This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

54658 

Vol. 70, No. 179 

Friday, September 16, 2005 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 250 

RIN 3206–AK77 

Personnel Management In Agencies— 

Employee Surveys 

AGENCY: Office of Personnel 

Management. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The Office of Personnel 

Management (OPM) is issuing proposed 

regulations concerning employee 

surveys required by the National 

Defense Authorization Act for Fiscal 

Year 2004. The regulations will add a 

new subpart which requires agencies to 

conduct an annual survey of their 

employees. In addition, the proposed 

regulations provide a list of questions 

that must appear in each agency’s 

employee survey. 

DATES: Comments must be received on 

or before October 17, 2005. 

ADDRESSES: You may submit comments, 

identified by RIN number, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: employ@opm.gov. Include 

‘‘RIN 3206–AK77, Employee Surveys’’ 

in the subject line of the message. 

• Fax: (202) 606–2329. 

• Mail: Mark Doboga, Deputy 

Associate Director for Talent and 

Capacity Policy, U.S. Office of 

Personnel Management, Room 6551, 

1900 E Street, NW., Washington, DC 

20415–9700. 

• Hand Delivery/Courier: U.S. Office 

of Personnel Management, Room 6551, 

1900 E Street, NW., Washington, DC 

20415. 

FOR FURTHER INFORMATION CONTACT: For 

information on the survey questions, 

contact Nancy Kichak by phone on 202– 

606–0722, by FAX on 202–606–2922, or 

by e-mail at nancy.kichak@opm.gov. For 

all other information, contact Hakeem 

Basheerud-Deen by phone on 202–606– 

1434, by FAX on 202–606–2329, or by 

e-mail at hakeem.basheeruddeen@opm.gov. You may contact Ms. 

Kichak and Mr. Basheerud-Deen by TTY 

on 202–418–3134. 

SUPPLEMENTARY INFORMATION: 

Requiring Annual Employee Surveys 

Section 1128 of the National Defense 

Authorization Act for Fiscal Year 2004 

(Public Law 108–136, 5 U.S.C. 7101 

note) requires each agency to conduct 

an annual survey of its employees ‘‘to 

assess— 

(1) Leadership and management 

practices that contribute to agency 

performance; and 

(2) Employee satisfaction with— 

(A) Leadership policies and practices; 

(B) Work environment; 

(C) Rewards and recognition for 

professional accomplishment and 

personal contributions to achieving 

organizational mission; 

(D) Opportunity for professional 

development and growth; and 

(E) Opportunity to contribute to 

achieving organizational mission. 

Prescribing Certain Survey Questions 

The law requires OPM to ‘‘issue 

regulations prescribing survey questions 

that should appear on all agency 

surveys.’’ In addition, the law requires 

agencies to make the survey results 

available to the public and post the 

results on their Web sites, unless the 

head of the agency determines that 

doing so would jeopardize or negatively 

impact national security. 

To select the survey questions to 

prescribe in regulation, OPM survey 

staff identified questions from the 2002 

Federal Human Capital Survey (FHCS) 

that meet one of the assessment 

requirements in law. OPM survey staff 

subjected those questions to a regression 

analysis to identify the questions with 

the highest correlation to leadership and 

management practices or employee 

satisfaction. 

As a second step, OPM survey staff 

independently listed major components 

of human capital management and 

verified that OPM had selected at least 

one question in each area. As a result, 

OPM added questions that address 

security and performance appraisal. 

Based on these considerations, staff 

applied judgment to pare the list down 

to 24 questions. The recommended 

questions were presented at a Chief 

Human Capital Officers Council 

meeting, as well as a meeting with 

interested agency stakeholders and 

survey staff. Analysis of the comments 

received resulted in the addition of one 

question and the slight modification of 

several others. Finally, OPM survey staff 

convened a panel of senior experts to 

review the list of questions. The panel 

added three questions to improve 

coverage of human capital management 

systems and to ensure the 28 questions 

selected comply with the law. 

The assessment requirements in law 

are restated below, with the questions 

that meet each requirement identified 

by number in brackets []. 

(1) Leadership and management 

practices that contribute to agency 

performance [5, 6, 7, 11, 12, 13, 17, 20]; 

and 

(2) Employee satisfaction with [27]; 

(A) Leadership policies and practices 

[18, 19, 23, 25]; 

(B) Work environment [1, 10, 21, 22]; 

(C) Rewards and recognition for 

professional accomplishment and 

personal contributions to achieving 

organizational mission[14, 15, 24, 28]; 

(D) Opportunity for professional 

development and growth [2, 16, 26]; and 

(E) Opportunity to contribute to 

achieving organizational mission [3, 4, 

8, 9]. 

