[Federal Register Volume 80, Number 168 (Monday, August 31, 2015)]
[Notices]
[Pages 52523-52525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21627]


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U.S. OFFICE OF PERSONNEL MANAGEMENT


Notice of Submission for Approval: Information Collection 3206-
0182; Declaration for Federal Employment, Optional Form (OF) 306.

AGENCY: U.S. Office of Personnel Management.

ACTION: 30-Day Notice and request for comments.

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SUMMARY: The Federal Investigative Services (FIS), U.S. Office of 
Personnel Management (OPM) is notifying the general public and other 
federal agencies that OPM is seeking Office of Management and Budget 
(OMB) approval of a revised information collection, control number 
3206-0182, Declaration for Federal Employment, Optional Form (OF) 306. 
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 providing an additional 30 days for public comments. OPM 
previously solicited comments for this collection, with a 60-day public 
comment period, at 79 FR 47693 (August 14, 2014).

DATES: Comments are encouraged and will be accepted until September 30, 
2015. This process is conducted in accordance with 5 CFR 1320.10.

ADDRESSES: Interested persons are invited to submit written comments on 
the proposed information collection to the Office of Information and 
Regulatory Affairs, Office of Management Budget, 725 17th Street NW., 
Washington, DC

[[Page 52524]]

20503, Attention: Desk Officer for the Office of Personnel Management 
or sent via electronic mail to [email protected] or faxed to 
(202) 395-6974.

FOR FURTHER INFORMATION CONTACT:  A copy of this information 
collection, with applicable supporting documentation, may be obtained 
by contacting Federal Investigative Services, U.S. Office of Personnel 
Management, 1900 E Street NW., Washington, DC 20415, Attention: Donna 
McLeod or by electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: This notice announces that OPM has submitted 
to OMB a request for review and clearance of a revised information 
collection, control number 3206-0182, Declaration for Federal 
Employment, Optional Form (OF) 306. The public has an additional 30-day 
opportunity to comment.
    The Declaration for Federal Employment Optional Form (OF) 306 is 
completed by applicants who are under consideration for Federal or 
Federal contract employment. It collects information about an 
applicant's selective service registration, military service, and 
general background. The information collected on this form is mainly 
used to determine a person's acceptability for Federal and Federal 
contract employment, and his or her retirement status and life 
insurance enrollment. The information on this form may be used in 
conducting an investigation to determine a person's suitability or 
ability to hold a security clearance, and it may be disclosed to 
authorized officials making similar, subsequent determinations.
    The OF 306 asks for personal identifying data and information about 
violations of the law past convictions, imprisonments, probations, 
parole, military court martial, delinquency on a Federal debt, 
Selective Service Registration, United States military service, Federal 
civilian or military retirement benefits received or applied for, and 
life insurance enrollment.
    The 60-day Federal Register Notice was published on August 14, 2014 
(Federal Register Notices/Volume 79, Number 157, pages 47693-47694). 
Comments were received from an employee of the Department of Homeland 
Security (DHS), an employee of the Equal Employment Opportunity 
Commission (EEOC), and advocacy groups National Employment Law Project 
(NELP), William E. Morris Institute for Justice, Civil Rights 
Restoration Clinic/Rogers College of Law/University of Arizona, Sargent 
Shriver National Center on Poverty Law, NAACP Legal Defense and 
Educational Fund, Inc. (LDF), and Center for Community Change (CCC).
    OPM accepted, with modifications, a commenter's recommendation to 
add `Males Only' verbiage to Item 7, Selective Service Registration 
instructions. OPM amended the verbiage from `Are you a male born after 
December 31, 1959?' to `Were you born a male after December 31, 1959?' 
OPM did not accept a commenter's recommendation to provide additional 
instructions regarding the use of the blank space provided with item 
16. Instructions on the form already explain the use of this area.
    OPM did not accept recommendations from NELP, William E. Morris 
Institute for Justice, Civil Rights Restoration Clinic/Rogers College 
of Law/University of Arizona, Sargent Shriver National Center on 
Poverty Law, and CCC, to remove Item 9, the criminal history question, 
or delay presentation of the question to the applicant. Recommendations 
to remove or delay presentation of the question indicated that the 
change would provide fairness to all applicants during the hiring 
process. OPM did not accept this recommendation because it is not 
consistent with governing policies or current regulation. In accordance 
with 5 CFR 731.103(d), agencies may begin to determine an applicant's 
suitability at any time during the hiring process. It is generally more 
practical and cost-effective to first ensure that the applicant is 
eligible for the position, deemed by OPM or the Delegated Examining 
unit to be among the best qualified, and/or within reach of selection. 
However, in certain circumstances, such as filling law enforcement 
positions, an agency may choose to initiate a preliminary suitability 
review at the time of the application. We note that feedback received 
from federal agencies in response to a recent survey conducted by OPM 
revealed that that most agencies request completion of the OF 306 after 
the tentative offer of employment. OPM is currently conducting a review 
of 5 CFR part 731 regarding application of the OF 306. If it is 
determined that future changes to the regulation support the 
recommendation to delay presentation of the OF 306 to applicants, the 
appropriate instructional changes to the form will be made at that 
time.
    NAACP LDF recommends removal of Items 9 through 11 or to require 
completion of the OF 306 at the end of the hiring process, to ensure 
that qualified applicants with criminal records, particularly persons 
of color, have equal opportunities to compete for and obtain federal 
employment. In addition, NAACP LDF also questioned the timeframes 
required to report felonies, firearms or explosive violations, 
misdemeanors, and all other offenses in the past seven years; and the 
timeframe identified to collect military court-martial information. 
According to NAACP LDF, the types of prior convictions and the 
timeframes included in these questions are overbroad. In addition NAACP 
LDF indicated that the questions are duplicative of questions presented 
on forms required by applicants for public trust and national security 
positions.
    OPM did not accept these recommendations. In accordance with 5 CFR 
731.103(d) and as explained above, agencies are provided the 
flexibility to determine the appropriate timing to collect information 
required by the OF 306. It is important to reiterate that in most 
situations, agencies present the OF 306 only after the conditional 
offer of employment is made to the applicant.
    In regard to the timeframe identified to collect information for 
items 9-11, questions as shown on the OF 306 have been carefully 
considered and deemed appropriate to inform assessment of suitability 
for Federal employment or fitness to perform work for the government 
under a contract. Questions 9-11 are carefully tailored for this 
purpose. They do not ask about arrests. Nor do they ask about charges 
without dispositions, except when the charges are current. They ask 
only about convictions, imprisonment, parole, and probation for 
criminal offenses within the past seven years. Seven years is a 
reasonable scope for questions about recent convictions, imprisonment, 
parole, and probation that may affect suitability or fitness to work 
for or on behalf of the Federal government.
    OPM disagrees with the comment that questions 9-11 are cumulative 
of questions on the Questionnaire for Public Trust Positions and the 
Questionnaire for National Security Positions. The OF 306 may be used 
for preliminary suitability screening or for making an objection to a 
candidate or requesting to pass over a candidate. The Questionnaire for 
Public Trust Positions and the Questionnaire for National Security 
Positions are forms used to initiate background investigations that 
typically occur later in the hiring process.
    A commenter recommended OPM add the following language to the 
introductory paragraph associated with questions 9, 10, and 11: ``For 
Questions 9, 10, and 11, consideration will include assessing, at 
least, the nature of the crime, the time elapsed since the

