[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