[Federal Register Volume 75, Number 21 (Tuesday, February 2, 2010)]
[Notices]
[Pages 5358-5359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2193]


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OFFICE OF PERSONNEL MANAGEMENT


Submission for Review: Expiring Information Collection 3206-0165

AGENCY: U.S. Office of Personnel Management.

ACTION: 60-Day Notice and request for comments.

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SUMMARY: The Federal Investigative Services Division (FISD), U.S. 
Office of Personnel Management (OPM) offers the general public and 
other Federal agencies the opportunity to comment on an expiring 
information collection request (ICR), Office of Management and Budget 
(OMB) Control No. 3206-0165, for the General Request for Investigative 
Information (INV 40), the Investigative Request for Employment Data and 
Supervisor Information (INV 41), the Investigative Request for Personal 
Information (INV 42), the Investigative Request for Educational 
Registrar and Dean of Students Record Data (INV 43), and the 
Investigative Request for Law Enforcement Data (INV 44).
    As required by the Paperwork Reduction Act of 1995, (Pub. L. 104-
13, 44 U.S.C. chapter 35) as amended by the Clinger-Cohen Act (Pub. L. 
104-106), OPM is soliciting comments for this collection. The Office of 
Management and Budget (OMB) is particularly interested in comments 
that:
    1. Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    2. Evaluate the accuracy of the agency's estimate of the burden of 
the

[[Page 5359]]

proposed collection of information, including the validity of the 
methodology and assumptions used;
    3. Enhance the quality, utility, and clarity of the information to 
be collected; and
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.

DATES: Comments are encouraged and will be accepted until April 5, 
2010. This process is conducted in accordance with 5 CFR 1320.1.

ADDRESSES: Interested persons are invited to submit written comments on 
the proposed information collection to the FISD, OPM, 1900 E Street, 
NW., Washington, DC 20415, Attention: Lisa Loss or sent via electronic 
mail to [email protected].

FOR FURTHER INFORMATION CONTACT: A copy of this ICR, with applicable 
supporting documentation, may be obtained by contacting the FISD, OPM, 
1900 E Street, NW., Washington, DC 20503, Attention: Lisa Loss or sent 
via electronic mail to [email protected].

SUPPLEMENTARY INFORMATION: 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 CFR part 
731, for employment in positions defined in 5 CFR 731.101(b); 
investigations for employment in a sensitive national security position 
under E.O. 10450, as amended and 5 CFR 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 CFR 
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.
    Procedurally, the subject of a personnel background investigation 
discloses the identity of relevant sources, such as supervisors, 
coworkers, neighbors, friends, current or former spouses, instructors, 
relatives, or schools attended, on the standard form (SF) 85, 
Questionnaire for Non-Sensitive Positions; the SF 85P, Questionnaire 
for Public Trust Positions; or the SF 86, Questionnaire for National 
Security Positions. After OPM receives a completed SF 85, SF 85P, or SF 
86, the INV forms are distributed to the provided source contacts 
through an automated mailing operation.
    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.
    Approximately 279,000 INV 40 inquiries are sent to federal and non-
federal agencies annually. The INV 40 takes approximately five minutes 
to complete. The estimated annual burden is 23,250 hours. Approximately 
2,243,000 INV 41 inquiries are sent to previous and present employers 
and supervisors. The INV 41 takes approximately five minutes to 
complete. The estimated annual burden is 186,900 hours. Approximately 
1,882,000 INV 42 inquiries are sent to individuals annually. The INV 42 
takes approximately five minutes to complete. The estimated annual 
burden is 156,800 hours. Approximately 464,000 INV 43 inquiries are 
sent to educational institutions annually. The INV 43 takes 
approximately five minutes to complete. The estimated annual burden is 
38,700 hours. Approximately 1,546,000 INV 44 inquiries are sent to law 
enforcement agencies annually. The INV 44 takes approximately five 
minutes to complete. The estimated annual burden is 128,800 hours. The 
total number of respondents for the INV 40, INV 41, INV 42, INV 43, and 
INV 44 is 6,135,200 and the total estimated burden is 511,200 hours.

U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. 2010-2193 Filed 2-1-10; 8:45 am]
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