Unknown. Interim final rule; request for comments

13,637 words·~62 min read·/register/2025/01/15/2025-00583·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2025-01-15.xml --- 90 9 Wednesday, January 15, 2025 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Toxicological Profiles, 3870-3871 2025-00827 Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Increased Assessment Rate: Oranges and Grapefruit Grown in Lower Rio Grande Valley, TX, 3720-3723 2025-00193 Agriculture Agriculture Department See Agricultural Marketing Service Consumer Financial Protection Bureau of Consumer Financial Protection RULES Truth in Lending (Regulation Z):

Consumer Credit Offered to Borrowers in Advance of Expected Receipt of Compensation for Work, 3622-3624 2025-00381 PROPOSED RULES Electronic Fund Transfers through Accounts Established Primarily for Personal, Family, or Household Purposes using Emerging Payment Mechanisms, 3723-3727 2025-00565 NOTICES Request for Information: The Collection, Use, and Monetization of Consumer Payment and Other Personal Financial Data, 3804-3808 2025-00811 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 3871-3873 2025-00695 2025-00696 Children Children and Families Administration PROPOSED RULES Parentage Establishment in the Child Support Services Program; Withdrawal, 3752-3753 2025-00638 Civil Rights Civil Rights Commission NOTICES Hearings, Meetings, Proceedings, etc.: Guam Advisory Committee, 3787 2025-00697 Coast Guard Coast Guard PROPOSED RULES Safety Zone: Cable Laying Corridor, Atlantic Ocean, Virginia Beach, VA, 3729-3731 2024-31420 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Council Environmental Council on Environmental Quality RULES Office of Environmental Quality Management Fund, 3703-3706 2025-00473 Defense Department Defense Department RULES Civil Monetary Penalty Inflation Adjustment, 3693-3695 2025-00715 PROPOSED RULES Acquisition Regulation:

Protests of Orders under Certain Multiple-Award Contracts, 3761-3763 2025-00616 Small Business Participation on Certain Multiple-Award Contracts, 3753-3761 2025-00615 Federal Acquisition Regulation: Preventing Organizational Conflicts of Interest in Federal Acquisition, 4376-4395 2024-31561 Delaware Delaware River Basin Commission NOTICES Hearings, Meetings, Proceedings etc., 3808-3809 2025-00740 Education Department Education Department RULES Income-Contingent Repayment Plan Options, 3695-3702 2025-00724 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Best Interest Determination, Prison Education Program, 3818-3819 2025-00705 School Pulse Panel 2025-26 Data Collection Activities, 3819-3820 2025-00781 Student Assistance General Provisions-Annual Fire Safety Report, 3819 2025-00682 Applications for New Awards: Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities; Demonstration and Training Programs, National Technical Assistance Center on Transition for Students and Youth with Disabilities, 3809-3818 2025-00691 Employee Benefits Employee Benefits Security Administration RULES Prohibited Transaction Exemption 2002-51 to Permit Certain Transactions Identified in the Voluntary Fiduciary Correction Program, 3667-3673 2025-00328 Voluntary Fiduciary Correction Program, 4192-4231 2025-00327 PROPOSED RULES Enhancing Coverage of Preventive Services under the Affordable Care Act, 3728-3729 2025-00774 NOTICES Exemption:

Certain Prohibited Transaction Restrictions involving Memorial Sloan Kettering Cancer Center Located in New York, NY, 3947-3957 2025-00813 Certain Prohibited Transaction Restrictions involving Boilermakers Western States Apprenticeship Fund Located in Page, A-Z, 3923-3929 2025-00810 Certain Prohibited Transaction Restrictions Involving UBS AG Located in Zurich, Switzerland, 3929-3947 2025-00812 Employment and Training Employment and Training Administration RULES Adjudication of Temporary and Seasonal Need for Herding and Production of Livestock on the Range Applications under the H2A Program, 3625-3626 2025-00829 Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range in the United States, 3626-3627 2025-00828 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Nonmonetary Determination Activity Report, 3958-3960 2025-00662 Unemployment Insurance Data Validation Program, 3957-3958 2025-00807 Work Application/Job Order Recordkeeping, 3960 2025-00808 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Fuels Regulatory Streamlining Sampling and Testing Updates, 4320-4373 2024-31218 New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units:

Emission Guidelines for Greenhouse Gas Emissions from Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule, 3702-3703 2025-00659 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Kansas; Annual Emission Inventory and Fees, 3731-3734 2024-31626 Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review, 3734-3752 2024-31227 NOTICES Draft National Recommended Ambient Water Quality Criteria:

Protection of Human Health for Perfluorooctanoic Acid, Perfluorooctane Sulfonic Acid, and Perfluorobutane Sulfonic Acid; Correction, 3827-3828 2025-00710 Draft Sewage Sludge Risk Assessment: Perfluorooctanoic Acid and Perfluorooctane Sulfonic Acid, 3859-3864 2025-00734 Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2023, 3827 2024-31058 Preliminary Regulatory Determinations: Contaminants on the Fifth Drinking Water Contaminant Candidate List, 3830-3859 2025-00133 Risk Evaluations for Chemical Substances, 3828-3830 2025-00730 Farm Credit Farm Credit Administration RULES Civil Monetary Penalty Inflation Adjustment, 3617-3618 2025-00963 Federal Aviation Federal Aviation Administration NOTICES Petition for Exemption:

Houff Corporation, 3988-3989 2025-00699 Federal Communications Federal Communications Commission RULES Civil Monetary Penalty Inflation Adjustment, 3710-3713 2025-00494 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3864 2025-00645 Federal Emergency Federal Emergency Management Agency NOTICES National Flood Insurance Program: Assistance to Private Sector Property Insurers, Fiscal Year 2026 Arrangement, 3891-3899 2025-00511 Federal Energy Federal Energy Regulatory Commission NOTICES Application and Establishing Intervention Deadline:

Transwestern Pipeline Co., LLC, 3821-3823 2025-00833 Application: Virginia Electric and Power Co. Doing Business as Dominion Energy Virginia, Allegheny Generating Co., and Bath County Energy, LLC, 3824-3826 2025-00836 Combined Filings, 3820-3821, 3826-3827 2025-00765 2025-00766 Environmental Assessments; Availability, etc.: Columbia Gas Transmission, LLC, 3824 2025-00837 Presumpscot Hydro, LLC, Dichotomy Power Maine, LLC, 3823-3824 2025-00838 Privacy Act; Systems of Records, 3821 2025-00839 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 3865-3867 2025-00729 Annual Adjustment: Cap on Average Total Assets That Defines Community Financial Institutions, 3865 2025-00720 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 3870 2025-00777 Complaint: 20230930-DK-BUTTERFLY-1, Inc., Complainant v. BAL Container Line Co., Ltd., Respondent, 3869-3870 2025-00779 Euromarket Designs, Inc., Complainant v. MSC Mediterranean Shipping Co. SA, Ocean Network Express Pte. Ltd., et al., Respondents, 3868-3869 2025-00780 Nielsen and Bainbridge, LLC, Complainant v.

Orient Overseas Container Line, Ltd., et al., Respondents, 3867-3868 2025-00784 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Transportation of Household Goods; Consumer Protection, 3995-3997 2025-00819 Exemption Application: Commercial Driver's License; Bianco Trucking Services, LLC, d.b.a. CDL and Operator Training, 3990-3992 2025-00818 Qualification of Drivers; Epilepsy and Seizure Disorders, 3989-3990, 3994-3995, 3998-3999 2025-00747 2025-00748 2025-00820 Qualification of Drivers;

Hearing, 3992-3994 2025-00745 2025-00746 Qualification of Drivers; Implantable Cardioverter Defibrillators, 3997-3998 2025-00749 Federal Reserve Federal Reserve System RULES Extensions of Credit by Federal Reserve Banks: Regulation A, 3614-3615 2025-00429 Reserve Requirements of Depository Institutions: Regulation D, 3615-3616 2025-00430 NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies: Correction, 3870 2025-00832 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: 12-Month Finding for the Greater Yellowstone Ecosystem of the Grizzly Bear in the Lower-48 States, 3763-3765 2025-00325 12-Month Finding for the Northern Continental Divide Ecosystem of the Grizzly Bear in the Lower-48 States, 3783-3786 2025-00330 Designation of Critical Habitat for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt, 3765-3783 2024-29641 Grizzly Bear Listing on the List of Endangered and Threatened Wildlife, 4234-4276 2025-00329 Food and Drug Food and Drug Administration NOTICES Priority Review Voucher:

