82_FR_62054 82 FR 61805 - Notice of Submission for Approval: Questionnaire for Non-Sensitive Positions (SF 85)

82 FR 61805 - Notice of Submission for Approval: Questionnaire for Non-Sensitive Positions (SF 85)

U.S. OFFICE OF PERSONNEL MANAGEMENT

Federal Register Volume 82, Issue 249 (December 29, 2017)

Page Range61805-61806
FR Document2017-28203

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 Issue 249 (Friday, December 29, 2017)
[Federal Register Volume 82, Number 249 (Friday, December 29, 2017)]
[Notices]
[Pages 61805-61806]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28203]


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U.S. OFFICE OF PERSONNEL MANAGEMENT


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

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 Non-Sensitive Positions (SF 85).

DATES: Comments are encouraged and will be accepted until January 29, 
2018. This process is conducted in accordance with 5 CFR 1320.10.

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 
U.S. Office of Personnel Management, NBIB, 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 82 FR 29948 (June 
30, 2017).
    This notice announces that OPM has submitted to OMB a request for 
review and clearance of a revised information collection, OMB number 
3206-0261, Questionnaire for Non-Sensitive Positions (SF 85). The 
public has an additional 30-day opportunity to comment.
    The SF 85 is 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, the SF 85 is to be used only after a conditional offer of 
employment has been made, unless OPM has granted an exception to the 
agency to permit questioning for certain positions earlier. e-QIP 
(Electronic Questionnaires for Investigations Processing) 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.
    The 60-day Federal Register Notice published on June 30, 2017 (82 
FR 29948). Comments were received from the National Treasury Employees 
Union (NTEU), an individual at the Federal Aviation Administration 
(FAA), and an individual from the U.S. Postal Inspection Service 
(USPIS). Comments were also provided on behalf of the Security, 
Suitability, and Credentialing Performance Accountability Council 
Program Management Office (PAC PMO).
    From the PAC PMO a recommendation was submitted to modify the 
explanation provided in the `Purpose of this Form' section to explain 
that responses provided on the SF 85P and the SF 86 may be compared 
with responses to previous SF 85 questionnaires. OPM accepted this 
comment and will update instructions to inform individuals completing 
the form that responses provided may be compared with responses 
provided on previous investigative questionnaires.
    An individual from USPIS commented that Section 6, Your Identifying 
Information should include marital status/history, and the Sex/Gender 
question should be expanded to include transgender options. OPM did not 
accept these comments. Marital/Relationship section will remain in a 
separate section. Completion of the gender information on the 
questionnaire is based on the gender the applicant identifies with at 
the time when completing the application, which includes transgender 
individuals.
    An individual from FAA commented to include in Section 9, 
Citizenship, a field to request the CIS number (A#) in the 
Naturalization Certificate. OPM did not accept this comment as a field 
currently exists to provide the CIS number.
    An individual from FAA suggested to clarify instructions in Section 
11, Where You Have Lived, to require the applicant to enter a full 
address (House

[[Page 61806]]

