2014 Background Investigations FAQs

Transcription

1 2014 Background Investigations FAQs FREE Federal & Military Guides Since 2002

2 2014 Background Investigations FAQs Published by Feddesk.com FREE Federal and Military Guides Since Copyright Feddesk.com, 1602 Belleview Blvd., Suite 460, Alexandria, VA General or reach our Publisher at All rights reserved. No part of this book may be reproduced in any form or by any means without prior written permission from the Publisher. Printed in U.S.A. The content provided in this guide and on the Feddesk.com website is designed to provide timely information that will assist you with your career and family life. It is provided with the understanding that Feddesk is not providing legal, financial, or other professional advice. If professional guidance or advice is needed, we recommend that you consult the appropriate personnel in your agency/branch or consult a professional that is competent in the needed subject area. While Feddesk staff makes all reasonable efforts to ensure accuracy of the content, we are not liable for any omission or errors contained in the content Background Investigations FAQs 1

3 Introduction The Office of Personnel Management, Federal Investigative Services (OPM-FIS,) provides investigative products and services for over 100 Federal agencies to use as the basis for suitability and security clearance determinations as required by Executive Orders and other rules and regulations. OPM provides over 90% of the Government's background investigations, conducting over two million investigations a year. Access to information relating to the background investigation process is critical to the Federal Government's development in personnel security and suitability. The OPM-FIS conducts background investigations on Federal applicants, employees, military members, and contractor personnel for suitability and security purposes. Although agency or organization hiring needs may differ, understanding investigation processes and using OPM's electronic systems to their fullest potential improves the Federal Government's hiring capabilities across the board. Streamlined personnel security and suitability practices help the Federal Government hire individuals in a timely manner while accurately assessing suitability and fitness for employment, and protecting the United States from security threats Background Investigations FAQs 2

4 How long does a background investigation take? Background Investigations FAQs The timeliness of a background investigation depends on the type of investigation conducted. Depending on the type of background investigation, the scope of the investigation may require coverage for specific items. The need for a security clearance may affect the time period in which an investigation is completed. Each background investigation requires that certain areas are covered before an investigation is completed. A small 'note' was left on my door. It was "OPM Form 1634." It asked that I contact an OPM investigator at the phone number shown. Is this legitimate and how can I confirm this? OPM's agents will leave OPM Form 1634 at the residence of contacts. Individuals can verify the status of an OPM investigator by contacting FIS Security and Safety Team at or fissst@opm.gov. Who decides if I get the job or a security clearance? Adjudications officials at the agency requiring the investigation will evaluate your case and communicate their recommendation to the appropriate personnel or security office. When should the OF 306 be completed? Agencies are responsible for ensuring that applicants selected for positions are suitable for Federal employment. While it is more practical and cost-effective to initiate a complete suitability investigation after an individual is selected and has accepted a job offer, agencies may choose to begin preliminary suitability determinations for all applicants at any time during the hiring process. How can I see the report you prepare about me? Do I? The only persons authorized to see this information are Personnel Security, Suitability, and Investigations professionals who have been investigated and have a demonstrated need to review the information. You may request a copy of your investigation file under provisions of the Privacy Act. For an OPM investigation request, write to OPM-CIS, FOIP, Post Office Box 618, Boyers, PA You must include your full name, Social Security Number, date and place of birth, and you must sign your request. Why does OPM investigate Federal applicants, employees, and contractors? The interests of national security require that all persons privileged to be employed in the departments and agencies of the government shall be reliable, trustworthy, of good conduct and character, and of complete and unswerving loyalty to the United States. This means that the appointment of each civilian employee in any department or agency of the government is subject to investigation. The scope of the investigation will vary, depending on the nature of the position and the degree of harm that an individual in that position could cause. The requirement to be investigated applies whether or not the position requires a security clearance (in order to have access to classified national security information) Background Investigations FAQs 3

