Personnel Security Flashcards
Purpose of Adjudications
In order to access classified information, perform sensitive duties, work in the competitive or excepted federal service, or receive credentials to access DOD-controlled facilities or information systems, DOD employees and contractor personnel must undergo investigation and adjudication by trusted government personnel.
There are three main types of adjudications in the DOD:
- National security adjudications,
- Suitability adjudications
- Homeland Security Presidential Directive, or HSPD-12 adjudications.
Define National Security Adjudications:
National security adjudications determine whether an individual is eligible to access classified information or perform sensitive duties that could result in an unacceptably adverse effect on national security.
Define Suitability adjudications
determine whether an individual is suitable for employment in the federal government.
In some cases, the suitability adjudication is more extensive and may determine whether an individual should be allowed to hold a position requiring public trust. Along the lines of suitability adjudications, fitness determinations ensure that individuals working in excepted service positions or as defense contractors are suitable to hold those positions.
Homeland Security Presidential Directive, or HSPD-12 adjudications.
determine who may be issued credentials for physical access to DOD-controlled facilities or logical access to information systems such as secure computers and networks.
What are Suitability Adjudications?
Recall that the fundamental purpose of the suitability program is to determine suitability for federal employment.
Determining an individual’s suitability for federal employment includes five main elements:
position designation
pre-investigation
investigation
adjudication
reinvestigation
All individuals in public trust positions are subject to periodic reinvestigation every ______ years.
five
T or F: And all other positions are subject to reinvestigation as needed based on various factors, such as risk-level changes, reemployment, or the discovery of new information that raises questions about a person’s suitability.
True
The authority to adjudicate suitability is documented in several key laws and regulations. Congress granted the ultimate authority for suitability to the President in Title ____ of the United States Code.
5
Presidential Authority (Authority for Suitability)
Regulates admission of individuals into the civil service
Ascertains applicant fitness
Regulates employee conduct in Executive Branch
OPM Authority (Authority for Suitability)
Has jurisdiction over appointments to competitive service
Enforces civil service rules
Regulates examinations for federal employment
Evaluates the effectiveness of agency compliance with suitability program
requirements
Which Executive Order authorized reinvestigations for certain positions and established reciprocity for fitness determinations?
Executive Order 13764
When Does Suitability Apply?
suitability applies to all applicants, appointees, and employees of the federal competitive service
The Suitability Process: Pre-investigation
Position designation
Prescreening
Tentative job offer* (*pending interim suitability determination)
Investigation initiation
The Suitability Process: Investigation
Investigation of subject based on position requirements
The Suitability Process: Adjudication
Application of suitability criteria to determine suitability
The Suitability Process: Post adjudication
Reinvestigation
Suitability action
Due process
Suitability timeline: So how much time is typically required to complete the full adjudication process?
The typical turnaround time for a suitability determination is approximately 80 days from the time of a tentative offer of employment. The 80-day period covers both the investigation and the adjudication, with each phase taking approximately 40 days.
OPM role:
Has overall responsibility for suitability
Oversees agency adjudications
OPM responsibilities:
May delegate suitability authority to agency
Adjudicates cases involving material, intentional false statement, deception, or fraud
in examination or appointment or evidence of a refusal to furnish testimony
Issues government-wide debarments
Conducts investigations for some federal agencies
OPM Systems provides:
OPM provides several systems that support the overall suitability process.
Define Position Designation Automated Tool (PDT)
OPM developed the PDT to ensure a systematic and consistent position designation process. The PDT is a standalone tool that agencies and components use to assess a position’s level of risk and sensitivity to determine the position’s designation. That designation determines the type of investigation required for the position.
Define Electronic Questionnaires for Investigations Processing system (e-QIP)
e-QIP, or its successor system, electronic application, e-APP, is a secure, web-based system that completely automates the application process. Authorized individuals use it to initiate investigations. Subjects then use it to enter their personal information directly into the system.
Define Central Verification System (CVS)
The CVS is OPM’s centralized database supporting reciprocity and information sharing within the federal government. The CVS houses information on all types of investigations and adjudications, including those used to support suitability and fitness determinations.
Personnel Investigations Processing System (PIPS)
OPM’s PIPS system maintains the Security/Suitability Investigations Index, or SII, a centralized database that records investigations conducted by OPM and other authorized investigative agencies.
PIPS provides an agency or component’s security office direct access to OPM records and allows agencies to monitor the progress of their cases and report adjudicative decisions.
Position Designations fall on who?
The responsibility for position designation falls to the agency or component’s hiring manager, who will receive guidance from the Human Resources office and, as appropriate, security personnel.
