82_FR_18091 82 FR 18020 - Notice of Submission for Approval: Questionnaire for Public Trust Positions (SF 85P) and Supplemental Questionnaire for Selected Positions (SF 85P-S)

82 FR 18020 - Notice of Submission for Approval: Questionnaire for Public Trust Positions (SF 85P) and Supplemental Questionnaire for Selected Positions (SF 85P-S)

OFFICE OF PERSONNEL MANAGEMENT

Federal Register Volume 82, Issue 71 (April 14, 2017)

Page Range18020-18023
FR Document2017-07609

The National Background Investigation Bureau (NBIB), U.S. Office of Personnel Management (OPM) is notifying the general public and other Federal agencies that OPM is seeking Office of Management and Budget (OMB) approval of a revised information collection, Questionnaire for Public Trust Positions (SF 85P) and Supplemental Questionnaire for Selected Positions (SF 85P-S).

Federal Register, Volume 82 Issue 71 (Friday, April 14, 2017)
[Federal Register Volume 82, Number 71 (Friday, April 14, 2017)]
[Notices]
[Pages 18020-18023]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07609]


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OFFICE OF PERSONNEL MANAGEMENT


Notice of Submission for Approval: Questionnaire for Public Trust 
Positions (SF 85P) and Supplemental Questionnaire for Selected 
Positions (SF 85P-S)

AGENCY: U.S. Office of Personnel Management.

ACTION: 30-Day notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: The National Background Investigation Bureau (NBIB), U.S. 
Office of Personnel Management (OPM) is notifying the general public 
and other Federal agencies that OPM is seeking Office of Management and 
Budget (OMB) approval of a revised information collection, 
Questionnaire for Public Trust Positions (SF 85P) and Supplemental 
Questionnaire for Selected Positions (SF 85P-S).

DATES: Comments are encouraged and will be accepted until May 15, 2017. 
This process is conducted in accordance with 5 CFR 1320.10.

[[Page 18021]]


ADDRESSES: Interested persons are invited to submit written comments on 
the proposed information collection to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th Street 
NW., Washington, DC 20503, Attention: Desk Officer for the Office of 
Personnel Management or sent via electronic mail to 
[email protected] or faxed to (202) 395-6974.

FOR FURTHER INFORMATION CONTACT:  A copy of this information 
collection, with applicable supporting documentation, may be obtained 
by contacting NBIB, U.S. Office of Personnel Management, 1900 E Street 
NW., Washington, DC 20415, Attention: Donna McLeod or by electronic 
mail at [email protected].

SUPPLEMENTARY INFORMATION: As required by the Paperwork Reduction Act 
of 1995, 44 U.S.C. 3507(a)(1), OPM is providing an additional 30 days 
for public comments. OPM previously solicited comments for this 
collection, with a 60-day public comment period, at 81 FR 16224 (March 
25, 2016).
    This notice announces that OPM has submitted to OMB a request for 
review and clearance of a revised information collection (OMB No. 3206-
0258) Questionnaire for Public Trust Positions (SF 85P) and 
Supplemental Questionnaire for Selected Positions (SF 85P-S). The 
public has an additional 30-day opportunity to comment.
    The SF 85P and SF 85P-S are completed by applicants for, or 
incumbents of, Federal Government civilian positions, or positions in 
private entities performing work for the Federal Government under 
contract. For applicants to Federal positions, the SF 85P and SF 85P-S 
are to be used only after a conditional offer of employment has been 
made. The SF 85P-S is supplemental to the SF 85P and is used only as 
approved by OPM, for certain positions such as those requiring carrying 
of a firearm. Electronic Questionnaires for Investigations Processing 
(e-QIP) is a web-based system application that houses the SF 85P and SF 
85P-S. A variable in assessing burden hours is the nature of the 
electronic application. The electronic application includes branching 
questions and instructions which provide for a tailored collection from 
the respondent based on varying factors in the respondent's personal 
history. The burden on the respondent is reduced when the respondent's 
personal history is not relevant to particular question, since the 
question branches, or expands for additional details, only for those 
persons who have pertinent information to provide regarding that line 
of questioning. Accordingly, the burden on the respondent will vary 
depending on whether the information collection relates to the 
respondent's personal history.
    The 60-day Federal Register Notice was published on March 25, 2016 
(81 FR 16224). Comments were received from the U.S. Postal Inspection 
Service (USPIS), Alcohol, Tobacco and Firearms (ATF HQ-DoJ), an 
individual from VHA Servicing HR Office (VSHO), the National Treasury 
Employees Union (NTEU), and the Electronic Privacy Information Center 
(EPIC).
    A commenter from VSHO provided that initiating background 
investigations after conditional offer of employment led to significant 
delays with onboarding new employees and executing the agency's 
mission. According to the commenter, mandating limits on an agency's 
ability to collect investigative documents within its own timeframes 
can negatively impact the speed of hiring. OPM did not accept the 
recommendation. An agency's internal hiring procedures are established 
by policies for the agency and do not fall under the intended purpose 
of this information collection. Also, the agency should note that in 
accordance with recent changes found in 5 CFR 731.103, a hiring agency 
may not make specific inquiries concerning an applicant's criminal or 
credit background of the sort asked on the OF-306 or other forms used 
to conduct suitability investigations for employment unless the hiring 
agency has made a conditional offer of employment to the applicant. 
Requests for an exception to this requirement must be submitted to the 
Office of Personnel Management, in accordance with the provision of 5 
CFR part 330 subpart M.
    A commenter from USPIS recommended that another authorization 
paragraph be added to the release form to accommodate the IRS tax-payer 
consent requirement needed to search tax-payer records. OPM did not 
accept this comment. IRS has indicated that a separate distinct release 
apart from an authorization form is needed to conduct such record 
searches when necessary and appropriate.
    A commenter from ATF HQ-DoJ submitted a recommendation that the 
Alien Registration Number should be mandatory if applicant indicates 
being a naturalized United States Citizen, a legal permanent resident, 
or a person applying for legal status. OPM did not accept this comment. 
While use of the alien registration number may yield better results for 
confirming citizenship status, it is possible for a person born outside 
of the United States not to have an alien registration number. For this 
reason providing the alien registration number cannot be mandatory. 
Another recommendation from a commenter with ATF HQ-DoJ indicated that 
section13a (Employment Activities-Employment & Unemployment Record) 
should have more detailed instructions when listing employment with the 
same employer but at different locations. OPM acknowledged the need for 
this change as part of the proposed changes identified in the 60 day 
Federal Register notice publication for this collection.
    Comments were received from NTEU and EPIC regarding recent 
activities surrounding the data breach experienced at the U.S. Office 
of Personnel Management. Concerns were expressed regarding OPM's 
ability to secure the information collected from the standard forms. No 
action is taken in reference to the comments because they are outside 
the purpose of this information collection request. OPM notes that 
information has been communicated through many forums regarding work 
underway at OPM and across the government to safeguard personnel 
records and enhance the security and effectiveness of federal 
background investigations. OPM also notes that information regarding 
the cybersecurity incidents is available at www.opm.gov/cybersecurity.
    EPIC commented that OPM's proposal to collect information from 
social media activity as part of the employment background 
investigation raises significant privacy and civil liberty concerns and 
that this information should not be collected as part of the employment 
background investigation. OPM did not accept this comment as it is 
outside the purpose of the information collection request. OPM has 
already determined that background investigations may appropriately 
collect publicly available electronic information, including public 
posts on social media. The change to the information collection request 
is to more explicitly convey to the individual whose consent is 
required in order for OPM to conduct the investigation that the 
investigation may include collection of publicly available electronic 
information.
    EPIC commented on OPM's proposal to revise instructions in section 
21 (Illegal Use of Drugs and Drug Activity) to include the advisement 
that ``the following questions pertain to the illegal use of drugs or 
controlled substances or drug or controlled substance activity not in 
accordance with Federal laws, even though permissible under state 
laws.''

