83 FR 3370 - Reinstatement of a Previously Approved Information Collection: General Request for Investigative Information (INV 40), Investigative Request for Employment Data and Supervisor Information (INV 41), Investigative Request for Personal Information (INV 42), Investigative Request for Educational Registrar and Dean of Students Record Data (INV 43), and Investigative Request for Law Enforcement Data (INV 44)

OFFICE OF PERSONNEL MANAGEMENT

Federal Register Volume 83, Issue 16 (January 24, 2018)

In accordance with the Paperwork Reduction Act of 1995, the National Background Investigations Bureau (NBIB), Office of Personnel Management (OPM) proposes to request the Office of Management and Budget (OMB) to reinstate a previously-approved information collection, General Request for Investigative Information (INV 40), Investigative Request for Employment Data and Supervisor Information (INV 41), Investigative Request for Personal Information (INV 42), Investigative Request for Educational Registrar and Dean of Students Record Data (INV 43), and Investigative Request for Law Enforcement Data (INV 44).

[Federal Register Volume 83, Number 16 (Wednesday, January 24, 2018)]
[Notices]
[Pages 3370-3371]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01258]


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OFFICE OF PERSONNEL MANAGEMENT


Reinstatement of a Previously Approved Information Collection: 
General Request for Investigative Information (INV 40), Investigative 
Request for Employment Data and Supervisor Information (INV 41), 
Investigative Request for Personal Information (INV 42), Investigative 
Request for Educational Registrar and Dean of Students Record Data (INV 
43), and Investigative Request for Law Enforcement Data (INV 44)

AGENCY: Office of Personnel Management.

ACTION: 60-Day notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
National Background Investigations Bureau (NBIB), Office of Personnel 
Management (OPM) proposes to request the Office of Management and 
Budget (OMB) to reinstate a previously-approved information collection, 
General Request for Investigative Information (INV 40), Investigative 
Request for Employment Data and Supervisor Information (INV 41), 
Investigative Request for Personal Information (INV 42), Investigative 
Request for Educational Registrar and Dean of Students Record Data (INV 
43), and Investigative Request for Law Enforcement Data (INV 44).

DATES: Comments are encouraged and will be accepted until March 26, 
2018. This process is conducted in accordance with 5 CFR 1320.8(d)(1).

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

FOR FURTHER INFORMATION CONTACT:  A copy of this ICR, with applicable 
supporting documentation, may be obtained by contacting the National 
Background Investigations Bureau, U.S. Office of Personnel Management, 
1900 E Street NW, Washington, DC 20415, Attention: Donna McLeod; or 
sent by email to [email protected] or phone at 202-606-2139.

SUPPLEMENTARY INFORMATION: OPM is soliciting comments for this 
collection as required by the Paperwork Reduction Act of 1995, 44 
U.S.C. 3506(c)(2). 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.
    The INV 40, 41, 42, 43, and 44 are used to conduct the ``written 
inquiries'' portion of the investigation, to include investigations for 
suitability or fitness for Civil Service, nonappropriated fund, or 
contract employment pursuant to standards issued under Civil Service 
Rule V, E.O. 13488, as amended, E.O. 13764, and 5 CFR part 731; 
investigations for employment in a sensitive national security position 
or for eligibility for access to classified information pursuant to 
standards issued under E.O. 12968, as amended, E.O. 13764, and 5 CFR 
part 1400; and investigations for identity credentials for long-term 
physical and logical access to Federally-controlled facilities and 
information systems, pursuant to standards issued under E.O. 13764. The 
INV forms 40 and 44, in particular, facilitate OPM's access to criminal 
history record information under 5 U.S.C. 9101.
    The content of the INV forms is also designed to meet notice 
requirements for personnel investigations specified by 5 CFR 
736.102(c). These notice requirements apply to any ``investigation . . 
. to determine the suitability, eligibility, or qualifications of 
individuals for Federal employment, for work on Federal contracts, or 
for access to classified information or restricted areas.''
    None of the forms are used for any purpose other than a personnel 
background investigation, as described above. The completed forms are 
maintained by OPM subject to the protections of the Privacy Act of 
1974, as amended.
    Procedurally, the subject of a personnel background investigation 
discloses the identity of relevant sources, such as supervisors, 
coworkers, neighbors, friends, current or former spouses, instructors, 
relatives, or schools attended, on the standard form (SF) 85, 
Questionnaire for Non-Sensitive Positions; the SF 85P, Questionnaire 
for Public Trust Positions; or the SF 86, Questionnaire for National 
Security Positions. The INV forms are distributed to the provided 
source contacts identified on the standard form questionnaire through 
an automated mailing operation.
    The INV 40 is used to collect records from a Federal or State 
record repository or a credit bureau. The INV 44 is used to collect law 
enforcement data from a criminal justice agency. The INV 41, 42, and 43 
are sent to employment references, associates, and educational 
institutions. The forms disclose that the source's contact information 
was provided by the subject to assist in completing a background 
investigation