Alhemo (concizumabmtci); Rare Pediatric Disease Product, 3880 2025-00750 Request for Information: Growing, Harvesting, Processing, and Distribution of Poppy Seeds—Industry Practices Related to Opiate Alkaloids, 3873-3876 2025-00757 High-Protein Yogurt, 3878-3880 2025-00754 Withdrawal of Approval of Drug Application: Teva Branded Pharmaceutical Products R and D, Inc., et al., 3877-3878 2025-00743 Teva Pharmaceuticals USA, Inc., et al., 3876-3877 2025-00742 Foreign Assets Foreign Assets Control Office RULES Civil Monetary Penalty Inflation Adjustment, 3687-3693 2025-00786 NOTICES Sanctions Action, 4002-4003 2025-00762 General Services General Services Administration RULES Federal Travel Regulation:

Relocation Allowances; Miscellaneous Expenses Allowance, 3706-3710 2025-00497 PROPOSED RULES Acquisition Regulation: Protests of Orders under Certain Multiple-Award Contracts, 3761-3763 2025-00616 Small Business Participation on Certain Multiple-Award Contracts, 3753-3761 2025-00615 Federal Acquisition Regulation: Controlled Unclassified Information, 4278-4317 2024-30437 Preventing Organizational Conflicts of Interest in Federal Acquisition, 4376-4395 2024-31561 Government Ethics Government Ethics Office RULES Civil Monetary Penalty Inflation Adjustment, 3610-3612 2025-00671 Health and Human Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Patient Protection and Affordable Care Act;

HHS Notice of Benefit and Payment Parameters for 2026; Basic Health Program, 4424-4542 2025-00640 PROPOSED RULES Enhancing Coverage of Preventive Services under the Affordable Care Act, 3728-3729 2025-00774 NOTICES Reports on Alcoholic Beverages and Health to Inform the Dietary Guidelines for Americans, 2025-2030, 3883-3884 2025-00416 Requests for Nominations: Center for Indigenous Innovation and Health Equity Tribal Advisory Committee; Correction, 3883 2025-00701 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Drug Pricing Program; Initiation of the Administrative Dispute Resolution Process, 3881-3882 2025-00831 Hearings, Meetings, Proceedings, etc.: National Advisory Council on the National Health Service Corps, 3882-3883 2024-30715 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration PROPOSED RULES Protection of Federal Property, 4398-4421 2024-31206 NOTICES Uyghur Forced Labor Prevention Act Entity List, 3899-3906 2025-00901 Indian Affairs Indian Affairs Bureau RULES Federal Acknowledgment of American Indian Tribes, 3627-3645 2025-00709 NOTICES Indian Gaming:

Approval of the Fifth Amendment to the Tribal-State Class III Gaming Compact Amendment between Stillaguamish Tribe of Indians of Washington and the State of Washington, 3908 2025-00772 Land Acquisition: Coquille Indian Tribe, Medford Site, City of Medford, Jackson County, OR, 3907-3908 2025-00761 Scotts Valley Band of Pomo Indians, Vallejo Site, Solano County, CA, 3906-3907 2025-00744 Industry Industry and Security Bureau RULES Framework for Artificial Intelligence Diffusion, 4544-4584 2025-00636 Hearings, Meetings, Proceedings, etc.:

Framework for Artificial Intelligence Diffusion, 3624-3625 2025-00637 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Ocean Energy Management Bureau See Surface Mining Reclamation and Enforcement Office NOTICES Adoption of Categorical Exclusions under the National Environmental Policy Act, 3908-3911 2025-00452 Internal Revenue Internal Revenue Service RULES Clean Electricity Production Credit and Clean Electricity Investment Credit, 4006-4127 2025-00196 Resolution of Federal Tax Controversies by the Independent Office of Appeals, 3645-3665 2025-00426 PROPOSED RULES Enhancing Coverage of Preventive Services under the Affordable Care Act, 3728-3729 2025-00774 Board International Broadcasting Advisory Board NOTICES Meetings;

Sunshine Act, 3787 2025-00902 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Active Anode Material from the People's Republic of China, 3788-3792 2025-00657 Certain Cold-Rolled Steel Flat Products from the Republic of Korea, 3797-3798 2025-00815 Hard Empty Capsules from Brazil, the People's Republic of China, India, and the Socialist Republic of Vietnam, 3788 2025-00658 Sales at Less Than Fair Value;

Determinations, Investigations, etc.: Active Anode Material from the People's Republic of China, 3792-3797 2025-00656 International Trade Com International Trade Commission NOTICES Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries, 3921-3923 2025-00677 Justice Department Justice Department NOTICES Proposed Settlement Agreement, Stipulation, Order, and Judgment, etc.: Clean Water Act and Safe Drinking Water Act, 3923 2025-00686 Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Alien Claims Activity Report, 3960-3961 2025-00809 Claims and Payment Activities, 3962 2025-00661 Guam Military Base Realignment Contractors Recruitment Standards, 3961-3962 2025-00653 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Director's Response to the Appeals by the Governors of California and Utah; Consistency Review Determination for Utility-Scale Solar Energy Development Resource Management Plan Amendments, 3912-3914 2025-00753 Record of Decision and Approved Resource Management Plan;

North Dakota, 3915-3916 2025-00840 Proposed Withdrawal: Amargosa Valley, NV, 3914-3915 2025-00700 Sloan Utility and Transportation Corridor, Clark County, NV, 3911-3912 2025-00814 Public Land Order: No. 7958; Extension of Public Land Order No. 6597, as Extended; White Mountain Petroglyphs Site, WY, 3916-3917 2025-00776 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 3962-3963 2025-00944 Management Management and Budget Office NOTICES Request for Information: Advancing the Domestic Manufacturing of Semi-Conductors in Commercial Information Technology, 3963-3965 2025-00727 Millenium Millennium Challenge Corporation NOTICES Report on the Selection of Eligible Countries for Fiscal Year 2025:

Albania, 3966-3967 2025-00899 NASA National Aeronautics and Space Administration PROPOSED RULES Acquisition Regulation: Protests of Orders under Certain Multiple-Award Contracts, 3761-3763 2025-00616 Small Business Participation on Certain Multiple-Award Contracts, 3753-3761 2025-00615 Federal Acquisition Regulation: Preventing Organizational Conflicts of Interest in Federal Acquisition, 4376-4395 2024-31561 NOTICES Hearings, Meetings, Proceedings, etc.: Aerospace Safety Advisory Panel, 3967 2025-00666 Licenses;

Exemptions, Applications, Amendments, etc., 3967-3968 2025-00669 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3968-3969 2025-00714 National Credit National Credit Union Administration RULES Civil Monetary Penalty Inflation Adjustment, 3618-3622 2025-00737 National Endowment for the Arts National Endowment for the Arts NOTICES Hearings, Meetings, Proceedings, etc.: Arts Advisory Panel, 3969 2025-00752 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Highway National Highway Traffic Safety Administration PROPOSED RULES Automated Driving Systems-Equipped Vehicle Safety, Transparency, and Evaluation Program, 4130-4190 2024-30854 National Institute National Institute of Standards and Technology NOTICES Draft Document:

Managing Misuse Risk for Dual-Use Foundation Models, 3798-3799 2025-00698 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Division of Police Law Enforcement Forms, 3884-3885 2025-00650 Hearings, Meetings, Proceedings, etc.: Center for Scientific Review, 3886-3888, 3890 2025-00660 2025-00689 2025-00845 National Cancer Institute, 3888 2025-00739 National Heart, Lung, and Blood Institute, 3885-3886 2025-00687 2025-00688 National Institute of Allergy and Infectious Diseases, 3885 2025-00851 National Institute of Dental and Craniofacial Research, 3889 2025-00844 National Institute of Diabetes and Digestive and Kidney Diseases, 3887 2025-00850 National Institute of Mental Health, 3888 2025-00843 National Institute of Neurological Disorders and Stroke, 3889 2025-00738 National Institute on Aging, 3885-3886, 3888-3889 2025-00841 2025-00842 2025-00846 2025-00849 Office of the Director, 3887-3888 2025-00690 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Licensing of Private Remote-Sensing Space Systems, 3800-3801 2025-00741 Hearings, Meetings, Proceedings, etc.: Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeast Data, Assessment, and Review, 3803 2025-00655 North Pacific Fishery Management Council, 3799-3800 2025-00758 South Atlantic Fishery Management Council, 3801-3802 2025-00652 2025-00654 Permits; Applications, Issuances, etc.: Marine Mammals and Endangered Species, 3802-3803 2025-00717 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 2025 National Survey of College Graduates, 3969-3970 2025-00683 Nuclear Regulatory Nuclear Regulatory Commission RULES Civil Monetary Penalty Inflation Adjustment, 3612-3614 2024-31471 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Occupational Exposure to COVID-19 in Healthcare Settings, 3665-3667 2025-00632 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Proposed Vineyard Mid-Atlantic Project on the U.S. Outer Continental Shelf Offshore New York, 3917-3921 2025-00733 Personnel Personnel Management Office RULES Appeal Procedures: Recoupment of Awards, Bonuses, or Relocation Expenses Awarded or Approved for all Employees of the Department of Veterans Affairs, 3601-3610 2025-00583 NOTICES Privacy Act; Systems of Records, 3970-3972 2025-00584 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Pipeline Safety:

