Notice2023-04106
Notice of Submission for a New Information Collection Common Form: Personnel Vetting Questionnaire
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 28, 2023
Issuing agencies
Personnel Management Office
Abstract
The Office of Personnel Management (OPM) is notifying the general public and other Federal agencies that OPM proposes to request the Office of Management and Budget (OMB) approve a new information collection request (ICR) titled Personnel Vetting Questionnaire (PVQ). The proposed information collection will streamline multiple existing information collections, as well as the renewal cycle for them, commensurate with on-going efforts to improve personnel vetting processes and the experience of individuals undergoing personnel vetting. OPM is proposing to discontinue the information collections for OMB control numbers 3206-0261, 3206-0258, and 3206-0005 as these information collections will become parts of the new Personnel Vetting Questionnaire information collection and assigned a new OMB control number.
Full Text
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<title>Federal Register, Volume 88 Issue 39 (Tuesday, February 28, 2023)</title>
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[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12703-12705]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04106]
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OFFICE OF PERSONNEL MANAGEMENT
Notice of Submission for a New Information Collection Common
Form: Personnel Vetting Questionnaire
AGENCY: Office of Personnel Management.
ACTION: 30-Day notice and request for comments.
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SUMMARY: The Office of Personnel Management (OPM) is notifying the
general public and other Federal agencies that OPM proposes to request
the Office of Management and Budget (OMB) approve a new information
collection request (ICR) titled Personnel Vetting Questionnaire (PVQ).
The proposed information collection will streamline multiple existing
information collections, as well as the renewal cycle for them,
commensurate with on-going efforts to improve personnel vetting
processes and the experience of individuals undergoing personnel
vetting. OPM is proposing to discontinue the information collections
for OMB control numbers 3206-0261, 3206-0258, and 3206-0005 as these
information collections will become parts of the new Personnel Vetting
Questionnaire information collection and assigned a new OMB control
number.
DATES: Comments are encouraged and will be accepted until March 30,
2023.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this
particular information collection by selecting ``Currently under
Review--Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: A copy of this ICR, with applicable
supporting documentation, may be obtained by email to
<a href="/cdn-cgi/l/email-protection#9ccfe9f5e8d9ddfaf3eef1efdcf3ecf1b2fbf3ea"><span class="__cf_email__" data-cfemail="e8bb9d819cada98e879a859ba8879885c68f879e">[email protected]</span></a>, or by contacting Alexys Stanley, 202-606-1800, or
U.S. Office of Personnel Management, Suitability Executive Agent
Programs, P.O. Box 699, Slippery Rock, PA 16057.
SUPPLEMENTARY INFORMATION:
This notice announces that OPM has submitted to OMB a request for
approval of a new information request, Personnel Vetting Questionnaire
(PVQ) (OMB No. 3206-XXXX). The information collection (OMB No. 3206-
XXXX) was previously published in the Federal Register on November 23,
2022 at 87 FR 71700, allowing for a 60-day public comment period (``60-
day Notice''). OPM received approximately 280 comments from 55
commenters in response to its request for this collection, which are
addressed in the Supplemental Statement of this ICR package. The
purpose of this notice is to allow an additional 30 days for public
comments. The Office of Management and Budget is particularly
interested in comments that:
1. Evaluate whether the proposed collection of information is
necessary for the proper performance of 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 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
submissions of responses.
Background
On November 23, 2022, OPM published 87 FR 71700 requesting comment
for the new PVQ information collection. OPM received 55 submissions (5
of which were duplicate submissions) containing approximately 280
comments. Multiple comments were received on the following topics:
<bullet> Collection of sex or gender information
<bullet> Collection of information regarding past use of marijuana
<bullet> Consolidation of multiple vetting questionnaires into the PVQ
<bullet> Collection and adjudication of information regarding mental
health
<bullet> Collection and adjudication on foreign contacts and interests
In addition, multiple comments requested minor edits to the
proposed questions for clarity or to correct formatting or punctuation.
Finally, a number of comments addressed Federal policies and fell
outside the scope of comment on the proposed information collection.
All comments received are addressed in a spreadsheet included as
supporting documentation in the ICR package.
Comments Regarding Collection of Sex and Gender Information
Unlike the current investigative questionnaires, the PVQ will not
require the respondent to indicate ``Male'' or ``Female,'' and the PVQ
uses gender inclusive terminology, such as parent and sibling, rather
than terms that are not gender inclusive, such as mother, father,
sister, brother. Eight of eleven comments received regarding OPM's
approach to collection of information about sex and gender favored the
approach. OPM received three comments opposing OPM's proposal to
eliminate the requirement to indicate ``male'' or ``female.'' One
commenter was concerned about the impact on data checks. OPM previously
addressed this potential concern in the 60-day Notice. Another
commenter expressed concern that the proposed collection does not
require individuals to report transition as, in their opinion, it
``could be
[[Page 12704]]
exploited.'' Another commenter asserted that higher rates of depression
in the LGBTQ population are a reason to exclude them from the candidate
pool. OPM did not make changes to the proposed collection in response
to these comments. As noted in 60-day Notice regarding the proposed
information collection, the Federal Government is actively taking
``steps to mitigate any barriers in security clearance and background
investigation processes for LGBTQ+ employees and applicants, in
particular transgender and gender non-conforming and non-binary
employees and applicants,'' per Executive Order (E.O.) 14035,
Diversity, Equity, Inclusion, and Accessibility in the Federal
Workforce. Further, it is the U.S. Government's longstanding position
that a diagnosis of a mental health condition, in and of itself, is not
a reason to revoke or deny eligibility for access to classified
information or for holding a sensitive position, suitability or fitness
to obtain or retain Federal or contract employment, or eligibility for
physical or logical access to federally controlled facilities or
information systems. An employee-led organization affiliated with a
Federal agency requested that OPM provide individuals the option to
indicate their pronouns on the form. In response to this comment, OPM
added the option for respondents to provide their pronouns if they
wish. OPM added this option in order to facilitate interaction between
investigators and those undergoing the personnel vetting process and to
prevent unintentional misgendering.