5 Doesn't the FBI conduct all Federal background investigations? The U.S. Office of Personnel Management, the Department of Defense, and a few other agencies share this responsibility. The FBI mostly conducts investigations on the following: High level Presidential appointees, cabinet officers, agency heads and staff who may work at the White House directly for the President. Why is USOPM requesting 4 credit checks on me when normally one would suffice? The Office of Personnel Management s (OPM) Federal Investigative Services (FIS) conducts background investigations on Federal applicants, employees, and contractor personnel for suitability and security determination purposes at the request of our customer agencies. A credit search is a routine part of many of these investigations. The subjects of background investigations are requested to sign a release form allowing a check of his or her credit history. Searches are conducted for each name variation a person has used; therefore, there may be more than one search by OPM showing on a person s credit report. Credit inquiries from OPM investigations are included in the Regular Inquiries portion of a credit record, but these inquiries are soft hits and do not have an impact on a person s credit score. What is the purpose of OPM's Reimbursable Suitability Investigation (RSI) and how can I request one? The RSI is not a background or criminal investigation. RSIs are focused investigations to obtain information to resolve issues developed about an individual. An agency may request an RSI when it needs additional investigation to resolve issues that might fall outside the normal scope of another investigation (such as alcohol or drug rehabilitation or credit); to establish a history or pattern of behavior; or to obtain other information related to suitability or security which is not necessarily connected to a current background investigation. The cost of the RSI varies depending on the work to be performed; expedited service is available at an additional cost. A representative of OPM-FIS will contact the agency prior to scheduling the investigation to provide a cost estimate. To initiate an RSI, the agency needs only to submit a letter or memo to OPM-FIS Customer Interface. Customer Interface processes agency requests to reopen investigations and conduct a Reimbursable Suitability Investigation (RSI). Agencies may submit their requests via fax (724) , or mail: OPM-FIPC Customer Interface PO BOX Branchton Rd. Boyers, PA If you have a question about a reopen or RSI, please call the Telephone Liaisons at (724) Reopen or RSI requests must be typed on agency letterhead and contain the following: Security Office Identifier (SOI) Submitting Office Number (SON) Interagency Payment and Collection Code (IPAC) Subject's current location and phone number Clear description of the work being requested in the reopen or RSI Name, phone number, and address of the individual submitting the request For more information about RSIs, see the Federal Investigation Notices, Letter No. 97-2, dated July 29, 1997, and Letter No. 93-4, dated June 14, 1993; or, call SAST (724) , extension Background Investigations FAQs 4

6 Many contractors say that a security clearance is needed to apply for their jobs. How can I get a clearance in advance so I can apply for these jobs? Can I pay for it myself? The Office of Personnel Management has no procedure for an individual to independently apply for an investigation, positions maintained by contractor, or security clearance. Clearances are based on investigations requested by Federal agencies, appropriate to specific positions and their duties. Until a person is offered such a position, the government will not request or pay for an investigation for a clearance. Once a person has been offered a job (contingent upon satisfactory completion of an investigation), the government will require the person to complete a Standard Form 86, Questionnaire for National Security Positions, initiate the investigation, adjudicate the results, and issue the appropriate clearance. We know that some Defense Department contractors require applicants to already have a clearance, and they have the right to administer their personnel hiring procedures the way they want as long as they don't discriminate based on prohibited factors (such as race or religion). Persons who already have clearances are those who are already employed by a government contractor (or by the government itself) and are looking for other job opportunities. What if you talk to someone who just doesn't like me and they lie about me? We talk to as many knowledgeable people as possible to get a balanced, accurate, and comprehensive picture of the person being investigated. Later, you may have an opportunity to refute any misleading or false information that was reported about you. I was arrested for shoplifting 20 years ago. Is that going to be held against me now? Not necessarily. Any negative information is evaluated regarding its recency, seriousness, relevance to the position and duties, and in light of, and in relationship to, all other information about you. Is it true that the investigation will include a credit report about me? A search of the records of commercial credit reporting agencies is an integral part of almost all background investigations. Are you going to interview people other than those I name on the questionnaire? If so, why? Yes. Background Investigators are required to identify, locate, and interview a sufficient number of people who know you well. We want a balanced and unbiased investigation. It would be a questionable investigative practice to only interview persons whom the individual being investigated identified for us. What happens when a falsification or deception or fraud issue is developed in an OPM investigation? If a material, intentional falsification, or deception or fraud issue is developed during an OPM investigation, we will contact the agency to coordinate the adjudication. We may assume jurisdiction after discussing the case with the agency. If an agency feels an OPM investigation developed a material, intentional falsification, or deception or fraud issue that should have been adjudicated by OPM but was not, it may contact SAB to request a second review of the case Background Investigations FAQs 5