Safety of Gas Transmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments; Corrections to Conform to Judicial Review, 3713-3716 2025-00073 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 3972-3976 2025-00702 2025-00817 Postal Service Postal Service NOTICES Product Change: Priority Mail and USPS Ground Advantage Negotiated Service Agreement, 3976-3979 2025-00803 2025-00804 2025-00805 2025-00806 Priority Mail Express, Priority Mail, and USPS Ground Advantage Negotiated Service Agreement, 3976-3979 2025-00787 2025-00788 2025-00789 2025-00790 2025-00791 2025-00792 2025-00793 2025-00794 2025-00795 2025-00796 2025-00797 2025-00798 2025-00799 2025-00800 2025-00801 2025-00802 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities;

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Exemptions, Applications, Amendments, etc.: Small Business Investment Company, 3985-3986 2025-00759 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3986-3987 2025-00668 State Department State Department NOTICES Delegation of Authority: Authorities of the Under Secretary for Civilian Security, Democracy, and Human Rights, 3987-3988 2025-00679 Authorities of the Under Secretary for Economic Growth, Energy, and the Environment, 3988 2025-00678 Designation as Terrorist or Global Terrorist:

The Terrorgram Collective, Ciro Daniel Amorim Ferreira, Noah Licul, and Hendrik-Wahl Muller, 3987 2025-00756 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Montana Regulatory Program, 3673-3687 2025-00333 Tennessee Tennessee Valley Authority NOTICES Hearings, Meetings, Proceedings, etc.: Regional Energy Resource Council, 3988 2025-00783 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Buy America Waiver for the Pacific Island Territories and the Freely Associated States, 3999-4002 2025-00713 Security Transportation Security Administration RULES Recordkeeping Requirements for Criminal History Record Checks:

Airport and Aircraft Operator Security; Technical Amendments, 3716-3719 2025-00773 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Architect-Engineer Fee Proposal and Contractor Production Report, 4003 2025-00694 Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 4006-4127 2025-00196 Part III Transportation Department, National Highway Traffic Safety Administration, 4130-4190 2024-30854 Part IV Labor Department, Employee Benefits Security Administration, 4192-4231 2025-00327 Part V Interior Department, Fish and Wildlife Service, 4234-4276 2025-00329 Part VI General Services Administration, 4278-4317 2024-30437 Part VII Environmental Protection Agency, 4320-4373 2024-31218 Part VIII Defense Department, 4376-4395 2024-31561 General Services Administration, 4376-4395 2024-31561 National Aeronautics and Space Administration, 4376-4395 2024-31561 Part IX Homeland Security Department, 4398-4421 2024-31206 Part X Health and Human Services Department, 4424-4542 2025-00640 Part XI Commerce Department, Industry and Security Bureau, 4544-4584 2025-00636 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 90 9 Wednesday, January 15, 2025 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 755 [Docket ID: OPM-2025-0003] RIN 3206-AO71 Appeal Procedures for Recoupment of Awards, Bonuses, or Relocation Expenses Awarded or Approved for All Employees of the Department of Veterans Affairs AGENCY:

Office of Personnel Management. ACTION: Interim final rule; request for comments. SUMMARY: The Office of Personnel Management

(OPM)is issuing an interim final rule to implement provisions of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 that permit current and former employees of the Department of Veterans Affairs

(VA)to appeal the recoupment of awards, bonuses, or relocation expenses awarded or approved for these individuals. This regulation prescribes general procedures applicable to appeals to the Director of OPM regarding an order by the Secretary of the VA, or designee, directing the employee or former employee to repay the amount, or a portion of the amount, of any award or bonus paid to the employee. This regulation also prescribes general procedures applicable to appeals regarding an order by the Secretary of the VA, or designee, directing the employee or former employee to repay the amount, or a portion of the amount, paid to or on behalf of an employee for relocation expenses. DATES: *Effective date:* This rule is effective on January 15, 2025. *Comment date:* OPM must receive comments on the rule on or before March 17, 2025. ADDRESSES: You may submit comments by the following method: Federal eRulemaking Portal: *https://www.regulations.gov.* Follow the instructions for submitting comments. All submissions received must include the agency name and docket number or RIN for this document. All comments must be received by the end of the comment period for them to be considered. All comments and other submissions received generally will be posted on the internet at *https://www.regulations.gov* as they are received, without change, including any personal information provided. However, OPM retains discretion to redact personal or sensitive information, including but not limited to, personal or sensitive information pertaining to third parties. FOR FURTHER INFORMATION CONTACT: Timothy Curry by email at *employeeaccountability@opm.gov* or by telephone at

(202)606-2930. SUPPLEMENTARY INFORMATION: Background The Department of Veterans Affairs

(VA)Accountability and Whistleblower Protection Act of 2017, Public Law 115-41 (June 23, 2017), authorizes the Secretary of the VA to issue an order directing a VA employee to repay, in whole or in part, any award or bonus paid on or after June 23, 2017, to an employee under title 5, United States Code, including chapters 45 or 53, or title 38, United States Code, if it is determined the employee engaged in misconduct or poor performance prior to the payment of the award or bonus, and the award or bonus would not have been paid, in whole or in part, had the misconduct or poor performance been known prior to payment. Furthermore, the law authorizes the Secretary of the VA to issue an order to an employee to repay the amount, or a portion of the amount, paid to or on behalf of an employee under title 5, United States Code, for relocation expenses, including 5 U.S.C. 5724 and 5724a, or title 38, United States Code, if it is determined the relocation expenses were paid on or after June 23, 2017, following an act of fraud or malfeasance that influenced the authorization of the relocation expenses. Finally, the law authorizes the Secretary of the VA to reduce retirement benefits of employees convicted of certain crimes and removed for performance or misconduct. In all cases, the law provides that, upon issuance of an order by the Secretary, the individual has the right to appeal the order to the Director of the Office of Personnel Management (OPM). However, this rulemaking will only address appeals to the Director of OPM regarding recoupment of awards, bonuses, and relocation expenses. Appeals of orders regarding reduction of retirement benefits of employees convicted of certain crimes will be addressed in a future rulemaking. Legislative Requirements Section 204 of Public Law 115-41 amended subchapter I of chapter 7 of title 38, United States Code, by adding a new section 721. Specifically, 38 U.S.C. 721 outlines procedural requirements for recoupment of awards or bonuses paid to VA employees. If the Secretary determines an individual has engaged in misconduct or poor performance prior to payment of the award or bonus and that such award or bonus would not have been paid, in whole or in part, had the misconduct or poor performance been known prior to payment, the Secretary must provide certain procedural protections before issuing an order for repayment. Before such repayment, the employee is afforded