T or F: Every covered position must be designated as low, moderate, or high risk.
True
SF 85
The Questionnaire for Non-sensitive Positions
SF 85P
The Questionnaire for Public Trust Positions
SF 86
The Questionnaire for National Security Positions.
Initiating the Investigation: Note that the investigation should be initiated before appointment or within ____ days of placement in the position.
14 days
T or F: DCSA is responsible for conducting investigations at all five tiers
True
T or F: Tiers 1, 2, and 4 are the investigations designated for suitability determinations.
True
T or F: Tiers 3 and 5 are used for national security positions to grant eligibility to classified information and/or assignment to a national security sensitive position.
True
Tier ____ investigations are conducted for positions designated as low risk, non-sensitive, and for physical and logical access—that is, HSPD-12 credentialing. The investigative form is the Standard Form (SF)-85.
Tier 1
Tier ____ investigations are conducted for positions designated as non-sensitive, moderate risk public trust. The investigative form is the SF-85P.
Tier 2
Tier ____ Investigations are conducted for positions designated as non-critical sensitive, and/or requiring Confidential, Secret or “L” access eligibility. The investigative form is the SF-86.
Tier 3
Tier ____ investigations are conducted for positions designated as non-sensitive high risk public trust. The investigative form is the SF-85P.
Tier 4
Tier _____ investigations are conducted for positions designated as critical-sensitive or special-sensitive and/or requiring “Q” access or access to Top Secret or Sensitive Compartmented Information, or SCI.
Tier 5
T or F: Per the FIS, periodic reinvestigation for Tier 2 and Tier 4 are conducted at least once every five years. Tier 1 does not have a mandatory reinvestigation requirement.
True
Probative Weight of Evidence (5 types):
- Sworn witness testimony at hearing
- Signed, sworn affidavits
- Unsworn declarations
- Certified records
- Investigative reports
T or F: Once DCSA completes the investigation, it forwards the results to the DOD Consolidated Adjudications Facility or CAF for adjudication.
True
8 Suitability Factors (5 CFR 731.202)
- Misconduct or Negligence in Employment
- Criminal or Dishonest Conduct
- Material Intentional False Statement, or Deception, or Fraud in Employment
- Refusal to Furnish Testimony as required by 5 CFR 731, section 5.4
- Alcohol Abuse
- Illegal Drug Use
- Knowing and Willful Engagement in Acts/Activities Designed to Overthrow the U.S. Government by Force
- Statutory or Regulatory Bar to Employment
Every suitability adjudication will result in one of two possible outcomes. What are they?
The subject will be found suitable, or the subject will be found unsuitable for federal employment.
T or F: All suitability determinations, whether favorable or unfavorable, must be reported to OPM and documented within the appropriate personnel system of record for your agency or component.
True
T or F: OPM may also take action against employees who are found unsuitable due to falsification, refusal to furnish testimony, or a statutory or regulatory bar to employment.
True
In order for OPM or the agency or component to take a suitability action, the position must be subject to investigation under 5 CFR Part 731.
The first step in taking a suitability action is to notify the subject of the proposed action. One must inform he subject how the time limit in which they have to respond (how many days)?
It must inform the subject of the 30-day time limit in which to respond. And it must inform the subject of his or her right to representation. The notice of proposed action must be served no less than 30 days before the effective date of the proposed action
First, all positions of public trust are subject to mandatory periodic reinvestigations every _____ years.
Five
T or F: Personnel changes that do not require reinvestigation include promotion, demotion, and reassignment, as long as the risk level remains the same.
True
The purpose of suitability adjudications is to ensure that all applicants, appointees, and employees of the federal government ____________.
Are suitable to perform duties of the position
Are trustworthy
Demonstrate high standards of conduct
Are of good character and reputation
Feedback: The purpose of suitability adjudications is to ensure all applicants, appointees, and employees of the federal government demonstrate high standards of conduct, are of good character and reputation, are trustworthy, and are suitable to perform the duties of the position. Ensuring DOD employees are qualified to perform their job duties is not a purpose of suitability adjudications.
1 of 5: Which element of the suitability process involves gathering information on the subject’s background to meet the investigative requirements of the position?
Investigation
Feedback: During the investigation, an investigator gathers information on the subject’s background to meet the investigative requirements of the position.
2 of 5: Which element of the suitability process involves evaluating a position’s levels of risk and sensitivity to determine the type of investigation required?
Position designation
Feedback: During the position designation, DOD personnel evaluate the position’s levels of risk and sensitivity to determine what type of investigation is required.
