
Michael W. Hager,
Acting Director.
0
Accordingly, the U.S. Office of Personnel Management amends title 5,
Code of Federal Regulations, by amending part 531, adding a new part
535, and amending part 536 as follows:
PART 531--PAY UNDER THE GENERAL SCHEDULE
0
1. The authority citation for part 531 continues to read as follows:
Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Pub. L. 103-
89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., p.
316; Subpart B also issued under 5 U.S.C. 5303(g), 5305, 5333,
5334(a) and (b), and 7701(b)(2); Subpart D also issued under 5
U.S.C. 5335(g) and 7701(b)(2); Subpart E also issued under 5 U.S.C.
5336; Subpart F also issued under 5 U.S.C. 5304, 5305, and 5338; and
E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682 and E.O. 13106,
63 FR 68151, 3 CFR, 1998 Comp., p. 224.
Subpart B--Determining Rate of Basic Pay
0
2. Amend Sec. 531.221 as follows:
0
a. Revise the first sentence of paragraph (a)(1) to read as follows;
and
0
b. Add paragraph (a)(4) to read as follows:
Sec. 531.221 Maximum payable rate rule.
(a) General. (1) An agency may apply the maximum payable rate rule
as described in this section to determine an employee's payable rate of
basic pay under the GS pay system at a rate higher than the otherwise
applicable rate upon reemployment, transfer, reassignment, promotion,
demotion, change in type of appointment, or termination of a critical
position pay authority under 5 CFR part 535. * * *
* * * * *
(4) In applying this section, an agency must follow the rules in
paragraph (d) of this section when highest previous rate is based on a
critical position pay rate under 5 CFR part 535.
* * * * *
0
3. Add part 535 to read as follows:
PART 535--CRITICAL POSITION PAY AUTHORITY
Sec.
535.101 Purpose.
535.102 Definitions.
535.103 Authority.
535.104 Requests for and granting critical position pay authority.
535.105 Setting and adjusting rates of basic pay.
535.106 Treatment as a rate of basic pay.
535.107 Annual reporting requirements.
Authority: 5 U.S.C. 5377; E.O. 13415, 71 FR 70641.
Sec. 535.101 Purpose.
The purpose of this part is to provide a regulatory framework for
the critical position pay authority authorized by 5 U.S.C. 5377. The
Office of Personnel Management (OPM), in consultation with the Office
of Management and Budget (OMB), may grant authority to the head of an
agency to fix the rate of basic pay for one or more positions under
this part.
Sec. 535.102 Definitions.
Agency has the meaning given that term in 5 U.S.C. 5102.
Critical position means a position for which OPM has granted
authority to the head of an agency to exercise the pay-setting
authority provided in 5 U.S.C. 5377.
Critical position pay authority means the authority that may be
granted to the head of an agency by OPM under 5 U.S.C. 5377 to set the
rate of basic pay for a given critical position under the provisions of
that section.
Critical position pay rate means the specific rate of pay
established by the head of an agency for an employee in a critical
position based upon the exercise of the critical position pay
authority. A critical position pay rate is a rate of basic pay to the
extent provided in Sec. 535.106.
Employee means an employee (as defined in 5 U.S.C. 2105) in or
under an agency.
Head of an agency means the agency head or an official who has been
delegated the authority to act for the agency head in the matter
concerned.
Sec. 535.103 Authority.
(a) Subject to a grant of authority from OPM in consultation with
OMB and all other requirements in this part, the head of an agency may
fix the rate of basic pay for a critical position at a rate not less
than the rate of basic pay that would otherwise be payable for the
position, but not greater than--
(1) The rate payable for level II of the Executive Schedule (unless
paragraph (a)(2) or (a)(3) of this section applies);
(2) The rate payable for level I of the Executive Schedule in
exceptional circumstances based on information and data that justify a
rate higher than the rate payable for level II of the Executive
Schedule; or
(3) A rate in excess of the rate for level I of the Executive
Schedule that is established in rare circumstances with the written
approval of the President.
(b) The head of an agency may exercise his or her critical position
pay authority only--
(1) When such a position requires expertise of an extremely high
level in
[[Page 50182]]
a scientific, technical, professional, or administrative field and is
critical to the agency's successful accomplishment of an important
mission; and
(2) To the extent necessary to recruit or retain an individual
exceptionally well-qualified for the critical position.