[[Page 18022]]

EPIC claims that 20 states have legalized medical marijuana and that 
requiring individuals to disclose their use of medical marijuana 
implicates significant privacy interests in medical information and 
treatment confidentiality. OPM did not accept this comment because 
knowing or intentional possession of marijuana, even for personal use, 
is illegal under Federal law. Unlawful possession of marijuana, or 
marijuana abuse without evidence of substantial rehabilitation, can 
raise questions about an applicant's or employee's reliability, 
judgment, and trustworthiness or ability or willingness to comply with 
laws, rules, and regulations, thus indicating his or her employment 
might not promote the efficiency or protect the integrity of the 
service. Further, from a credentialing perspective, an agency must 
evaluate whether an applicant's or employee's abuse of drugs may put 
people, property, or information systems at risk.
    However, in response to EPIC's concerns, OPM notes that it recently 
issued government-wide guidance that an individual's marijuana-related 
conduct must be evaluated on a case-by-case basis, and explaining that 
a suitability determination based on unlawful marijuana possession must 
include consideration of the nature and seriousness of the conduct, the 
circumstances surrounding the conduct, and contributing societal 
conditions. In the same guidance OPM reminded Federal agencies of 
responsibilities for appropriate prevention, treatment, and 
rehabilitation programs and services for Federal civilian employees 
with drug problems. See https://www.chcoc.gov/content/federal-laws-and-policies-prohibiting-marijuana-use.
    EPIC also commented that OPM's proposal to revise ``defendant in'' 
to ``party to'' any public record civil court action(s) in section 26 
(Involvement in Non-Criminal Court Actions) could encompass child 
custody disputes and divorce proceedings, and require domestic abuse 
survivors to provide details about restraining orders they have 
obtained and could reveal highly personal and sensitive information 
that is unrelated to employment eligibility. OPM did not accept this 
comment as the collection of information regarding civil and criminal 
records is required for OPM to meet federal investigative standards 
designed to provide relevant information to support adjudication of the 
background investigation.
    The Privacy Act Routine Uses provided on the form were updated to 
conform to the most recent publication of routine uses by OPM.
    Changes were made to the authorization release pages to maintain 
consistency, as applicable, with authorization forms used for 
conducting background investigations.
    OPM added clarifying language to the ``Authorization for Release of 
Information'' to specify that information collected during the 
background investigation may include publicly available social media 
information. OPM also added an explanation that publicly available 
social media information includes any electronic social media 
information that has been published or broadcast for public 
consumption, is available on request to the public, is accessible on-
line to the public, is available to the public by subscription or 
purchase, or is otherwise lawfully accessible to the public. The 
respondent is further advised that consent provided through the 
authorization does not require the respondent to provide passwords; log 
into a private account; or take any action that would disclose non-
publicly available social media information.
    OPM amended the ``Authorization for Release of Information'' to 
include the addition of other entities (Department of Homeland Security 
and the Office of the Director of National Intelligence) that are 
authorized to request criminal record information from criminal justice 
agencies for the purpose of determining the respondent's eligibility 
for assignment to, or retention in, a public trust position. This 
change is in accordance with the recent amendment to 5 U.S.C. 9101.
    OPM added language to the ``Authorization for Release of Medical 
Information Pursuant to the Health Insurance Portability and 
Accountability Act'' to provide explanatory information as to the need 
for information about respondents' mental health conditions, in certain 
circumstances, to assist in assessing suitability for positions of 
public trust with the Federal government. The release was also amended 
to inform the respondent that (1) should the respondent seek to revoke 
the authorization, the respondent should write to the respondent's 
health care provider or entity, and (2) revocation of the authorization 
would not be effective until received by the respondent's health care 
provider or entity.
    OPM amended the ``Fair Credit Reporting Disclosure and 
Authorization'' to provide additional information regarding the impact 
of a security freeze on the respondent's consumer or credit report file 
on the investigation process. Information regarding the need for the 
respondent's Social Security number was removed as the information was 
duplicative of information already provided in the SF 85P instructions.
    OPM proposes changes to the SF 85P-S, Question 5, ``Your Medical 
Record'' to include re-titling to ``Psychological and Emotional 
Health.'' The new section will clarify support for mental health 
treatment and encourage pro-active management of mental health 
conditions to support wellness and recovery.
    The proposed revision to the SF 85P-S, Question 5 will inquire as 
to whether a court or administrative agency has ever issued an order 
declaring the respondent mentally incompetent; whether a court or 
administrative agency has ever ordered the respondent to consult with a 
mental health professional; and whether the respondent has ever been 
diagnosed by a physician or other health professional with psychotic 
disorder, schizophrenia, schizoaffective disorder, delusional disorder, 
bipolar mood disorder, borderline personality disorder, or antisocial 
personality disorder. A respondent who answers affirmatively to the 
latter question is asked whether, in the last five years, there have 
been any occasions when the respondent did not consult with a medical 
professional before altering or discontinuing, or failing to start a 
prescribed course of treatment for any of the listed diagnoses. A 
respondent who answers ``no'' to each of the previous questions is 
asked whether the respondent has a mental health or other health 
condition that substantially adversely affects his or her judgment, 
reliability, or trustworthiness even if he or she is not experiencing 
such symptoms today. These questions are necessary to satisfy 
adjudicative decision-making regarding suitability or fitness 
determinations for the population of individuals required to complete 
the SF 85PS. As noted, the SF 85P-S form, and this question, is only 
used for certain public trust positions that pose special risks, such 
as law enforcement positions in which the incumbents are required to 
carry firearms.

