30 day FR notice

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Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Notices
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 September 16,
2013. 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,
Office of Personnel Management, 1900 E
Street NW., Washington, DC 20415,
Attention: Donna McLeod or sent via
email to [email protected].
FOR FURTHER INFORMATION CONTACT: A
copy of this ICR, with applicable
supporting documentation, may be
obtained by contacting the Federal
Investigative Services, Office of
Personnel Management, 1900 E Street
NW., Washington, DC 20415, Attention:
Donna McLeod or sent via email to FIS
[email protected].
SUPPLEMENTARY INFORMATION: The
Questionnaire for Non-Sensitive
Positions, SF 85, housed in a system
named e-QIP (Electronic Questionnaires
for Investigative Processing), is an
information collection completed by
applicants for, or incumbents of, Federal
Government civilian or military
positions, or positions in private entities
performing work for the Federal
Government under contract. The
collection is used as the basis of
information:
• by the Federal Government in
conducting background investigations of
persons under consideration for nonsensitive, low-risk positions as defined
in Executive Order 10450 and 5 CFR
part 731;
• by agencies in determining whether
a person performing work for or on
behalf of the Federal Government under
a contract should be deemed eligible for
logical or physical access or fit to
perform the work anticipated, if the
contract provides for such an
adjudication.
The SF 85 is completed by civilian
employees of the Federal Government,
military personnel, and non-federal
employees, including Federal
contractors and individuals otherwise

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not directly employed by the Federal
Government but who perform work for
or on behalf of the Federal Government.
It is estimated that 55,040 non-Federal
individuals, will complete the SF 85
annually for investigations conducted
by OPM. The SF 85 takes approximately
30 minutes to complete. The estimated
annual burden for this form when used
in OPM investigations is 27,520 hours.
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.
Clarifying language was added to the
Authorization for Release of Information
to specify that sources of information
may include publically available
electronic information. This ICR also
requests categorizing the form as a
common form. OPM will continue to
estimate the burden based on all Federal
agencies that submit the SF 85 to OPM
for investigation. Once OMB approves
the use of this common form, all Federal
agencies using the form not in
connection with an OPM investigation
may request use of this this common
form without additional 60 or 30 day
notice and comment requirements. At
that point, each agency will account for
its number of respondents and the
burden associated with the agency’s use.
No other changes are proposed.
U.S. Office of Personnel Management.
Elaine Kaplan,
Acting Director.
[FR Doc. 2013–17239 Filed 7–17–13; 8:45 am]
BILLING CODE 6325–53–P

OFFICE OF PERSONNEL
MANAGEMENT
Submission for Renewal: Information
Collection; Questionnaire for National
Security Positions, Standard Form 86
(SF 86)
U.S. Office of Personnel
Management.
ACTION: 30-Day Notice and request for
comments.
AGENCY:

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. 3206–0005, for
Questionnaire for National Security
Positions, Standard Form 86 (SF 86). As
required by the Paperwork Reduction
Act of 1995, (Pub. L. 104–13, 44 U.S.C.
chapter 35) as amended by the Clinger-

SUMMARY:

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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 OPM, including whether
the information will have practical
utility;
2. Evaluate the accuracy of OPM’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 August 19, 2013.
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 Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street NW., Room
10235, Washington, DC 20503,
Attention: Jasmeet K. Seehra, OMB Desk
Officer or sent via email to
[email protected] or faxed
to (202) 395–6974; and Federal
Investigative Services, U.S. Office of
Personnel Management, 1900 E Street
NW., Washington, DC 20415, Attention:
Donna McLeod or sent by email to
[email protected].
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 20415, Attention:
Donna McLeod or sent by email to
[email protected].