(A)notice of the proposed order; and

(B)an opportunity to respond to the proposed order by not later than 10 business days after the receipt of such notice. If the individual responds to the proposed order, the Secretary will issue an order not later than five business days after receiving the individual's response. If the individual does not respond to the proposed order, the Secretary will issue an order not later than 15 business days after the Secretary provides notice to the individual. These procedures are also outlined in VA policies 2 and are not part of this rulemaking. It is important to note that neither the law nor VA policies require the VA to have taken a disciplinary action or adverse action for the Secretary to seek recoupment of relocation expenses, nor do they prohibit recouping relocation expenses in addition to taking a disciplinary, adverse, or performance-based action. The order by the Secretary only needs to show that the Secretary has determined the employee has engaged in an act of fraud or malfeasance that influenced the authorization of the relocation expenses. Upon the issuance of an order by the Secretary, the individual may appeal the order to the Director of OPM before the date that is seven business days after the date of such issuance. As noted earlier, this rulemaking addresses the appeal procedures to OPM. 2 See *Id.,* Procedures for Recoupment of Relocation Expenses, Page VI-6. Interim Final Rule With Request for Comments This interim final rule establishes a new part in the Code of Federal Regulations at 5 CFR part 755 with subparts A and B. Subpart A outlines appeal procedures for recoupment of awards and bonuses for all employees of the VA. Subpart B outlines appeal procedures for recoupment of relocation expenses for all employees of the VA. In addition to the statutory requirements guiding OPM in the development of this interim final rule, OPM was informed by the procedures established by the VA regarding recoupment of awards, bonuses, or relocation expenses outlined in VA Handbook 5017/20, Employee Recognition and Awards. 5 CFR Part 755: Appeal Procedures for Recoupment of Awards, Bonuses, or Relocation Expenses Awarded or Approved for All Employees of the Department of Veterans Affairs OPM is adding a new part at 5 CFR part 755 to implement the appeals procedures for recoupment of awards, bonuses, and relocation expenses for employees of the VA. This new part is entitled “Appeal Procedures for Recoupment of Awards, Bonuses, or Relocation Expenses Awarded or Approved for All Employees of the Department of Veterans Affairs.” The following sections discuss the scope and procedures within the subparts of part 755. Subpart A: Awards and Bonuses Under part 755, OPM is adding a new subpart A which will be known as “Awards and Bonuses.” These new procedures are outlined below. Section 755.101 Scope of Subpart and Definitions Subpart A applies to a current or former civil service employee of the Department of Veterans Affairs (VA). OPM has concluded that a “current employee” is an individual appointed in the civil service as outlined in 5 U.S.C. 2105 or under title 38 regarding VA civil service employees. This subpart does not apply to contractor employees performing work at the VA on behalf of a contractor because contractor employees are not appointed in the civil service. In recognition of the possibility that VA may issue a recoupment order after an employee has left the VA, for example through transfer to another agency, removal, resignation, or retirement from Federal service, former VA employees are also covered by this appeal process. Specifically, subpart A is limited to appeals filed pursuant to 38 U.S.C. 721 by an “employee” of the VA to the Director of OPM, or designee, regarding an order by the Secretary of the VA, or designee, directing the employee to repay the amount, or a portion of the amount, of any award or bonus paid to the employee under title 5, United States Code, including chapters 45 or 53 of such title, or title 38, United States Code. OPM has determined this includes, among other provisions under title 5, awards and bonuses paid pursuant to 5 U.S.C. chapter 45 (Awards); 5 U.S.C. 5336 (Additional Step Increases commonly known as Quality Step Increases); 5 U.S.C. 5384 (Performance awards in the Senior Executive Service); 5 U.S.C. 5753 and 5754 (Recruitment, Relocation, and Retention Bonuses); and any title 38 authorities regarding awards and bonuses. OPM's review on appeal is limited to whether the procedures in VA's policies on recoupment were followed or, in the absence of any such policies, the VA's order was otherwise in compliance with 38 U.S.C. 721. As discussed in more detail elsewhere in this rule (see, *e.g.,* discussion regarding § 755.103), OPM believes the statutory timeframes established by Congress suggest that Congress did not intend for OPM to conduct a more fulsome or comprehensive review of the merits concerning the VA's order. Furthermore, Congress did not provide OPM the authority to adjudicate the underlying decisions by the VA regarding any disciplinary or adverse action or any performance-based action. Accordingly, subpart A does not cover appeals regarding any disciplinary or adverse action, or any performance-based action taken by the VA, even if such action serves as the basis for the Secretary of the VA, or designee, to order recoupment of a bonus or award paid to an employee of the VA. Likewise, OPM will not review any discrimination claim or prohibited personnel practice claim raised in any appeal. Depending on the employee, VA may have multiple legal authorities available for addressing misconduct and performance issues, such as 5 U.S.C. chapter 75 (Adverse Actions); 5 U.S.C. 4303 (Actions based on unacceptable performance); 5 U.S.C. 3592 (addressing unacceptable performance for SES); and various title 38, United States Code, authorities for addressing misconduct or unacceptable performance. These statutory authorities have separate appeals or grievance procedures to address any adverse actions or performance-based actions taken by the VA and may serve as the basis for the Secretary of the VA, or designee, to order recoupment of awards or bonuses. Employees may file discrimination complaints to the Equal Employment Opportunity Commission

(EEOC)and prohibited personnel practice complaints with the U.S. Office of Special Counsel (OSC). VA employees should consult with their servicing human resources office with questions regarding applicable grievance or appeal rights regarding any disciplinary or adverse action, or performance-based actions, that may be taken against an employee. To implement the statutory timeframes established by Congress, OPM is defining the term “business days” to mean weekdays, which are Monday through Friday, except when such a day is designated as a Federal holiday by OPM, or the employee's assigned facility or OPM is closed for regular business, *e.g.,* inclement weather, lapse in appropriations. OPM notes that this definition is similar to the definition of “Business Days” outlined in VA's policy regarding the recoupment of awards and bonuses but notes that the calculation of business days is slightly different from that established in VA's policy. VA's definition of a business day is based upon the employee's receipt of an order, whereas OPM defines a business day, for the purposes of an appeal to OPM, as beginning on the first business day after the issuance of the order to the employee. OPM's approach to calculating business days mirrors the statutory language in 38 U.S.C. 721(b)(1), promotes consistent use of an objective timeframe, and avoids the risk of presumption of delivery. Section 755.102 Procedures for Submitting Appeals This section describes the procedures for VA employees to follow when submitting an appeal regarding a VA order for recoupment of an award or bonus under 38 U.S.C. 721. An employee may file an appeal to the Director of OPM by U.S. mail or by email, within seven business days after the date of issuance of the order pursuant to 38 U.S.C. 721(a)(3). This time limit is established in law. Appeals which are untimely filed may be dismissed resulting in the VA's decision being upheld. OPM, for good cause shown, may accept an untimely appeal. OPM adopts the approach taken by the Merit Systems Protection Board in *Alonzo* v. *Department of the Air Force,* 4 MSPB 262, 4 M.S.P.R. 180 (1980), in determining whether an employee establishes good cause for the untimely filing of an appeal. If the employee elects to file by the U.S. mail, it must be addressed to Director, U.S. Office of Personnel Management, 1900 E Street NW, Room 7H28 (Attention: Accountability and Workforce Relations), Washington, DC 20415. OPM will rely upon the postmark to determine timeliness for filing the appeal. If the employee elects to file by email, it must be sent to *employeeaccountability@opm.gov.* OPM will rely upon the date the email was sent to determine timeliness for filing the appeal. The law does not specify the content for any appeal filed with OPM. Therefore, OPM has determined what information OPM needs to adequately consider the appeal. OPM is requiring that minimum information to be included in any appeal to reflect the narrow grant of authority 38 U.S.C. 721 gives to OPM. The appeal must be submitted in writing and must be signed by the employee or their representative. OPM is not requiring a specific form be used in filing the appeal, but any appeal must include the specified information for OPM to properly adjudicate the appeal. The written appeal must include

(1)a copy of the notice of proposed order received pursuant to 38 U.S.C. 721(a)(2)(A);

(2)a copy of the employee's response to the proposed order, if any;

(3)a copy of the order received pursuant to 38 U.S.C. 721(a)(3);

(4)a statement explaining why the employee believes the order received pursuant to 38 U.S.C. 721(a)(3) is in error;

(5)the name, mailing address, telephone number, and email address of the employee and, if applicable, the same information for their representative; and