#, Street name, and identifier (Lane, Avenue, etc.)). OPM did not 
accept this comment as the current instructions already request this 
information.
    An individual from USPIS commented that in Section 12, Where You 
Went to School, degree and diploma information should remain as part of 
the collection to comply with the Federal Investigative Standards 
(FIS). No changes were needed in response to this comment because the 
recommended change was included in the 60 day Federal Register Notice 
of proposed changes to the SF 85.
    An individual from USPIS commented that separating Section 13b, 
Employment Activities--Former Federal Service, from the collection of 
other employment information could produce a duplication of 
information. OPM accepted this comment, will remove Section 13b, and 
will require reporting of former federal service employment in Section 
13a, Employment Activities.
    An individual from USPIS recommends removing Section 16, ``People 
Who Know You Well'', because the information is not required for the 
background investigation at this level. OPM accepted this comment and 
will remove Section 16.
    NTEU commented that they do not object to the addition of Section 
17, Police Record, but believes that OPM requests information in this 
proposed section without sufficient justification. Individuals would be 
required to report convictions that were expunged under federal or 
state law or otherwise stricken from court records. It would also, in 
direct contrast to the current OF-306, require individuals to report 
charges that were dismissed. The information that the section would 
require, moreover, includes information about charges and proceedings 
(regardless of the outcome) that occurred when an individual was a 
minor, even if the record in the matter is under seal. OPM did not 
accept this comment because the questions are designed to elicit 
information regarding criminal history record information, to permit 
the individual to explain the circumstances of offenses or charges, and 
to obtain details to assist in locating and obtaining records for the 
background investigation. Collecting criminal record information from 
the individual provides efficiency and affords the individual the 
opportunity to provide contextual details about conduct. Such details 
are needed by agencies in applying suitability criteria and/or 
assessing whether granting a PIV will present an unacceptable risk to 
people, property, and/or information systems.
    An individual from USPIS commented that in the section regarding 
Police Record, an applicant should be asked whether they have ever been 
arrested or used drugs, or that information should be collected 
specifically regarding the past 5 or 10 years. OPM did not accept this 
comment because information relating to drug related arrests is already 
collected in the Police Record section and information regarding drug 
use for a specific period is collected in Section 17, Illegal Use of 
Drugs and Drug Activity.
    A recommendation was received from the PAC PMO to require 
collection of information regarding alcohol abuse based on the 
suitability factor identified in 5 CFR 731. OPM did not accept this 
change at this time, but will consider the modification as part of an 
additional review to occur later.

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 of, 
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 OPM has granted 
an exception.
    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. 2017-28203 Filed 12-28-17; 8:45 am]
 BILLING CODE 6326-53-P



                                                                           Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Notices                                          61805