FOR FURTHER INFORMATION CONTACT:

This
notice announces that OPM submitted
to OMB a request for review and
clearance of the revised information
collection of information, Questionnaire
for National Security Positions, SF 86,
which is housed in a system named eQIP (Electronic Questionnaires for
Investigative Processing) and is an
information collection completed by

SUPPLEMENTARY INFORMATION:

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applicants for, or incumbents of, Federal
Government civilian or military
positions, or positions in private entities
performing work for the Federal
Government under contract. The
collection is used as the basis of
information by the Federal Government
in conducting background
investigations, reinvestigations, and
continuous evaluations, as appropriate,
of persons under consideration for or
retention in national security sensitive
positions as defined in Executive Order
10450 and 5 CFR part 732, for positions
requiring eligibility for access to
classified information under Executive
Order 12968, and by agencies in
determining whether a person
performing work for or on behalf of the
Federal Government under a contract
should be deemed eligible for logical or
physical access when the nature of the
work is sensitive and could bring about
a material adverse effect on national
security. The SF 86 is completed by
civilian employees of the Federal
Government, military personnel, and
non-Federal employees, including
Federal contractors and individuals
otherwise not directly employed by the
Federal Government but who perform
work for or on behalf of the Federal
Government. For applicants for civilian
Federal employment, the SF 86 is to be
used only after a conditional offer of
employment has been made.
OPM seeks approval for the use of a
common form to be used by all Federal
agencies. It is estimated that 263,566
non-Federal individuals will complete
the SF 86 annually for investigations
conducted by OPM. The SF 86 takes
approximately 150 minutes to complete.
The estimated annual burden for this
form, when used in OPM investigations,
is 658,915 hours. The web-based system
application that houses the SF 86 is eQIP (Electronic Questionnaires for
Investigations Processing) is a. This
electronic data collection tool provides
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

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for those persons who have pertinent
information to provide regarding that
line of questioning. For that reason, 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 information and certify that data.
In this instance, time to complete the
form is reduced significantly.
Once OMB approves the use of this
common form, all Federal agencies
using the form not in connection with
an OPM investigation may request the
use of this common form without
additional 60- or 30-day notice and
comment requirements. At that point,
each such agency will account for its
number of respondents and the burden
associated with the agency’s use.
The 60-day notice of the proposed
information collection was published in
the Federal Register on March 12, 2013
(Federal Register Notices/Volume 78,
Number 48, page 15755–15756), as
required by 5 CFR Part 1320, affording
the public an opportunity to comment
on the form. Comments were received
from the Department of Energy-Idaho
National Laboratory (DOE–INL), the
Department of Veterans Affairs (VA), the
United States Air Force (USAF), Health
and Human Services (HHS–CMS),
Department of Homeland SecurityImmigration and Customs Enforcement
(DHS–ICE), the Office of the Secretary of
Defense (OSD–CPMS), Federal Aviation
Administration (FAA), and commenters
from the public and OPM. Five
advocacy groups, the Bazelon Center for
Mental Health Law, Mental Health
America, Consortium of Citizens with
Disabilities (CCD), Family Equality
Council, and Department of Justice
(DOJ) Pride, submitted comments.
Family Equality Council commented
that OPM should add ‘‘legally
recognized civil union/domestic
partner’’ throughout the form where the
word ‘‘spouse’’ is used. OPM accepted
this recommendation and will include
consistent language throughout the form
to more accurately collect information
regarding legally recognized
relationships.
A commenter from the public
recommended updating regulations
cited under the ‘‘Authority to Request
this Information’’ section and amend to

