[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28343]
[[Page Unknown]]
[Federal Register: November 16, 1994]
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OFFICE OF PERSONNEL MANAGEMENT
Proposed Revision of SF 85, SF 85P, and SF 86
AGENCY: Office of Personnel Management.
ACTION: Notice.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1980 (Title
44, U.S. Code, chapter 35), this notice announces a proposed revision
of three forms that collect information from the public.
The Standard Form 85, Questionnaire for Non-Sensitive Positions, is
completed by appointees to Non-Sensitive duties with the Federal
Government. Information collected on this form is used by the Office of
Personnel Management and by other Federal agencies to initiate the
background investigation required to determine basic suitability for
Federal employment in accordance with 5 U.S.C. 3301, 3302, and E.O.
10577 (5 CFR Rule V). The number of respondents annually who are not
Federal appointees is expected to be 10 with total reporting hours of
5.0.
The Standard Form 85P, Questionnaire for Public Trust Positions, is
completed by persons seeking placement in positions currently labeled
``public trust'' positions because of their enhanced responsibilities,
and for certain sensitive positions that do not require access to
classified information. Information collected on this form is used by
the Office of Personnel Management and by other Federal agencies to
initiate the background investigation required to determine suitability
for placement in public trust/other sensitive, non-access positions in
accordance with 5 U.S.C. 3301, 3302, E.O. 10577 (5 CFR Rule V), and
Office of Management and Budget Circular A-130, Management of Federal
Information Resources, revised June 25, 1993, and its Appendix III,
Security of Federal Automated Computer Systems, issued December 12,
1985. The number of respondents annually who are not Federal employees
is expected to be 1500 with total reporting hours of 1500.
The Standard Ford 86, Questionnaire for National Security
Positions, is completed by persons performing, or seeking to perform,
national security duties for the Federal Government. This information
collection also includes Standard Form 86A, Continuation Sheet for
Questionnaires SF 86, SF 85P, and SF 85, which is used to provide
formatted space to continue answers to questions. Information collected
on this form is used by the Office of Personnel Management and by other
Federal agencies to initiate the background investigation required to
determine placement in national security positions in accordance with
42 U.S.C. 2165, 22 U.S.C. 2584, 50 U.S.C. 781 to 887, and E.O. 10450,
Security Requirements for Government Employment, issued April 27, 1953.
The number of respondents annually who are not Federal employees is
expected to be 172,150 with total reporting hours of 258,225.
For copies of this proposal call Doris Benz on (703) 908-8564.
DATES: Comments on this proposal should be received on or before
December 16,1994.
ADDRESSES: Send or deliver comments to: Joseph Lackey, Information Desk
Officer, Office of Information and Regulatory Affairs, Office of
Management and Budget, New Executive Office Building NW., Room 3002,
Washington, DC 20503.
Copies of comments sent to OMB may also be sent to: John J.
Lafferty, Deputy Associate Director for Investigations, Office of
Personnel Management, P.O. Box 886, Washington, DC 20044-0886.
FOR FURTHER INFORMATION CONTRACT: John J. Lafferty, (202) 376-3800.
SUPPLEMENTARY INFORMATION: OPM is proposing for public comment new
standard questionnaires that will be used by all Federal agencies as
the basis for individual background investigations. The Questionnaire
for National Security Positions (SF 86) is designed for use by all
Federal agencies as the basis for investigations preliminary to
granting an individual access to classified national security
information or access to sensitive nuclear information or materials.
The Questionnaire for Public Trust Positions (SF 85P) will similarly
serve as the basis for investigations concerning suitability for
positions requiring special public trust where suitability for
positions requiring special public trust where such positions do not
involve access to classified national security information, such as
those in law enforcement. The third form, the Questionnaire for Non-
Sensitive Positions (SF 85), is signed for positions not involving
special public trust or requiring access to classified national
security information.
The proposed forms where developed both to reduce the intrusiveness
of investigations without compromising security and to facilitate the
portability of security clearances within the Federal Community. The
forms will replace separate forms currently used by the Department of
Defense, the Office of Personnel Management, and other Federal
agencies, as well as supplemental forms used by some agencies. They
will become the only such questionnaires used by Federal agencies for
this purpose.
