82 FR 29948 - Notice of Submission for Approval: Questionnaire for Non-Sensitive Positions (SF 85)

OFFICE OF PERSONNEL MANAGEMENT

Federal Register Volume 82, Issue 125 (June 30, 2017)

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 Non-Sensitive Positions, (SF 85).

[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Notices]
[Pages 29948-29950]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13819]


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OFFICE OF PERSONNEL MANAGEMENT


Notice of Submission for Approval: Questionnaire for Non-
Sensitive Positions (SF 85)

AGENCY: U.S. Office of Personnel Management.

ACTION: 60-Day notice and request for comments.

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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 Non-Sensitive Positions, (SF 85).

DATES: Comments are encouraged and will be accepted until August 29, 
2017.

[[Page 29949]]


ADDRESSES: Interested persons are invited to submit written comments on 
the proposed information collection to NBIB, U.S. Office of Personnel 
Management, 1900 E Street NW., Washington, DC 20415, Attention: Donna 
McLeod or by electronic mail at [email protected].

FOR FURTHER INFORMATION CONTACT: A copy of this information collection, 
with applicable supporting documentation, may be obtained by contacting 
the 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: OPM is soliciting comments for this 
collection as required by the Paperwork Reduction Act of 1995, 44 
U.S.C. 3507(a)(1). The Office of Management and Budget is particularly 
interested in comments that:
    1. Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    2. Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    3. Enhance the quality, utility, and clarity of the information to 
be collected; and
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submissions of responses.
    Questionnaire for Non-Sensitive Positions, SF 85, including 
accompanying releases, housed in a system named e-QIP (Electronic 
Questionnaires for Investigative Processing), is an information 
collection completed by applicants for, or incumbents of, Federal 
Government civilian positions, and other individuals performing work on 
behalf of the Federal Government and requiring logical and physical 
access to Federal systems and facilities, e.g., pursuant to a 
Government contract. The collection is used by:
     The Federal Government in conducting background 
investigations of persons under consideration for non-sensitive, low-
risk positions as defined in Executive Order 13764 and 5 CFR part 731;
     agencies in determining whether a person performing work 
for or on behalf of the Federal Government should be deemed eligible 
for physical and logical access to federally controlled facilities or 
information systems.
    The SF 85 is completed by applicants for, or incumbents of, Federal 
Government civilian positions, or other individuals requiring logical 
or physical access to perform work on behalf of the Federal Government. 
For applicants, the SF 85 is to be used only after a conditional offer 
of employment has been made, unless OPM has provided an exception. The 
Electronic Questionnaires for Investigations Processing (e-QIP) is a 
web-based system application that houses the SF 85. 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.
    OPM proposes new changes to the SF 85. The instructional portion of 
the form will be modified. OPM will provide additional information 
regarding the investigative process. OPM will remove instructions that 
were needed only for persons completing a paper form, as the form is 
now collected by OPM only through electronic means. The Privacy Act 
Routine Uses provided on the form were updated to conform to the most 
recent publication of the OPM/Central 9 Personnel Investigations 
Records system of records notice. Section 6, your ``Identifying 
Information'' will be expanded to request additional identifiers. OPM 
will request, in Section 7, ``Your Contact Information'' that the 
respondent provide three contact numbers to facilitate contact between 
investigative personnel and the respondent; however respondents will be 
advised that only one number is required. Section 9, ``Citizenship'' 
will be expanded to collect additional information to assist in 
verifying derived citizenship of respondents born outside of the U.S. 
Section 10, ``Dual/Multiple Citizenship'' will include questions 
regarding the time period(s) of dual/multiple citizenship and an 
explanation of how such citizenship was acquired. Section 11, ``Where 
You Have Lived'' will include branching questions that replace detailed 
instructions for all respondents and instead tailor the collection to 
elicit information based on the respondent's relevant personal history. 
Section 12, ``Where You Went to School'' instructions will be changed 
regarding the requirement to list degree or diploma information. 
Section 13a, ``Employment Activities-Employment & Unemployment Record'' 
branching questions will be added to reduce detailed instructions for 
all respondents and tailor instructions as applicable to the 
respondent. Additionally, branching questions for foreign addresses and 
contacts will be added to assist with conducting the background 
investigation. Section 13b, ``Employment Activities-Former Federal 
Service'' will be added to capture former federal civilian service, 
excluding military service not previously provided. Section 13c, 
``Employment Record'' branching questions will be added to prompt the 
applicant to enter the required information following each positive 
response.
    In an effort to streamline information collection from the 
respondents, changes are proposed to add five areas of questioning 
found on the Declaration of Federal Employment form (OF 306) to the SF 
85. The recommendation is to have questions pertaining to Selective 
Service record, military discharge, police records and court(s) 
martial, debarment from federal employment, and financial history 
included on the SF 85. This change would provide information needed in 
support of the background investigation and limit multiple reporting 
requirements for respondents for the purpose of the background 
investigation.
    Section 15, ``Military History'' branching questions will be added 
to collect information pertaining to the types of military discharge 
received and information regarding military disciplinary actions. 
Branching questions will be added to elicit information regarding 
foreign military service, if applicable, in addition to U.S. military 
service, and to collect details of such service. Section 17, ``Police 
Record'' will include questions regarding offenses, charges, and 
arrests, and branching questions will be added to inquire about the 
disposition of criminal proceedings. Section 21, ``Financial Record'' 
will be added with branching questions to elicit specific detailed 
information pertaining to

