DOE O 3731.1 Chg 1, Suitability, Position Sensitivity Designations, and Related Personnel Matters
Functional areas: Human Resources, Personnel Relations and Services
The order identifies the interrelationships among suitability, security and access
authorizations; to establish guidance and policy regarding position sensitivity designations, certain background investigations, and suitability determinations; and to establish the policies and procedures regarding waivers of pre-employment investigations. Chg 1, dated 7-8-92 supersedes DOE 3731.1.
Version history and related documents
Superseded by
A newer version replaces this document.
Related documents
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
DISTRIBUTION: INITIATED BY:
All Departmental Elements Office of Personnel
U.S. Department of Energy ORDER
Washington, D.C.
12-19-89
Change 1: 7-8-92
SUBJECT: SUITABILITY, POSITION SENSITIVITY DESIGNATIONS, AND
RELATED PERSONNEL MATTERS
1. PURPOSE. To identify the interrelationships among suitability, security and access
authorizations; to establish guidance and policy regarding position sensitivity designations, certain
background investigations, and suitability determinations; and to establish the policies and
procedures regarding waivers of preemployment investigations.
2. SCOPE. The provisions of this Order apply to all Departmental applicants and employees, except
individuals appointed by the President.
3. REFERENCES.
a. DOE 3735.1, DISSEMINATION OF THE DEPARTMENTAL CONDUCT OF
EMPLOYEES REGULATIONS, of 5-1-80, which provides a copy of the DOE regulations
on conduct to each employee.
b. DOE 3750.1, WORK FORCE DISCIPLINE, of 3-23-83, which provides guidance and
DOE policy on adverse and disciplinary actions.
c. DOE 5631.2B, PERSONNEL SECURITY PROGRAM, of 5-18-88, which establishes
policy, responsibilities and authorities for implementing the personnel security program
relating to access to classified information or special nuclear materials.
d. Federal Personnel Manual (FPM) Chapter 432, "Reduction in Grade and Removal Based
on Unacceptable Performance," which describes actions taken based on performance.
e. FPM Chapters 731, 732 and 754, "Personnel Suitability," "Personnel Security," and
"Suitability Disqualification Actions" which describe laws, rules and regulations relating to
suitability and security issues.
f. FPM Chapter 735, "Employee Responsibilities and Conduct," which describes statutory
debarment issues.
g. FPM Chapter 752, "Adverse Actions By Agencies", which describes adverse action
procedures.
h. Office of Management and Budget (OMB) Circular A-130, which contains the requirement
for designating the sensitivity of certain computer positions.
DOE 3731.1
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DOE 3731.1
12-19-89
Title 5, Code of Federal Regulations (CFR), Part 5, which contains
the authority for making suitability determinations.
Title 5 CFR Part 5.4,
testimony.
Title 5 CFR Parts 315
action procedures.
describing required information and
and 752, which describe removal and adverse
Title 5 CFR Parts 731, 732, and 754, which describe regulations
relating to suitability and security.
Title 10 CFR Part 710, which establishes criteria and procedures
for determining eligibility for access to classified matter or
significant quantities of special nuclear materials.
Title 5, United States Code (U.S.C.), section 7532, which provides
for removals that are necessary or advisable in the interests of
national security.
Section 145(b) of the Atomic Energy Act of 1954, as amended, which
describes access requirements.
Executive Order 10450, of 4-27-53, which contains investigative
requirements.
Executive Order 12356, of 4-2-82, which describes a system for
safeguarding national security information.
4. DEFINITIONS.
a. Access Authorization. An access authorization or security
clearance is an administrative determination that an individual is
eligible for access to classified information or special nuclear
materials. Section 145(b) of the Atomic Energy Act of 1954 states
that there shall be no access to Restricted Data until the Office
of Personnel Management (OPM) shall have made an investigation and
report on the character
individual.
Section 2
, associations and loyalty of the
For certain levels of access the Federal Bureau of
Investigation performs the role assigned to OPM by this section of
this act.
b. Designated adjudicators are members of a
servicing personnel office who make suitability determinations.