Analysis

    Agency: NBIB, U.S. Office of Personnel Management.
    Title: Questionnaire for Public Trust Positions (SF 85P) and 
Supplemental Questionnaire for Selected Positions (SF 85P-S).
    OMB Number: 3206-0258.
    Affected Public: Completed by applicants for, or incumbents of, 
Federal Government civilian positions, or positions in private entities 
performing

[[Page 18023]]

work for the Federal Government under contract.
    Number of Respondents: 112,894 (SF 85P); 11,717 (SF 85P-S).
    Estimated Time per Respondent: 155 minutes (SF 85P); 10 minutes (SF 
85P-S).
    Total Burden Hours: 291,643 (SF 85P); 1,953 (SF 85P-S).

U.S. Office of Personnel Management.
Kathleen M. McGettigan,
Acting Director.
[FR Doc. 2017-07609 Filed 4-13-17; 8:45 am]
 BILLING CODE 6325-53-P



                                                18020                            Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices

                                                NRC will hold a public meeting to                       1–800–397–4209, 301–415–4737, or by                   The PSDAR includes a description of
                                                discuss the PSDAR and DCE and receive                   email to pdr.resource@nrc.gov. The                    the planned decommissioning activities,
                                                comments.                                               ADAMS accession number for each                       a proposed schedule for their
                                                DATES: Submit comments by July 7,                       document referenced (if that document                 accomplishment, the site-specific DCE
                                                2017. Comments received after this date                 is available in ADAMS) is provided the                (submitted concurrently), and a
                                                will be considered if it is practical to do             first time that document is mentioned in              discussion that provides the basis for
                                                so, but the NRC is able to ensure                       this document.                                        concluding that the environmental
                                                consideration only for comments                            • NRC’s PDR: You may examine and                   impacts associated with the site-specific
                                                received before this date.                              purchase copies of public documents at                decommissioning activities will be
                                                                                                        the NRC’s PDR, Room O1–F21, One                       bounded by appropriate, previously
                                                ADDRESSES: You may submit comments
                                                                                                        White Flint North, 11555 Rockville                    issued generic and plant-specific
                                                by any of the following methods (unless                 Pike, Rockville, Maryland 20852.                      environmental impact statements.
                                                this document describes a different
                                                method for submitting comments on a                     B. Submitting Comments                                III. Request for Comment and Public
                                                specific subject):                                        Please include Docket ID NRC–2017–                  Meeting
                                                  • Federal Rulemaking Web site: Go to                  0099 in your comment submission.                         The NRC is requesting public
                                                http://www.regulations.gov and search                     The NRC cautions you not to include                 comments on the PSDAR and DCE for
                                                for Docket ID NRC–2017–0099. Address                    identifying or contact information that               FCS. The NRC will conduct a public
                                                questions about NRC dockets to Carol                    you do not want to be publicly                        meeting to discuss the PSDAR and DCE
                                                Gallagher; telephone: 301–415–3463;                     disclosed in your comment submission.                 and receive comments on Wednesday,
                                                email: Carol.Gallagher@nrc.gov. For                     The NRC posts all comment                             May 31, 2017, from 6 p.m. until 9 p.m.,
                                                technical questions, contact the                        submissions at http://                                CDT, at the Double Tree Hotel, 1616
                                                individual listed in the FOR FURTHER                    www.regulations.gov as well as entering               Dodge Street, Omaha, Nebraska 68102.
                                                INFORMATION CONTACT section of this                     the comment submissions into ADAMS.                   The NRC requests that comments that
                                                document.                                               The NRC does not routinely edit                       are not provided during the meeting be
                                                  • Mail comments to: Cindy Bladey,                     comment submissions to remove                         submitted as noted in section I.,
                                                Office of Administration, Mail Stop:                    identifying or contact information.                   ‘‘Obtaining Information and Submitting
                                                OWFN–12–H08, U.S. Nuclear                                 If you are requesting or aggregating                Comments’’ of this document in writing
                                                Regulatory Commission, Washington,                      comments from other persons for                       by July 7, 2017.
                                                DC 20555–0001.                                          submission to the NRC, then you should                  Dated at Rockville, Maryland, this 7th day
                                                  For additional direction on obtaining                 inform those persons not to include                   of April 2017.
                                                information and submitting comments,                    identifying or contact information that                 For the Nuclear Regulatory Commission.
                                                see ‘‘Obtaining Information and                         they do not want to be publicly                       Douglas A. Broaddus,
                                                Submitting Comments’’ in the                            disclosed in their comment submission.