(6)the name, mailing address, telephone number, and email address of the VA official who issued the order pursuant to 38 U.S.C. 721(a)(3). OPM will notify the VA upon receipt of a complete, timely appeal. The VA must provide OPM a copy of the evidence file relied upon in proposing and deciding its recoupment order as soon as possible but no later than five business days after OPM sends its notice to the VA. For OPM to make an appropriate decision, OPM must have all necessary facts and evidence relied upon by the VA when making its recoupment decision. If necessary, OPM may request VA provide information in addition to the evidence file. For example, OPM may need additional information to address the employee's belief the order by the VA was in error. Any additional information requested by OPM must be provided to OPM within five business days after OPM's request. VA must also furnish a copy of any additional information requested by and provided to OPM to the employee. VA's failure to provide the evidence file or any requested additional information to OPM will result in a finding against the VA. An employee covered by this subpart is entitled to be represented by an attorney or other representative. OPM may disallow as an employee's representative an individual whose activities as representative would cause a conflict of interest or position, or an employee of any agency whose release from their official position would give rise to unreasonable costs or whose priority work assignments preclude their release. This is consistent with other complaint processes regulated by OPM. Finally, it is unclear to OPM whether the appeal rights to OPM are the exclusive process for bargaining unit employees to challenge a VA order on recoupment of awards or bonuses or whether VA bargaining unit employees may file a grievance under any applicable negotiated grievance procedure which ends in binding arbitration. OPM requests comment on whether bargaining unit employees may use the negotiated grievance process under 5 U.S.C. 7121 to challenge a VA order in lieu of filing an appeal with OPM. OPM also requests comment on whether this determination is impacted by whether the award or bonus was originally paid under title 5 authority or under title 38 authority. Section 755.103 Basis of Appeal Decision The law provides that, upon the issuance of an order by the Secretary, an individual shall have an opportunity to appeal the order to the Director of OPM within seven business days after the date of such issuance. The law further provides that the Director shall make a final decision regarding the appeal within 30 business days after receiving the appeal. Therefore, due to this compressed timeline, OPM has determined the best way to fulfill its obligations to render a timely decision on any appeal is to base the decision on the written record only, which will include the submissions by the employee and the agency. There will be no formal hearing procedures for this appeal. The burden is upon the employee to establish the timeliness of the appeal and to explain why the VA's order is in error as to one or both of the bases found in 38 U.S.C. 721(a)(1). OPM may uphold the VA order if the employee or their designated representative fails to provide required information. As noted previously, OPM will also uphold the VA order if the appeal was untimely filed without good cause shown for the delay. Since Congress did not provide OPM the authority to adjudicate decisions by the VA regarding any disciplinary or adverse action, or any performance-based action, OPM's review of the VA order is limited to whether the procedures in VA's policies on recoupment of awards and bonuses 3 pursuant to 38 U.S.C. 721 were followed, or, in the absence of such policies, whether the order was otherwise in compliance with the statute. In other words, OPM will not review whether any disciplinary or adverse action, or performance-based action, which may have been relied upon by the VA in its recoupment order, was appropriate. OPM will accept the facts found by the VA regarding the disciplinary or adverse action, performance-based action, or other type of finding or action, if any, which was relied upon by the VA in making its recoupment decision. As noted earlier, OPM will not review any discrimination claim or prohibited personnel practice claim raised in any appeal. Employees may file complaints with the EEOC or OSC, where appropriate. 3 See *Id.,* Procedures for Recoupment of Award or Bonus, Page VI-3. Section 755.104 Form of Appeal Decision Within 30 business days after receiving an appeal, OPM will make a decision on the employee's appeal. OPM will then send a written appeal decision to the employee or to the employee's representative, if any, advising whether the VA order is upheld by OPM. OPM will send the VA a copy of the appeal decision. This time limit is consistent with the statutory requirements. Section 755.105 Finality of Appeal Decision Pursuant to 38 U.S.C. 721(b)(2), the OPM decision on appeal is final. There will not be any further administrative review available within OPM, and thus this rule does not establish any process for requests for reconsideration. The law is silent regarding any statutory right to judicial review of an OPM appeal decision. Accordingly, although OPM will send its appeal decision to the employee, OPM will not provide an accompanying statement of “appeal rights.” OPM requests comment on whether a VA employee may seek judicial review of an OPM final decision. If so, where would judicial review occur? OPM may revise its procedures to address appeals based on comments received. Subpart B: Relocation Expenses Under part 755, OPM is adding a new subpart B which will be known as “Relocation Expenses.” These new procedures are outlined below. Section 755.201 Scope of Subpart and Definitions Like subpart A, subpart B applies to a current or former civil service employee of the Department of Veterans Affairs (VA). OPM has concluded that a “current employee” is an individual appointed in the civil service as outlined in 5 U.S.C. 2105 or under title 38, United States Code, regarding VA civil service employees. This subpart does not apply to contractor employees performing work at the VA on behalf of a contractor because contractor employees are not appointed in the civil service. In recognition of the possibility that VA may issue a recoupment order for relocation expenses after an employee has left the VA, for example through transfer to another agency, resignation from Federal service, removal, or retirement from Federal service, former VA employees are covered by this appeal process. Specifically, subpart B is limited to appeals filed pursuant to 38 U.S.C. 723 by an “employee” of the VA to the Director of OPM, or designee, regarding an order by the Secretary of the VA, or designee, directing the employee to repay the amount, or a portion of the amount, paid to or on behalf of the employee for relocation expenses under title 5, United States Code, including any expenses under section 5724 or 5724a of title 5, or under title 38, United States Code. OPM's review on appeal is limited to whether the procedures in VA's policies on recoupment of relocation expenses were followed or, in the absence of any such policies, whether the VA's order was otherwise in compliance with 38 U.S.C. 723. As discussed in more detail elsewhere in this rule (see, *e.g.,* discussion regarding § 755.203), OPM believes the statutory timeframes established by Congress suggest that Congress did not intend for OPM to conduct a more fulsome or comprehensive review of the merits concerning the VA's order. Furthermore, as previously discussed in subpart A, Congress did not provide OPM the authority to adjudicate the underlying decisions by the VA regarding any disciplinary or adverse action or any performance-based action. Accordingly, subpart B does not cover appeals regarding any disciplinary or adverse action, or any performance-based action taken by the VA and which can serve as the basis for the Secretary of the VA, or designee, to order recoupment of relocation expenses paid to an employee of the VA. Likewise, OPM will not review any discrimination claim or prohibited personnel practice claim raised in any appeal. Depending on the employee, VA may have multiple legal authorities for addressing misconduct and performance issues such as 5 U.S.C. chapter 75 (Adverse Actions); 5 U.S.C. 4303 (Actions based on unacceptable performance); 5 U.S.C. 3592 (addressing unacceptable performance for SES); and any title 38 authorities for addressing misconduct or unacceptable performance. These statutory authorities have separate appeals or grievance procedures which address any adverse actions or performance-based actions taken by the VA and which may happen to serve as the basis for the Secretary of the VA, or designee, to order recoupment of relocation expenses. Employees may file complaints with the EEOC or OSC, where appropriate. VA employees should consult with their servicing human resources office with questions regarding applicable grievance or appeal rights regarding any disciplinary or adverse action, or performance-based actions that may be taken against an employee. OPM is defining “business days” to mean weekdays, which are Monday through Friday, except when such a day is designated as a Federal holiday by OPM, or the employee's assigned facility or OPM is closed for regular business, *e.g.,* inclement weather, lapse in appropriations. OPM notes that this definition is similar to the definition of “Business Days” outlined in VA's policy regarding the recoupment of relocation expenses but notes that the calculations of business days is slightly different from that established in VA's policy. VA's definition of a business day is based upon the employee's receipt of an order, whereas OPM defines a business day, for the purposes of an appeal to OPM, as beginning on the first business day after the issuance of the order to the employee. OPM's approach to calculating business days mirrors the statutory language in 38 U.S.C. 721(b)(1), promotes consistent use of an objective timeframe, and avoids the risk of presumption of delivery. Section 755.202 Procedures for Submitting Appeals This section describes the procedures for VA employees to follow when submitting an appeal regarding a VA order for recoupment of relocation expenses as provided by 38 U.S.C. 723. An employee may file an appeal to the Director of OPM by U.S. mail or by email, within seven business days after the date of issuance of the order pursuant to 38 U.S.C. 723(a)(3). Like the time limit established for recoupment of awards and bonuses, this time limit is established in law. Appeals which are untimely filed may be dismissed resulting in the VA's decision being upheld. OPM, for good cause shown, may accept an untimely appeal. OPM adopts the approach taken by the Merit Systems Protection Board in *Alonzo* v. *Department of the Air Force,* 4 MSPB 262, 4 M.S.P.R. 180 (1980), in determining whether an employee establishes good cause for the untimely filing of an appeal. If the employee elects to file by the U.S. mail, it must be addressed to Director, U.S. Office of Personnel Management, 1900 E Street, NW, Room 7H28 (Attention: Accountability and Workforce Relations), Washington, DC 20415. OPM will rely upon the postmark to determine timeliness for filing the appeal. If the employee elects to file by email, it must be sent to *employeeaccountability@opm.gov.* OPM will rely upon the date the email was sent to determine timeliness for filing the appeal. The law does not specify the content for any appeal filed with OPM. Therefore, OPM has determined what information OPM needs to adequately consider the appeal. The appeal must be submitted in writing and must be signed by the employee or their representative. OPM is not requiring a specific form be used in filing the appeal, but any appeal must include the specified information for OPM to properly adjudicate the appeal. The written appeal must include

(1)a copy of the notice of proposed order received pursuant to 38 U.S.C. 723(a)(2)(A);

(2)a copy of the employee's response to the proposed order, if any;

(3)a copy of the order received pursuant to 38 U.S.C. 723(a)(3);

(4)a statement explaining why the employee believes the order received pursuant to 38 U.S.C. 723(a)(3) is in error;

(5)the name, mailing address, telephone number, and email address of the employee and their representative if the employee has elected to be represented; and