They must have attended an appropriate OPM training course in
adjudication and must have been subject to a favorable evaluation
based on at least a Background Investigation.
.
.
c. Investigation. A review of an applicant’s or employee’s
background. The different levels of investigation are:
Designated Adjudicators.
DOE 3731.1
12-19-89
(1)
(2)
(3)
(4)
(5)
(6)
National Asency Check. The National Agency Check consists of
record searches wlth selected sources covering specific areas
of the subject's background.
National A2ency Check and Inquiries. The National Agency Check
and Inquirles consists of wrltten inquiries and record searches
covering specific areas of the subject's background during the
past 5 years.
Minimum Background Investitation. The Minimum Background
Investigation consists of he National Agency Check and
Inquiries and a credit search.
Limited Backsround Investigation. The Limited Background
Investigation consists of an interview, personal interviews
with selected sources covering specific areas of the subject's
background during the past 1-3 years, and written inquiries,
record searches and credit searches covering the past 5 years.
Background Investigation. The Background Investigation consists
of an interview, wrltten inquiries, record searches, credit
searches and personal interviews with selected sources, covering
specific are~s of the subject's background for at least the past
5 and not more than 7 years.
Special Backsround Investigation. The Special Background
Investigation consists of an interview, written inquiries,
record searches, credit searches and personal interviews with
selected sources covering specific areas of the subject's
background during the past 15 years.
d. Personnel Security. Personnel security, for purposes of this Order,
means a requirement or requirements for Government employment relating
to the protection and preservation of the military, economic, and
productive strength of the United States, including the security of
the Government in domestic and foreign affairs, against or from
espionage, sabotage, and subversion and any and all other acts or
situations likely to weaken or destroy the United States. Executive
Order 10450, section 3(a) states that the appointment of each civilian
officer or employee shall be made subject to investigation. The scope
of the investigation shall be determined according to the degree of
adverse impact on the national security, but in no event shall be less
than a National Agency Check and Inquiries.
e. Preinvesti ative Referral. If a review of an individual IS application
an app lcatlon-re ate lnformation received or developed identifies
any potentially disqualifying suitability issues, the case must be
referred to an agency or OPM adjudicator for a preliminary suit
ability determination. This process takes place when the individual
3
4 DOE 3731.1
12-19-89
is applying for placement or retention on a competitive register or
when the individual is being given employment consideration outside
a register. Generally, the referral results from a review of
submitted materials only. However, if these materials indicate
a possibly disqualifying issue, the review may be hroader in scope
to determine appropriate action.
Section 3
f. Risk.
(1) The magnitude of hann which an individual could cause to
the natl0nal lnterest by virtue of occupancy in a position
or perfonnance of an activity;
(2) The opportunity that an individual would have for effecting
harm; and
(3) The extent to which any hann effected would be correctable.
g. Suitability. Suitability means a requirement or requirements for
Government employment relating to a person's character, reputation,
trustworthiness and fitness as related to the efficiency of the
service. The authority for maklng thlS determlnatlon comes from
Title 5 CFR Part 5, which states that the Director, OPM, may
investigate the qualifications and suitability of applicants for
positions in the competitive service.
5. POLICY.
a. The Department of Energy (DOE) will apply the same requirements for
suitability investigation and adjudication to non-Presidential
appointees in the Senior Executive Service (SES) and excepted services
as apply to positions in the competitive service, except that Part 754
and Part 752 procedures will only apply as specifically required by
law or OPM regulation.
b. The sensitivity of each position in the Department will be designated
in accordance with established, uniform criteria.
c. The Department will conduct a suitabi1 ity program to ensure that each
person emo10yed will promote the efficiency of the service.
6. RESPONSIBILITIES AND AUTHORITIES.
a. Secretary.
(1) Provides general policy direction for the DOE suitability
program.
