Office of Personnel Management January 2005 – Federal Register Recent Federal Regulation Documents

The Office of Personnel Management is issuing interim regulations to implement a provision of the Federal Workforce Flexibility Act of 2004, which established a new form of compensatory time off for time spent by an employee in a travel status away from the employee's official duty station when such time is not otherwise compensable.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13), this notice announces that the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget a request for clearance of these information collections: Questionnaire for Non-Sensitive Positions, Standard Form 85 (SF 85); Questionnaire for Public Trust Positions, Standard Form 85P (SF 85P); Supplemental Questionnaire for Selected Positions, Standard Form 85P-S (SF 85P-S); Questionnaire for National Security Positions, Standard Form 86 (SF 86); Continuation Sheet for Questionnaires SF 86, 85P, and 85, Standard Form 86A (SF 86A); Certification Statement for SF 86, Standard Form SF 86C (SF 86C); and Parallel, electronic versions of the SF 85, SF 85P, and SF 86, including accompanying releases, housed in a system named e-QIP (Electronic Questionnaires for Investigations Processing) These information collections are completed by applicants for, or incumbents of, Government positions, or positions for the Government under contract, or by military personnel. The collections are used as the basis of information for background investigations to establish that such persons are suitable for: Employment or retention in employment; Employment or retention as contractor; or eligible for: A public trust position; or Employment or retention as a Federal employee, Federal contractor or military personnel in a sensitive or national security position requiring access to classified national security information or special nuclear information or material. When use is necessary, the SF 86A is used in lieu of blank paper as a continuation of the form with which its use is associated and not for any unique purpose exclusive from the associated form. Comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Office of Personnel Management and its Center for Federal Investigative Services, which administers background investigations; Whether our estimate of the public burden of this collection is accurate, and based on valid assumptions and methodology; and Ways in which we can minimize the burden of the collection of information on those who are to respond, through use of the appropriate technological collection techniques or other forms of information technology. Ways in which we can enhance the quality, utility, and clarity of the information to be collected. The SF 85, SF 85P, SF 85P-S, SF 86, SF 86A, and SF 86C are completed by both employees of the Federal Government and individuals not employed with the Federal Government, including Federal contractors, and military personnel. Federal employees are defined as those individuals who are employed as civilian or military personnel with the Federal Government. Non- Federal employees include members of the general public and all individuals employed as Federal and military contractors, or individuals otherwise not directly employed by the Federal Government. It is estimated that 17,000 non-Federal individuals will complete the SF 85 annually. Each form takes approximately 30 minutes to complete. The estimated annual public burden is 8,500 hours. It is estimated that 49,000 non-Federal individuals will complete the SF 85P annually. Each form takes approximately 60 minutes to complete. The estimated annual burden is 49,000 hours. It is estimated that 3,600 non-Federal individuals will complete the SF 85P-S annually. Each form takes approximately 10 minutes to complete. The estimated annual burden is 600 hours. It is estimated that 56,000 non-Federal individuals will complete the SF 86 annually. Each form takes approximately 90 minutes to complete. The estimated annual burden is 84,000 hours. It is estimated that 16,000 non-Federal individuals will complete the SF 86A annually. When this continuation form is used, however, no public burden estimate is provided as it is included with the time computed with the associated security questionnaire. It is estimated that 1,200 non-Federal individuals will complete the SF 86C annually. Each form takes approximately 15 minutes to complete. The estimated annual burden is 300 hours. e-QIP (Electronic Questionnaires for Investigations Processing) is a Web-based system application that houses or will house electronic versions or the SF 86, SF 85P, SF 85P-S, and SF 85. The SF 86 is in full production and the SF 85P, SF 85P-S and SF 85 will be available for full production by early 2005. This Internet data collection tool is used in place ofnot in addition tothe paper versions of these forms. Individuals using the e-QIP versions will enjoy more convenience, faster processing time, and immediate data validation to ensure accuracy of their personal history information. The data requested on these forms is consistent with that requested on their paper counterparts. e-QIP is a newly implemented system, which accounts for approximately 5% of all security forms submitted at this time. As implementation among Federal agencies expands, it is anticipated that the percentage of all security forms processed through e-QIP will exceed 50% by 2006. While e-QIP will significantly enhance the processing of security questionnaires for processing of background investigations, we do not expect an immediate discernable change to the public burden hours from those cited above for identical paper versions of the forms. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, Fax (202) 418-3251, or e-mail at mbtoomey@opm.gov. Please be sure to include a mailing address with your request.

The Office of Personnel Management (OPM) is implementing a Combined Federal Campaign (CFC) pilot program for up to 16 Local Federal Coordinating Committees (LFCC) to allow them to enter into two- year agreements with non-profit organizations to serve as the Principal Combined Fund Organization (PCFO). These agreements would be subject to renewal after the first year, following a review of performance as defined by the CFC regulations at 5 CFR Part 950, subparts A, D through F, and I. The primary objective of the pilot program is to assess the potential impact of the multi-year agreements in advance of a possible proposal for a permanent amendment to the CFC regulations and nationwide implementation with particular attention on: (a) Potential for costs savings; (b) potential to promote competition; (c) serve as incentive for mergers; and (d) potential need for new regulatory safeguards.

The Office of Personnel Management (OPM) is proposing changes to existing regulations regarding the excepted appointments of persons with mental retardation, severe physical, and psychiatric disabilities. These changes will provide agencies the authority to determine, on a case-by-case basis, whether these individuals can receive an excepted appointment based solely on medical documentation submitted by the applicant. We also propose to consolidate three excepted appointing authorities for persons with the above disabilities into one authority.

The Office of Personnel Management is issuing proposed regulations to amend the rules concerning the determination of official duty station for location-based pay entitlements, compensatory time off for religious observance, hours of work and alternative work schedules, and absence and leave. In addition, the proposed regulations are being issued to aid and support the standardization of pay policies under the e-Payroll initiative. The regulations have been rewritten and, in some instances, reordered to enhance reader understanding.