[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Pages 82095-82097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32871]


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OFFICE OF PERSONNEL MANAGEMENT


Submission for Review: Information Collection 3206-NEW; 
Questionnaire for Public Trust Positions (SF 85P) and Supplemental 
Questionnaire for Selected Positions (SF 85P-S)

AGENCY: U.S. Office of Personnel Management.

ACTION: 60-Day Notice and request for comments.

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SUMMARY: Federal Investigative Services (FIS), U.S. Office of Personnel 
Management (OPM) offers the general public and other federal agencies 
the opportunity to comment on an information collection request (ICR), 
Office of Management and Budget (OMB) Control No. 3206-NEW, for 
Questionnaire for Public Trust Positions, Standard Form 85P (SF 85P)

[[Page 82096]]

and Supplemental Questionnaire for Selected Positions, Standard Form SF 
85P-S (SF 85P-S). As required by the Paperwork Reduction Act of 1995, 
(Pub. L. 104-13, 44 U.S.C. chapter 35) as amended by the Clinger-Cohen 
Act (Pub. L. 104-106), OPM is soliciting comments for this collection. 
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.

DATES: Comments are encouraged and will be accepted until February 28, 
2011. This process is conducted in accordance with 5 CFR 1320.1.

ADDRESSES: Interested persons are invited to submit written comments on 
the proposed information collection to the Federal Investigative 
Services, U.S. Office of Personnel Management, 1900 E Street, NW., 
Washington, DC 20415, Attention: Lisa Loss or sent via electronic mail 
to <a href="/cdn-cgi/l/email-protection#27616e746148554a5464484a4a424953546748574a09404851"><span class="__cf_email__" data-cfemail="46000f150029342b3505292b2b232832350629362b68212930">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: A copy of this ICR, with applicable 
supporting documentation, may be obtained by contacting the Federal 
Investigative Services, U.S. Office of Personnel Management, 1900 E 
Street, NW., Washington, DC 20503, Attention: Lisa Loss or sent via 
electronic mail to <a href="/cdn-cgi/l/email-protection#66202f352009140b1525090b0b030812152609160b48010910"><span class="__cf_email__" data-cfemail="47010e140128352a3404282a2a222933340728372a69202831">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Questionnaire for Public Trust Positions, SF 
85P and Supplemental Questionnaire for Selected Positions, SF 85P-S and 
Parallel, electronic version of the SF 85P and SF 85P-S, including 
accompanying releases, housed in a system named e-QIP (Electronic 
Questionnaires for Investigative Processing), are information 
collections completed by applicants for, or incumbents of, Federal 
Civilian Government positions, or positions in private entities 
performing work for the Government under contract. The collections are 
used as the basis of information for background investigations to 
establish that such persons are:
    <bullet> Suitable for employment or retention in Federal employment 
in a public trust position or fit for employment or retention in 
Federal employment in the excepted service when the duties to be 
performed are equivalent in degree of trust reposed in the incumbent to 
a public trust position;
    <bullet> Fit based on character and conduct for contract employment 
on behalf of the Federal Government, or eligible for physical and 
logical access to federally controlled facilities or information 
systems as a contract employee, when the duties to be performed are 
equivalent to the duties performed by an employee in a public trust 
position.

    The SF 85P and SF 85P-S are completed by civilian employees of the 
Federal Government, and individuals not employed with the Federal 
Government, Non-Federal employees, including Federal contractors and 
individuals otherwise not directly employed by the Federal Government. 
For applicants, 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. It is estimated that 112,894 non-Federal 
individuals, will complete the SF 85P annually. The SF 85P takes 
approximately 75 minutes to complete. The estimated annual burden is 
141,118 hours. It is estimated that 11,717 non-Federal individuals will 
complete the SF 85P-S annually. The SF 85P-S takes approximately 10 
minutes to complete. The estimated annual burden is 1,953 hours. e-QIP 
(Electronic Questionnaires for Investigations Processing) is a web-
based system application that currently houses electronic versions of 
the SF 85P and SF 85P-S. This internet data collection tool provides 
faster processing time and immediate data validation to ensure accuracy 
of the respondent's personal information. The e-Government initiative 
mandates that agencies utilize e-QIP for all investigations and 
reinvestigations. 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 a 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. As such, the burden on the 
respondent will vary depending on whether the information collection 
relates to the respondent's personal history. Additionally, once 
entered, a respondent's complete and certified investigative data 
remains secured in the e-QIP system until the next time the respondent 
is sponsored by an agency to complete a new investigative form. Upon 
initiation, the respondent's previously entered data (except `yes/no' 
questions) will populate a new investigative request and the respondent 
will be allowed to update their information and certify the data. In 
this instance, time to complete the form is reduced significantly.
    OPM intends to establish consistency and alignment of format and 
text, as appropriate, regarding the Standard Form investigative 
questionnaires. OPM proposes changes to the SF 85P. The collection will 
include requests for email addresses and mobile phone numbers in order 
to facilitate the investigation. Section 8 collects U.S. Passport 
Information which was previously collected under the Citizenship 
Section. Section 9 now collects Citizenship. Additional information is 
collected that will assist in verifying citizenship of respondents born 
outside of the U.S. Branching questions inserted after each response 
tailor the elicitation of information to the respondent's personal 
history. The collection in Section 10, Dual/Multiple Citizenship & 
Foreign Passport Information, has been expanded to collect more 
detailed information regarding other citizenship claims and the use of 
foreign passport(s). Section 9, Where You Have Lived was amended to 
Section 11. Respondents will not be required to list temporary 
locations of less than 90 days, whereas the previous version of the 
form allowed this exception only for temporary military duty locations 
under 90 days. Residence verifier information will be collected for a 
period of `3 years' vice `5 years.' Section 10, Where You Went to 
School, was amended to Section 12. Section 11, Your Employment 
Activities was amended to include, Section 13a, Employment Activities-
Employment & Unemployment Record. Non-government employment (excluding 
self-employment) was added to the employment types for clarity. Section 
13b, Employment Activities-Former Federal Service was added to collect