I
I
DOE 3731.1 Chg 1
7-8-92
(2) Authorizes access to
to section 4.1(a) of
5
National Security Information pursuant
Executive Order 12356 prior to
completion of the required investigation when such action
has been determined to be in the national interest.
b. Under Secretary. Approves or disapproves requests to waive the
preemployment investigation required for critical-sensitive or
noncritical-sensitive positions.
c. Director of Security Affairs (SA-1).
(1) Authorizes access to Restricted Data pursuant to sections
145(b) and 145(c) of the Atomic Energy Act of 1954, as
amended, prior to, or in lieu of completion of the required
investigation, after determining that such action is in the
national interest.
(2) Grants, reinstates, continues, denies, or revokes access
authorization in accordance with 10 CFR 710.32.
(3) Recommends to the Chief Financial Officer (CR-1) the amount
of funding necessary for conducting investigations.
(4) Concurs on requests to the Under Secretary for waivers of
preappointment investigations.
(5) Makes all determinations relating to access to Restricted
Data, other than those cited in paragraph 6c(1) above.
d. Heads of Departmental Elements.
(1) As required, request waivers of preemployment investigations
from the Under Secretary.
(2) Designate a point of contact for position sensitivity level
designations-and processing of
(3) Request approval to utilize an
described in this directive.
AS required, request access to
investigative forms.
alternative procedure to one
Restricted Data prior to, or
in lieu of completion of the required investigation from the
Office of Security Affairs.
e. Deputy Assistant Secretary for Naval Reactors (NE-60). Determines
position sensitivity or positions to which personnel are assigned
within the Naval Nuclear Propulsion Program.
Vertical line denotes change.
I
( 4 )
6 DOE 3731.1 Chg 1
7-8-92
I f. Director of Personnel (AD-50).
Section 4
(1) Develops, promulgates, implements, and provides advice on
policies, standards and procedures concerning suitability,
position sensitivity level designations, and related
personnel matters.
(2) Evaluates the effectiveness of the suitability and position
sensitivity level designation programs.
(3) Maintains liaison with OPM and other organizations regarding
suitability and position sensitivity matters.
(4) Approves requests to utilize an alternative procedure to one
described in this directive.
g. Manaqers and Supervisors. Determine the level of access required
and the sensitivity of each subordinate position and certify that
information as required by the provisions of this Order.
h. Employees and Applicants. As required, complete security and
suitability forms completely, accurately, and in a timely manner.
This involves providing full, frank, and truthful answers to
relevant and material questions and, when appropriate, furnishing
or authorizing others to furnish information during the course of
an initial background investigation, reinvestigation, interview,
letter of interrogatory, or hearing. An individual may elect not
to furnish such information, but such an election may result in a
disciplinary action, up to and including removal, or, in the case
of an applicant, a decision not to employ.
i. Servicing Personnel Offices.
(1)
(2)
(3)
(4)
Provide day-to-day advice and guidance to managers,
employees and supervisors on the suitability and position
sensitivity level designation programs.
Perform all phases of technical personnel operational
support to organizational units serviced in order to ensure
that the provisions of this Order and other related Orders
that are under their jurisdiction are followed consistently.
Provide input to appropriate data systems (e.g., PAY/PERS)
in order to ensure the accuracy of such systems.
Designate a suitability adjudicator and, where possible, a
backup, who will determine the action to be taken in
response to the identification of adverse suitability
information.
Vertical line denotes change.
DOE 3731.1 Chg 1 7 (and 8)
7-8-92
7. OVERVIEW. The following describe the primary areas of activity which
are covered by this directive:
a.
b.
d.
e.
Position Sensitivity Level Designation. A determination of how
comprehensive a background investigation will be required for
entry into a given position.
Pre-Investigation Referral. Where derogatory information is
discovered prior to initiating the appropriate level of
investigation, the case must be referred to a designated
adjudicator or to OPM for a preliminary suitability determination.
Investigation. If no preliminary derogatory information is
discovered, or if such matters are adjudicated in the applicant’s
or employee’s favor, an appropriate level of review of the
applicant’s or employee’s background is conducted.