OPM may vary the composition of the 

survey questions from time to time. The 

questions published in 5 CFR part 250, 

subpart C, will remain valid until 

changed by OPM through the regulatory 

process. Agencies should prepare and 

conduct surveys in accordance with 

professionally accepted survey 

standards to: ensure results are of high 

quality (e.g., the agency uses a 

communication strategy to publicize the 

survey and has determined an 

appropriate survey sample); the survey 

adequately assesses employee 

satisfaction; and the processing protects 

respondent confidentiality. The 

Government Accountability Office 

(GAO) publication entitled ‘‘Developing 

and Using Questionnaires’’ (October 

1993, GAO/PEMD–10.1.7) provides 

guidance for agency use. OPM will 

provide additional guidance to agencies 

on this topic. 

Agency Discretion 

Agencies retain discretion to decide 

who shall administer their surveys, how 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 54659 

the information will be collected, and 

how the results will be made available 

to the public and posted on their Web 

sites. Agencies may contract with other 

agencies, including OPM, or other 

sources to conduct surveys, but are not 

required to do so. 

Agencies may add survey questions, 

change the order of the questions, and 

‘‘reverse’’ the order of responses, except 

for the ‘‘Do Not Know’’ response option, 

which should remain last. 

Using Agency Results 

Survey results will be used to 

compare data over time and across 

agencies. Further, the survey results will 

support the requirement that OPM 

‘‘design a set of systems, including 

appropriate metrics, for assessing the 

management of human capital by 

Federal agencies,’’ as set forth in 5 

U.S.C. 1103(c). OPM is preparing 

proposed regulations revising 5 CFR 250 

to provide this design and appropriate 

metrics. 

Data Collection 

Data must be collected by December 

31 of each calendar year. To coordinate 

and encourage the timely availability of 

agency survey results, OPM is 

establishing a date of no later than 120 

days after an agency completes survey 

administration each year for posting 

survey results on agency Web sites, 

based on surveys conducted during that 

calendar year. OPM expects to issue 

final regulations in early 2006. 

Consequently, each agency will need to 

conduct its employee survey by 

December 31 of each calendar year, 

beginning with calendar year 2006, and 

post results no later than 120 days after 

survey administration is complete, as 

noted in the regulation. 

Relationship to Federal Human Capital 

Survey 

In years when OPM administers the 

Federal Human Capital Survey (FHCS), 

which will always include the survey 

questions prescribed in 5 CFR part 250, 

subpart C, it is anticipated agencies will 

choose to use the FHCS to comply with 

the requirement to survey employees for 

that calendar year. OPM ultimately 

expects to administer the FHCS in the 

fall of even-numbered years and to offer 

services to support agencies surveying 

their employees with the subpart C 

questions in the fall of odd-numbered 

years. To achieve a systematic 12-month 

interval with survey administrations 

ultimately accomplished each fall, and 

given the fact that surveys using subpart 

C questions will not be conducted in 

calendar year 2005, OPM plans to 

address the annual employee survey 

requirement for 2006 by administering 

the next FHCS in late spring 2006. In 

2007, agencies could administer the 

subpart C questions in the fall. In future 

even-numbered calendar years, the 

FHCS would be administered in the fall. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because it affects only certain Federal 

employees. 

Executive Order 12866, Regulatory 

Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order 12866. 

List of Subjects in 5 CFR Part 250 

Authority delegations (Government 

agencies), Government employees. 

Office of Personnel Management. 

Linda M. Springer, 

Director. 

Accordingly, OPM is proposing to 

amend 5 CFR part 250, as follows: 

PART 250—PERSONNEL 

MANAGEMENT IN AGENCIES 

1. The authority citation is revised to 

read as follows: 

Authority: 5 U.S.C. 1101 note, 1103(a)(5), 

1104, 1302, 3301, 3302, 7101 note; E.O. 

13197, 66 FR 7853, 3 CFR 748 (2002); E.O. 

10577, 12 FR 1259, 3 CFR, 1954–1958 Comp., 

p. 218. 

2. Add subpart B to read as follows: 

Subpart B—[Reserved] 

3. Add subpart C to read as follows: 

Subpart C—Employee Surveys 

Sec. 