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show that EO 9397 was amended by EO
13748. This recommendation was
accepted.
A commenter from the USAF
recommended administrative edits
explaining the use of ‘‘IO’’ for initial
only, and ‘‘NMN’’ for no middle name.
This recommendation was not accepted
because current instructions in the
electronic application provide
explanations for each acronym.
Commenters from USAF also
provided recommendations to remove
‘‘not applicable’’ for Social Security
number in section 4 (SSN) and to
remove the requirement to list three
possible contact numbers as directed in
section 7 (Your Contact Information).
The recommendation for removal of the
‘‘not applicable’’ option for the Social
Security Number was not accepted. Not
all respondents completing the
questionnaire possess Social Security
numbers, and therefore inclusion of the
‘‘not applicable’’ option is appropriate.
The recommendation to remove the
requirement to list three possible
contact numbers was accepted, in part.
Having access to multiple telephone
numbers improves the opportunity for
investigators to contact applicants as
necessary throughout the investigation
process. Revised guidance will be
provided in section 7 to clarify that only
one telephone number is required, but
the other two numbers will facilitate
completion of the background
investigation.
Recommendations from the public
and an OPM commenter included
changes to section 9 (Citizenship),
section 17 (Marital Status), and section
18 (Relatives) regarding the collection of
information in instances of derivative
U.S citizenship, and changes to the
branching questions to display
supporting documentation options to
match claimed citizenship status. The
recommendations were accepted in
order to improve the accuracy of
responses in these areas.
Comments were received from HHS–
CMS and USAF regarding information
collected in section 11 (Residence). The
HHS–CMS commenter recommended
adding an option to include ‘‘other
periods of activity’’ instead of entering
addresses multiple times. The
commenter from USAF recommended
adding instructions to this section for
applicants not to list the same person
more than one time as a reference.
These recommendations were not
accepted. Branching logic in e-QIP
assists in the reporting of multiple
periods of activity at the same location.
The recommendation to limit references
identified in this section may cause
additional burden on applicants in the

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Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Notices
event that they may have limited
acquaintances/references to provide
who can verify the period of residence.
Commenters from OPM submitted
recommendations to collect additional
information in two sections of the form
to assist investigators in contacting
required references. One
recommendation is to collect landlord
information for rental property reported
in section 11 (Residence). The other
recommendation is to collect the
telephone number of former spouse(s)
reported in section 17 (Marital Status).
These comments were accepted. In
addition, OPM intends to provide ‘‘I
don’t know’’ as an option for these
questions.
Commenters from USAF and OPM
submitted recommendations to change
the instructions provided in section 12
(Education). Recommendations
included modifying the requirement to
list all schools to include high school,
clarifying instructions to list multiple
degrees/diplomas, and rewording
instructions to have the applicant
provide ‘‘name of person who can
verify/validate your attendance while at
the school.’’ These recommendations
were not accepted. The need to provide
all educational activity is not supported
by investigative standards associated
with the use of the form and would
result in applicants providing more
information than necessary. Branching
questions in e-QIP provide guidance for
applicants to list multiple degrees/
diplomas as appropriate. In regard to the
need to provide additional guidance for
listing educational references,
instructions in the current form are
sufficient as they indicate that
applicants should ‘‘list a person who
knew you at the school (instructor,
student, etc.).’’
A commenter from USAF
recommended the elimination of the
block in section 15 (Military History) for
Service Number or the inclusion of
more instructions regarding what
information is to be reported in that
block. OPM did not accept this
recommendation at this time.
Additional research is needed to
determine the usefulness of information
found in this field.
Recommendations were received from
USAF and OPM commenters to provide
additional instructions for section 16
(People Who Know You Well). The
recommendations were to add verbiage
instructing applicants not to list
references already used as a reference
elsewhere, and to provide instructions
that all references should be people
with whom Subject has had social
contact in the last 7 years. These
recommendations were not accepted as