[[Page 52525]]

criminal conduct occurred, and the nature of the specific job in 
question.'' The instruction for questions 9 through 13 already includes 
an advisement that the circumstances of each event listed will be 
considered and in most cases, the respondent can still be considered 
for Federal jobs.
    A commenter also recommended that OPM direct agencies to afford 
screened-out applicants an opportunity to fully explain the 
circumstances of their conviction or charge in light of these factors. 
OPM did not accept this recommendation. OPM has already provided 
extensive guidance to agencies regarding suitability assessments and 
consideration of information collected during the hiring process; and 
the commenter's reference to screen-outs appears to misconstrue the 
individualized nature of Federal hiring and suitability decisions. As 
stated in the form instructions, ``In most cases you can still be 
considered for Federal jobs'' if you have a conviction record.
    A commenter recommended OPM amend the instruction for question 11, 
``Are you currently under charges for any violation of the law?'' from 
requiring an explanation of the violation to requiring an explanation 
of the charges. OPM accepted this recommendation. The wording change 
will help elicit truthful responses in cases where the respondent 
contests whether a ``violation'' actually occurred.
    A commenter recommended OPM highlight the instructions in Item 16, 
Continuation Space/Agency Optional Questions. OPM did not accept this 
recommendation. Instructions are provided on the form regarding the 
purpose of the Continuation Space/Agency Optional Questions. OPM 
accepted a commenter's recommendation to amend instructional verbiage 
in Item 17 to clarify that the instruction applies to individuals who 
are applying for a position and have not yet been selected as well as 
individuals who have received a tentative or condition offer of 
employment.
    This ICR requests categorizing this form as a common form. Once OMB 
approves the use of this common form, all Federal agencies using the 
form not in connection with OPM's own use investigation may request the 
use of this common form without additional 60 or 30 day notice and 
comment requirements. At that point, each such agency will account for 
its number of respondents and the burden associated with the agency's 
use.
    Analysis:
    Agency: Federal Investigative Services, U.S. Office of Personnel 
Management.
    Title: Declaration for Federal Employment, Optional Form (OF) 306.
    OMB Number: 3206-0182.
    Affected Public: Applicants who are under consideration for Federal 
or Federal contract employment.
    Number of Respondents: 265,385.
    Estimated Time per Respondent: 15 minutes.
    Total Burden Hours: 66,346.

U.S. Office of Personnel Management.
Beth Cobert,
Acting Director.
[FR Doc. 2015-21627 Filed 8-28-15; 8:45 am]
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