Waiver of Investigation. In some cases, a waiver may allow an
applicant or employee to enter a new position or assume new duties
prior to completion of the investigation. A waiver does not alter
the requirement for an investigation or final suitability
determination.
Suitability Determination. Following completion of the
investigation, a final suitability determination must be made. If
an adverse determination is made, or if access authorization is
suspended or revoked, appropriate actions must be taken.
8. ALTERNATIVE PROCEDURES.
Section 5
a. An intent of this directive is to ensure that matters relating to
suitability are conducted with a degree of uniformity and
consistency within DOE and that all applicable laws and
regulations be properly observed. The head of any field element
holding delegated personnel authority or the Director of
Classification and Staffing Division (AD-53) may request approval
from AD-53 to utilize alternative Procedures to those described in
this directive, so long as the alternative procedures proposed
meet these requirements.
b. Any request for approval of an alternative procedure must
describe the procedure to be used, including any alternative
I and must be signed by the head of
BY ORDER OF THE SECRETARY OF ENERGY:
the field-element or by
DOLORES L. ROZZI
clearly
forms
AD-53.
Director of Administration
and Human Resource Management
Vertical line denotes change.
c.
DOE 3731.1
12-19-89
0
TABLE OF CONTENTS
CHAPTER I - POSITION SENSITIVITY LEVEL DESIGNATIONS
1. Position Sensitivity Level Designations .......••......•.•................
2. Procedures .............................................................. .
Attachment I-1 - Position Sensitivity Level Designations ...... .
Attachment I-2 - Position Sensitivity Level Designation
Work sheet . ................................. .
Attachment I-3 - Program Placement Designations .........•......
CHAPTER II - PREINVESTIGATIVE REFERRALS
1. Procedures . ............................................................. .
2. Referrals Based on Delegated or Direct Hire Examining Authority •.•..••...
3. Initial Review of SF-85, "Questionnaire for Nonsensitive Positions,"
or SF-86, "Questionnaire for Sensitive Positions," .•..•.•...•..........
4. Procedure for Making a Referral ......................................... .
5. Safeguarding Reports .............................•••..••.................
CHAPTER III - INVESTIGATIVE REQUIREMENTS AND PROCEDURES
1. Employment of a Non-DOE Individual .•..............••..•••••••..•••.•.••..
2. A Position Change of a Current DOE Employee Which Requires a More
Stringent Investigation ..........•.........•......•..•...••••.......•..
3. Procedures .. ............................................................ .
4. Reinvestigations ........................................................ .
5. Recordkeeping ........................................................... .
Attachment III-1 - Required Forms .....•.•..•...•..••..........•
CHAPTER IV - WAIVER OF PREAPPOINTMENT INVESTIGATION
1. Waiver of Preappointment Investigation .....••.••..........•.........•....
2. Procedures . ............................................................. .
Attachment IV-1 - Request Example .....••••••••••.••............