7 How should I handle a case when serious issues are admitted on application material or developed during the examination or appointment process? Agencies must submit requests to OPM for Governmentwide debarment consideration in any case warranting a debarment from all covered positions.3. What should I do if I discover falsification or deception or fraud in examination or appointment is identified? Agencies should closely review all application material (such as the OF 612, résumé, OF 306), or the results of any completed background investigation, for indications of material and intentional falsification, or deception or fraud. This may relate to responses to the suitability questions or to qualifications, diploma mill degrees, or other types of merit system fraud. Agencies must refer the case to SAB when it involves the examination or appointment process (initial appointment or reinstatement to a covered position). OPM may exercise its jurisdiction and take a removal and/or debarment action, or coordinate adjudication with the agency if the agency wishes to take action. What can I do if the NACI or BI received from OPM does not resolve recent, serious issues sufficiently to adjudicate the case? Agencies may request SAB to reopen a NACI for issue resolution of A, B, or C issues (original, upgrades, or conversions). The agency should submit a written request to reopen the case and show what issues need to be resolved. Include the name and telephone number of the requesting official and copies of pertinent documents. If appropriate coverage or issue resolution is absent from a background investigation, the case should be discussed with OPM- FIS Systems Access Support Team at (724) , extension SAST will determine if the requested information was within the scope of the requested investigation and should have been covered or if an upgrade investigation or Reimbursable Suitability/Security Investigation (RSI) is needed to obtain the information. What should I do if I discover falsification or deception or fraud in examination or appointment is identified? Agencies should closely review all application material (such as the OF 612, résumé, OF 306), or the results of any completed background investigation, for indications of material and intentional falsification, or deception or fraud. This may relate to responses to the suitability questions or to qualifications, diploma mill degrees, or other types of merit system fraud. Agencies must refer the case to SAB when it involves the examination or appointment process (initial appointment or reinstatement to a covered position). OPM may exercise its jurisdiction and take a removal and/or debarment action, or coordinate adjudication with the agency if the agency wishes to take action. What can I do if the NACI or BI received from OPM does not resolve recent, serious issues sufficiently to adjudicate the case? Agencies may request SAB to reopen a NACI for issue resolution of A, B, or C issues (original, upgrades, or conversions). The agency should submit a written request to reopen the case and show what issues need to be resolved. Include the name and telephone number of the requesting official and copies of pertinent documents. If appropriate coverage or issue resolution is absent from a background investigation, the case should be discussed with OPM- FIS Systems Access Support Team at (724) , extension SAST will determine if the requested information was within the scope of the requested investigation and should have 2014 Background Investigations FAQs 6

8 been covered or if an upgrade investigation or Reimbursable Suitability/Security Investigation (RSI) is needed to obtain the information. Is it okay if I guess at dates and addresses that I barely remember? Providing information that is as complete and accurate as possible will assure that your investigation is completed in an efficient and timely manner. If you are unable to answer a question with precision, provide approximate information; note that you have done so on the questionnaire. If you are interviewed in person, point out the approximated information on the questionnaire to the Investigator. What is the purpose of OPM's Reimbursable Suitability Investigation (RSI) and how can I request one? The RSI is not a background or criminal investigation. RSIs are focused investigations to obtain information to resolve issues developed about an individual. An agency may request an RSI when it needs additional investigation to resolve issues that might fall outside the normal scope of another investigation (such as alcohol or drug rehabilitation or credit); to establish a history or pattern of behavior; or to obtain other information related to suitability or security which is not necessarily connected to a current background investigation. The cost of the RSI varies depending on the work to be performed; expedited service is available at an additional cost. A representative of OPM-FIS will contact the agency prior to scheduling the investigation to provide a cost estimate. To initiate an RSI, the agency needs only to submit a letter or memo to OPM-FIS Customer Interface. Customer Interface processes agency requests to reopen investigations and conduct a Reimbursable Suitability Investigation (RSI). Agencies may submit their requests via fax (724) , or mail: OPM-FIPC Customer Interface PO BOX Branchton Rd. Boyers, PA If you have a question about a reopen or RSI, please call the Telephone Liaisons at (724) Reopen or RSI requests must be typed on agency letterhead and contain the following: Security Office Identifier (SOI) Submitting Office Number (SON) Interagency Payment and Collection Code (IPAC) Subject's current location and phone number Clear description of the work being requested in the reopen or RSI Name, phone number, and address of the individual submitting the request. For more information about RSIs, see the Federal Investigation Notices, Letter No. 97-2, dated July 29, 1997, and Letter No. 93-4, dated June 14, 1993; or, call SAST (724) , extension How do I report an action my agency takes based on an OPM Report of Investigation? Under the provisions of 5 CFR parts 731 and 732, agencies are required to report their final adjudicative actions to OPM. Per 5 CFR (g), all actions based on an OPM investigation must be reported to OPM as soon as possible and in no event later than 90 days after receipt of the final report of investigation. The INV FORM 79A is included with closed OPM Reports of Investigation for this purpose. Agencies should follow the instructions provided on the form and return it to OPM within 90 days after receipt of the final report of investigation. In some cases, agencies will also be asked to contact OPM to coordinate adjudication. Occasionally, the agency may be contacted by SAB if OPM decides to assume jurisdiction and adjudicate the case Background Investigations FAQs 7

