Effective Date: June 13, 2018
Expiration Date: December 13, 2028
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2.1.1 The CHCO or designee shall:
a. Ensure that the Agency suitability and fitness programs comply with applicable laws and regulations.
b. Establish policy and provide program oversight of the Agency suitability and fitness programs.
2.2.1 HR Directors (or designees) shall:
a. Advise supervisors on determining position risk and sensitivity designations and on matters related to suitability or fitness.
b. Ensure any waivers of pre-appointment investigative requirements in sensitive national security positions are only made for a limited time consistent with 5 CFR pt. 732.
c. Adjudicate fitness determinations based on fair and objective analysis of available information about a person's conduct or character, based on the criteria in 5 CFR § 731.202.
d. Upon receipt of an unfavorable suitability determination on an applicant or appointee, take appropriate action to cancel eligibility and deny employment.
e. In coordination with the NSSC, upon receipt of an unfavorable suitability determination on an employee or based on an unfavorable fitness determination, advise supervisor on appropriate course of action in accordance with OPM regulations at 5 CFR pts. 315, 359, or 752.
2.3.1 The AA, OPS shall:
a. Approve waivers of the pre-appointment investigative requirement for an emergency appointment or reassignment to a Critical Sensitive or Non-Critical Sensitive position prior to completion of the required pre-appointment investigation only when clear justification exists to warrant the waiver.
b. Complete both national security determinations and favorable suitability determinations for all new hires designated to a sensitive position. Notify the NSSC for further action when an unfavorable determination is made. This notification is accomplished on behalf of the AA, OPS by the Agency Central Adjudication Facility.
c. Coordinates with HR when action is necessary, based on an unfavorable security determination, for example a negative HSPD-12 determination.
2.4.1 The HR Director, NSSC or designee shall:
a. Appoint an Agency Suitability Program Manager.
b. Approve or disapprove all proposed and final Agency or Government-wide debarments; decide on the duration of any period of the debarment.
c. Establish procedural requirements and providing authoritative guidance on the Agency suitability and fitness programs.
d. Establish requirements and criteria for adjudicating fitness determinations for positions not covered by the suitability program.
e. Adjudicate suitability determinations for persons considered for or appointed to covered positions.
f. Implement procedures that ensure personnel investigations are initiated, suitability adjudications are made, and resulting actions are reported in accordance with prescribed OPM guidelines and timeframes.
g. Process personnel actions for covered positions associated with recruitment, hiring, or position changes (including details to an unclassified set of duties) with the appropriate position risk and sensitivity designation. h. Initiate a new background investigation when an employee's position requires a higher level of investigation or when new information on an employee raises suitability or fitness questions.
i. Conduct investigations for positions not covered by the suitability program using criteria set forth in 5 CFR § 731.202. Provide investigative reports to Centers for the purpose of making fitness determinations for persons being considered or appointed to positions not covered by suitability regulations.
j. Collaborate with the servicing HR Office and OPS throughout the process when there is evidence of a potential issue(s) that may lead to a negative suitability determination.
k. Ensure suitability adjudicators have the required level of background investigation and have successfully completed OPM training requirements and record such training in their official training record.
l. Make suitability determinations for covered positions in accordance with OPM adjudicative regulations and guidance and this directive no later than 90 calendar days after receipt of OPM's report of investigation.
m. Advise HR specialists on position risk designations, suitability determinations, and other personnel suitability and fitness matters.
n. Coordinate with Center OPS personnel to ensure that required pre-appointment investigation requirements are met.
o. Forward requests to OPM for approval to obtain information about the suitability or background of applicants earlier in the hiring process, in accordance with 5 CFR pt. 330, subpt. M.
p. Report suitability determinations and actions and any cases that involve a material, intentional false statement in examination or appointment, or deception or fraud in examination or appointment; or refusal to furnish testimony through the CHCO to OPM, as required by 5 CFR § 5.4.
q. Complete reporting requirements in accordance with 5 CFR 731.206.
2.5.1 The Agency recruitment systems program manager shall enforce approved debarment actions by:
a. Notifying the Resume Operations Center (ROC) of Agency-wide debarments.
b. Notifying the servicing HR staff and recruitment system super users of Agency-wide debarments.
c. Ensuring that all future applications received from the debarred individual remain "inactive" in the Agency staffing and recruitment system for the debarment period.
2.6.1 Supervisors shall:
a. Determine, in coordination with the servicing HR Office and OPS, the position risk and sensitivity designations for each position.
b. Document the position risk and sensitivity designation in the Agency electronic Position Description System (e-PDS) using the OPM Position Designation Tool.
c. Ensure position risk and sensitivity designations are accurate; notify HR promptly when any change to the duties of the position may impact the designation or when the current designation appears to be incorrect.
d. Ensure employees are only assigned tasks that match the position risk and sensitivity designation of the position description.
e. Conduct pre-employment checks on applicants not subject to background investigations in accordance with paragraph 3.3 of this directive. Pre-employment checks are used for the purposes of making an objective evaluation of an applicant's past performance and verifying the accuracy of information provided by the job applicant, based on information collected by individuals (e.g., current/past supervisors, peers, and subordinates) who know or have known and worked with the applicant.
f. Assist HR, OPS, or the NSSC in the adjudication of any issues identified as a part of an employee investigation and take appropriate action when a negative suitability or fitness determination is made.
g. Upon receipt of an employee's unfavorable suitability or fitness determination, consult with HR and take appropriate action.
2.7.1 Applicants and appointees shall: Complete and submit required investigative forms and any additional information, as requested, within established timeframes.
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