Collection of Information Regarding Past Use of Marijuana
Nine comments were received that expressed support for OPM's
approach in separating questions regarding marijuana use from those
regarding other controlled substances and limiting the timeframe for
reporting past use of marijuana. Of these, six comments recommended OPM
further limit or eliminate inquiry regarding marijuana use. Five
comments opposed OPM's approach. OPM did not change its approach to the
collection of information regarding use of marijuana as a result of the
comments received. As OPM explained in the 60-day Notice, the proposed
PVQ takes into account changes in the legal landscape and societal
norms regarding marijuana use. OPM concurs with one of the commenters
who fully supported the new approach and stated: ``The PVQ should
reflect that because most Americans live in states where marijuana is
legal, they should not be prevented from serving in the Federal
Government. By only asking about marijuana use in the last 90-days (as
opposed to last 7 years), the PVQ will greatly expand the pool of
candidates available for Federal employment. [. . .] OPM has a duty to
ensure that the Federal Government workforce accurately represents
America.''
Consolidation of Multiple Questionnaires into the PVQ
As noted in the 60-day Notice, the PVQ will consolidate the
following ICRs: Office of Management and Budget (OMB) No. 3206-0261
Questionnaire for Non-Sensitive Positions (SF 85), OMB No. 3206-0258
Questionnaire for Public Trust Positions and Supplemental Questionnaire
for Selected Positions (SF 85P and SF 85P-S), and OMB No. 3206-0005
Questionnaire for National Security Positions (SF 86) into one
comprehensive information collection, consisting of four parts.
Individual respondents will be asked to complete only the parts that
are appropriate to the risk and sensitivity of their position, also
known as their position designation, as directed by the Federal agency
requesting their background investigation consistent with guidance
issued by OPM and the Office of the Director of National Intelligence
as the Suitability and Credentialing Executive Agent and the Security
Executive Agent, respectively. OPM received five comments in support of
this approach and none opposed.
Collection and Adjudication of Information Regarding Mental Health
OPM received two comments recommending expansion of the list of
reportable mental health diagnoses. One commenter questioned why
``major depressive or anxiety orders'' are not included in the PVQ.
Another suggested that individuals with depression should be
investigated to determine the depth of their condition. OPM did not
make changes to the proposed PVQ as a result of these comments. As
explained in the 60-day Notice, while the intent of questioning about
psychological and emotional conditions has always been to surface any
concerns regarding the individual's judgment or reliability, the
approach has shifted from asking about all mental health treatment or
counseling to a more tailored set of questions regarding
hospitalization and specific diagnoses. By following this approach, the
PVQ seeks to reduce perceived stigma associated with seeking mental
health treatment or counseling by limiting the scope of questioning
from what was previously asked on the Questionnaire for National
Security Positions (SF 86) and the Supplemental Questionnaire for
Selected Positions (SF 85P-S).
Collection of Information Regarding Foreign Contacts and Interests
A nonprofit organization encouraged OPM to re-evaluate the
questions regarding foreign connections and foreign activities. The
organization indicated that these questions have not been updated for
decades and do not seem to reflect today's advances in information and
technological environment bringing the world closer. The organization
opined the effect is that individuals end up collecting and providing
information on foreign relationships which are trivial or incidental
and not adjudicatively relevant; thus delaying the personnel vetting
process by creating additional work for the investigative and
adjudicative process. OPM agrees that with today's modern advances
individuals have more connections to foreign nationals. In comparison
to prior personnel vetting questionnaires, however, the reportable
timeframe for many of the questions within this area has been reduced,
and the PVQ clarifies the types of associations that must be reported.
For example, in collecting the respondent's contacts with foreign
nationals, the instructions limit the reporting to foreign nationals
with whom they have feelings of affection, a romantic relationship, are
bound by social, moral, financial, or legal obligations or with whom
they have shared information about themselves that, if known, could be
used to influence them to act against the interest of the U.S.
government. The clarification in this question helps decrease
superfluous reporting of incidental foreign contacts. In response to
recommendations from several other commenters, OPM also reduced the
scope of questioning regarding whether an individual has lived, worked,
or attended school in a foreign country.
Analysis: The following analysis of the burden associated with this
information collection is specific to OPM as the agency sponsoring the
common form. Other agencies will be required to seek expedited approval
to use the common form by submitting their agency-specific burden
analyses to OMB.
Agency: Office of Personnel Management.
Title: Personnel Vetting Questionnaire.
OMB Number: 3206-XXXX.
Frequency: On occasion.
Affected Public: Individuals or Households.
Number of Respondents: 319.
[[Page 12705]]
Estimated Time per Respondent: 140 minutes.
Total Burden Hours: 780 hours.
U.S. Office of Personnel Management.
Stephen Hickman,
Federal Register Liaison.
[FR Doc. 2023-04106 Filed 2-27-23; 8:45 am]
BILLING CODE 6325-66-P
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