9 How should I handle cases involving an applicant who is not registered with the Selective Service? An individual's failure to register with the Selective Service is considered an issue of eligibility for appointment, and agencies should follow the guidance provided in 5 CFR when considering such individuals for appointment. Questions may be directed to the Human Capital Leadership and Merit System Accountability Division at (202) , or you may write to: U.S. Office of Personnel Management Human Capital Leadership and Merit System Accountability Division 1900 E Street NW, Room 7470 Washington, DC Will I get a chance to explain some of the answers I provide? Yes. Many types of background investigations involve a personal interview. Moreover, you may submit information on extra pages with your questionnaire if you feel you need to more fully explain details or circumstances of the answers you put on the form. I am a 17-year veteran. If I was convicted of a felony, am I disqualified from suitability for federal employment? Suitability determinations are made on a case by case basis in accordance with part 731 of title 5, Code of Federal Regulations, for covered positions that are subject to investigation. Covered positions are those in the competitive Federal service, those in the excepted service that noncompetitively convert to the competitive service, or career appointments to positions in the Senior Executive Service. This regulation does not apply to military personnel, positions in the excepted service other than those subject to suitability, or contractors. A felony conviction does not automatically make one unsuitable for Federal employment. When making a suitability determination, an agency will evaluate the individual s character traits and decide whether their employment or continued employment would or would not protect the integrity or promote the efficiency of the service. The factors that may form the basis for finding a person unsuitable can be found under 5 CFR (b) and include criminal or dishonest conduct. To the extent deemed pertinent to an individual s case, the agency making the determination must give consideration to the additional considerations found under 5 CFR (c) which include things like the nature of the position for which the person is applying, the circumstances surrounding the conduct, the recency of the conduct, and the absence or presence of rehabilitation. I was cited for speeding once. Will that keep me from getting a job or a clearance? Not necessarily. Any negative information is evaluated regarding its recency, seriousness, relevance to the position and duties, and in light of, and in relationship to, all other information about you. Are you going to tell my supervisor that I'm looking for a job? It is a requirement of a background investigation, and actual employment, that your current employer be contacted. We must verify your employment data and make other inquiries concerning your background. If you are a Federal employee or contractor, for example, it may be that your current employer needs you to have a security clearance for the work you do. In other instances, you are asked to complete the investigative form for an investigation and clearance only after a conditional offer of employment has been made for a position requiring a security clearance Background Investigations FAQs 8

10 Must the contractors who perform background investigations for OPM be licensed private investigators, or are they authorized to perform that investigative work by virtue of their contract with OPM? Agents do not need to be licensed private investigators. All agents working under this contract must meet the training requirements, qualifications, and the security/fitness requirements outlined in the contract. I would like to verify that an individual who left a Calling Card (OPM Form 1634) is retained by OPM to conduct personnel background checks for government security clearances. I have requested a TS clearance renewal and this individual has recently contacted me. Individuals can verify the status of an OPM investigator by contacting FIS Security and Safety Team at 888/ or fissst@opm.gov. Why do you need information about my relatives? Relatives sometimes influence the actions of family members. We need to determine if you could be exploited by threats or pressure against your relatives or if they themselves could exert pressure against you. I am being considered for a Federal job and have been given a personnel security questionnaire. It's very long and asks a lot of personal questions. Do I have to answer all the questions on the form? Much of that information is already on my resume. Yes. The resume is part of the application process. The Security Questionnaire is part of the investigation process. All of the security questionnaire questions should be answered fully, accurately, and honestly. I don't want everybody reading my personal information; who sees this information? The only persons authorized to see your personal information are Personnel Security, Suitability, and Investigations professionals who have been investigated at the appropriate level and who have a genuine and demonstrated need for access to the information. What will happen if I refuse to give you some of this personal information? The investigation is a job requirement. Providing the information is voluntary, but if you choose not to provide the required information, you will not meet the requirements of the job and will therefore not be considered further. If you are already employed by the Federal government, your appointment will be terminated. The courts have upheld this principle. I'm not a criminal. Why do you want my fingerprints? So that we can verify your claim that you're not a criminal by checking the FBI's fingerprint files. Executive Order requires that all Federal employees be fingerprinted. What should I do if I remember something later, after I've filled out the form and returned it? Immediately notify the security officials to whom you submitted the questionnaire Background Investigations FAQs 9