                                                                                                                                                              Chief, Special Projects and Process Branch,
                                                SUPPLEMENTARY INFORMATION section of                    Your request should state that the NRC                Division of Operating Reactor Licensing,
                                                this document.                                          does not routinely edit comment                       Office of Nuclear Reactor Regulation.
                                                FOR FURTHER INFORMATION CONTACT:                        submissions to remove such information                [FR Doc. 2017–07603 Filed 4–13–17; 8:45 am]
                                                James Kim, Office of Nuclear Reactor                    before making the comment
                                                                                                                                                              BILLING CODE 7590–01–P
                                                Regulation, U.S. Nuclear Regulatory                     submissions available to the public or
                                                Commission, Washington DC 20555–                        entering the comment submissions into
                                                0001, telephone: 301–415–4125; email:                   ADAMS.
                                                                                                                                                              OFFICE OF PERSONNEL
                                                James.Kim@nrc.gov.                                      II. Discussion                                        MANAGEMENT
                                                SUPPLEMENTARY INFORMATION:
                                                                                                           Omaha Public Power District is the
                                                                                                                                                              Notice of Submission for Approval:
                                                I. Obtaining Information and                            holder of Renewed Facility Operating
                                                                                                                                                              Questionnaire for Public Trust
                                                Submitting Comments                                     License No. DPR–40 for FCS. The
                                                                                                                                                              Positions (SF 85P) and Supplemental
                                                                                                        license provides, among other things,
                                                A. Obtaining Information                                                                                      Questionnaire for Selected Positions
                                                                                                        that the facility is subject to all rules,
                                                   Please refer to Docket ID NRC–2017–                                                                        (SF 85P–S)
                                                                                                        regulations, and orders of the NRC now
                                                0099 when contacting the NRC about                      or hereafter in effect. The facility                  AGENCY:  U.S. Office of Personnel
                                                the availability of information for this                consists of one pressurized-water                     Management.
                                                action. You may obtain publicly-                        reactor located in Washington County,                 ACTION: 30-Day notice and request for
                                                available information related to this                   Nebraska. By letter dated August 25,                  comments.
                                                action by any of the following methods:                 2016 (ADAMS Accession No.
                                                   • Federal Rulemaking Web site: Go to                 ML16242A127), OPPD submitted a                        SUMMARY:   The National Background
                                                http://www.regulations.gov and search                   certification to the NRC indicating it                Investigation Bureau (NBIB), U.S. Office
                                                for Docket ID NRC–2017–0099.                            would permanently cease power                         of Personnel Management (OPM) is
                                                   • NRC’s Agencywide Documents                         operations at FCS on October 24, 2016.                notifying the general public and other
                                                Access and Management System                            On October 24, 2016, OPPD                             Federal agencies that OPM is seeking
                                                (ADAMS): You may obtain publicly-                       permanently ceased power operation at                 Office of Management and Budget
                                                available documents online in the                       FCS. On November 13, 2016 (ADAMS                      (OMB) approval of a revised information
                                                ADAMS Public Documents collection at                                                                          collection, Questionnaire for Public
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        Accession No. ML16319A254), OPPD
                                                http://www.nrc.gov/reading-rm/                          certified that it had permanently                     Trust Positions (SF 85P) and
                                                adams.html. To begin the search, select                 defueled the FCS reactor vessel.                      Supplemental Questionnaire for
                                                ‘‘ADAMS Public Documents’’ and then                        On March 30, 2017, OPPD submitted                  Selected Positions (SF 85P–S).
                                                select ‘‘Begin Web-based ADAMS                          the PSDAR and DCE for FCS in                          DATES: Comments are encouraged and
                                                Search.’’ For problems with ADAMS,                      accordance with § 50.82(a)(4)(i) of title             will be accepted until May 15, 2017.
                                                please contact the NRC’s Public                         10 of the Code of Federal Regulations                 This process is conducted in accordance
                                                Document Room (PDR) reference staff at                  (ADAMS Accession No. ML17089A759).                    with 5 CFR 1320.10.