(6)the name, mailing address, telephone number, and email address of the VA official who issued the order pursuant to 38 U.S.C. 723(a)(3). OPM will notify the VA upon receipt of a complete, timely appeal. The VA must provide OPM a copy of the evidence file relied upon in proposing and deciding its recoupment order as soon as possible but no later than five business days after OPM sends its notice to the VA. For OPM to make an appropriate decision, OPM must have all necessary facts and evidence relied upon by the VA when making its recoupment decision. If necessary, OPM may request VA provide information in addition to the evidence file. For example, OPM may need additional information to address the employee's belief the order by the VA was in error. Any additional information requested by OPM must be provided to OPM within five business days after OPM's request. VA must also furnish a copy of any additional information requested by and provided to OPM to the employee. VA's failure to provide the evidence file or any requested additional information to OPM will result in a finding against the VA. An employee covered by this subpart is entitled to be represented by an attorney or other representative. OPM may disallow as an employee's representative an individual whose activities as representative would cause a conflict of interest or position, or an employee of any agency whose release from their official position would give rise to unreasonable costs or whose priority work assignments preclude their release. This is consistent with other complaint processes regulated by OPM. Finally, like the appeal process for recoupment of awards and bonuses, it is unclear to OPM whether the appeal rights to OPM are the exclusive process for bargaining unit employees to challenge a VA order on recoupment of relocation expenses or whether VA bargaining unit employees may file a grievance under any applicable negotiated grievance procedure which ends in binding arbitration. OPM requests comment on whether bargaining unit employees may use the negotiated grievance process under 5 U.S.C. 7121 to challenge a VA order in lieu of filing an appeal with OPM. OPM also requests comment on whether this determination is impacted by whether the relocation expense was originally paid under title 5 authority or under title 38 authority. Section 755.203 Basis of Appeal Decision The law provides that, upon the issuance of an order by the Secretary, an individual shall have an opportunity to appeal the order to the Director of OPM within seven business days after the date of such issuance. The law further provides that the Director shall make a final decision regarding the appeal within 30 business days after receiving the appeal. Therefore, due to this compressed timeline, OPM has determined the best way to fulfill its obligations to render a timely decision on any appeal is to base the decision on the written record only, which will include the submissions by the employee and the agency. Like the appeal process for recoupment of awards and bonuses, there will be no formal hearing procedures for this appeal. The burden is upon the employee to establish the timeliness of the appeal and to explain why the VA's order is in error under 38 U.S.C. 723. OPM may uphold the VA order if the employee or their designated representative fails to provide required information. As noted previously, OPM will also uphold the VA order if the appeal was untimely filed without good cause shown for the delay. Since Congress did not provide OPM the authority to adjudicate decisions by the VA regarding any disciplinary or adverse action, or any performance-based action, OPM's review of the VA order is limited to whether the procedures in VA's policies on recoupment of relocation expenses 4 pursuant to 38 U.S.C. 723 were followed, or, in the absence of such policies, compliance with the statute. In other words, OPM will not review whether any disciplinary or adverse action, or performance-based action, which may have been relied upon by the VA in its recoupment order was appropriate. OPM will accept the facts found by the VA regarding the disciplinary or adverse action, or performance-based action, which was relied upon by the VA in making its recoupment decision. OPM will not review any discrimination claim or prohibited personnel practice claim raised in any appeal. Employees may file complaints with the EEOC or OSC, where appropriate. 4 See *Id.,* Procedures for Recoupment of Relocation Expenses, Page VI-6. Section 755.204 Form of Appeal Decision Within 30 business days after receiving an appeal, OPM will make a decision on the employee's appeal. OPM will then send a written appeal decision to the employee or to the employee's representative, if any, advising whether the VA order is upheld by OPM. OPM will send the VA a copy of the appeal decision. This time limit is consistent with the statutory requirements. Section 755.205 Finality of Appeal Decision Pursuant to 38 U.S.C. 723(b)(2), the OPM appeal decision is final. There will not be any further administrative review available within OPM, and thus this rule does not establish any process for requests for reconsideration. Like appeals of recoupment of awards and bonuses, the law is silent regarding any statutory right to judicial review of an OPM appeal decision. Accordingly, although OPM will send its appeal decision to the employee, OPM will not provide an accompanying statement of “appeal rights.” OPM requests comment on whether a VA employee may seek judicial review of an OPM final decision. If so, where would judicial review occur? OPM may revise its procedures to address appeals based on comments received. Waiver of Notice of Proposed Rule Making OPM is issuing this rulemaking as an interim final rule because it has determined that, under the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), it would be impracticable to delay a final regulation until a public notice and comment process has been completed. VA finalized its internal policies regarding implementation of the authority to recoup awards, bonuses, and relocation expenses on January 29, 2024. Following the issuance of that policy, VA began using the authority to pursue recoupment actions, which could be appealed to OPM imminently if an order to recoup is issued. Therefore, OPM must be ready to receive and adjudicate appeals from VA employees. As explained in further detail below, OPM was unable to develop procedures until it had a better understanding of what process VA would provide and what record would be available for OPM review. VA finalized its internal policies regarding implementation of the authority to recoup awards, bonuses, and relocation expenses on January 29, 2024. OPM developed this interim final rule after review of VA's policies and procedures, consideration of legal and policy options, and consultation with VA. OPM also believes that waiver of notice and comment is in the public interest. Although OPM has statutory authority to hear appeals, the public is better served to have clear, established procedures that are easily accessible in the Code of Federal Regulations than for OPM to operate under uncodified procedures that could be variable or haphazard pending a final rule. This interim final rule is intended to provide near-term appellants with certainty with respect to the process for appealing a decision of the VA. OPM will seek to finalize this rule with the benefit of public insight as soon as possible. Accordingly, to ensure the regulations accurately reflect the current state of the law and to provide clear procedures for an employee seeking OPM review of a VA recoupment order, OPM finds that good cause exists to waive the general notice of proposed rulemaking pursuant to 5 U.S.C. 553(b)(B). Expeditious issuance of this interim final regulation is required to prevent confusion and promote fairness as VA exercises its statutory authority resulting in appeals to OPM. OPM will promulgate a final rule, reflecting consideration of public comments, as soon as practical after receiving public comments on the interim final rule. In addition to welcoming comment on the provisions codified in this interim final rule, OPM invites comment on a number of additional procedural topics outlined below that OPM could address in the final rule. Waiver of Delay in Effective Date Pursuant to 5 U.S.C. 553(d)(3), OPM finds that good cause exists to waive the 30-day delay in effective date and make these procedural regulations effective in upon publication. The delay in effective date is being waived because the provisions of the law regarding recoupment of bonuses, awards, or relocation expenses ( *see* 38 U.S.C. 721 and 723) became effective upon enactment, June 23, 2017, and the VA finalized its internal procedures regarding this law on January 29, 2024. In crafting this rule, OPM considered the VA's internal procedures, first, to ensure it designed an effective and efficient process for adjudicating appeals given the limited period of time afforded OPM by sections 721(b) and 723(b) to issue a decision. Additionally, OPM's jurisdiction is limited to a review of whether the procedures in VA's policies on recoupment of relocation expenses were followed or, in the absence of any such policies, whether the VA's order was otherwise in compliance with section 721 or 723. To issue a rule before VA established its internal procedures would have been unworkable and may have created inefficiencies that would either delay or rush OPM in reaching a decision; both of which would unnecessarily prejudice VA employees and the VA. OPM also believes that after VA finalized its policy, the VA began exercising its authority under this statute and, if an order to recoup is issued, that OPM could receive an appeal prior to the standard 30-day effective date. A delay in the effective date could result in confusion and inconsistency in how to file an appeal with OPM and the content needed for such an appeal. In the interest of fairness and timely resolution for any VA employee who is subjected to a recoupment order in the near future, it is imperative to give effect to this rule as soon as practicable. Regulatory Impact Analysis A. Statement of Need This interim final rule implements portions of sections 204 and 205 of Public Law 115-41, the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017, which provides VA employees certain appeal rights to the Director of OPM regarding decisions by the VA to recoup awards, bonuses, or relocation expenses. These sections of Public Law 115-41 amend chapter 7 of title 38, United States Code. Under these authorities, OPM is prescribing additional details of the appeal process to provide consistency and transparency. B. Regulatory Alternatives An alternative to this rulemaking is to not issue a regulation or any procedures regarding the appeals process. The law is silent on whether OPM must issue any policies or rules governing the appeals process. However, if OPM does not issue any policies or rules on the appeals process, this likely will result in confusion regarding how OPM will administer the appeals process as the law only outlines the right to appeal to the Director of OPM; the time limit for a VA employee to file an appeal; and a time limit for the Director to issue a decision regarding any appeal. The rule includes procedural protections for both the VA and employees during the appeal process that are not included in the statute that help inform OPM's decision-making and protect against prejudice. We view these risks in the absence of this rule as particularly elevated given the VA's past use of recoupment authority and stated intention to continue its use. Without further clarification of and inclusion of additional procedures OPM, the VA, and VA employees will follow, there will likely be confusion on procedural requirements, less-informed decision-making, and procedural prejudice to the parties. Another alternative is to publish these procedures on OPM's public facing website. This provides some transparency regarding how OPM will administer the process. However, the public and interested stakeholders would not be provided an opportunity to review and provide comments and recommendations regarding the procedures since the procedures would not be published through a rulemaking process. Furthermore, 5 U.S.C. 552(a)(1) requires agencies to publish administrative adjudicatory procedures in the **Federal Register** . Moreover, given that the regulations apply only to VA employees, publishing these procedures on OPM's public facing website may cause confusion for the many non-VA employees who visit OPM's website for information. Finally, another alternative is to publish this as a proposed rule seeking public comment instead of an interim final rule seeking public comment. This would mean the public and interested stakeholders would be provided an opportunity to review and provide comments and recommendations regarding the procedures in the traditional rulemaking process. However, following issuance of its final policy, VA began exercising its authority to recoup awards, bonuses, and relocation expenses. If the VA issues an order to recoup a bonus, award, or relocation expense before any final rule is published, the employee has a right under the law to appeal to the Director of OPM. This means OPM would be obligated to render a decision on any appeal before OPM has finalized and publicized any appeal process. As discussed in greater detail above in the sections on Waiver of Notice of Proposed Rule Making and Waiver of Delay in Effective Date and in the interest of fairness and transparency to all VA employees, OPM believes it is imperative to publish procedures as soon as possible now that VA has finalized its internal policies on these matters. C. Impact OPM is issuing this interim final rule to provide consistency and transparency regarding appeals by VA employees regarding orders by the VA to recoup awards, bonuses, or relocation expenses previously paid to these employees. Congress provided VA employees appeal rights regarding such orders by the VA. OPM's interim final rule provides more clarity regarding this appeal process. It provides VA employees with structure and an explanation of what to expect and provides employees with security that they will receive fair, consistent treatment in the consideration of an appeal. D. Costs The costs associated with the interim final rule are minimal. Most costs of this rule are expected to only impact OPM with some minor costs to the VA as it relates to the appeal process. No other Federal agencies are affected by this rule. We do not believe this rule will substantially increase the ongoing administrative costs to OPM or the VA. We anticipate OPM will leverage existing staff and resources to administer the appeal process. To a lesser extent, we anticipate VA will leverage existing staff and resources to respond to requests from OPM for information regarding decisions by the VA to recoup awards, bonuses, or relocation expenses. For VA employees appealing to OPM, we view the costs imposed upon these employees by this interim rule as minimal and limited to submitting existing information and a statement supporting any appeal. With the above in mind, we estimate this rule will involve such activities as reviewing and analyzing VA employee appeals by OPM subject matter experts; requesting additional information from the VA as necessary; drafting a recommended appeal decision for the OPM Director or designee; meeting between OPM subject matter experts with the OPM Director or designee, if needed, regarding the recommended appeal decision; and taking steps to communicate the appeal decision by the OPM Director or designee to the employee or their representative and the VA. For this cost analysis, the assumed staffing for Federal employees performing the work required by the regulation is one executive; one GS-15, step 5; one GS-14, step 5; and one GS-13, step 5, in the Washington, DC, locality area. The 2024 basic rate of pay for an executive at an agency with a certified SES performance appraisal system is $246,400 annually, or $118.06 per hour. For General Schedule employees in the Washington, DC, locality area, the 2024 pay table rates are $185,824 annually and $89.04 hourly for GS-15, step 5; $157,982 annually and $75.70 hourly for GS-14; and $133,692 annually and $64.06 hourly for GS-13, step 5. We assume that the total dollar value of labor, which includes wages, benefits, and overhead, is equal to 200 percent of the wage rate, resulting in assumed hourly labor costs of $236.13 for an executive; $178.08 for a GS-15, step 5; $151.40 for a GS-14, step 5; and $128.12 for a GS-13, step 5. While OPM has no baseline data to estimate how many appeals will be filed with OPM, OPM is estimating that each appeal received will require an average of 40 hours of work by employees with an average hourly cost of $173.43. This would result in estimated costs of about $6,937.20 for OPM for each appeal filed with OPM. As already noted, the VA will provide OPM a copy of the evidence file for the appeal process. OPM anticipates a negligible cost to the VA for providing the requested file. While VA may incur some costs regarding decisions it makes regarding recoupment of awards, bonuses, or relocation expenses, such matters are not covered by this interim final rule and are covered by VA policies. Finally, the costs to VA employees appealing an order will be limited to the submission of the required information necessary for processing an appeal. All required information of an appeal is limited and readily available to the employee as nearly all of the required information is provided to the employee by VA or previously submitted by the employee to the VA. The only new information required of the employee is a statement supporting an appeal to OPM which we anticipate repeats much of the information previously provided to VA and which is required to be submitted as part of any appeal. E. Benefits This interim final rule will benefit VA employees. This interim rule will provide consistency and transparency regarding the procedures OPM will follow when processing appeals by VA employees regarding decisions by the VA regarding recoupment of awards, bonuses, or relocations expenses. This final rule provides clarity regarding the procedural protections Congress has provided VA employees on such matters. F. Request for Comment In addition to the questions posed in the description of the procedural regulations (repeated below) and given the unique nature of OPM's responsibility for adjudicating employee appeals on matters unique to only one Federal agency, OPM requests comments on the implementation and impact of this interim final rule. The types of information on which OPM is interested in public comments includes, but is not limited to, the following: • If a disciplinary or adverse action, or performance-based action, relied upon by the VA in recoupment of an award, bonus, or relocation expense is subject to a grievance or appeal in a separate process and the grievance or appeal is still pending, how should this impact any decision by OPM? What if the disciplinary or adverse action, or performance-based action, relied upon by the VA is later overturned in the separate process after any decision by OPM regarding the recoupment by the VA? • May VA bargaining unit employees use the negotiated grievance process under 5 U.S.C. 7121 to challenge a VA recoupment order in lieu of filing an appeal with OPM? Or do 38 U.S.C. 721 and 723 provide the sole method to challenge a VA recoupment order? • Does coverage by the negotiated grievance procedure depend on whether the award or bonus was paid under title 5 authority or by title 38 authority? • May a VA employee seek judicial review of an OPM final decision? If so, where would judicial review occur? • Should OPM publish its appeal decisions and make them publicly available? OPM welcomes comments on the answers to these questions and recommendations regarding whether and how these questions should be addressed in OPM regulations in a final rule. OPM may adopt additional procedures to address these and other issues identified in public comments in a final rule. Executive Orders 14094, 13563 and 12866, Regulatory Review OPM has examined the impact of this rulemaking as required by Executive Orders 12866 (Sept. 30, 1993), 13563 (Jan. 18, 2011), and 14094 (Apr. 6, 2023), which direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public, health, and safety effects, distributive impacts, and equity). A regulatory impact analysis must be prepared for major rules with effects of $200 million or more in any one year. This rulemaking does not reach that threshold but has otherwise been designated as a “significant regulatory action” under section 3(f) of Executive Order 12866, as amended by Executive Order 14094. Regulatory Flexibility Act The Director of OPM certifies that this regulation will not have a significant impact on a substantial number of small entities. Executive Order 13132, Federalism This regulation will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132 (Aug. 10, 1999), it is determined that this interim final rule does not have sufficient federalism implications to warrant preparation of a Federalism Assessment. Executive Order 12988, Civil Justice Reform This regulation meets the applicable standard set forth in Executive Order 12988. Unfunded Mandates Reform Act of 1995 Section 202 of the Unfunded Mandates Reform Act of 1995

