SF 85P Adjudication of Comments Rreceived from 30 Day FRN--ROCIS

SF 85P--Adjudication of Comments Received From 30 Day FRN (Published 4-14-17)
Agency/Public	Name, Email, Telephone	Section	Original Text	Recommended Change	Comment/Rationale	Accept/Reject Comment/Rationale
PAC PMO		Instructions	The SF85P does not contain language under the “Investigative Process” section to supports continuous vetting (CV	Add language to notify applicants they may be subjected to CV, e.g  “after a suitability determination is made, you may also be subject to periodic reinvestigations or continuous vetting to ensure your continuing suitability for employment”.		Accept the need to have information added to inform the applicant of some type of continuous process may occur beyond the initial investigation.  The acknowledgement is needed not only in the introductory portion but also recommend adding language to the general release.
PAC PMO		Instructions	“after a suitability determination is made, you may also be subject to periodic reinvestigations to ensure your continuing suitability for employment”	The statement “after a suitability determination is made, you may also be subject to periodic reinvestigations to ensure your continuing suitability for employment” under the “Authority to Request this Information” section is inconsistent with policy and fails to include those with “fitness” determinations.  It is the belief of the PAC PMO that employees must be notified of possible actions the hiring agency may impose.	Policy: 5 CFR 731 limits suitability actions to the first year of employment in the competitive service.  All other adverse personnel actions for competitive service employees must be taken under 5 CFR 752.  Modify the sentence to include those employees that fall under the “fitness” category. Be more specific on the actions that that agencies may take an employee does not meet standards for public trust periodic reinvestigation or continuous evaluation assessments. Example: “after a suitability or fitness determination is made, you may also be subject to periodic reinvestigations or continuous vetting to ensure your continuing eligibility for employment”.	Accept in part – recommend modifying the statement to include “after a suitability/fitness determination is made….”  In regards to the second part of the comment - taking an action under 5 CFR 752, the current question does not address what action will occur but just states that the information will be used to determine if an individual is still suitable to occupy the position.  If deemed unsuitable the action required to issue some type of adverse personnel action is not part of the question.
				Additional Recommendation:  If accepted, it is recommended that OPM resubmit the SF 85P for a 30 day comment period due to the impact of the changes on employees covered by the SF 85P.		Not sure why PAC-PMO feels it is necessary to republish the notice.
PAC PMO		Section 13 – Employment Activities	“Fired”, “Quit after being told you would be fired”, “Left by mutual agreement following charges or allegations of misconduct,”  or “Left by mutual agreement following notice of unsatisfactory performance.”	Recommend clarifying the reasons why the subject left employment.  Currently, the responses include “Fired”, “Quit after being told you would be fired”, “Left by mutual agreement following charges or allegations of misconduct,”  or “Left by mutual agreement following notice of unsatisfactory performance.”   These questions can (and are) interpreted by the subject and employers many different ways.  Also, the questions on the questionnaire as to why a S/ left employment need to be identical to those on the employment voucher and OF306, which they are not now.		Reject – The applicant should complete the questionnaire based on his/her situation.  In regards to differences between the forms – the focus should be to make sure the appropriate questions are being presented to solicit information needed to support the background investigation.
PAC PMO		Section 23 – Investigations and Clearance Record & Section 13-Employment Activities	“Have you EVER been debarred from government employment?”	Recommend moving the question, “Have you EVER been debarred from government employment?” from “Section 23 – Investigations and Clearance Record” to “Section 13 – Employment Activities.”		Reject