[[Page 29950]]

failure to file or pay Federal, state, or other taxes when required by 
law or ordinance and to collect information regarding delinquent 
federal debt.
    Section 16, ``People Who Know You Well'' branching questions will 
be added to clarify and collect additional information pertaining to 
the references. Section 18, ``Illegal Use of Drugs and Drug Activity'' 
will include instruction to clarify that drug use or activity illegal 
under Federal laws must be reported, even if that use or activity is 
legal under state or local law(s). Branching questions will be added 
regarding drug treatment details, which is pertinent information needed 
to support final adjudication. Section 19, ``Investigations and 
Clearance Record'' will be added with branching questions to elicit 
information necessary to obtain relevant details regarding prior 
records, including debarment from government employment. Section 22, 
``Association Record'' will be added with branching questions which 
collect detailed information pertinent to a respondent's involvement in 
terrorist organizations, association with persons involved in 
activities to further terrorism and/or to overthrow the U.S. Government 
by force or violence.
    The general ``Authorization for Release of Information'' will 
include clarifying language noting that information gathered during the 
investigation may include publicly available electronic information, 
including 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. A change is also proposed to the expiration timeframe of the 
General Release to five years. This change is consistent with the 
investigative coverage period for low risk, non-sensitive positions. In 
the event that review of financial information is needed for a 
particular investigation, the ``Fair Credit Reporting Disclosure and 
Authorization'' will be added to the collection.

Analysis

    Agency: NBIB, U.S. Office of Personnel Management.
    Title: Questionnaire for Non-Sensitive Positions (SF 85).
    OMB Number: 3206-0261.
    Affected Public: The SF 85 is an information collections completed 
by applicants for, or incumbents of, Federal Government civilian 
positions, or positions in private entities performing work for the 
Federal Government under contract. The SF 85 will be used by the 
Federal Government in conducting background investigations and 
reinvestigations of persons under consideration for, or retention in, 
non-sensitive positions. The form may also be used by agencies in 
determining whether a subject performing work for, or on behalf of, the 
Government under a contract, should be deemed eligible for logical or 
physical access. For applicants, the SF 85 is to be used only after a 
conditional offer of employment has been made, unless an exception is 
provided by OPM.
    Number of Respondents: 55,040.
    Estimated Time per Respondent: 120 minutes.
    Total Burden Hours: 110,080.

U.S. Office of Personnel Management.
Kathleen M. McGettigan,
Acting Director.
[FR Doc. 2017-13819 Filed 6-29-17; 8:45 am]
 BILLING CODE 6325-53-P