[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] ======================================================================= ----------------------------------------------------------------------- OFFICE OF PERSONNEL MANAGEMENT Proposed Revision of SF 85, SF 85P, and SF 86 AGENCY: Office of Personnel Management. ACTION: Notice. ----------------------------------------------------------------------- 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