3 of 5: Which element of the suitability process occurs as needed based on factors, such as risk-level changes, reemployment, or the discovery of new information?
Reinvestigation
Feedback: Reinvestigation occurs as needed based on changes in a position’s risk or sensitivity, reemployment, or discovery of new information
4 of 5: Which element of the suitability process applies suitability criteria to the subject’s investigation to make a suitability determination?
Adjudication
Feedback: During the adjudication, an adjudicator applies suitability criteria to the subject’s investigation to make a suitability determination.
5 of 5: Which element of the suitability process involves reviewing employment documents and other pre-investigative materials for potential suitability issues?
Pre-investigation
Feedback: A pre-investigation review, called the Applicant Suitability Review and Evaluation, is conducted based on the applicant’s employment documents and other pre- investigation materials. If the review is favorable, the applicant completes the appropriate investigative forms, which DOD personnel also review for potential suitability issues.
What would you consult for regulations governing suitability adjudications?
Title 5, Code of Federal Regulations, part 731
Feedback: Title 5 CFR Part 731 outlines OPM regulations for suitability investigations and adjudications.
1 of 4: Which phase of the suitability process involves adjudicating a subject’s investigation based on suitability criteria?
Adjudication
Feedback: The phase that adjudicates the subject’s investigation based on suitability criteria is called the Adjudication phase.
2 of 4: Which phase of the suitability process includes position designation, prescreening, and initiation of the investigation?
Pre-investigation
Feedback: The phase that includes position designation, prescreening, and initiation of the investigation is the Pre-investigation phase.
3 of 4: Which phase of the suitability process includes reinvestigation and suitability actions?
Post adjudication
Feedback: The phase that includes reinvestigation and suitability actions is the Post adjudication phase.
4 of 4: Which element of the suitability process investigates a subject’s background based on position requirements?
Investigation
Feedback: The phase that investigates subject’s background based on the requirements of the position is the Investigation phase.
Who performs the adjudicative responsibilities listed below? Maintains the CVS database
OPM
Feedback: Maintaining the CVS database is a responsibility of OPM.
Has the authority to issue a government-wide debarment
OPM
Feedback: Issuing a government-wide debarment is an OPM responsibility.
Adjudicates cases involving deception or fraud in examination or appointment
OPM
Feedback: Adjudicating cases involving deception or fraud in examination or appointment is an OPM responsibility.
T or F: e-QIP is used to initiate all investigations.
True
Which system is the information system that manages security clearance eligibility, suitability and HSPD-12 actions and determinations for the DOD?
Defense Information System for Security (DISS)
Feedback: DISS is DOD’s information system that manages security clearance eligibility, suitability and HSPD-12 actions and determinations.
Which system is used to determine what type of investigation will be required based on the position’s levels of risk and sensitivity.
Position Designation Automated Tool (PDT)
The ____ is OPM’s key centralized database supporting reciprocity and information sharing within the federal government. Agencies should check the ____ to see whether an existing adjudication or investigation meets the current need.
Central Verification System (CVS)
Central Verification System (CVS)
1 of 6: The purpose of this step is to discover any presumptively disqualifying information before conducting a full investigation.
Prescreening
Feedback: The purpose of the prescreening step is to discover any presumptively disqualifying information before conducting a full investigation.
2 of 6: The position description is reviewed during this step.
Position Designation
Feedback: The position description is reviewed as part of the position designation process.
3 of 6: During this step, the applicant enters personal information into e-QIP.
Initiation of investigation
Feedback: The applicant enters his or her personal information into e-QIP during the initiation of the investigation.
4 of 6: The purpose of this step is to determine what type of investigation will be required.
Position designation
Feedback: The purpose of position designation is to determine what type of investigation will be required.
5 of 6: The applicant’s resume and employment references are reviewed during this step.
Prescreening
Feedback: The applicant’s resume and employment references are reviewed as part of the prescreening process.
6 of 6: A position’s levels of risk and sensitivity are assessed during this step.
Position Designation
Feedback: A position’s levels of risk and sensitivity are assessed as part of the position designation process.
What are responsibilities of individuals within the agency or component?
Position designation (correct response)
Prescreening the applicant (correct response)
Initiating investigation in e-QIP (correct response)
Reviewing e-QIP application for completeness (correct response)
Feedback: Position designation, prescreening, initiating the investigation, and reviewing the applicant’s e-QIP application are all responsibilities of the agency or component. Entering personal information into e-QIP is a responsibility of the applicant.
A positions that need physical/logical access (HSPD-12 Credentialing) require a
Tier ____ investigation.
One (1)