[[Page 82097]]

information regarding former federal employment. Section 12 became 
Section 13c, Employment Record. The collection was expanded to require 
reporting of adverse incidents in the workplace, specifically written 
warnings, official reprimands, suspensions, and discipline for 
misconduct in the workplace. Section 14 became Selective Service 
Record. The Selective Service Web site, http://www.sss.gov, was added 
to assist the respondent in obtaining their Selective Service number. 
Section 15 became Military History. The collection was expanded to 
require military discharge type and details of any courts martial 
within the last 7 years. The collection regarding foreign military 
service was expanded to collect information regarding service in a 
foreign intelligence, diplomatic, security forces, militia, other 
defense force, or government agency, and to collect additional details 
of such service. In Section 17, Marital Status, the collection was 
expanded to collect cohabitant and former spouse information. Section 
18 became Relatives and the collection was expanded to collect aliases 
of named relatives. Section 19 became Foreign Countries You Have 
Visited. Branching questions were added to collect more specific 
details pertinent to incidents of being questioned, searched or 
detained by local customs or security service officials, involvement in 
any encounter with the police or in contact with any person known or 
suspected of being involved or associated with foreign intelligence, 
terrorist, security, or military organizations. In Section 20, Police 
Record, branching questions were added to inquire about the disposition 
of criminal proceedings, and to inquire about offenses related to 
firearms, explosives, alcohol and drugs. Questions were added to the 
section in order to identify respondents who may be impacted by the 
restrictions cited in the Lautenberg Amendment. The exception to omit 
traffic fines of less than $150 was changed to $300 (unless related to 
alcohol or drugs) to account for the nature of fine increases since the 
1995 version of the form. Section 21 became Illegal Use of Drugs and 
Drug Activity. The collection was expanded to collect information 
regarding illegal use of drugs and drug involvement during the last 7 
years, and branching questions were added to inquire about drug 
involvement while employed as a law enforcement officer, prosecutor or 
courtroom official, misuse of prescription drugs and involvement in 
counseling or treatment as a result of illegal use of drugs. Section 
22, Use of Alcohol, was added, to collect information regarding 
negative impacts of alcohol on the respondent's work performance and 
professional relationships during the last 7 years, and to identify 
attempts at rehabilitation through counseling or treatment. Section 23, 
Investigations and Clearance Record, was expanded to collect additional 
information necessary for investigation to obtain relevant prior 
records and to elicit explanations regarding prior security clearance 
adverse actions of debarments from federal employment. In Section 24, 
Financial Record, branching questions were added to elicit specific 
detailed information pertaining to each financial area instead of an 
open text field for respondents to provide explanation. A question was 
added regarding involvement with a credit counseling service to capture 
mitigating information from respondents who seek assistance to resolve 
an inability to meet financial obligations. Section 25, Use of 
Information Technology Systems, was added to elicit information 
pertinent to respondent's illegal or unauthorized access or attempt to 
access any information technology system. Section 26, Involvement in 
Non-Criminal Court Actions, was added to collect information when the 
respondent, in the last seven years, has been a defendant in any public 
record civil court action alleging fraud or intentional tortious 
conduct. Section 27, Association Record, was added to collect detailed 
information pertinent to a respondent's involvement in terrorist 
organizations, association with persons involved in activities to 
further terrorism and/or to overthrown the U.S. Government by force or 
violence. Verbiage was added to the Authorization for Release of 
Information authorizing the Social Security Administration (SSA) to 
verify respondent's Social Security Number and provide the results to 
OPM. The Authorization for Release of Medical Information was updated 
to acknowledge the Health Insurance Portability and Accountability Act 
(HIPPA) and to provide information regarding the circumstances when its 
use is required. The Fair Credit Reporting Disclosure and Authorization 
Form was made part of the proposed SF 85P as required under previous 
OMB Terms of Clearance in order to standardize the release by which 
collection of credit bureau reports is authorized.
    OPM also proposes changes to the SF 85P-S. Questions regarding the 
illegal use of drugs in the last 7 years will be removed as this 
information will be collected in the primary SF 85P questionnaire; 
however, the question regarding illegal use of drugs ever while in a 
public safety position or position of trust will remain. Questions 
regarding alcohol treatment or counseling in the last 7 years will be 
removed as this information will be collected in the primary SF 85P 
questionnaire.

    U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. 2010-32871 Filed 12-28-10; 8:45 am]
BILLING CODE 6325-38-P


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