11 Why is detailed information about my education required? Educational history is necessary for jobs that require specific education and expertise. Any information supplied by the applicant must be verified. I am applying for Federal Jobs on the USAjobs website and want to know if selling my home on a Short Sale or Deed In Leu will disqualify my applications or eligibility. Please let me know how either of these situations would affect my ability to obtain a career with the Federal Government. The United States Government does not discriminate in employment. The hiring process we use is merit based, and relies on open competition following public notice of the positions we are filling. Should you apply for a job on USAJobs.gov, your qualifications and application materials will be evaluated. Qualified candidates will be compiled on a list and forwarded to a hiring manager for further review. Your financial situation would not come into play at this stage of hiring. Some positions will require a background investigation to determine your suitability for Federal employment or your eligibility for a security clearance. The scope of the investigation will vary, depending on the nature of the position and the degree of harm that an individual in that position could cause. This is determined by the hiring Federal agency. In some instances, your hiring will be contingent upon completion and favorable adjudication of a background investigation. It is at the background investigation stage that your financial situation would be considered. Adjudicators use what is called the whole person concept to evaluate a person. Any potentially negative information is evaluated regarding its recency, seriousness, relevance to the position and duties, and in light of and in relationship to all other information about a person. Financial situations in your life will not necessarily impact your ability to obtain a Federal job. We encourage you to apply for any positions in which you are interested. Where can I find information on Suitability Adjudication Determination Training? The Office of Personnel Management s Federal Investigative Services is currently developing and offering, on a pilot basis, a course entitled the Fundamentals of Suitability Review and Adjudication. This course is directed toward Federal employees from Executive Branch agencies who perform work as suitability adjudicators or have a suitability screening and adjudication review type function. The purpose of this course is to equip suitability adjudicators with the necessary tools and knowledge of the suitability review and adjudication processes outlined in title 5, Code of Federal Regulations, part 731 and the Suitability Processing Handbook, thereby enabling them to evaluate and adjudicate a person's suitability for Federal employment. Attendees must be Federal employees who have been issued a copy of the Suitability Processing Handbook by the designated agency official. Another option for suitability adjudication training is the USDA Graduate School s Suitability Adjudication Course. Information concerning this course can be found at this website: OPM originally developed this course and has approved its content. This course is open only to Federal employees, and the individual must also have a copy of OPM's Suitability Processing Handbook to attend the class. I was politically active during the last elections. Will that hurt my chances for a job or a clearance? No. It will neither hurt nor help your chances Background Investigations FAQs 10

12 I sent a letter to OPM requesting a copy of my investigative report for my background investigation (per the Freedom of Information Act). I sent the letter two months ago. I have not received my report or any notification. How long does this process take? Our office has a voluminous workload and requests are completed on a first in/first out basis; therefore, we are unable to provide a specific timeframe for processing requests. If an ANACI results in "Denied" eligibility, does the member also lose any Suitability Determination? I've had both YES and NO responses from several OPM personnel. Suitability determinations are made on a case by case basis for covered positions in accordance with title 5, Code of Federal Regulations, part 731. Covered positions are those in the competitive Federal service, those in the excepted service that noncompetitively convert to the competitive service, or career appointments to positions in the Senior Executive Service. This regulation does not apply to military personnel, employees in the excepted service, or contractors. My brother works for one of the largest companies in the world, but he didn't have to go through all this. Why should I? Congress, through statutes, the President, through executive orders, and the agencies charged with carrying out these laws and orders have required this process. There is, generally, no requirement for private employers to use the same guidelines as public employers. Of course, if your brother's job with the private employer required him to have access to classified national security information as a contractor to the Federal government, even your brother would have to be investigated. Do I have to go to a police station to be fingerprinted? You may go to a police station to be fingerprinted. In most instances, however, the agency requiring the investigation and clearance will fingerprint you. What happens when a falsification or deception or fraud issue is developed in an OPM investigation? If a material, intentional falsification, or deception or fraud issue is developed during an OPM investigation, we will contact the agency to coordinate the adjudication. We may assume jurisdiction after discussing the case with the agency. If an agency feels an OPM investigation developed a material, intentional falsification, or deception or fraud issue that should have been adjudicated by OPM but was not, it may contact SAB to request a second review of the case. Is the decision to sustain an objection to an eligible or pass over a preference eligible a suitability action? Is there a right to appeal such a decision to the Merit Systems Protection Board? No; per 5 CFR (a), determinations made and actions taken under part 731 are distinct from objections to eligibles or passovers of preference eligibles, and OPM's and agencies' decisions on such requests, made under 5 U.S.C and 5 CFR The appeal right under 5 CFR part 731 does not extend to any other employment action that an agency takes outside of the procedures set forth in part Background Investigations FAQs 11