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                                                                                 Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices                                          18021

                                                ADDRESSES:   Interested persons are                     pertinent information to provide                      status, it is possible for a person born
                                                invited to submit written comments on                   regarding that line of questioning.                   outside of the United States not to have
                                                the proposed information collection to                  Accordingly, the burden on the                        an alien registration number. For this
                                                the Office of Information and Regulatory                respondent will vary depending on                     reason providing the alien registration
                                                Affairs, Office of Management and                       whether the information collection                    number cannot be mandatory. Another
                                                Budget, 725 17th Street NW.,                            relates to the respondent’s personal                  recommendation from a commenter
                                                Washington, DC 20503, Attention: Desk                   history.                                              with ATF HQ–DoJ indicated that
                                                Officer for the Office of Personnel                        The 60-day Federal Register Notice                 section13a (Employment Activities-
                                                Management or sent via electronic mail                  was published on March 25, 2016 (81                   Employment & Unemployment Record)
                                                to oira_submission@omb.eop.gov or                       FR 16224). Comments were received                     should have more detailed instructions
                                                faxed to (202) 395–6974.                                from the U.S. Postal Inspection Service               when listing employment with the same
                                                FOR FURTHER INFORMATION CONTACT: A                      (USPIS), Alcohol, Tobacco and Firearms                employer but at different locations.
                                                copy of this information collection, with               (ATF HQ–DoJ), an individual from VHA                  OPM acknowledged the need for this
                                                applicable supporting documentation,                    Servicing HR Office (VSHO), the                       change as part of the proposed changes
                                                may be obtained by contacting NBIB,                     National Treasury Employees Union                     identified in the 60 day Federal Register
                                                U.S. Office of Personnel Management,                    (NTEU), and the Electronic Privacy                    notice publication for this collection.
                                                1900 E Street NW., Washington, DC                       Information Center (EPIC).                               Comments were received from NTEU
                                                                                                           A commenter from VSHO provided                     and EPIC regarding recent activities
                                                20415, Attention: Donna McLeod or by
                                                                                                        that initiating background investigations             surrounding the data breach
                                                electronic mail at FISFormsComments@
                                                                                                        after conditional offer of employment                 experienced at the U.S. Office of
                                                opm.gov.
                                                                                                        led to significant delays with                        Personnel Management. Concerns were
                                                SUPPLEMENTARY INFORMATION: As                           onboarding new employees and                          expressed regarding OPM’s ability to
                                                required by the Paperwork Reduction                     executing the agency’s mission.                       secure the information collected from
                                                Act of 1995, 44 U.S.C. 3507(a)(1), OPM                  According to the commenter, mandating                 the standard forms. No action is taken
                                                is providing an additional 30 days for                  limits on an agency’s ability to collect              in reference to the comments because
                                                public comments. OPM previously                         investigative documents within its own                they are outside the purpose of this
                                                solicited comments for this collection,                 timeframes can negatively impact the                  information collection request. OPM
                                                with a 60-day public comment period,                    speed of hiring. OPM did not accept the               notes that information has been
                                                at 81 FR 16224 (March 25, 2016).                        recommendation. An agency’s internal                  communicated through many forums
                                                   This notice announces that OPM has                   hiring procedures are established by                  regarding work underway at OPM and
                                                submitted to OMB a request for review                   policies for the agency and do not fall               across the government to safeguard
                                                and clearance of a revised information                  under the intended purpose of this                    personnel records and enhance the
                                                collection (OMB No. 3206–0258)                          information collection. Also, the agency              security and effectiveness of federal
                                                Questionnaire for Public Trust Positions                should note that in accordance with                   background investigations. OPM also
                                                (SF 85P) and Supplemental                               recent changes found in 5 CFR 731.103,                notes that information regarding the
                                                Questionnaire for Selected Positions (SF                a hiring agency may not make specific                 cybersecurity incidents is available at
                                                85P–S). The public has an additional                    inquiries concerning an applicant’s                   www.opm.gov/cybersecurity.
                                                30-day opportunity to comment.                          criminal or credit background of the sort                EPIC commented that OPM’s proposal
                                                   The SF 85P and SF 85P–S are                          asked on the OF–306 or other forms                    to collect information from social media
                                                completed by applicants for, or                         used to conduct suitability                           activity as part of the employment
                                                incumbents of, Federal Government                       investigations for employment unless                  background investigation raises
                                                civilian positions, or positions in                     the hiring agency has made a                          significant privacy and civil liberty
                                                private entities performing work for the                conditional offer of employment to the                concerns and that this information
                                                Federal Government under contract. For                  applicant. Requests for an exception to               should not be collected as part of the
                                                applicants to Federal positions, the SF                 this requirement must be submitted to                 employment background investigation.
                                                85P and SF 85P–S are to be used only                    the Office of Personnel Management, in                OPM did not accept this comment as it
                                                after a conditional offer of employment                 accordance with the provision of 5 CFR                is outside the purpose of the
                                                has been made. The SF 85P–S is                          part 330 subpart M.                                   information collection request. OPM has
                                                supplemental to the SF 85P and is used                     A commenter from USPIS                             already determined that background
                                                only as approved by OPM, for certain                    recommended that another                              investigations may appropriately collect
                                                positions such as those requiring                       authorization paragraph be added to the               publicly available electronic
                                                carrying of a firearm. Electronic                       release form to accommodate the IRS                   information, including public posts on
                                                Questionnaires for Investigations                       tax-payer consent requirement needed                  social media. The change to the
                                                Processing (e-QIP) is a web-based                       to search tax-payer records. OPM did                  information collection request is to
                                                system application that houses the SF                   not accept this comment. IRS has                      more explicitly convey to the individual
                                                85P and SF 85P–S. A variable in                         indicated that a separate distinct release            whose consent is required in order for
                                                assessing burden hours is the nature of                 apart from an authorization form is                   OPM to conduct the investigation that
                                                the electronic application. The                         needed to conduct such record searches                the investigation may include collection
                                                electronic application includes                         when necessary and appropriate.                       of publicly available electronic
                                                branching questions and instructions                       A commenter from ATF HQ–DoJ                        information.
                                                which provide for a tailored collection                 submitted a recommendation that the                      EPIC commented on OPM’s proposal
                                                from the respondent based on varying                    Alien Registration Number should be                   to revise instructions in section 21
sradovich on DSK3GMQ082PROD with NOTICES