(c) If critical position pay authority is granted for a position,
the head of an agency may determine whether it is appropriate to
exercise the authority with respect to any proposed appointee or
incumbent of the position.
(d) An agency granted critical position pay authority may continue
to use the authority for an authorized position as long as needed. OPM
will monitor the use of critical position pay authorities annually,
through the agency's required reports under Sec. 535.107, and will
terminate the authority associated with a given position after
notifying the agency if, in OPM's judgment in consultation with OMB,
the authority is no longer needed.
Sec. 535.104 Requests for and granting critical position pay
authority.
(a) An agency may request critical position pay authority only
after determining that the position in question cannot be filled with
an exceptionally well-qualified individual through the use of other
available human resources flexibilities and pay authorities. Agency
requests must include the information in paragraph (d) of this section.
OPM, in consultation with OMB, will review agency requests. OPM will
advise the requesting agency as to whether the request is approved and
when the agency's critical position pay authority becomes effective.
(b) A request for critical position pay authority (or authorities)
must be signed by the head of an agency and submitted to OPM. Requests
covering multiple positions must include a list of the positions in
priority order. The head of an agency may request coverage of positions
of a type not listed in 5 U.S.C. 5377(a)(2), as authorized by 5 U.S.C.
5377(i)(2) and Executive Order 13415.
(c) Requests for critical position pay authority to set pay above
the rate for level II of the Executive Schedule and up to the rate for
level I of the Executive Schedule because of exceptional circumstances
require information and data that justify the higher pay. Requests for
critical position pay authority to set pay above the rate for level I
of the Executive Schedule due to rare circumstances require approval by
the President. The head of an agency must submit such requests to OPM
with the information required in paragraph (d) of this section. If OPM,
in consultation with OMB, concurs with a request to set pay above the
rate for level I of the Executive Schedule, OPM will seek the
President's approval. The President may establish a maximum limitation
on the critical pay rate.
(d) At a minimum, all requests for critical position pay authority
must include:
(1) Position title;
(2) Position appointment authority (for Senior Executive Service
positions, appointment authority for any incumbent);
(3) Pay plan and grade/level;
(4) Occupational series of the position;
(5) Geographic location of the position;
(6) Current salary of the position or incumbent;
(7) Name of incumbent (or ``Vacant'');
(8) Length of time the incumbent has been in the position or length
of time the position has been vacant;
(9) A written evaluation of the need to designate the position as
critical. Such an evaluation must include--
(i) The kinds of work required by the position and the context
within which it operates;
(ii) The range of positions and qualification requirements that
characterize the occupational field, including those that require
extremely high levels of expertise;
(iii) The rates of pay reasonably and generally required in the
public and private sectors for similar positions; and
(iv) The availability of individuals who possess the qualifications
to do the work required by the position;
(10) Documentation, with appropriate supporting data, of the
agency's experience and, as appropriate, the experience of other
organizations, in efforts to recruit or retain exceptionally well-
qualified individuals for the position or for a position sufficiently
similar with respect to the occupational field, required
qualifications, and other pertinent factors, to provide a reliable
comparison;
(11) Assessment of why the agency could not, through diligent and
comprehensive recruitment efforts and without using the critical
position pay authority, fill the position within a reasonable period
with an individual who could perform the duties and responsibilities in
a manner sufficient to fulfill the agency's mission. This assessment
must include a justification as to why the agency could not, as an
effective alternative, use other human resources flexibilities and pay
authorities, such as recruitment, relocation, and retention incentives
under 5 CFR part 575;
(12) An explanation regarding why the position should be designated
a critical position and made eligible for a higher rate of pay under
this part within its organizational context (i.e., relative to other
positions in the organization) and, when applicable, how it compares
with other critical positions in the agency. The agency must include an
explanation of how it will deal with perceived inequities among agency
employees (e.g., situations in which employees in positions designated
as critical would receive higher rates of pay than their peers,
supervisors, or other employees in positions with higher-level duties
and responsibilities);
(13) Documentation of the effect on the successful accomplishment
of important agency missions if the position is not designated as a
critical position, including an explanation and justification for OPM
and OMB to expedite processing in cases where the agency believes that
urgency warrants expedited processing;
(14) Any additional information the agency may deem appropriate to
demonstrate that higher pay is needed to recruit or retain an employee
for a critical position;
(15) Unless the position is an Executive Schedule position, a copy
of the position description and qualification standard for the critical
position; and
(16) The desired rate of basic pay for requests to set pay above
the rate for level II of the Executive Schedule and justification to
show that such a rate is necessary to recruit and retain an individual
exceptionally well-qualified for the critical position.