13 I am an Employee Relations Specialist with the Air Force in Germany. We recently terminated a probationer for misrepresentation of his OF 306. Our discovery of the misrepresentation was NOT part of any OPM investigation; it was discovered by knowledge obtained by others on our base. We, therefore, took adverse action under procedures of part CFR (g) & 5 CFR (e) which state that an agency must notify OPM if it wants to take, or has taken, action. My question is to whom and how should I make the notification? In cases of covered positions that are subject to investigation as defined in Title 5, Code of Federal Regulations, Part 731, the Office of Personnel Management retains jurisdiction to make final determinations and take actions in all suitability cases where there is evidence that there has been a material, intentional false statement, or deception or fraud in examination or appointment or there is a refusal to furnish testimony as required by 5.4 of Chapter 5. Agencies must refer these cases to OPM for suitability determinations and actions under 5 CFR 731, and when an agency wants to take or has taken an action under its own authority (5 CFR part 315, 5 CFR part 359, or 5 CFR part 752), the agency must notify OPM. OPM may, in its discretion, exercise its jurisdiction under this part in any case it deems necessary. To notify OPM of the action your agency has taken, please contact the OPM Suitability Adjudications office located in Pennsylvania by calling (724) I have a physical disability. Will that hurt my chances for a job? No. It is against Federal law to discriminate against an individual based on his or her disability. When an individual is barred from federal employment up until a certain date and that date passes, and the person then wants to apply for a federal position, what necessary steps should that person (applicant) take via OPM? Once a period of debarment from competition for, or appointment to, specified positions has expired, a person is eligible to apply to any vacancy announcement posted following the application procedures outlined for the announcement. The agency to which the person applies will process the application and evaluate the suitability of the applicant, as appropriate. I am trying to find information about having an international fiancée. My situation is that I am dating a girl from Thailand and I would like to file a fiancée Visa application. I know that this will raise concerns with my clearance. Is there anything I should do before hand to help mitigate any concerns and insure that if I am investigated again I have taken care of any documentation for this? OPM conducts the background investigations, which may be requested by Federal agencies as the basis for a security determination. The adjudication of the investigation and the maintenance of the security clearance are the responsibility of the agency sponsoring the clearance. We encourage you to contact your security office as soon as possible to discuss your situation and ensure you have met their requirements. Is the decision to sustain an objection to an eligible or pass over a preference eligible a suitability action? Is there a right to appeal such a decision to the Merit Systems Protection Board? No; per 5 CFR (a), determinations made and actions taken under part 731 are distinct from objections to eligibles or passovers of preference eligibles, and OPM's and agencies' decisions on such requests, made under 5 U.S.C and 5 CFR The appeal right 2014 Background Investigations FAQs 12