(UMRA)requires that agencies assess anticipated costs and benefits before issuing any rule that would impose spending costs on State, local, or Tribal governments in the aggregate, or on the private sector, in any 1 year of $100 million in 1995 dollars, updated annually for inflation. That threshold is currently approximately $183 million. This regulation will not result in the expenditure by State, local, or Tribal governments, in the aggregate, or by the private sector, in excess of the threshold. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Congressional Review Act The Office of Information and Regulatory Affairs in the Office of Management and Budget has determined that this rule does not satisfy the criteria listed in 5 U.S.C. 804(2). Paperwork Reduction Act Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) (PRA), unless the collection of information displays a currently valid Office of Management and Budget

(OMB)Control Number. This rule does not result in a collection of information subject to the PRA. OPM anticipates that the case records would be subject to the Privacy Act and will be covered by the new OPM System of Records Notice

(SORN)“OPM/Internal-29, VA Recoupment and Reduction Appeals to OPM,” which is published elsewhere in this issue of the **Federal Register** . List of Subjects in 5 CFR Part 755 Administrative practices and procedures, Government employees. Kayyonne Marston, Federal Register Liaison. Office of Personnel Management. Accordingly, for the reasons stated in the preamble, OPM adds part 755 to title 5 of the Code of Federal Regulations to read as follows: PART 755—APPEAL PROCEDURES FOR RECOUPMENT OF AWARDS, BONUSES, OR RELOCATION EXPENSES AWARDED OR APPROVED FOR ALL EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS

(VA)Sec. Subpart A—Awards and Bonuses 755.101 Scope of subpart and definitions. 755.102 Procedures for submitting appeals. 755.103 Basis of appeal decision. 755.104 Form of appeal decision. 755.105 Finality of appeal decision. Subpart B—Relocation Expenses 755.201 Scope of subpart and definitions. 755.202 Procedures for submitting appeals. 755.203 Basis of appeal decision. 755.204 Form of appeal decision. 755.205 Finality of appeal decision. Authority: 5 U.S.C. 1103; 38 U.S.C. 721 and 723. Subpart A—Awards and Bonuses Authority: 38 U.S.C. 721. § 755.101 Scope of subpart and definitions.

