SF 85 Supporting Statement_Aug 2021

SUPPORTING STATEMENT FOR THE
QUESTIONNAIRE FOR NON-SENSITIVE POSITIONS (SF 85)
OMB #3206-0261
Justification:
1. Explain the circumstances that make the collection of information necessary.
Identify any legal or administrative requirements that necessitate the collection.
The information collected on this form is used to determine acceptability for Federal
employment and employment by a Government contractor. The U.S. Office of
Personnel Management (OPM) ), or another investigative agency using this
information collection, is authorized to request this information under Executive
Orders 10577, 13467, and 13488, as amended, 13741, and 13764; sections 3301,
3302, and 9101 of title 5, United States Code (U.S.C.); and parts 2, 5, 731 and 736 of
title 5, Code of Federal Regulations (CFR), and Federal information processing
standards. Section 1104 of title 5 allows OPM to delegate personnel management
functions to other Federal agencies, with the proviso that it must also establish
standards applicable to the exercise of the function and exercise oversight of
compliance with applicable law.
2. Indicate how, by whom, and for what purpose the information is to be used.
Except for a new collection, indicate the actual use the agency has made of the
information received from the current collection.
The Questionnaire for Non-Sensitive Positions, SF 85 is an information collection
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 collection is used as the basis of information for background
investigations to establish that such persons are:
Suitable for employment or retention in Federal employment in a low risk, nonsensitive position, or fit for employment or retention in Federal employment in the
excepted service when the duties to be performed are equivalent to a low risk, nonsensitive position;
Fit to perform work on behalf of the Federal Government pursuant to the
Government contract, when the duties to be performed are equivalent to a low risk,
non-sensitive position;
Eligible for physical and logical access to federally controlled facilities or
information systems, when the duties to be performed by the individual are equivalent
to the duties performed by an employee in a low risk, non-sensitive position.
For applicants, the SF 85 is to be used only after a conditional offer of employment
has been made.

3. Describe whether, and to what extent, the collection of information involves the
use of automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting electronic
submission of responses, and the basis for the decision for adopting this means of
collection. Also describe any consideration of using information technology to
reduce burden.
The SF 86 standard form is used for collecting subject data to be used in official
background investigations conducted by the U.S. Government. e-QIP (Electronic
Questionnaires for Investigations Processing) is a web-based system application that
houses the SF 85. This electronic data collection tool provides data validation to
support the accuracy of the respondent’s personal information.
e-QIP automates the data collection process from the respondent, applies all required
data editing rules to the respondent-supplied information, enforces data integrity, and
provides sponsoring agencies an automated capability to review and approve each
respondent’s submission before releasing the data to an investigative services
provider (ISP). e-QIP serves as a feeder system to other governmental systems,
including ISPs and sponsoring agency personnel or security systems such as the one
at the State Department.
A respondent’s complete and certified investigative data will remain secured in the eQIP 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 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. Accordingly, the
burden on the respondent will vary depending upon how the information collected
relates to the respondent’s personal history.
4. Describe efforts to identify duplication. Show specifically why any similar
information already available cannot be used or modified for use for the
purposes described in Item 2 above.
Information collected on the SF 85 is specific to the individual and thus not readily
available from other sources, thus minimizing duplication.