14 under 5 CFR part 731 does not extend to any other employment action that an agency takes outside of the procedures set forth in part 731. How do I report an action my agency takes based on an OPM Report of Investigation? Under the provisions of 5 CFR parts 731 and 732, agencies are required to report their final adjudicative actions to OPM. Per 5 CFR (g), all actions based on an OPM investigation must be reported to OPM as soon as possible and in no event later than 90 days after receipt of the final report of investigation. The INV FORM 79A is included with closed OPM Reports of Investigation for this purpose. Agencies should follow the instructions provided on the form and return it to OPM within 90 days after receipt of the final report of investigation. In some cases, agencies will also be asked to contact OPM to coordinate adjudication. Occasionally, the agency may be contacted by SAB if OPM decides to assume jurisdiction and adjudicate the case. How should I handle cases involving an applicant who is not registered with the Selective Service? An individual's failure to register with the Selective Service is considered an issue of eligibility for appointment, and agencies should follow the guidance provided in 5 CFR when considering such individuals for appointment. Questions may be directed to the Human Capital Leadership and Merit System Accountability Division at (202) , or you may write to: U.S. Office of Personnel Management Human Capital Leadership and Merit System Accountability Division 1900 E Street NW, Room 7470 Washington, DC How can I confirm that someone who wishes to interview me as part of a background investigation for a prospective employee is legitimate; i.e., does, in fact, work for this office? The identity of OPM investigators can be confirmed through Federal Investigative Services Security and Safety Team. There are two ways to confirm the identity of an investigator; by phone at 888/ option 1 or by to FISSST@opm.gov. I have had several bad check charges, and I am being consider for a nurse assistant job. Is this going to disqualify me? Each agency to which you apply will be responsible for making the appropriate access, fitness, suitability and/or clearance determination for any position for which you are being considered. Therefore, it will be up to the agency to decide the impact the situation you describe has on the hiring decision. If asked on any Federal application or background investigation documents, you are required to report the applicable information related to the bad check charges. Do you ever interview someone's ex-spouse or relatives? For some types of investigations, the former spouse may be interviewed regarding the Subject of the investigation. The need to interview a former spouse is dependent on the type of investigation requested Background Investigations FAQs 13

15 How can I know if a person who says he is an investigator for OPM is for real. I have been called by someone who wants to interview me in regards to a friend of mine. I want to make sure it is not a scam. The identity of OPM investigators can be confirmed through Federal Investigative Services Security and Safety Team. There are two ways to confirm the identity of an investigator; by phone at option 1, or by to FISSST@opm.gov. In 2006 I went into Bankruptcy (Chapter 13) and also graduated with a bachelor's degree in finance. I have a clean criminal record. Would my banruptcy keep me from getting a job in a finance dept. for the federal gov't.? If so, can I still apply for any other job? Your 2006 Bankruptcy does not restrict you from applying for Federal positions for which you may qualify; however, each federal agency or department to which you apply is responsible for making the appropriate access, fitness, suitability and/or clearance determination. Therefore, it will be up to the hiring agency to decide the impact your 2006 Bankruptcy has on the hiring decision for a position with fiduciary responsibilities or any other position within the agency. I have friend who has a DUI, and wants to apply to the government. Will he be able to be hired with a DUI on his record? Each federal agency or department to which an individual applies is responsible for making the appropriate access, fitness, suitability and/or clearance determination for any position for which the person is being considered. Therefore, it will be up to the hiring agency to decide the impact the DUI has on the hiring decision. If asked on any Federal application or background investigation document, the DUI must be reported. Can I lose my security clearance if I had to file bankruptcy in the past year? Your employing agency is responsible for making this determination. Executive Order 12968, as amended, sets forth the responsibility and requirements for agency heads to determine the need for employees within the agency to have access to classified information, in addition to the eligibility requirements for being granted access and maintaining such access. I currently have an active TS/SCI clearance that expires 09/29/2012. My 5 year re-investigation was scheduled for 06/29/2012; however, I received a RIF notification yesterday stating that I will be separated on 06/16/2012. My sub-agency is being shut down. Does my agency have the ability to grant me some sort of extension on my clearance as I look for other federal and contractor employment? Also, if I lose my TS clearance to I automatically drop down to a Secret or is it nothing? Security clearances are granted on a need-to-have basis when a person's position requires access to classified information. When the need to access classified information ceases (such as when the person leaves the position), the clearance is terminated (as opposed to dropping to a lower level). A terminated clearance may be reinstated if the same level or lower access is required within two years and a reinvestigation is not due. Based on the information you provided, your reinvestigation will be due in June, and an investigation would be required before another agency could grant you a security clearance at that time. There is currently no mechanism for an agency to continue to sponsor a person's clearance when the person no longer requires the access. Your agency security office can advise you further on your specific situation Background Investigations FAQs 14