                                               This type of generic clearance for                            30-Day notice and request for
                                                                                                       ACTION:                                               electronic application includes
                                               qualitative information will not be used                comments.                                             branching questions and instructions
                                               for quantitative information collections                                                                      which provide for a tailored collection
                                               that are designed to yield reliably                     SUMMARY:   The National Background                    from the respondent based on varying
                                               actionable results, such as monitoring                  Investigation Bureau (NBIB), U.S. Office              factors in the respondent’s personal
                                               trends over time or documenting                         of Personnel Management (OPM) is                      history. The burden on the respondent
                                               program performance. Such data uses                     notifying the general public and other                is reduced when the respondent’s
                                               require more rigorous designs that                      Federal agencies that OPM is seeking                  personal history is not relevant to
                                               address: The target population to which                 Office of Management and Budget                       particular question, since the question
                                               generalizations will be made, the                       (OMB) approval of a revised information               branches, or expands for additional
                                               sampling frame, the sample design                       collection, Questionnaire for Non-                    details, only for those persons who have
                                               (including stratification and clustering),              Sensitive Positions (SF 85).                          pertinent information to provide
                                               the precision requirements or power                     DATES: Comments are encouraged and                    regarding that line of questioning.
                                               calculations that justify the proposed                  will be accepted until January 29, 2018.              Accordingly, the burden on the
                                               sample size, the expected response rate,                This process is conducted in accordance               respondent will vary depending on
                                               methods for assessing potential non-                    with 5 CFR 1320.10.                                   whether the information collection
                                               response bias, the protocols for data                   ADDRESSES: Interested persons are                     relates to the respondent’s personal
                                               collection, and any testing procedures                  invited to submit written comments on                 history.
                                               that were or will be undertaken prior to                the proposed information collection to                   The 60-day Federal Register Notice
                                               fielding the study. Depending on the                    the Office of Information and Regulatory              published on June 30, 2017 (82 FR
                                               degree of influence the results are likely              Affairs, Office of Management and                     29948). Comments were received from
                                               to have, such collections may still be                  Budget, 725 17th Street NW,                           the National Treasury Employees Union
                                               eligible for submission for other generic               Washington, DC 20503, Attention: Desk                 (NTEU), an individual at the Federal
                                               mechanisms that are designed to yield                   Officer for the Office of Personnel                   Aviation Administration (FAA), and an
                                               quantitative results.                                   Management or sent via electronic mail                individual from the U.S. Postal
                                                  As a general matter, information                     to oira_submission@omb.eop.gov or                     Inspection Service (USPIS). Comments
                                               collections will not result in any new                  faxed to (202) 395–6974.                              were also provided on behalf of the
                                               system of records containing privacy                                                                          Security, Suitability, and Credentialing
                                                                                                       FOR FURTHER INFORMATION CONTACT: A
                                                                                                                                                             Performance Accountability Council
                                               information and will not ask questions                  copy of this information collection, with
                                                                                                                                                             Program Management Office (PAC
                                               of a sensitive nature, such as sexual                   applicable supporting documentation,
                                                                                                                                                             PMO).
                                               behavior and attitudes, religious beliefs,              may be obtained by contacting U.S.                       From the PAC PMO a
                                               and other matters that are commonly                     Office of Personnel Management, NBIB,                 recommendation was submitted to
                                               considered private.                                     1900 E Street NW, Washington, DC                      modify the explanation provided in the
                                                  Request for comment: Peace Corps                     20415, Attention: Donna McLeod or by                  ‘Purpose of this Form’ section to explain
                                               invites comments on whether the                         electronic mail at FISFormsComments@                  that responses provided on the SF 85P
                                               proposed collections of information are                 opm.gov.                                              and the SF 86 may be compared with
                                               necessary for proper performance of the                 SUPPLEMENTARY INFORMATION: As                         responses to previous SF 85
                                               functions of the Peace Corps, including                 required by the Paperwork Reduction                   questionnaires. OPM accepted this
                                               whether the information will have                       Act of 1995, 44 U.S.C. 3507(a)(1), OPM                comment and will update instructions
                                               practical use; the accuracy of the                      is providing an additional 30 days for                to inform individuals completing the
                                               agency’s estimate of the burden of the                  public comments. OPM previously                       form that responses provided may be
                                               proposed collection of information,                     solicited comments for this collection,               compared with responses provided on
                                               including the validity of the information               with a 60-day public comment period,                  previous investigative questionnaires.
                                               to be collected; and, ways to minimize                  at 82 FR 29948 (June 30, 2017).                          An individual from USPIS
                                               the burden of the collection of                            This notice announces that OPM has                 commented that Section 6, Your
                                               information on those who are to                         submitted to OMB a request for review                 Identifying Information should include
                                               respond, including through the use of                   and clearance of a revised information                marital status/history, and the Sex/
                                               automated collection techniques, when                   collection, OMB number 3206–0261,                     Gender question should be expanded to
                                               appropriate, and other forms of                         Questionnaire for Non-Sensitive                       include transgender options. OPM did
                                               information technology.                                 Positions (SF 85). The public has an                  not accept these comments. Marital/
                                                 This notice is issued in Washington, DC,              additional 30-day opportunity to                      Relationship section will remain in a
                                               on December 21, 2017.                                   comment.                                              separate section. Completion of the
                                               Denora Miller,                                             The SF 85 is completed by applicants               gender information on the questionnaire
                                               FOIA/Privacy Act Officer, Management.
                                                                                                       for, or incumbents of, Federal                        is based on the gender the applicant
                                                                                                       Government civilian positions, or                     identifies with at the time when
                                               [FR Doc. 2017–28117 Filed 12–28–17; 8:45 am]
                                                                                                       positions in private entities performing              completing the application, which
                                               BILLING CODE 6051–01–P
                                                                                                       work for the Federal Government under                 includes transgender individuals.
                                                                                                       contract. For applicants, the SF 85 is to                An individual from FAA commented
                                                                                                       be used only after a conditional offer of             to include in Section 9, Citizenship, a
                                                                                                       employment has been made, unless                      field to request the CIS number (A#) in
                                               U.S. OFFICE OF PERSONNEL
                                                                                                       OPM has granted an exception to the                   the Naturalization Certificate. OPM did
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                                               MANAGEMENT
                                                                                                       agency to permit questioning for certain              not accept this comment as a field
                                               Notice of Submission for Approval:                      positions earlier. e-QIP (Electronic                  currently exists to provide the CIS
                                               Questionnaire for Non-Sensitive                         Questionnaires for Investigations                     number.
                                               Positions (SF 85)                                       Processing) is a web-based system                        An individual from FAA suggested to
                                                                                                       application that houses the SF 85. A                  clarify instructions in Section 11, Where
                                               AGENCY:U.S. Office of Personnel                         variable in assessing burden hours is the             You Have Lived, to require the
                                               Management.                                             nature of the electronic application. The             applicant to enter a full address (House