                                                factors in the respondent’s personal                    mandatory if applicant indicates being a              (Illegal Use of Drugs and Drug Activity)
                                                history. The burden on the respondent                   naturalized United States Citizen, a                  to include the advisement that ‘‘the
                                                is reduced when the respondent’s                        legal permanent resident, or a person                 following questions pertain to the illegal
                                                personal history is not relevant to                     applying for legal status. OPM did not                use of drugs or controlled substances or
                                                particular question, since the question                 accept this comment. While use of the                 drug or controlled substance activity not
                                                branches, or expands for additional                     alien registration number may yield                   in accordance with Federal laws, even
                                                details, only for those persons who have                better results for confirming citizenship             though permissible under state laws.’’


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                                                18022                            Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices

                                                EPIC claims that 20 states have legalized                  Changes were made to the                           Social Security number was removed as
                                                medical marijuana and that requiring                    authorization release pages to maintain               the information was duplicative of
                                                individuals to disclose their use of                    consistency, as applicable, with                      information already provided in the SF
                                                medical marijuana implicates                            authorization forms used for conducting               85P instructions.
                                                significant privacy interests in medical                background investigations.                               OPM proposes changes to the SF 85P–
                                                information and treatment                                  OPM added clarifying language to the               S, Question 5, ‘‘Your Medical Record’’
                                                confidentiality. OPM did not accept this                ‘‘Authorization for Release of                        to include re-titling to ‘‘Psychological
                                                comment because knowing or                              Information’’ to specify that information             and Emotional Health.’’ The new
                                                intentional possession of marijuana,                    collected during the background                       section will clarify support for mental
                                                even for personal use, is illegal under                 investigation may include publicly                    health treatment and encourage pro-
                                                Federal law. Unlawful possession of                     available social media information.                   active management of mental health
                                                marijuana, or marijuana abuse without                   OPM also added an explanation that                    conditions to support wellness and
                                                evidence of substantial rehabilitation,                 publicly available social media                       recovery.
                                                can raise questions about an applicant’s                information includes any electronic                      The proposed revision to the SF 85P–
                                                or employee’s reliability, judgment, and                social media information that has been                S, Question 5 will inquire as to whether
                                                trustworthiness or ability or willingness               published or broadcast for public                     a court or administrative agency has
                                                to comply with laws, rules, and                         consumption, is available on request to               ever issued an order declaring the
                                                regulations, thus indicating his or her                 the public, is accessible on-line to the              respondent mentally incompetent;
                                                employment might not promote the                        public, is available to the public by                 whether a court or administrative
                                                efficiency or protect the integrity of the              subscription or purchase, or is                       agency has ever ordered the respondent
                                                service. Further, from a credentialing                  otherwise lawfully accessible to the                  to consult with a mental health
                                                perspective, an agency must evaluate                    public. The respondent is further                     professional; and whether the
                                                whether an applicant’s or employee’s                    advised that consent provided through                 respondent has ever been diagnosed by
                                                abuse of drugs may put people,                          the authorization does not require the                a physician or other health professional
                                                property, or information systems at risk.               respondent to provide passwords; log                  with psychotic disorder, schizophrenia,
                                                   However, in response to EPIC’s                       into a private account; or take any                   schizoaffective disorder, delusional
                                                concerns, OPM notes that it recently                    action that would disclose non-publicly               disorder, bipolar mood disorder,
                                                issued government-wide guidance that                    available social media information.                   borderline personality disorder, or
                                                                                                           OPM amended the ‘‘Authorization for                antisocial personality disorder. A
                                                an individual’s marijuana-related
                                                                                                        Release of Information’’ to include the               respondent who answers affirmatively
                                                conduct must be evaluated on a case-by-
                                                                                                        addition of other entities (Department of             to the latter question is asked whether,
                                                case basis, and explaining that a
                                                                                                        Homeland Security and the Office of the               in the last five years, there have been
                                                suitability determination based on
                                                                                                        Director of National Intelligence) that               any occasions when the respondent did
                                                unlawful marijuana possession must
                                                                                                        are authorized to request criminal                    not consult with a medical professional
                                                include consideration of the nature and                 record information from criminal justice
                                                seriousness of the conduct, the                                                                               before altering or discontinuing, or
                                                                                                        agencies for the purpose of determining               failing to start a prescribed course of
                                                circumstances surrounding the conduct,                  the respondent’s eligibility for
                                                and contributing societal conditions. In                                                                      treatment for any of the listed diagnoses.
                                                                                                        assignment to, or retention in, a public              A respondent who answers ‘‘no’’ to each
                                                the same guidance OPM reminded                          trust position. This change is in
                                                Federal agencies of responsibilities for                                                                      of the previous questions is asked
                                                                                                        accordance with the recent amendment                  whether the respondent has a mental
                                                appropriate prevention, treatment, and                  to 5 U.S.C. 9101.
                                                rehabilitation programs and services for                                                                      health or other health condition that
                                                                                                           OPM added language to the                          substantially adversely affects his or her
                                                Federal civilian employees with drug                    ‘‘Authorization for Release of Medical
                                                problems. See https://www.chcoc.gov/                                                                          judgment, reliability, or trustworthiness
                                                                                                        Information Pursuant to the Health                    even if he or she is not experiencing
                                                content/federal-laws-and-policies-                      Insurance Portability and
                                                prohibiting-marijuana-use.                                                                                    such symptoms today. These questions
                                                                                                        Accountability Act’’ to provide                       are necessary to satisfy adjudicative
                                                   EPIC also commented that OPM’s                       explanatory information as to the need                decision-making regarding suitability or
                                                proposal to revise ‘‘defendant in’’ to                  for information about respondents’                    fitness determinations for the
                                                ‘‘party to’’ any public record civil court              mental health conditions, in certain                  population of individuals required to
                                                action(s) in section 26 (Involvement in                 circumstances, to assist in assessing                 complete the SF 85PS. As noted, the SF
                                                Non-Criminal Court Actions) could                       suitability for positions of public trust             85P–S form, and this question, is only
                                                encompass child custody disputes and                    with the Federal government. The                      used for certain public trust positions
                                                divorce proceedings, and require                        release was also amended to inform the                that pose special risks, such as law
                                                domestic abuse survivors to provide                     respondent that (1) should the                        enforcement positions in which the
                                                details about restraining orders they                   respondent seek to revoke the                         incumbents are required to carry
                                                have obtained and could reveal highly                   authorization, the respondent should                  firearms.
                                                personal and sensitive information that                 write to the respondent’s health care
                                                is unrelated to employment eligibility.                 provider or entity, and (2) revocation of             Analysis
                                                OPM did not accept this comment as the                  the authorization would not be effective                Agency: NBIB, U.S. Office of
                                                collection of information regarding civil               until received by the respondent’s                    Personnel Management.
                                                and criminal records is required for                    health care provider or entity.                         Title: Questionnaire for Public Trust
                                                OPM to meet federal investigative                          OPM amended the ‘‘Fair Credit
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                                                                                                                                                              Positions (SF 85P) and Supplemental
                                                standards designed to provide relevant                  Reporting Disclosure and                              Questionnaire for Selected Positions (SF
                                                information to support adjudication of                  Authorization’’ to provide additional                 85P–S).
                                                the background investigation.                           information regarding the impact of a                   OMB Number: 3206–0258.
                                                   The Privacy Act Routine Uses                         security freeze on the respondent’s                     Affected Public: Completed by
                                                provided on the form were updated to                    consumer or credit report file on the                 applicants for, or incumbents of, Federal
                                                conform to the most recent publication                  investigation process. Information                    Government civilian positions, or
                                                of routine uses by OPM.                                 regarding the need for the respondent’s               positions in private entities performing