250.301 Survey requirements. 

250.302 Availability of results. 

Subpart C—Employee Surveys 

§ 250.301 Survey requirements. 

(a) Each executive agency, as defined 

in 5 U.S.C. 105, must conduct an annual 

survey of its employees containing each 

question in this section. 

(b) The 28 prescribed employee 

survey questions and response choices 

are listed in the following table: 

Employee survey questions Employee response choices 

Personal Work Experiences 

(1) The people I work with cooperate to get the job done ...................... Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, or 

Strongly Disagree. 

(2) I am given a real opportunity to improve my skills in my organization.Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, or 

Strongly Disagree. 

(3) My work gives me a feeling of personal accomplishment ................. Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, or 

Strongly Disagree. 

(4) I like the kind of work I do .................................................................. Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, or 

Strongly Disagree. 

(5) Overall, how good a job do you feel is being done by your immediate supervisor/team leader? Very Good, Good, Fair, Poor, or Very Poor. 

Recruitment, Development & Retention 

(6) The workforce has the job-relevant knowledge and skills necessary 

to accomplish organizational goals.

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(7) My work unit is able to recruit people with the right skills ................. Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(8) I know how my work relates to the agency’s goals and priorities ..... Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(9) The work I do is important .................................................................. Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

54660 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 

Employee survey questions Employee response choices 

(10) Physical conditions (for example, noise level, temperature, lighting, 

cleanliness in the workplace) allow employees to perform their jobs 

well.

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

Performance Culture 

(11) Promotions in my work unit are based on merit .............................. Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(12) In my work unit, steps are taken to deal with a poor performer who 

cannot or will not improve.

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(13) Creativity and innovation are rewarded ............................................ Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(14) In my work unit, differences in performance are recognized in a 

meaningful way.

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(15) My performance appraisal is a fair reflection of my performance Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(16) Discussions with my supervisor/team leader about my performance are worthwhile.Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(17) Managers/supervisors/team leaders work well with employees of 

different backgrounds.

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

Leadership 

(18) I have a high level of respect for my organization’s senior leaders Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(19) In my organization, leaders generate high levels of motivation and 

commitment in the workforce.

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(20) Managers review and evaluate the organization’s progress toward 

meeting its goals and objectives.

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(21) Employees are protected from health and safety hazards on the 

job.

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(22) My organization has prepared employees for potential safety and 

security threats.

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

Job Satisfaction 

(23) How satisfied are you with your involvement in decisions that affect your work? Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, 

or Very Dissatisfied. 

(24) How satisfied are you with the recognition you receive for doing a 

good job? 

Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, 

or Very Dissatisfied. 

(25) How satisfied are you with the policies and practices of your senior leaders? Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, 

or Very Dissatisfied. 

(26) How satisfied are you with the training you receive for your 

present job? 

Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, 

or Very Dissatisfied. 

(27) Considering everything, how satisfied are you with your job? Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, 

or Very Dissatisfied. 

(28) Considering everything, how satisfied are you with your pay? Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, 

or Very Dissatisfied. 

§ 250.302 Availability of results. 

(a) Each agency will make the results 

of its annual survey available to the 

public and post the results on its Web 

site, unless the agency head determines 

that doing so would jeopardize or 

negatively impact national security. The 

posted survey results will include the 

following: 

(1) The agency’s evaluation of its 

survey results; 

(2) How the survey was conducted; 

(3) Description of the employee 

sample, unless all employees are 

surveyed; 

(4) The survey questions and response 

choices with the prescribed questions 

identified; 

(5) The number of employees 

surveyed and number of survey 

respondents; and 

(6) The number of respondents for 

each survey question and each response 

choice. 

(b) Data must be collected by 

December 31 of each calendar year. 

Each agency must post the beginning 

and ending dates of its employees 

survey and either the survey results 

described in paragraph (a) or a 

statement noting the decision not to 

post no later than 120 days after the 

agency completes survey 

administration. OPM may extend this 

date in unusual circumstances. 

(c) Each agency must submit its 

survey results to OPM no later than 120 

days after the agency completes survey 

administration. 

[FR Doc. 05–18374 Filed 9–15–05; 8:45 am] 

BILLING CODE 6325–39–M 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 205 

[Docket Number TM–04–01] 

RIN 0581–AC35 

National Organic Program (NOP): 

Proposed Amendments to the National 

List of Allowed and Prohibited 

Substances (Crops and Processing) 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

amend the U.S. Department of 

Agriculture’s (USDA) National List of 

Allowed and Prohibited Substances