Sec. 535.105 Setting and adjusting rates of basic pay.
(a) The rate of basic pay for a critical position may not be less
than the rate of basic pay, including any locality-based comparability
payments established under 5 U.S.C. 5304 or special rate supplement
under 5 U.S.C. 5305 (or other similar payment or supplement under other
legal authority) that would otherwise be payable for the position.
(b) If critical position pay authority is granted for a position,
the head of an agency may set pay initially at any amount up to the
rate of pay for level II or level I of the Executive Schedule, as
applicable, without further approval unless a higher maximum rate is
approved by the President under Sec. 535.104(c).
(c) The head of an agency may make subsequent adjustments in the
rate of basic pay for a critical position each January at the same time
general pay adjustments are authorized for Executive Schedule employees
under section 5318 of title 5, United States
[[Page 50183]]
Code. Such adjusted rates may not exceed the new rate for Executive
Schedule level II or other applicable maximum established for the
critical position. However, the employee must have at least a rating of
Fully Successful or equivalent, and subsequent adjustments must be
based on labor market factors, recruitment and retention needs, and
individual accomplishments and contributions to an agency's mission.
(d) Employees receiving critical position pay are not entitled to
locality-based comparability payments established under 5 U.S.C. 5304,
special rate supplements under 5 U.S.C. 5305, or other similar payments
or supplements under other legal authority.
(e) If an agency discontinues critical position pay for a given
position (on its own initiative or because OPM, in consultation with
OMB, terminates the authority under Sec. 535.103(d)), the employee's
rate of basic pay will be set at the rate to which the employee would
be entitled had he or she not received critical pay, as determined by
the head of the agency, unless the employee is eligible for a higher
payable rate under the General Schedule maximum payable rate rule in
Sec. 531.221 and the agency chooses to apply that rule.
Sec. 535.106 Treatment as rate of basic pay.
A critical position pay rate is considered a rate of basic pay for
all purposes, including any applicable premium pay, except--
(a) Application of any saved pay or pay retention provisions (e.g.,
5 U.S.C. 5363); or
(b) Application of any adverse action provisions (e.g., 5 U.S.C.
7512).
Sec. 535.107 Annual reporting requirements.
(a) OPM must submit an annual report to Congress on the use of the
critical position pay authority. Agencies must submit the following
information to OPM by January 31 of each year on their use of critical
position pay authority for the previous calendar year:
(1) The name, title, pay plan, and grade/level of each employee
receiving a higher rate of basic pay under this subpart;
(2) The annual rate or rates of basic pay paid in the preceding
calendar year to each employee in a critical position;
(3) The beginning and ending dates of such rate(s) of basic pay, as
applicable;
(4) The rate or rates of basic pay that would have been paid but
for the grant of critical position pay. This includes what the rate or
rates of basic pay were, or would have been, without critical position
pay at the time critical position pay is initially exercised and any
subsequent adjustments to basic pay that would have been made if
critical position pay authority had not been exercised; and
(5) Whether the authority is still needed for the critical
position(s).
PART 536--GRADE AND PAY RETENTION
0
4. The authority citation for part 536 continues to read as follows:
Authority: 5 U.S.C. 5361-5366; sec. 4 of the Performance
Management and Recognition System Termination Act of 1993, Pub. L.
103-89, 107 Stat. 981; Sec. 536.405 also issued under 5 U.S.C. 552,
Freedom of Information Act, Pub. L. 92-502; Sec. 536.308 also
issued under section 301(d)(2) of the Federal Workforce Flexibility
Act of 2004, Pub. L. 108-411, 118 Stat. 2305.
Subpart A-General Provisions
0
5. Amend Sec. 536.102 as follows:
0
a. Remove ``or'' at the end of paragraph (b)(7);
0
b. Remove the period at the end of paragraph (b)(8) and add ``; or'' in
its place; and
0
c. Add paragraph (b)(9) to read as follows:
Sec. 536.102 Coverage.
* * * * *
(b) * * *
(9) Is reduced in pay upon termination of a critical position pay
authority under 5 CFR part 535.
* * * * *
[FR Doc. E8-19758 Filed 8-25-08; 8:45 am]
BILLING CODE 6325-39-P