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                                                                                 Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices                                                18023

                                                work for the Federal Government under                     Section II identifies the docket                    United States Postal Service to Add
                                                contract.                                               number(s) associated with each Postal                 Priority Mail Contract 307 to
                                                  Number of Respondents: 112,894 (SF                    Service request, the title of each Postal             Competitive Product List and Notice of
                                                85P); 11,717 (SF 85P–S).                                Service request, the request’s acceptance             Filing (Under Seal) of Unredacted
                                                  Estimated Time per Respondent: 155                    date, and the authority cited by the                  Governors’ Decision, Contract, and
                                                minutes (SF 85P); 10 minutes (SF 85P–                   Postal Service for each request. For each             Supporting Data; Filing Acceptance
                                                S).                                                     request, the Commission appoints an                   Date: April 10, 2017; Filing Authority:
                                                  Total Burden Hours: 291,643 (SF                       officer of the Commission to represent                39 U.S.C. 3642 and 39 CFR 3020.30 et
                                                85P); 1,953 (SF 85P–S).                                 the interests of the general public in the            seq.; Public Representative: Katalin K.
                                                U.S. Office of Personnel Management.                    proceeding, pursuant to 39 U.S.C. 505                 Clendenin; Comments Due: April 18,
                                                                                                        (Public Representative). Section II also              2017.
                                                Kathleen M. McGettigan,
                                                                                                        establishes comment deadline(s)                         4. Docket No(s).: MC2017–113 and
                                                Acting Director.                                        pertaining to each request.                           CP2017–161; Filing Title: Request of the
                                                [FR Doc. 2017–07609 Filed 4–13–17; 8:45 am]               The public portions of the Postal                   United States Postal Service to Add
                                                BILLING CODE 6325–53–P                                  Service’s request(s) can be accessed via              Priority Mail Express & Priority Mail
                                                                                                        the Commission’s Web site (http://                    Contract 45 to Competitive Product List
                                                                                                        www.prc.gov). Non-public portions of                  and Notice of Filing (Under Seal) of
                                                POSTAL REGULATORY COMMISSION                            the Postal Service’s request(s), if any,              Unredacted Governors’ Decision,
                                                                                                        can be accessed through compliance                    Contract, and Supporting Data; Filing
                                                [Docket Nos. MC2017–110 and CP2017–158,
                                                MC2017–111 and CP2017–159, MC2017–112
                                                                                                        with the requirements of 39 CFR                       Acceptance Date: April 10, 2017; Filing
                                                and CP2017–160, MC2017–113, and                         3007.40.                                              Authority: 39 U.S.C. 3642 and 39 CFR
                                                CP2017–161]                                               The Commission invites comments on                  3020.30 et seq.; Public Representative:
                                                                                                        whether the Postal Service’s request(s)               Katalin K. Clendenin; Comments Due:
                                                New Postal Products                                     in the captioned docket(s) are consistent             April 18, 2017.
                                                                                                        with the policies of title 39. For                      This notice will be published in the
                                                AGENCY:   Postal Regulatory Commission.                 request(s) that the Postal Service states             Federal Register.
                                                ACTION:   Notice.                                       concern market dominant product(s),
                                                                                                        applicable statutory and regulatory                   Stacy L. Ruble,
                                                SUMMARY:   The Commission is noticing a                 requirements include 39 U.S.C. 3622, 39               Secretary.
                                                recent Postal Service filing for the                    U.S.C. 3642, 39 CFR part 3010, and 39                 [FR Doc. 2017–07563 Filed 4–13–17; 8:45 am]
                                                Commission’s consideration concerning                   CFR part 3020, subpart B. For request(s)              BILLING CODE 7710–FW–P
                                                a negotiated service agreement. This                    that the Postal Service states concern
                                                notice informs the public of the filing,                competitive product(s), applicable
                                                invites public comment, and takes other                 statutory and regulatory requirements
                                                administrative steps.                                                                                         SECURITIES AND EXCHANGE
                                                                                                        include 39 U.S.C. 3632, 39 U.S.C. 3633,               COMMISSION
                                                DATES: Comments are due: April 18,                      39 U.S.C. 3642, 39 CFR part 3015, and
                                                2017.                                                   39 CFR part 3020, subpart B. Comment                  [Release No. IC–32597; File No. 812–14548–
                                                                                                        deadline(s) for each request appear in                05]