Use of Less Intrusive Forms
Currently, individuals who have ``sensitive'' duties as well as
individuals who have access to national security information are
required to complete the most intrusive forms, such as the current SF
86. We are revising this approach so that only individuals needing a
security clearance for access to classified national security
information will be required to complete the SF 86. Individuals who
perform sensitive duties, such as those who may work in a sensitive
facility, that do not require access to classified national security
information will use a less intrusive form, the SF 85P.
Use of Existing Forms
During the course of developing the proposed forms, it became
apparent that there was some confusion as to the appropriate use of the
current forms. In some cases, contractors were inappropriately using
the SF 86 as a job application to screen prospective employees.
Additionally, some agencies were using the SF 86 where immediate access
to classified national security information was not needed. The
instructions on each of the new forms have been clarified to show that
they will be used only after an individual is employed or has been
given a conditional offer of employment. furthermore, each new form
explains precisely the types of positions for which the form is to be
used. The SF 86 will be used only for those positions requiring access
to classified national security information or access to sensitive
nuclear information or materials. The SF 85P will be used for positions
of public trust where access to classified national security
information is not required. The SF 85 will be used for other non-
sensitive positions.
Mental Health Inquiries
Questions have also been raised concerning a negative perceptions
of mental health counseling to which the existing forms may be
contributing. In addition, concerns were raised about the expansive and
intrusive nature of current mental health inquiries.
Some individuals apparently have the impression that consulting a
mental health professional can jeopardize one's ability to obtain or
retain a security clearance. Not only is this impression incorrect, but
seeking such help can be a positive factor in a clearance adjudication.
Several revisions have been made to the mental health question to
help communicate this message. The mental health question itself has
been changed so it does not refer to ``problems''. Instead, it simply
asks about any concerning mental health conditions.
Significantly, the revised forms will reduce the number of people
questioned about mental health treatment. This is because an inquiry
into past mental health consultations is not relevant in all cases.
Where a job's duties include access to classified national security
information, the SF 86, which contains the mental health question, will
be used. The SF 85P or SF 85, however, do not include mental health
questions. If an agency decides that an individual's duties require a
mental health inquiry, the agency must justify its need to the Office
of Personnel Management. If it successfully does so, it may then use a
supplemental form which contains the question.
Where a mental health question is used, certain kinds of counseling
need not be reported. Specifically, the question exempts marital,
family and grief counseling not related to violent acts by the
individual under investigation from being reported. This is because
such information is not relevant to a determination as to whether an
individual obtains a security clearance. In addition, the mental health
question will now refer only to treatment/consultation received within
the past seven years, rather than one's entire life.
Finally, even where the mental health question is asked and
answered affirmatively, an Investigator's inquiry into the relevant
mental consultation will be limited. A separate Authorization for
Release of Information must be signed by the subject of the
investigation which authorizes an Investigator to seek mental health
information from a mental health care provider. That release will only
authorize an Investigator to ask three specific questions. This
narrower release will place limits on the authority granted to
Investigators without depriving them of relevant information.
Drug Use Inquiries
The questions on both the SF 86 and the SF 85P concerning illicit
drug use include language that grants the respondent immunity from
criminal prosecution based upon a truthful answer to the questions.
This addition has been made principally to improve the accuracy of
responses to this question, and thus enhance the reported in response
to this question has not been used for criminal actions against
individuals.
The scope of the question about past drug use has been limited to 7
years on the SF 86, to be consistent with the proposed revised scope of
a national security investigation. In addition, the question concerning
past drug use (more than one year ago), will not be asked on the SF
85P. Like the mental health question, it will only be asked after an
agency justifies use of the supplemental form based on the duties of
the individual and receives approval from OPM.
Simplification of Other Questions
Several of the forms being replaced inquire into areas such as past
drug use, foreign countries visited, charges for minor arrest offenses,
or credit records over an individual's entire life. The proposed SF 86
limits the time of inquiry on such questions to the most recent seven
years. This change represents a significant reduction in the
information required by current forms without depriving adjudicators of
relevant, probative information.
Office of Personnel Management.
James B. King,
Director.
[FR Doc. 94-28343 Filed 11-15-94; 8:45 am]
BILLING CODE 6325-01-M
