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[Federal Register Volume 82, Number 249 (Friday, December 29, 2017)]
[Notices]
[Pages 61805-61806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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 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
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