General Request for Investigative Information, Investigation Request for Employment Data and Supervisor Information, Investigative Request for Personal Information, Investigative...
General Request for
Investigative Information, Investigation Request for Employment
Data and Supervisor Information, Investigative Request for Personal
Information, Investigative...
Reinstatement with change of a previously approved collection
OPM should
revisit the Privacy Act Statement for this collection before it is
resubmitted to OMB for review.
Inventory as of this Action
Requested
Previously Approved
09/30/2021
36 Months From Approved
5,682,744
0
0
473,562
0
0
0
0
0
Section 3(a) of Executive Order (E.O.)
10450, as amended, states that with specified exceptions, "the
appointment of each civilian officer or employee in any department
or agency of the Government shall be made subject to
investigation," and that "in no event shall the investigation
consist of less than a national agency check . . . and written
inquiries to appropriate local law enforcement agencies, former
employers and supervisors, references, and schools attended by the
persons under investigation." This minimum investigation for
appointment in the civil service is called the National Agency
Check with Inquiries (NACI). The INV 40, 41, 42, 43, and 44 are
used to conduct the "written inquiries" portion of the NACI. They
are also used in any investigation requiring the same written
inquiries, including suitability investigations under E.O. 10577,
as amended and 5 C.F.R. part 731, for employment in positions
defined in 5 C.F.R. 731.101(b); investigations for employment in a
sensitive national security position under E.O. 10450, as amended
and 5 C.F.R. part 732; certain investigations for eligibility for
access to classified information pursuant to standards promulgated
under E.O. 12968, as amended; certain investigations for fitness
for employment in the excepted service or as a contract employee,
pursuant to investigative requirements prescribed by employing and
contracting agencies; and investigations for identity credentials
for long-term physical and logical access to Federally-controlled
facilities and information systems, pursuant to standards
promulgated under the Federal Information Security Management Act.
The INV forms 40 and 44, in particular, facilitate OPM's access to
criminal history record information under 5 U.S.C. 9101. The
content of the INV forms is also designed to meet notice
requirements for personnel investigations specified by 5 C.F.R.
736.102(c). These notice requirements apply to any "investigation .
. . to determine the suitability, eligibility, or qualifications of
individuals for Federal employment, for work on Federal contracts,
or for access to classified information or restricted areas." None
of the forms is used for any purpose other than a personnel
background investigation, as described above. The completed forms
are maintained by OPM subject to the protections of the Privacy Act
of 1974, as amended. The INV 40 is used to collect records from a
Federal or State record repository or a credit bureau. The INV 44
is used to collect law enforcement data from a criminal justice
agency. The INV 41, 42, and 43 are sent to employment references,
associates, and schools attended. The forms disclose that the
source's name was provided by the subject to assist in completing a
background investigation to help determine the subject's
suitability for employment or security clearance, and request that
the source complete the form with information to help in this
determination. Generally the subject of the investigation will
identify these employment references, associates, and schools on
his or her SF 85, SF 85P, or SF 86 questionnaire. If information is
omitted on the questionnaire, however, the information may be
provided in a follow-up contact between the subject and an
investigator. By their terms, the INV 41, 42, and 43 forms are not
to be sent to employment references, associates, and schools that
have not been identified by the subject of the
investigation.
EO: EO
10450 Name/Subject of EO: Security requirements for Government
employment
EO: EO 12968 Name/Subject of EO: ACCESS TO CLASSIFIED
INFORMATION
US Code: 5
USC CFR 736 Name of Law: TITLE 5--Administrative Personnel
EO: EO 10577 Name/Subject of EO: Amending the Civil
Service Rules and authorizing a new appointment system for the
competitive servic
US Code: 5
USC CFR 731 Name of Law: SUITABILITY
US Code: 5
USC CFR 732 Name of Law: NATIONAL SECURITY POSITIONS
US Code:
5 USC CFR 9101 Name of Law: PROCEDURES FOR STATES AND
LOCALITIES TO REQUEST INDEMNIFICATION
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Form INV 40, 41, 42, 43 General Request for Investigative Information, Investigation Request for Employment Data and Supervisor Information, Investigative Request for Personal Information, Investigative...
INV 40-44-Supporting Statement 4-2018.doc
INV 40-44 60 Day FRN Vol 83 No. 16 Wednesday January 24 2018 Page 3370.msg
General Request for Investigative Information, Investigation Request for Employment Data and Supervisor Information, Investigative Request for Personal Information, Investigative...