part10-22

10.23.3 
Personnel Security/Suitability Program

10.23.3.1 
(04-17-2008)
Purpose

  1. The purpose of this section is to provide the policies, guidelines and requirements for the administration of the Internal
    Revenue Service’s (IRS) personnel security program regarding the initiation of suitability/security investigations. Every
    position within Treasury/IRS requires that incumbent or potential employees undergo an investigation conducted by an appropriate
    government authority based upon the sensitivity of the position, and/or need for access to classified information, and requirements
    of Homeland Security Presidential Directive (HSPD-12) ( http://www.whitehouse.gov/news/releases/2004/08/20040827-8.html ).

  2. The investigative requirements shall be consistent with the guidance provided by the Office of Personnel Management (OPM).
    Background investigations, conducted for suitability or security determination purposes, constitute the first step in the
    process of ensuring the highest standards of honesty, integrity, and security among (IRS) employees, enabling the IRS to carry
    out its mission and ensure the integrity of its employees. Suitability reflects the standards required for employment with
    the Government in general, and the IRS in particular, with reference to a persons character, reputation and overall fitness.

  3. Suitability determinations must be made when derogatory information about an applicant or employee surfaces in the course
    of pre-employment or background investigations.

10.23.3.2 
(04-17-2008)
Authorities

  1. The following authorities ( http://awss.web.irs.gov/personnelSecurity/Executive%20Orders.shtml ) apply to personnel security
    and suitability investigations:

    1. Executive Order (EO) 10450, Security Requirements for Government Employees (April 27, 1953).

    2. 5 CFR 731, Suitability, Part 732, National Security Positions, and Part 736, Personnel Investigations.

    3. Executive Order (EO) 12968, Access to Classified Information (August 2, 1995).

    4. Security 32 CFR Part 147, Adjudicative Guidelines for Determining Eligibility for Access to Classified Information.

    5. Treasury Order 102-17, Delegation of Authority Concerning the Personnel Security Program, (May 2, 1996).

    6. Treasury Security Manual 15-71 ( http://intranet.treas.gov/securitymanual/td15-71/ ).

    7. IRS Delegation Order 133 (Rev. 8), Authority to Perform Operating Functions Relating to Personnel Security.

10.23.3.3 
(04-17-2008)
Appointee/Applicant Screening and Fingerprint Check

  1. Personnel officers must employ every reasonable means available to obtain suitability information prior to the applicants
    Enter on Duty (EOD) date. This applies to all applicants including:

    1. Career appointments

    2. Career-conditional appointments

    3. Temporary appointments

    4. Volunteer appointments

    5. Consultants

    6. Reinstatements

    7. Transfers

    8. Student trainees

    9. Excepted appointments

    10. Term Appointments

    11. Contractor employees (See IRM 10.23.2, Contractor Investigations )

  2. IRS policy mandates that, in all cases, applicants must be fingerprinted and the results received (including disposition information
    if applicable) prior to the applicants EOD. IRS policy prohibits an individual from entering on duty, until FBI fingerprint
    results and, if applicable, case disposition information are received and reviewed. This policy applies to all positions in
    all IRS locations, with no exceptions. In the event that staff shortages occur, managers shall take steps to move existing
    staff into areas that require additional resources. Applicants must also undergo a tax check, see Human Capital Policy #67.
    For contractor personnel, the IRS will follow the policy contained in IRM 10.23.2, Contractor Investigations.

  3. The Human Capital Office is required to determine eligibility by verifying the citizenship and selective service registration
    (if applicable) before entry on duty date as part of the hiring process.

  4. Fingerprints must be submitted to OPM, which will conduct a search of the FBI-Identification Division criminal history records
    and a check of OPMs Security/Suitability Investigations Index, which will identify any prior investigations conducted by
    other agencies.

  5. In order to reduce resource shortfalls, the IRS has received authority from OPM to re-employ annuitants in several occupations.
    In order to streamline the process and mitigate risk to the Service, the following pre-employment checks will be required
    of all re-employed annuitants hired, regardless of the business unit, prior to entry on duty: receipt of fingerprint check
    results and, if applicable, disposition information; verification that a background investigation was completed during the
    annuitant’s tenure with the IRS.

    Note:

    A background investigation will not be required for the re-employed annuitants. However, if it is determined that a background
    investigation was not completed during the annuitant’s tenure with the IRS, a background investigation will be initiated.

  6. Any review or investigation that yields adverse or derogatory information (see 5 CFR 731) about an applicant, or an employee,
    requires a suitability determination. Whether the adverse information originated from a personnel security investigation,
    an OF-612, resume, financial statement, or other source, a suitability determination will be made before any other type of
    determination (i.e., security, loyalty, etc).

  7. Investigative forms can only be completed after a conditional offer of employment has been made.

  8. Background Investigation Coordinators initiating background investigations will follow the instructions found on the IR Web
    at the following link – http://abis.web.irs.gov/abis/home.asp.