[[Page 3371]]

to help determine the subject's eligibility for employment or security 
clearance, and request that the source complete the form to help in 
this determination. Generally, the subject of the investigation will 
identify these employment references, associates, and schools on his or 
her SF 85, SF 85P, or SF 86 questionnaire.
    OPM proposes the following modifications to the INV 40, INV 41, INV 
42, INV 43 and INV 44. On all of the forms, an explanation was added to 
address the need to have the forms completed and returned as soon as 
possible. The Privacy Act Information section changed from, ``The 
information you provide, including your identity, will be disclosed to 
the person being investigated and other federal agencies, at this 
person's request'' to ``The information you provide, including your 
identity, will be furnished to the agency requesting the investigation, 
other agencies as warranted, and to the person investigated upon his or 
her specific request. Routine uses for disclosure of investigative 
records are published in the Federal Register at 81 FR 70194-95.'' The 
INV 41 and INV 43, Instruction, ``Your name has been provided by the 
person'' was amended to ``Your contact information was provided by the 
person.'' The INV 41, 42, 43, and 44 were amended to refer to the 
purpose of the investigations as ``eligibility for employment or 
security clearance'' for uniformity. The INV 41 and INV 42 Privacy Act 
Information, ``Providing additional information on this form will void 
your request for confidentiality'' was removed. Specific instructions 
for requesting confidentiality are provided in block 6 on the INV 41 
and block 8 on the INV 42. Changes were made to OPM's form processing 
options found on the INV 40, INV 41, INV 43, and INV 44. Modifications 
were made to clarify the use of the ``additional information'' section 
on the INV 41, INV 42, INV 43, and INV 44.
    In an effort to align the collection of information obtained 
through written inquiries and the collection of information disclosed 
by the subject of the background investigation on the standard form 
questionnaires, the following changes were made. INV 41 (#2) (e) 
``Fired for unfavorable employment or conduct'' was amended to 
``Fired''; (f) ``Resigned after informed of possible firing'' was 
amended to ``Quit after being told they would be fired''; (g) ``Left 
employment by mutual agreement due to specific problems'' was amended 
to ``Left by mutual agreement following charges or allegations of 
misconduct''; and (h) ``left by mutual agreement following notice of 
unsatisfactory performance.'' was added. INV 41 (#2) and INV 42 (#7) 
``abuse of drugs'' was amended to ``abuse/illegal use of drugs.''

Analysis

    Agency: NBIB, Office of Personnel Management.
    Title: General Request for Investigative Information (INV 40), 
Investigative Request for Employment Data and Supervisor Information 
(INV 41), Investigative Request for Personal Information (INV 42), 
Investigative Request for Educational Registrar and Dean of Students 
Record Data (INV 43), and Investigative Request for Law Enforcement 
Data (INV 44).
    OMB Number: 3206-0165.
    Affected Public: Forms are not used for any purpose other than a 
personnel background investigation. The completed forms are maintained 
by OPM and are subject to the protections of the Privacy Act of 1974, 
as amended.
    Procedurally, the subject of a personnel background investigation 
discloses the identity of relevant sources, such as supervisors, 
coworkers, neighbors, friends, current or former spouses, instructors, 
relatives, or schools attended, on the standard form (SF) 85, 
Questionnaire for Non-Sensitive Positions; the SF 85P, Questionnaire 
for Public Trust Positions; or the SF 86, Questionnaire for National 
Security Positions. After OPM receives a completed SF 85, SF 85P, or SF 
86, the INV forms are distributed to the provided source contacts 
through an automated mailing operation.
    The INV 40 is used to collect records from a Federal or State 
record repository or a credit bureau. The INV 44 is used to collect law 
enforcement data from a criminal justice agency. The INV 41, 42, and 43 
are sent to employment references, associates, and educational 
institutions attended. The forms disclose that the source's name was 
provided by the subject to assist in completing a background 
investigation to help determine the subject's eligibility for 
employment or security clearance, and request that the source complete 
the form to help in this determination. Generally, the subject of the 
investigation will identify these employment references, associates, 
and schools on his or her SF 85, SF 85P, or SF 86 questionnaire. If 
information is omitted on the questionnaire, however, the information 
may be provided in a follow-up contact between the subject and an 
investigator.
    Number of Respondents: 5,682,744 (58,071 (INV 40); 3,358,486 (INV 
41); 56,090 (INV 42); 855,051 (INV 43); 1,355,046 (INV 44))
    Estimated Time per Respondent: 5 minutes per form (INV 40, INV 41, 
INV 42, INV 43, INV 44)
    Total Burden Hours: 473,562 (4,839 (INV 40); 279,874 (INV 41); 
4,674 (INV 42); 71,254 (INV 43); 112,921 (INV 44))

Office of Personnel Management.
Kathleen M. McGettigan,
Acting Director.
[FR Doc. 2018-01258 Filed 1-23-18; 8:45 am]
 BILLING CODE 6325-53-P