CHAPTER V - SUITABILITY DETERMINATIONS
1. Suitability Adjudicators ................................................ .
2. Applications Received ................................................... .
3. Adverse Determinations . ................................................. .
4. Timeliness .............................................................. .
5. Adjudications ........................................................... .
CHAPTER VI - ACTIONS TAKEN AS A RESULT OF AN ADVERSE SUITABILITY DETERMINATION
OR A REVOCATION OR SUSPENSION OF AN ACCESS AUTHORIZATION
1. Termination During a Period of Probation .•.......................•.......
2. Removal and Debarment Actions for Unsuitability ....••••.•.•••••••.••....•
i
PAGE
I-1
I-2
I-5
1-7
I-13
II-1
II-1
Section 6
II-5
II-5
II-5
II I-1
II 1-1
III-2
III-4
II 1-5
II 1-7
IV-1
IV-1
IV-3
V-1
V-1
V-2
V-2
V-3
VI-1
VI-1
; ; DOE 3731.1
12-19-89
3. Adverse Actions for Misconduct under 5 CFR Part 752 .................. VI-2
4. Actions Involving an Applicant or Eligible ........................... VI-3
5. Adverse Actions Based on Security Considerations ..................... VI-3
6. Actions Involving Members of the Senior Executive Service Who Are
Serving a Probationary Period ................•..................... VI-4
7. Actions Involving Members of the Career Senior Executive Service Who
Are Not Serving a Period of Probation. . . . . .. .. . . . .. .. . . . . . . .. . .. .. . V I-5
8. Actions Involving Noncareer Members of the Senior Executive Service .. VI-5
CHAPTER VII - LOCAL PROGRAMS
1. Reporting Requirements .............................................. .
2. Reviews of Local Plans .............................................. .
3. Local Plans ......................................................... .
VII-1
VII-1
VII-2
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DOE 3731.1 Chg 1
7-8-92
I-1
CHAPTER I
POSITION SENSITIVITY LEVEL DESIGNATIONS
1. POSITION SENSITIVITY LEVEL DESIGNATIONS.
a. In order to comply with all applicable requirements, some
investigation must be made on any individual who is to be employed
by the Federal Government. In order to determine how
comprehensive the investigation will be, three separate
determinations have to be made:
(1) How sensitive the position is in terms of the potential for
adverse impact on the efficiency of the service;
(2) How sensi
security
(3) What, if
Formerly
special
I
I
tive the position is in terms of the potential for
impact on the national security, including any ADP
considerations; and
any, access is required to Restricted Data,
Restricted Data, National Security Information, or
nuclear materials in categories I or II.
b. Determinations regarding access to classified information or
special nuclear materials and position sensitivity in terms of the
national security are both issues under the purview of the Office
of Security Affairs (SA-1). Details regarding these matters are
discussed in DOE 5631.28, PERSONNEL SECURITY PROGRAM, and
questions should be referred to SA-1. In an effort to clarify the
steps that must be taken, however, all three determinations will
be discussed in this Order.
c. Position sensitivity level designations result from the
determinations described in paragraph la above and must be made
for every position in the Department. Regardless of whether the
designation is made based on the efficiency of the service or the
national security, the same four designations are used:
Special -Sensitive (SS), Critical Sensitive (CS),
Noncritical-Sensitive (NCS), and Nonsensitive (NS). These
designations are used to identify the type of investigation to
which the applicant or incumbent will be subject and the frequency
with which reinvestigations will be performed. In addition to the
four basic sensitivity designations, positions that involve the
responsibility for, involvement in, or access to computer systems
must be identified by the addition of the letter “C” after the
designation, pursuant to OMB Circular A-130 and FPM Chapter 732,
subchapter 2-3. Finally, there are four access authorization
Vertical line denotes change
I-2 DOE 3731.1
12-19-89
designations: Q-sensitive, Q-nonsensitive, L, and S. Each position
in DOE will be assigned a position sensitivity level designation that
will include, if applicable, all of these designations. This means
that there are a total of 30 possible position sensitivity level
designations as shown in Attachment I-1.
Section 7
2. PROCEDURES.
a. Position sensitivity level designations will be made using either the
process described in FPM Chapter 731, Appendix A, or the modification
of that process described on the “Position Sensitivity Level
Designation Worksheet.” In either case, DOE F 3731.1, “Position
Sensitivity Level Designation,” must be used to document the
designation. The worksheet presents supervisors with a series of
questions which, when answered, will result in a proper position
sensitivity level designation. Samples of the worksheet and of the
designation form are shown in Attachment I-2.
b. A part of the designation process deals with designating the impact
and scope of the program with which the position is concerned. To
facilitate this part of the process, Attachment I-3 contains a list of
program placement designations. If individual organizations find that
the designations shown are not appropriate, an alternative list may be
developed. The list must apply to the entire organization
(Departmental Element) and must be available for review. The steps
described in FPM Chapter 731, Appendix A, will apply and appropriate
documentation must be maintained. If an employee is engaged in work
that involves more than one program, the program having the highest
level of sensitivity must be used in the designation process,
regardless of the amount of time the employee spends in that program.