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                                               61806                       Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Notices

                                               #, Street name, and identifier (Lane,                      An individual from USPIS                           ACTION:   Notice.
                                               Avenue, etc.)). OPM did not accept this                 commented that in the section regarding
                                               comment as the current instructions                     Police Record, an applicant should be                 SUMMARY:    The Postal Service gives
                                               already request this information.                       asked whether they have ever been                     notice of filing a request with the Postal
                                                  An individual from USPIS                             arrested or used drugs, or that                       Regulatory Commission to add a
                                               commented that in Section 12, Where                     information should be collected                       domestic shipping services contract to
                                               You Went to School, degree and                          specifically regarding the past 5 or 10               the list of Negotiated Service
                                               diploma information should remain as                    years. OPM did not accept this comment                Agreements in the Mail Classification
                                               part of the collection to comply with the               because information relating to drug                  Schedule’s Competitive Products List.
                                               Federal Investigative Standards (FIS).                  related arrests is already collected in the           DATES: Date of notice required:
                                               No changes were needed in response to                   Police Record section and information                 December 29, 2017.
                                               this comment because the                                regarding drug use for a specific period              FOR FURTHER INFORMATION CONTACT:
                                               recommended change was included in                      is collected in Section 17, Illegal Use of            Elizabeth A. Reed, 202–268–3179.
                                               the 60 day Federal Register Notice of                   Drugs and Drug Activity.                              SUPPLEMENTARY INFORMATION: The
                                               proposed changes to the SF 85.                             A recommendation was received from                 United States Postal Service® hereby
                                                  An individual from USPIS                             the PAC PMO to require collection of                  gives notice that, pursuant to 39 U.S.C.
                                               commented that separating Section 13b,                  information regarding alcohol abuse                   3642 and 3632(b)(3), on December 22,
                                               Employment Activities—Former Federal                    based on the suitability factor identified            2017, it filed with the Postal Regulatory
                                               Service, from the collection of other                   in 5 CFR 731. OPM did not accept this                 Commission a USPS Request to Add
                                               employment information could produce                    change at this time, but will consider                Priority Mail Express & Priority Mail
                                               a duplication of information. OPM                       the modification as part of an additional             Contract 56 to Competitive Product List.
                                               accepted this comment, will remove                      review to occur later.                                Documents are available at
                                               Section 13b, and will require reporting                 Analysis                                              www.prc.gov, Docket Nos. MC2018–86,
                                               of former federal service employment in                                                                       CP2018–128.
                                               Section 13a, Employment Activities.                        Agency: NBIB, U.S. Office of
                                                  An individual from USPIS                             Personnel Management.                                 Elizabeth A. Reed,
                                               recommends removing Section 16,                            Title: Questionnaire for Non-Sensitive             Attorney, Corporate and Postal Business Law.
                                               ‘‘People Who Know You Well’’, because                   Positions (SF 85).                                    [FR Doc. 2017–28109 Filed 12–28–17; 8:45 am]
                                               the information is not required for the                    OMB Number: 3206–0261.                             BILLING CODE 7710–12–P
                                               background investigation at this level.                    Affected Public: The SF 85 is an
                                               OPM accepted this comment and will                      information collections completed by
                                               remove Section 16.                                      applicants for, or incumbents of, Federal             SECURITIES AND EXCHANGE
                                                  NTEU commented that they do not                      Government civilian positions, or                     COMMISSION
                                               object to the addition of Section 17,                   positions in private entities performing
                                                                                                       work for the Federal Government under                 [Investment Company Act Release No.
                                               Police Record, but believes that OPM                                                                          32952; 812–14805]
                                               requests information in this proposed                   contract. The SF 85 will be used by the