10.23.3.4 
(04-17-2008)
Position Sensitivity Risk Designation Levels

  1. Every IRS position, including those of contractors, must be designated with a sensitivity level. All employees and contractors
    must meet personnel security/suitability standards commensurate with their position sensitivity level and they must be subject
    to personnel investigation requirements. There is a reinvestigation requirement for individuals in high risk positions and
    those who have security clearances if they continue to have a need for access to classified information.

  2. Risk levels determinations are made for every position when the position description is written and classified (see IRM
    6.731.1.6.1, Risk Designation System). For standard position descriptions, risk level determinations are made by the National Classification Center ( http://hco.web.irs.gov/posclass/positiondesc/index.html
    ), in conjunction with the function where the position is located. Risk levels for all SES and other Executive Resources Board
    covered positions are determined by the Office of Executive Services.

  3. These risk levels are established through an analysis of the duties and responsibilities of the positions, and their impact
    on agency mission (see IRM 6.731.1.6.2, Suitability Position Risk Levels and IRM 6.731.1.6.3, Computer/ADP Risk Levels.) Examples of Public Trust positions and their risk levels are:

    1. High Risk (6N or 6C) = GS-1811 and GS-1899, Criminal Investigator (CI) and CI Student Trainee positions, all SES positions,
      and all critical pay executives

    2. Moderate Risk (5N or 5C)= Internal Revenue Agent, Revenue Officer, Tax Compliance Officers, Program Analysts.

    3. Low Risk (1N or 1 C)= Management Assistant, Data Transcriber, Clerk-Typists and Clerks in most functions.

  4. Minimum Investigative Requirements. The investigative levels shown above require the following minimal level investigation
    as recommended by the Department of the Treasury and OPM:

    1. Low Risk – National Agency Check with Inquiries (NACI).

    2. Moderate Risk – Minimum Background Investigation (MBI)/Limited Background Investigation (LBI).

    3. High Risk – Background Investigation (BI).

  5. Only personnel designated High Risk are subject to a Periodic Reinvestigation (PRI) no later than five years after placement
    and at least once every succeeding five years. If there is a change in position risk or sensitivity level, i.e., an employee
    moving to a position at a higher risk or sensitivity level than the position he or she currently occupies, the employee must
    meet the investigative requirements of the position designation of the new position.

  6. For an employee moving into a Critical-Sensitive or Special-Sensitive position, the investigation must be completed pre-appointment.
    Other than for Critical-Sensitive or Special-Sensitive levels, if the position risk or sensitivity of an incumbent’s position
    is increased due to an accretion of duties and responsibilities, the incumbent may remain in the position, but the investigation
    required by the higher risk/sensitivity level shall be initiated within 14 working days of the effective date of the new position
    designation.

  7. Investigations for low risk temporary appointments of 180 days or less are not initiated, only a fingerprint check and tax
    checks are required. The minimum requirements, however, do not preclude IRS from establishing more stringent requirements
    with appropriate justification.

  8. For individuals occupying national security positions the risk levels are:

    1. Special Sensitive (level 4) – Top Secret, Single Scope Background Investigation (SSBI), (Reinvestigation requires
      SSBI-PR).

    2. Critical Sensitive (level 3) – Top Secret or Secret, Single Scope Background Investigation (Reinvestigation requires SSBI-PR)
      .

    3. Non-Critical Sensitive (level 2) – High Risk (level 6) with Secret or Confidential(Reinvestigation requires Periodic Re-investigation).

    4. Non-Critical Sensitive (level 2) – Moderate Risk (level 5) with Secret or Confidential, Limited Background Investigation
      (Reinvestigation requires National Agency Check with Law and Credit [NACLC]).

    5. Non-Critical Sensitive (level 2) – Low Risk (level 1) with Secret or Confidential, ANACI (Reinvestigation requires NACLC).

    Investigation Requirements
    Appointment Type Pre- Employment Fingerprint /Tax Checks Low Risk Moderate Risk High Risk
    Temp < 180 days Required N/A N/A N/A
    Temp 180 or > days Required NACI LBI/MBI BI
    Career Conditional (includes seasonals) Required NACI LBI/MBI BI
    Excepted Service Required NACI LBI/MBI BI
    Consultant Required NACI LBI/MBI BI
    Term Required NACI LBI/MBI BI
    Volunteer < 180 days Required N/A N/A N/A
    Volunteer 180 or > days Required NACI LBI/MBI BI

10.23.3.5 
(11-20-2008)
Suitability Investigations

  1. These investigations are used to determine suitability for employment in positions in the competitive service, excepted service,
    and the Senior Executive Service (SES).

  2. Personnel Security, within IRS, under delegated authority from the Office of Personnel Management (OPM), is responsible for
    carrying out a program of investigating applicants and employees for Federal employment.

  3. Upon completion of the investigation, a “suitability”
    decision is made by the Service after reviewing the results of the required background investigation which is conducted
    by IRS, OPM or another Federal agency. The scope and coverage area of the investigation is determined by the designated position
    sensitivity level. The investigation is designed to reveal pertinent facts, past and present, about the character, honesty,
    trustworthiness, reputation, etc., of the applicant or employee.