5. If the collection of information impacts small businesses or other small entities
(Item 5 of OMB Form 83-I), describe any methods used to minimize burden.
Not applicable. This collection of information does not affect small businesses or
other small entities.
6. Describe the consequence to Federal program or policy activities if the collection
is not conducted or is conducted less frequently, as well as any technical or legal
obstacles to reducing burden.
The SF 85 is used to initiate background investigations required by E.O. 10577,
13467, and 13488, as amended, 13869, and 13764; sections 3301, 3302, and 9101 of
title 5, U.S.C.; parts 2, 5, 731, and 736 of title 5, CFR, and Federal information
processing standards. The collection is used as the basis of information for
background investigations to establish that applicants for, or incumbents of, Federal
Government civilian positions, or positions in private entities performing work for the
Federal Government under contract, are suitable for employment or retention in
Federal employment in a low risk, non-sensitive position, or fit for employment or
retention in Federal employment in the excepted service when the duties to be
performed are equivalent to a low risk, non-sensitive position; fit to perform work on
behalf of the Federal Government pursuant to the Government contract, when the
duties to be performed are equivalent to a low risk, non-sensitive position; or eligible
for physical and logical access to federally controlled facilities or information
systems, when the duties to be performed by the individual are equivalent to the
duties performed by an employee in a low risk, non-sensitive position.
All such positions are subject to this level of investigation. If this information is not
collected, agencies cannot comply with E.O. 10577, 13467 ,13488, 13869, and
13764. This collection of information cannot be made less frequently as it is the basis
for initial background investigations and continuous vetting, when applicable, as
established by federal investigative standards.
7. Explain any special circumstances that would cause an information collection to
be conducted in a manner inconsistent with the guidelines in 5 CFR 1320.6.
Not applicable. This information collection is in compliance with 5 CFR 1320.6.
8. If applicable, provide a copy and identify the date and page number of
publication in the Federal Register of the agency's notice, required by 5 CFR
1320.8(d), soliciting comments on the information collection prior to submission
to OMB. Summarize public comments received in response to that notice and
describe actions taken by the agency in response to these comments. Specifically
address comments received on cost and hour burden. Describe efforts to consult
with persons outside the agency to obtain their views on the availability of data,
frequency of collection, the clarity of instructions and recordkeeping, disclosure,
or reporting format (if any), and on the data elements to be recorded, disclosed,
or reported. Consultation with representatives of those from whom information

is to be obtained or those who must compile records should occur at least once
every 3 years - even if the collection of information activity is the same as in
prior periods. There may be circumstances that may preclude consultation in a
specific situation. These circumstances should be explained.
The 60 day Federal Register Notice was published on June 25, 2021 (86 FR 13524).
No comments were received.
9. Explain any decision to provide any payment or gift to respondents, other than
remuneration of contractors or grantees.
Not applicable.
10. Describe any assurance of confidentiality provided to respondents and the basis
for the assurance in statute, regulation, or agency policy.
The SF 85 includes a Privacy Act Information statement. The statement indicates that
the forms are in full compliance with 5 U.S.C. 552a (the Privacy Act of 1974) and
other laws protecting the rights of the respondent. Further, the forms note that the
information provided by the respondent, including the identity of the respondent, may
be disclosed to the respondent upon request. For this renewal, updates to the Privacy
Act Information Statement and the Disclosure Information paragraph within the
Instructions have been made to notify individuals about the transfer of background
investigations data from OPM to the Department of Defense.
A person completing the forms is granted partial confidentiality under 5 U.S.C. 552a
and 5 CFR 736. The forms contain an Authorization for Release of Information and
Fair Credit Reporting Disclosure and Authorization, signed by the person completing
the form. The authorization forms request that record custodians and sources of
information contacted during the investigation provide requested data concerning the
person being investigated. Individuals completing the forms are informed that
information obtained from record custodians and other sources is for “official use by
the Federal Government” and can be disclosed only as authorized by law. Data
reported on these forms is not released to the public under the Freedom of
Information Act.
For additional information regarding Electronic Questionnaires for Investigating
Processing Privacy Impact Assessment and notification of OPMs’ revised system of
records, please access the links provided below.
https://www.opm.gov/information-management/privacy-policy/privacypolicy/eqip.pdf
https://www.gpo.gov/fdsys/pkg/FR-2016-10-11/html/2016-24507.htm