16 I am applying for numerous federal jobs. I missed my appointment with my accountant this April and was not able to get another in time for April 15. I have not filed my federal tax return yet. I always get refunds so I don't get too concerned about this. If you have not filed your taxes, but do not owe anything, how will this affect employment with the federal govt. Can I simply file my taxes to fix this? Could I get hired w/out having filed my taxes? Each agency to which you apply will be responsible for making the appropriate access, fitness, suitability and/or clearance determination for any position for which you are being considered. Therefore, it will be up to the agency to decide the impact not filing Federal taxes has on the decision to hire you. When asked on any Federal application or background investigation documents, you would be required to report the applicable information related to the non-filing and/or non-payment of your Federal taxes. HOW OFTEN IS A SECURITY CLEARANCE DONE AND IS IT AUTOMATICALLY INITIATED WHEN A PERSON'S CLEARANCE RE-INVESTIGATION DATE COMES DUE? Security clearances are granted on a need to know basis when there is a need for access to classified information. The reinvestigation requirements differ based on the type of clearance. For Top Secret, the person will undergo a reinvestigation every five years. For Secret and Confidential, the reinvestigation requirements are every 10 and 15 years, respectively. The sponsoring agency is responsible for initiating the reinvestigation at the appropriate time. For what reason, other than applying for a job, would someone be investigated? The U.S. Office of Personnel Management (OPM) conducts background investigations to determine if applicants or employees (civilian, military and contractor) meet the suitability or fitness requirements for employment, or are eligible for access to Federal facilities, automated systems, or classified information. The scope of a background investigation varies depending on the duties and access requirements for the position. The employing or sponsoring agency is responsible for determining the appropriate level of investigation to be conducted based on current rules and procedures. A background investigation may also be conducted if an individual s position requires a higher level of access or a periodic reinvestigation to maintain existing access. Additional information on OPM s Federal Investigative Services can be found on our website at: Does the Office of Personnel Management offer jobs to veterans who have criminal records (felonies or misdemeanors)? And if so, what are the guidelines? Each federal agency or department, including OPM, is responsible for making the appropriate access, fitness, suitability and/or clearance determination for any position in which an individual applies and is being considered. A criminal record does not necessarily exclude an individual from consideration for Federal employment. However, it will be up to the hiring agency to decide the impact an individual s criminal record has on the hiring decision. If asked on any Federal application or background investigation documents, individuals are required to report the applicable information related to their criminal records. I received an (not digitally signed) from someone from USIS trying to contact me to obtain my current location. How do I independently (of the phone # and address) verify whether this is a legitimate request? 2014 Background Investigations FAQs 15

17 Individuals can verify the status of an OPM investigator by contacting the FIS Security and Safety Team at 888/ or In October of 2011 a final adjudication was made on a position of trust security clearance. The adjudication was "No Determination", and I have tried to find a way to rectify this. The causative issue was resolved in the summer of I was only told that if I wanted to I could reapply but not until one year after the adjudication. This has cost me a job and the chance of employment in the government for a year. Is there nothing that can be done? Each federal agency is responsible for making the appropriate access, fitness, suitability, and/or clearance determination on an individual applying to or holding a position within the agency. Adjudicative procedures vary depending on the authority under which a case is being adjudicated. Therefore, should you have further questions regarding the adjudication you reference or its effect on your ability to apply for or hold other government positions, we recommend you contact the agency that made the decision. I currently have two DD214s from two separate times of service. I was given an Other than Honorable(OTH) on my second term of service. It is currently being reviewed at the Army Review Board Agency. I was advised by a lawyer that I did not need to submit it on my Declaration of Federal Employment as it was still being reviewed. I did, however, disclose and discuss this action on my e- QIP and Investigating Officer, and it did not keep me from obtaining a Secrete Clearance. Can this non-discloser be reason for termination, now more than a year later? I did not try and hide it purposely and do not want to be terminated for this. Questions about what action your agency may take due to an omission of information from a Federal form should be referred to the appropriate officials within your agency. Generally, when considering an omission of information from a Federal form as an issue of dishonesty, an agency will give consideration to the intent of the individual in not reporting the information or whether the omission was deliberate. I am with a consumer reporting company and have been asked if I am OPM classified to do background checks at a Federal Waste Disposal Plant. Can I become approved and what are the required checks that would have to be done to conform to your standards? OPM conducts background investigations for the U.S. Government. These investigations are completed by a combination of Federal employees and contract investigators under contract to and with the oversight of OPM. Additionally, a few Federal entities have been delegated authority to complete their own background investigations and some use contract investigators to perform that function. OPM does not "classify" or otherwise approve commercial organizations to complete background investigations Background Investigations FAQs 16