(a)*Employees covered.* A current or former civil service employee of the Department of Veterans Affairs

(VA)as defined by title 38 of the U.S. Code, or by 5 U.S.C. 2105.

(b)*Appeals covered.* This subpart prescribes general procedures applicable to appeals, pursuant to 38 U.S.C. 721, by a covered employee to the Director of the Office of Personnel Management (OPM), or designee, regarding an order by the Secretary of the VA, or designee, directing the employee to repay the amount, or a portion of the amount, of any award or bonus paid to the employee under title 5 of the U.S. Code, including 5 U.S.C. chapter 45 or 53, or under title 38 of the U.S. Code.

(c)*Appeals not covered.* Any disciplinary or adverse action, or any performance-based action taken by the VA (including any such action that may have served as a basis for the Secretary of the VA, or designee, to order recoupment of an award or bonus paid to an employee of the VA) is not appealable under this subpart. Discrimination claims or prohibited personnel practice claims raised in an appeal are not subject to OPM review.

(d)*Business days.* Weekdays, which are Monday through Friday, except when such a day is designated as a Federal holiday by OPM, or the employee's assigned facility or OPM is closed for regular business, *e.g.,* inclement weather, lapse in appropriations. § 755.102 Procedures for submitting appeals.

(a)*Filing an appeal and time limits.* An employee may file an appeal to the Director, U.S. Office of Personnel Management, 1900 E Street NW, Room 7H28 (Attention: Accountability and Workforce Relations), Washington, DC 20415 or by email to *employeeaccountability@opm.gov,* within seven business days after the date of issuance of the order pursuant to 38 U.S.C. 721(a)(3). OPM, for good cause shown, may accept an untimely appeal.

(b)*Content of appeals.* An appeal must be submitted by the employee in writing and must be signed by the employee or their representative. While no specific form is required, the appeal must include:

(1)A copy of the notice of proposed order received pursuant to 38 U.S.C. 721(a)(2)(A);

(2)A copy of the employee's response to the proposed order, if any;

(3)A copy of the order received pursuant to 38 U.S.C. 721(a)(3);

(4)A statement explaining why the employee believes the order received pursuant to 38 U.S.C. 721(a)(3) is in error;

(5)The name, mailing address, telephone number, and email address of the employee and their representative (if applicable); and

(6)The name, mailing address, telephone number, and email address of the VA official who issued the order pursuant to 38 U.S.C. 721(a)(3).

(c)*VA submission of evidence file.* OPM will notify the VA upon receipt of a complete, timely appeal. The VA must provide OPM a copy of the evidence file as soon as possible but no later than five business days. If necessary, OPM may request VA provide information in addition to the evidence file. Any additional information requested by OPM must be provided to OPM within five business days after OPM's request. VA must also furnish a copy of any additional information requested by and provided to OPM to the employee. VA's failure to provide the evidence file or any requested additional information to OPM will result in a finding against VA.

(d)*Employee representative.* An employee may select a representative of their choice to assist in the preparation and submission of an appeal. An appeal filed by their representative must be supported by a duly executed power of attorney or other written documentation by the employee designating the representative. OPM may disallow as an employee's representative an individual whose activities as representative would cause a conflict of interest or position; an employee of any agency who cannot be released from official duties because of the priority needs of the Government; or an employee of any agency whose release would give rise to unreasonable costs to the Government. § 755.103 Basis of appeal decision. The burden is upon the employee to establish the timeliness of the appeal and to explain why the VA's order is in error. OPM's decision is based upon the written record only, which will include the submissions by the employee and the agency. OPM will accept the facts found by the VA regarding the disciplinary or adverse action, or performance-based action, or other type of finding or action, if any, which was relied upon by the VA in making its recoupment decision. OPM may uphold the VA order if the employee or their designated representative fails to provide requested information. OPM's review of the VA order is limited to whether the procedures in VA's policies on recoupment of awards and bonuses pursuant to 38 U.S.C. 721 were followed. In the absence of such policies, OPM's review is limited to compliance with 38 U.S.C. 721. § 755.104 Form of appeal decision. Within 30 business days after receiving an appeal, OPM will make a decision on the employee's appeal. OPM will then send a written appeal decision to the employee or their representative advising whether the VA order is upheld by OPM. OPM will send the VA a copy of the appeal decision. § 755.105 Finality of appeal decision. Pursuant to 38 U.S.C. 721(b)(2), the OPM appeal decision is final; no further administrative review is available within OPM. Subpart B—Relocation Expenses Authority: 38 U.S.C. 723. § 755.201 Scope of subpart and definitions.

(a)*Employees covered.* A current or former civil service employee of the Department of Veterans Affairs

(VA)as defined by title 38 of the U.S. Code, or by 5 U.S.C. 2105.

(b)*Appeals covered.* This subpart prescribes general procedures applicable to appeals, pursuant to 38 U.S.C. 723, by a covered employee to the Director of the Office of Personnel Management (OPM), or designee, regarding an order by the Secretary of the VA, or designee, directing the employee to repay the amount, or a portion of the amount, paid to or on behalf of an employee for relocation expenses under title 5 of the U.S. Code, including any expenses under 5 U.S.C. 5724 or 5724(a), or under title 38 of the U.S. Code.

(c)*Appeals not covered.* Any disciplinary or adverse action, or any performance-based action taken by the VA (including any such action that may have served as a basis for the Secretary of the VA, or designee, to order repayment of a relocation expense by an employee of the VA) is not appealable under this subpart. Discrimination claims or prohibited personnel practice claims raised in an appeal are not subject to OPM review.

(a)*Filing an appeal and time limits.* An employee may file an appeal to the Director, U.S. Office of Personnel Management, 1900 E Street NW, Room 7H28 (Attention: Accountability and Workforce Relations), Washington, DC 20415 or by email to *employeeaccountability@opm.gov,* within seven business days after the date of issuance of the order pursuant to 38 U.S.C. 723(a)(3). OPM, for good cause shown, may accept an untimely appeal.

(1)A copy of the notice of proposed order received pursuant to 38 U.S.C. 723(a)(2)(A);

(2)A copy of the employee's response to the proposed order, if any;

(3)A copy of the order received pursuant to 38 U.S.C. 723(a)(3);

(4)A statement explaining why the employee believes the order received pursuant to 38 U.S.C. 723(a)(3) is in error;

(5)The name, mailing address, telephone number, and email address of the employee and their representative (if applicable); and

(6)The name, mailing address, telephone number, and email address of the VA official who issued the order pursuant to 38 U.S.C. 723(a)(3).

(c)*VA submission of evidence file.* OPM will notify the VA upon receipt of a complete, timely appeal. The VA must provide OPM a copy of the evidence file-as soon as possible but no later than five business days. If necessary, OPM may request VA provide information in addition to the evidence file. Any additional information requested by OPM must be provided to OPM within five business days after OPM's request. VA must also furnish a copy of any additional information requested by and provided to OPM to the employee. VA's failure to provide the evidence file or any requested additional information to OPM will result in a finding against VA.

(d)*Employee representative.* An employee may select a representative of their choice to assist in the preparation and submission of an appeal. An appeal filed by their representative must be supported by a duly executed power of attorney or other written documentation by the employee designating the representative. OPM may disallow as an employee's representative an individual whose activities as representative would cause a conflict of interest or position; an employee of any agency who cannot be released from official duties because of the priority needs of the Government; or an employee of any agency whose release would give rise to unreasonable costs to the Government. § 755.203 Basis of appeal decision. The burden is upon the employee to establish the timeliness of the appeal and to explain why the VA's order is in error. OPM's decision is based upon the written record only, which will include the submissions by the employee and the agency. OPM will accept the facts found by the VA regarding the disciplinary or adverse action, performance-based action, or other type of finding or action, if any, which was relied upon by the VA in making its recoupment decision. OPM may uphold the VA order if the employee or their designated representative fails to provide requested information. OPM's review of the VA order is limited to whether the procedures in VA's policies on recoupment of relocation expenses pursuant to 38 U.S.C. 723 were followed. In the absence of such policies, OPM's review is limited to compliance with 38 U.S.C. 723. § 755.204 Form of appeal decision. Within 30 business days after receiving an appeal, OPM will make a decision on the employee's appeal. OPM will then send a written appeal decision to the employee or their representative advising whether the VA order is upheld by OPM. OPM will send the agency a copy of the appeal decision. § 755.205 Finality of appeal decision. Pursuant to 38 U.S.C. 723(b)(2), the OPM appeal decision is final; no further administrative review is available within OPM. [FR Doc. 2025-00583 Filed 1-14-25; 8:45 am]

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