30-Day Federal Register Notice

[Federal Register: December 31, 2008 (Volume 73, Number 251)]

[Notices]

[Page 80445-80447]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr31de08-96]

=======================================================================

-----------------------------------------------------------------------

OFFICE OF PERSONNEL MANAGEMENT

[OMB Control No. 3206-0005]

Submission for OMB Review; Comment Request for Revised

Information Collection; Questionnaire for Non-Sensitive Positions,

Standard Form 85 (SF 85); Questionnaire for Public Trust Positions,

Standard Form 85P (SF 85P); Supplemental Questionnaire for Selected

Positions, Standard Form 85PS (SF 85PS); Questionnaire for National

Security Positions, Standard Form 86 (Sf 86); Continuation Sheet for

Questionnaires SF 85, 85P, and 86, Standard Form 86a (Sf 86a); and

Certification Statement for SF 86 (SF 86C)

AGENCY: Office of Personnel Management.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub.

L. 104-13), this notice announces that the Office of Personnel

Management (OPM) submitted to the Office of Management and Budget a

request for review and clearance of the revised collection of

information, Questionnaires for National Security, Public Trust, and

Non-Sensitive Positions (OMB Control No. 3206-0005), which includes the

following electronic, on-line collection instruments:

[[Page 80446]]

Questionnaire for Non-Sensitive Positions, Standard Form

85 (SF 85);

Questionnaire for Public Trust Positions, Standard Form

85P (SF 85P); and

Questionnaire for National Security Positions, Standard

Form 86 (SF 86).

This notice also announces that the Office of Personnel Management

(OPM) submitted to the Office of Management and Budget a request to

discontinue clearance of the Continuation Sheet for Questionnaires SF

85, 85P, and 86, Standard Form 86A (SF 86A), the Certification

Statement for SF 86, Standard Form SF 86C (SF 86C); and the

Supplemental Questionnaire for Selected Positions, Standard Form 85PS

(SF 85PS), which were formerly included in the collection (OMB Control

No. 3206-0005).

These information collections are completed by respondents for, or

incumbents of, Government positions or positions for the Government

under contract, or by military personnel. The collections are used as

the basis for background investigations to establish that such persons

are:

Suitable for employment or retention in the position;

Suitable for employment or retention in a public trust

position;

Suitable for employment or retention in a national

security position; and

Eligible for access to classified national security

information.

We are discontinuing request for clearance of the SF 86A, SF 86C,

and SF 85PS, and propose that these collections be eliminated. The SF

86A is currently used as a continuation of the form with which its use

is associated and not for any unique purpose exclusive from the

associated form. It is proposed that the SF 86A be eliminated as it is

not necessary when e-QIP is used. Additionally, GSA has requested that

the Standard Forms be available to customers in electronic format only.

They will no longer be stocking the paper forms. The SF 86C is

currently used in lieu of completing a new SF 86 to allow the

individual to indicate that there have been no changes in the data

provided on the most recently filed SF 86 or to allow the individual to

easily provide new or changed information. The electronic format of the

proposed SF 86 eliminates the need for a separate SF 86C. It is

proposed that the SF 85PS be eliminated because the questions formerly

on the SF 85PS now reside on the SF 85P.

The SF 85, SF 85P, and SF 86 are completed by both employees of the

Federal Government and individuals not employed with the Federal

Government, to include Federal and military contractors. Federal

employees are defined as those individuals who are employed as civilian

or military personnel with the Federal Government. Non-Federal

employees include members of the general public and all individuals

employed as Federal and military contractors or individuals otherwise

not directly employed by the Federal Government.

It is estimated that 47,700 non-Federal individuals will complete

the SF 85 annually. Each form takes approximately 100 minutes to

complete. The estimated annual public burden is 79,500 hours.

It is estimated that 98,700 non-Federal individuals will complete

the SF 85P annually. Each form takes approximately 150 minutes to

complete. The estimated annual burden is 246,750 hours.

It is estimated that 21,800 non-Federal individuals will complete

the SF 86 annually. Each form takes approximately 150 minutes to

complete. The estimated annual burden is 54,500 hours.

e-QIP (Electronic Questionnaires for Investigations Processing) is

a web-based system application that currently houses electronic

versions of the SF 85, SF 85P, and SF 86. 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.

The 60-day Federal Register Notice was published June 23, 2008

(Volume 73, Number 121, pages 35421-35422). The following Federal

agencies or agency organizations made comments during the public

comment period: Social Security Administration, Joint Security and

Suitability Reform Team, Department of Housing and Urban Development,

Department of Health and Human Services, U.S. Agency for International

Development, Department of Homeland Security, Central Intelligence

Agency, Department of Transportation, Office of the Director of

National Intelligence, Department of State, Department of State Mental

Health Services, Federal Bureau of Investigation, Defense Personnel

Security Research Center, Department of Energy, and internal

commentators from the U.S. Office of Personnel Management (OPM). The

vast majority of comments were from OPM internal commentators and

focused on administrative issues related to the formatting of the

instructions and questions on the former paper collection. Most

comments from other agencies focused on changes to the collection of

mental health treatment information relative to treatment resulting

from service in a military combat environment.

Comments which most substantially affected the proposed revisions

of the SF 85P and SF 86 were considered in light of the intent of

Executive Order 13467 to align using consistent standards to the extent

possible policies and procedures relating to suitability, contractor

employee fitness, eligibility to hold a sensitive position, access to

federally controlled facilities and information systems, and

eligibility for access to classified information. As a result of

reforms to investigative processes, the SF 85, SF 85P, and SF 86 were

expanded to collect from the respondent more accurate and relevant

information that is of investigative and adjudicative significance

earlier in the investigative process, thus increasing the length of the

collections. As a result of public comment, significant and substantial

changes were made to the SF 85, SF 85P, and SF 86. Such changes to the

SF 85 include revision to questions 9, 10, 17, 18, 21, and the addition

of new questions 19, 20, and 22. These question numbers reflect

renumbering to accommodate the addition of new areas of questioning.

Changes to the SF

[[Page 80447]]

85P include revisions to questions 9, 10, 15, 17b, 18, 20c, 22, 23, 24,

25, 26 and the addition of questions 19, 20a, 20b, 21, 27, 28, and 29.

Changes to the SF 86 include revisions to questions 19, 20a, 20b, 20c,

21, 22, 23, 24, and 29. Due to the extensive nature of the comments,

they have been consolidated in a matrix and are available upon request.

For copies of this proposal, contact Mary-Kay Brewer on 703-305-

1002, Fax 703-603-0576, or e-mail at [email protected]. Please be

sure to include a mailing address with your request.

DATES: Comments on this proposal should be received within 30 calendar

days from the date of this publication.

ADDRESSES: Send or deliver comments to: Kathy Dillaman, Associate

Director, Federal Investigative Services Division, U.S. Office of

Personnel Management, 1900 E Street, NW., Room 5416, Washington, DC

20415, [email protected]; and John W. Barkhamer, Desk Officer,

Office of Information and Regulatory Affairs, Office of Management and

Budget, New Executive Office Building, 725 17th Street, NW., Room

10235, Washington, DC 20503.

For Information Regarding Administrative Coordination Contact: Mary-Kay

Brewer, Program Analyst, Operational Policy Group, Federal

Investigative Services Division, U.S. Office of Personnel Management,

703-305-1002.

Michael W. Hager,

Acting Director.

[FR Doc. E8-31144 Filed 12-30-08; 8:45 am]

BILLING CODE 6325-53-P