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current guidance already addresses both
recommendations.
Commenters from USAF submitted
recommendations regarding section 18
(Relatives). Recommendations included
requests to limit the collection of
information pertaining to deceased
family members who were foreign
nationals, to add step in-laws as
relatives, and to provide clarifying
guidance that children are to be listed
no matter their age and regardless of
whether they are living at home. These
recommendations were not accepted.
Current branching logic with the
electronic form collects only limited
information pertaining to deceased
relatives. The relative list as shown is
section 18 provides support for
investigative coverage requirements.
The list may not identify all relatives
that an applicant would like to list on
the form. For this reason applicants are
provided an additional comment field to
list other relatives beyond the standard
requirement.
Family Equality Council commented
that asking applicants to list their
mothers’ maiden name is duplicative
and unnecessary and recommends
removal of the ‘‘mothers’ maiden name’’
field in section 18 (Relatives). This
comment was not accepted because the
mother’s maiden name is needed to
conduct certain checks associated with
the subject of the investigation. In
addition, the reporting is not
duplicative because there is an option to
indicate that the name is the same as
previously listed in this section.
A commenter from USAF questioned
why foreign contacts related to official
U.S Government business are not
required to be reported, as shown in
section 20B (Foreign Business,
Professional Activities, and Foreign
Government Contacts). This comment
was not accepted because the
requirement to collect contacts in
relation to U.S Government business
may create duplication of reporting
requirements by applicants in
connection to work-related Government
travel. In addition, information
regarding U.S Government travel can be
validated through other portions of the
investigative process.
Several comments were received
regarding proposed changes to section
21 (Psychological and Emotional
Health). Bazelon Center for Mental
Health Law, Mental Health America,
and Consortium of Citizens with
Disabilities (CCD) recommend that OPM
eliminate language suggesting that
mental health treatment is relevant to a
person’s eligibility for a security
clearance, eliminate inquiry about
failure to follow treatment advice

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42985

related to a mental health condition,
and modify the inquiry about mental
health conditions to inquire instead
about concerning behaviors. These
comments were not accepted because
the text at issue is needed under the
adjudicative guidelines for eligibility for
access to classified information
prescribed under E.O. 12968. The same
commenters also recommended that
OPM not include any language in
question 21 suggesting that mental
health treatment could be evidence of
impaired judgment, reliability, or
trustworthiness. The current proposal is
already consistent with the thrust of this
comment, however. The revised
question already states that seeking
mental health counseling will not
prevent the respondent from obtaining
or retaining a national security position,
and that seeking wellness and recovery
may favorably impact eligibility.
A commenter from OSD–CPMS asked
for a description of the specific changes
expected for this question. The
proposed revision to section 21 will
inquire as to whether the respondent
has, in the last 7 years, had a mental
health condition that adversely affected
his or her judgment, reliability, or
trustworthiness; whether the respondent
has been hospitalized for any reason
related to a mental health condition;
whether, in the last 7 years, the
respondent has chosen not to follow a
prescribed course of mental health
treatment; and whether a court or
administrative agency has ever declared
the respondent mentally incompetent.
Branching questions collect information
about treatment arising from
circumstances that require affirmative
responses, as appropriate.
Regarding section 22 (Police Record),
a commenter from FAA recommended
changing language found in the ‘‘have
you ever’’ questions to specifically
require the applicant to include all
arrests. The commenter claimed that the
phrasing of certain questions involving
section 22 leaves room for
interpretation. The comment was not
accepted because the change suggested
is overly broad and would require the
applicant to provide information
outside of the investigative
requirements.
A commenter from DHS
recommended that the clarifying
language proposed for section 23 (Illegal
Use of Drugs) is best served in the
general instructions for the form. This
comment was not accepted as the
proposed clarifying instruction at the
section is sufficient to inform applicants
of the requirement to list illegal drug
use consistent with Federal laws.