  4. When feasible, all background investigations shall be completed and suitability decisions made within an employees first
    year of service. Adverse action procedures may be applicable in some cases.

  5. The probationary period begins with the date the employee enters on duty and ends on the day before his/her first year anniversary
    on the job.

  6. In accordance with the Treasury Security Manual, employees’ appointed to any Treasury/bureau position are subject to a suitability
    investigation (1) upon initial appointment to the Federal service and (2) upon reappointment after a break in service of 24
    or more months. Employees also may be subjected to investigation for access to national security information prior to or immediately
    following entrance-on-duty. Current Federal employees appointed to Treasury/IRS positions may be subjected to further investigation,
    if the position to which they are being appointed carries a higher risk designation than that for which they were previously
    investigated. In general, the type of investigation to be conducted is based on the positions sensitivity or risk level designation.

  7. Transfers and reinstatements from other agencies in moderate or high risk positions must complete the investigative forms.
    A determination as to whether or not an investigation is required must be done for all Moderate Risk and High Risk investigations.

  8. If “material intentional falsification”
    is identified it must be referred to OPM even beyond the probationary year.

  9. If the Subject of an investigation separates or is no longer being considered for appointment the investigation must be discontinued.

10.23.3.6 
(11-20-2008)
Investigations for National Security Clearances (Top Secret, Secret, and Confidential)

  1. The employment and retention of any employee or contractor in a national security position must be consistent with the interests
    of the national security. At IRS that determination usually is related specifically to the individuals need for access to
    classified national security information, also referred to as a need for a security clearance.

  2. Security clearances to permit access to classified (Confidential, Secret, or Top Secret) information are granted by the Director,
    Personnel Security, in accordance with EO 12968 or any successor order.

  3. Completion of a favorable background investigation does not of itself confer access to classified materials. An individual
    is eligible for access to classified information provided:

    1. the individual has been determined to be trustworthy after completion and review of the required investigation; and

    2. it is determined that access to classified information is essential to the accomplishment of lawful and authorized Government
      purposes, referred to as a “need-to-know.”

  4. The responsibility for determining whether an employees official duties require possession of, or access to, classified
    information and whether the employee has been granted the appropriate security clearance and has a bona-fide “need-to-know.”
    rests with the official who will be providing access to the information, and not with the prospective recipient.

  5. Government contractors, licensees, grantee employees, or other non- Governmental personnel requiring access to classified
    information in the performance of their duties are subject to the same access requirements and standards as Federal employees.

  6. The reinvestigation requirement covers all incumbents in national security positions.

  7. Requests for national security clearances should be referred to the National Security Programs office within Personnel Security.
    Instructions for submitting requests can be found on the IR Web at the following link – http://awss.web.irs.gov/PersonnelSecurity/Requesting%20a%20National%20Security%20Clearance.shtml

  8. For position sensitivity levels see Section 10.23.3.4 item 8.

10.23.3.7 
(04-17-2008)
Credit Checks

  1. In accordance with the Fair Credit Reporting Act, all Treasury/IRS applicants and employees, including contractor employees,
    for whom a credit check is initiated, will be notified in writing that credit reports may be obtained for employment purposes.
    Written consent must be obtained prior to any such reports being procured. Individuals must be notified promptly if information
    in their credit report may result in any unfavorable action, such as denial of a clearance, employment, or access authorization.
    The disclosure and authorization form (Form 13340) to be used for this purpose appears at http://awss.web.irs.gov/PersonnelSecurity/Personnel%20Security%20Forms.shtml
    .

10.23.3.8 
(11-20-2008)
Safeguarding and Handling Investigative Reports

  1. Personally Identifiable Information (PII) in personnel security investigations, records, and operations shall be carefully
    safeguarded to protect the interests of both the individual and the Service, pursuant to requirements of the Privacy Act.
    Unless classified at a higher level, personnel security information must be afforded the same degree of protection as material
    identified as “Controlled Unclassified Information” (CUI) and must be used only for authorized official purposes. When not
    in use, personnel security information must be stored in a General Services Administration approved security container or
    in an equally secure area. Reports containing classified information must be protected in accordance with EO 12958, as amended,
    Classified National Security Information, and appropriate Treasury regulations.

  2. Personnel security investigation information requested by the subject of an investigation will be processed according to established
    procedures under provisions of the Privacy Act or the Freedom of Information Act, as appropriate. Requests for the release
    of the results of any personnel security investigation should be referred to the Treasury/bureau or non-Treasury agency that
    conducted it. When another agency requests a copy of a PS report of investigation under the routine use provision of the Privacy
    Act of 1974 (5 U.S.C. 552a), for the purpose of suitability or the granting of a security clearance, the request must be made
    in writing to IRS, Personnel Security, FOIA/PA Section, 5025 Leesburg Pike, Suite 510, Baileys Crossroads, VA 22041.

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