For information regarding the system of records for the Defense Counterintelligence
and Security Agency (DCSA), which now is the primary background investigations
provider for the federal government, please access the following link:
https://www.federalregister.gov/documents/2018/10/17/2018-22508/privacy-actof-1974-system-of-records
11. Provide additional justification for any questions of a sensitive nature, such as
sexual behavior and attitudes, religious beliefs, and other matters that are
commonly considered private. This justification should include the reasons why
the agency considers the questions necessary, the specific uses to be made of the
information, the explanation to be given to persons from whom the information
is requested, and any steps to be taken to obtain their consent.
The SF 85 is an investigative tool. The collection is used as the basis of information
for background investigations to establish that applicants for, or incumbents of,
Federal Government civilian positions, or positions in private entities performing
work for the Federal Government under contract, are suitable for employment or
retention in Federal employment in a low risk, non-sensitive position, or fit for
employment or retention in Federal employment in the excepted service when the
duties to be performed are equivalent to a low risk, non-sensitive position; fit to
perform work on behalf of the Federal Government pursuant to the Government
contract, when the duties to be performed are equivalent to a low risk, non-sensitive
position; or eligible for physical and logical access to federally controlled facilities or
information systems, when the duties to be performed by the individual are equivalent
to the duties performed by an employee in a low risk, non-sensitive position.
.
The form obtains data from individuals with which to initiate an investigation to meet
the adjudicative requirements established in 5 CFR part 731. The questions represent
an effort to obtain as much relevant and required information as possible directly
from the person to be investigated, in accordance with provisions of the Privacy Act.
Questions on the SF 85 that may be considered sensitive in nature are listed and
explained below:
- Section 16 (Police Record): Inquiry into criminal history, including details regarding
criminal conduct, arrests, and convictions is appropriate so that an adjudicative
decision regarding suitability or fitness for the position may be made. This
information is also necessary to make accurate and complete checks of investigative
files.
- Section 17 (Illegal Use of Drugs or Drug Activity): Inquiry into illegal drug use is
appropriate so that an adjudicative decision regarding suitability or fitness for the
position may be made.

- Section 19 (Financial Record): Inquiry into personal finances provides information
used to determine trustworthiness, reliability, and honesty, and is especially relevant
for positions entailing fiduciary responsibilities.
- Section 20 (Association Record): Inquiry into detailed information pertinent to a
respondent’s involvement in terrorist organizations, association with persons involved
in activities to further terrorism and/or to overthrow the U.S. Government by force or
violence is appropriate so that an adjudicative decision regarding suitability or fitness
for the position may be made.
12. Provide estimates of the hour burden of the collection of information.
It is estimated that the total number of respondents for the SF 85 is 55,040 annually.
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 will vary depending on
whether the information collection relates to the respondent’s personal history. The
average of participant time spent completing the form is 120 minutes. Accordingly,
the estimated annual burden is 110,080 hours.
Form
Name

Form
No.

No. of
Respondents

No. of
Responses
per
Respondent

SF 85

32060261

55,040

1

SF 85

Average
Burden
per
Response
(in hours)

2

Number of Respondents
55,040

Total
Annual
Burden
(in
hours)

110,080

Ave.
Hourly
Wage
Rate

Total
Annual
Respondent
Cost

$18.75

$2,064,000

Burden Hours
110,080

13. Provide an estimate for the total annual cost burden to respondents or record
keepers resulting from the collection of information.
There is no cost to individual respondents.
14. Provide estimates of annualized cost to the Federal Government. Also provide a
description of the method used to estimate cost which should include
quantification of hours, operational expenses (such as equipment, overhead,
printing, and support staff) and any other expenses that would not have been
incurred without the paperwork burden.
The SF 85 is the information collection that serves as the basis for the investigation of
all individuals working for or on behalf of the Government in non-sensitive positions

or who require eligibility for physical and logical access to federally controlled
facilities or information systems, when the duties to be performed by the individual
are equivalent to the duties performed by an employee in a low risk, non-sensitive
position. The estimated annual cost to the Federal Government to perform
investigations commensurate with this collection is $40,119,660. This estimate was
derived from the current cost to conduct SF 85-based investigations according to the
average number of all SF 85-based investigations conducted in FY18, FY19 and
FY20.
Form
Name

Form
Number

Investigative
Tier

SF 85

32060261

Tier 1

Average
Number of
Submissions
(Federal
and NonFederal)
222,887

Cost per
investigation
according to
tier

Total
Annual Cost

$180

$40,119,660

15. Explain the reasons for any program changes or adjustments reported in Items
13 or 14 of the OMB Form 83-I.
No changes were made.
16. For collections of information whose results will be published, outline plans for
tabulation and publication. Address any complex analytical techniques that will
be used. Provide the time schedule for the entire project, including beginning
and ending dates of the collection of information, completion of report,
publication dates, and other actions.
Not applicable. Information collected on the forms will not be published.
17. If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons that display would be inappropriate.
Not applicable.
18. Explain each exception to the certification statement identified in Item 19,
"Certification for Paperwork Reduction Act Submissions," of OMB Form 83-I.
Not applicable.