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Comments were received from DOE–
INL, HHS–CMS, OPM, and the public
related to the functionality of the e-QIP
application. The recommendations were
not accepted because the comments do
not pertain to content of the
questionnaire but focus on the
application. Recommendations included
the need to provide additional support
for the ‘‘agency reviewer’’ role in e-QIP,
the rejection process, receipt of error
messages, the ability to print a compact
version of the questionnaire, support for
digitally signing signature release forms,
the ability to save partial data, and
expanding characters used in certain
fields. The recommendations were
referred to the appropriate OPM
personnel who have responsibility for
the functionality of the e-QIP
application.
A commenter with the USAF
questioned the requirement for the
respondent to provide information
regarding a spouse or cohabitant
without that person’s written consent.
OPM did not accept this comment.
Information collected for the spouse/cohabitant is necessary to fulfill
requirements for the level of background
investigation requested on the
respondent, which may include a
spouse/cohabitant national agency
check. Because the spouse/cohabitant is
neither the subject of the investigation
nor the subject of the resulting report of
investigation, his or her written consent
is not required by the Privacy Act or by
5 U.S.C. 9101.
A commenter with USAF requested
publication of a policy that strictly
prohibits the use of the SF 86
applications and information for any
purposes outside of the official security
clearance process. In response, OPM
notes that written guidance is provided
under the following sections of the
instructional portion of the form:
Purpose of the Form, Disclosure
Information, and Privacy Act Routine
Uses. The collection, maintenance, and
disclosure of background investigative
information are governed by the Privacy
Act. Disclosure is also controlled under
5 CFR part 736 and E.O. 10450.
U.S. Office of Personnel Management.
Elaine Kaplan,
Acting Director.
[FR Doc. 2013–17240 Filed 7–17–13; 8:45 am]
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Submission for Review: Survivor
Annuity Election for a Spouse, RI 20–
63; Cover Letter Giving Information
About The Cost To Elect Less Than the
Maximum Survivor Annuity, RI 20–116;
Cover Letter Giving Information About
The Cost To Elect the Maximum
Survivor Annuity, RI 20–117
U.S. Office of Personnel
Management.
ACTION: 30-Day Notice and request for
comments.
AGENCY:

The Retirement Services,
Office of Personnel Management (OPM)
offers the general public and other
Federal agencies the opportunity to
comment on a revised information
collection request (ICR) 3206–0174,
Survivor Annuity Election for a Spouse
(RI 20–63), Cover Letter Giving
Information About The Cost to Elect
Less Than the Maximum Survivor
Annuity (RI 20–116), Cover Letter
Giving Information About The Cost to
Elect the Maximum Survivor Annuity
(RI 20–117). 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
information collection was previously
published in the Federal Register on
March 1, 2013, at Volume 78 FR 13914
allowing for a 60-day public comment
period. No comments were received for
this information collection. The purpose
of this notice is to allow an additional
30 days for public comments. 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 functions
of OPM, including whether the
information will have practical utility;
2. Evaluate the accuracy of OPM’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.

SUMMARY:

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Comments are encouraged and
will be accepted until August 19, 2013.
This process is conducted in accordance
with 5 CFR 1320.1.

DATES:

OFFICE OF PERSONNEL
MANAGEMENT

Interested persons are
invited to submit written comments on
the proposed information collection to
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, by email to
[email protected], or faxed
to (202) 395–6974.

ADDRESSES:

A
copy of this ICR, with applicable
supporting documentation, may be
obtained by contacting 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, by
email to [email protected],
or faxed to (202) 395–6974.

FOR FURTHER INFORMATION CONTACT:

RI 20–63
is used by an annuitant to elect a
reduced annuity with a survivor annuity
for his or her spouse. RI 20–116, a cover
letter for RI 20–63, gives information
about the cost to elect less than the
maximum survivor annuity. This letter
is used to supply the information that
may have been requested by the
annuitant about the cost of electing less
than the maximum survivor annuity. RI
20–117, a cover letter for RI 20–63,
provides information about the cost to
elect the maximum survivor annuity.
This letter may be used to ask for more
information.

SUPPLEMENTARY INFORMATION:

Analysis
Agency: Retirement Operations,
Retirement Services, Office of Personnel
Management.
Title: Survivor Annuity Election for a
Spouse/Cover Letter Giving Information
About The Cost to Elect Less Than the
Maximum Survivor Annuity/Cover
Letter Giving Information About The
Cost to Elect the Maximum Survivor
Annuity.
OMB Number: 3206–0174.
Frequency: On occasion.
Affected Public: Individuals or
Households.
Number of Respondents: RI 20–63 =
2,200; RI 20–116 & RI 20–117 = 200.
Estimated Time per Respondent: RI
20–63 = 45 min.; RI 20–116 and RI 20–
117 = 10 min.
Total Burden Hours: 1,834.

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