                                                ADDRESSES:   Submit comments
                                                electronically via the Commission’s                     section II.
                                                                                                                                                              Excelsior Private Markets Fund II
                                                Filing Online system at http://                         II. Docketed Proceeding(s)                            (Master), LLC, et al.
                                                www.prc.gov. Those who cannot submit
                                                                                                           1. Docket No(s).: MC2017–110 and                   April 10, 2017.
                                                comments electronically should contact
                                                                                                        CP2017–158; Filing Title: Request of the
                                                the person identified in the FOR FURTHER                                                                      AGENCY: Securities and Exchange
                                                                                                        United States Postal Service to Add
                                                INFORMATION CONTACT section by                                                                                Commission (‘‘Commission’’).
                                                                                                        Priority Mail Contract 305 to
                                                telephone for advice on filing                                                                                ACTION: Notice.
                                                                                                        Competitive Product List and Notice of
                                                alternatives.
                                                                                                        Filing (Under Seal) of Unredacted                        Notice of application for an order
                                                FOR FURTHER INFORMATION CONTACT:                        Governors’ Decision, Contract, and                    under section 17(d) of the Investment
                                                David A. Trissell, General Counsel, at                  Supporting Data; Filing Acceptance                    Company Act of 1940 (the ‘‘Act’’) and
                                                202–789–6820.                                           Date: April 10, 2017; Filing Authority:               rule 17d–1 under the Act to permit
                                                SUPPLEMENTARY INFORMATION:                              39 U.S.C. 3642 and 39 CFR 3020.30 et                  certain joint transactions otherwise
                                                                                                        seq.; Public Representative: Max E.                   prohibited by section 17(d) of the Act
                                                Table of Contents                                       Schnidman; Comments Due: April 18,                    and rule 17d–1 under the Act.
                                                I. Introduction                                         2017.
                                                II. Docketed Proceeding(s)                                 2. Docket No(s).: MC2017–111 and                   SUMMARY OF APPLICATION: Applicants
                                                                                                        CP2017–159; Filing Title: Request of the              request an order to permit certain
                                                I. Introduction                                                                                               closed-end management investment
                                                                                                        United States Postal Service to Add
                                                   The Commission gives notice that the                 Priority Mail Contract 306 to                         companies to co-invest in portfolio
                                                Postal Service filed request(s) for the                 Competitive Product List and Notice of                companies with each other and with
                                                Commission to consider matters related                  Filing (Under Seal) of Unredacted                     affiliated investment funds.
                                                to negotiated service agreement(s). The                 Governors’ Decision, Contract, and                    APPLICANTS: Excelsior Private Markets
                                                request(s) may propose the addition or                                                                        Fund II (Master), LLC (‘‘Excelsior
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                                                                                                        Supporting Data; Filing Acceptance
                                                removal of a negotiated service                         Date: April 10, 2017; Filing Authority:               Private Markets II’’); Excelsior Private
                                                agreement from the market dominant or                   39 U.S.C. 3642 and 39 CFR 3020.30 et                  Markets Fund III (Master), LLC
                                                the competitive product list, or the                    seq.; Public Representative: Max E.                   (‘‘Excelsior Private Markets III’’); NB
                                                modification of an existing product                     Schnidman; Comments Due: April 18,                    Crossroads Private Markets Fund IV
                                                currently appearing on the market                       2017.                                                 Holdings LLC (‘‘NB Crossroads’’); UST
                                                dominant or the competitive product                        3. Docket No(s).: MC2017–112 and                   Global Private Markets Fund, LLC
                                                list.                                                   CP2017–160; Filing Title: Request of the              (‘‘UST Global’’); Excelsior Venture


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Document Created: 2017-04-14 00:56:37
Document Modified: 2017-04-14 00:56:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
Action30-Day notice and request for comments.
DatesComments are encouraged and will be accepted until May 15, 2017. This process is conducted in accordance with 5 CFR 1320.10.
ContactA copy of this information collection, with applicable supporting documentation, may be obtained by contacting NBIB, U.S. Office of Personnel Management, 1900 E Street NW., Washington, DC 20415, Attention: Donna McLeod or by electronic mail at [email protected]
FR Citation82 FR 18020 

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