                                               section without sufficient justification.               Federal Government in conducting                      Validea Capital Management, LLC, et
                                               Individuals would be required to report                 background investigations and                         al.; Notice of Application
                                               convictions that were expunged under                    reinvestigations of persons under
                                               federal or state law or otherwise stricken              consideration for, or retention of, non-              December 26, 2017.
                                               from court records. It would also, in                   sensitive positions. The form may also                AGENCY:    Securities and Exchange
                                               direct contrast to the current OF–306,                  be used by agencies in determining                    Commission (‘‘Commission’’).
                                               require individuals to report charges                   whether a subject performing work for,                ACTION: Notice of an application for an
                                               that were dismissed. The information                    or on behalf of, the Government under                 order under section 6(c) of the
                                               that the section would require,                         a contract, should be deemed eligible for             Investment Company Act of 1940 (the
                                               moreover, includes information about                    logical or physical access. For                       ‘‘Act’’) for an exemption from sections
                                               charges and proceedings (regardless of                  applicants, the SF 85 is to be used only              2(a)(32), 5(a)(1), 22(d), and 22(e) of the
                                               the outcome) that occurred when an                      after a conditional offer of employment               Act and rule 22c–1 under the Act, under
                                               individual was a minor, even if the                     has been made, unless OPM has granted                 sections 6(c) and 17(b) of the Act for an
                                               record in the matter is under seal. OPM                 an exception.                                         exemption from sections 17(a)(1) and
                                               did not accept this comment because                        Number of Respondents: 55,040.                     17(a)(2) of the Act, and under section
                                               the questions are designed to elicit                       Estimated Time per Respondent: 120                 12(d)(1)(J) for an exemption from
                                               information regarding criminal history                  minutes.                                              sections 12(d)(1)(A) and 12(d)(1)(B) of
                                               record information, to permit the                          Total Burden Hours: 110,080.                       the Act. The requested order would
                                               individual to explain the circumstances                 U.S. Office of Personnel Management.                  permit (a) index-based series of certain
                                               of offenses or charges, and to obtain                   Kathleen M. McGettigan,                               open-end management investment
                                               details to assist in locating and                       Acting Director.                                      companies (‘‘Funds’’) to issue shares
                                               obtaining records for the background                    [FR Doc. 2017–28203 Filed 12–28–17; 8:45 am]          redeemable in large aggregations only
                                               investigation. Collecting criminal record               BILLING CODE 6326–53–P
                                                                                                                                                             (‘‘Creation Units’’); (b) secondary market
                                               information from the individual                                                                               transactions in Fund shares to occur at
                                               provides efficiency and affords the                                                                           negotiated market prices rather than at
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                                               individual the opportunity to provide                                                                         net asset value (‘‘NAV’’); (c) certain
                                               contextual details about conduct. Such                  POSTAL SERVICE                                        Funds to pay redemption proceeds,
                                               details are needed by agencies in                       Product Change—Priority Mail Express                  under certain circumstances, more than
                                               applying suitability criteria and/or                    and Priority Mail Negotiated Service                  seven days after the tender of shares for
                                               assessing whether granting a PIV will                   Agreement                                             redemption; (d) certain affiliated
                                               present an unacceptable risk to people,                                                                       persons of a Fund to deposit securities
                                               property, and/or information systems.                   AGENCY:    Postal ServiceTM.                          into, and receive securities from, the


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Document Created: 2018-01-03 13:16:38
Document Modified: 2018-01-03 13:16:38
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 January 29, 2018. 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 U.S. Office of Personnel Management, NBIB, 1900 E Street NW, Washington, DC 20415, Attention: Donna McLeod or by electronic mail at [email protected]
FR Citation82 FR 61805 

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