c. DOE F 3731.1, “Position Sensitivity Level Designation,” only will be
submitted to the servicing personnel office and will be filed, at the
option of the servicing personnel office, on the left-hand side of the
Official Personnel Folder of the incumbent of the position, in a
separate file of position sensitivity level designations, or with the
official position description.
d. Within 6 months of the date of issuance of this Order, all supervisors
must complete a DOE F 3731.1, “Position Sensitivity Level Designa-
tion,” for each subordinate position. If more than one individual is
covered by a single position description (standard jobs or additional-
identical positions), and if the position sensitivity is determined
based on risk factors and not on unique factors, a single copy of the
form may be completed and photocopied for each incumbent. Each
DOE 3731.1
12-19-89
0 0
I-3 (and I-4)
supervisor, however, must complete at least one form for each group
of positions. If, for example, a Departmental Element utilizes a
standard position description fQr clerk-typists, each supervisor
must complete a form for clerk-typists under his or her direction.
A single form may not be used to cover all clerk-typists in the
Departmental Element.
DOE 3731.l
12-19-89
• 0
POSITION SENSITIVITY LEVEL DESIGNATION
.-----·-·- ---- -·--··---·-
o-,.,,.itiY• 0-••n~lllV(' O-nnn ... n,1,t1vr- 0-non- L .("("P'l'I l ••<•• • S ecc•••
•cc••• rffutr•d; •c.cr-J.'I ,1rcp.,.,or. rP11u1rff; ••n•atlv• rP11111rPd; r~utr• ti'""''"' ADP-coaputPr rffu11 p,t I\OP-rn•n•1t•r •ccp,, nor -cnlllflulPr ADP-coaput•r
•acurity 1,p, u, ,t, ,equ1rM o;Pcu, 1ly .. ,ur1tv
1nvolvN 1nvolv•tl 1nvol11•d 1nvolvN
----- --------- ----· ------
5505-C 5505 !;SON-[ 5SOH sss-c
Critic•l·~itiv• CSOS-C CSQ'; CSOH r. lSON cr,1.-c CSL c~s-c
NI ~UN-C NC.!'"..DN Nl'!tl-C NC!:S-C
--- - ____ .._ ___ _
~
Attachment 1-1
Page 1-5 (and 1-6)
S ~c••• no .cc••• no KCH• requtr9dt
r9'QUirN r-«1111rN1 no AOP-coaput.,.
AOP-co..,ut...- SKurUy .........
-.curity
1m,olvN
555 55-C 55
css C5-C cs
NCSS NCS-C NCS
115-C NS
I •· [
f
I
Section 8
!.
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)
I
DOE 3731.1 Chg 1 Attachment I-2
Page I-7 (and I-8)
DOE F 3731.1
(12-89) U.S. Department of Energy
POSITION SENSITIVITY LEVEL DESIGNATION
ORGANIZATION LOCATION:
First Subdivision : Administration and Human Resource Management
Second Subdivision: Office of Personnel
Third Subdivision: Division of Classification and Staffing
Fourth Subdivision: Recruitment and Staffing Policy
Fifth Subdivision:
POSITION NUMBER:
(If this determination was arrived at based on risk factors, enter the program
risk points in each column):
placement level assigned and the
PROGRAM PLACEMENT LEVEL TOTAL RISK POINTS:
RISK POINTS ASSIGNED: A B C D E
ADP-COMPUTER SECURITY: —
Typed Name and Title
First Level Supervisor
Signature Date
Typed Name and Title
Reviewing Official
Signature Date
Vertical line denotes change.
7-8-92
POSITION TITE, SERIES, AND GRADE: Personal Management Specialist, 201-13
DOE 3731.1
12-19-89
G)
In order to perform the duties of
this job. 11 acceu required to:
Rootrlcted data;
Formerly restricted data;
National security lnformatk>n; or
Special nuclear materials in
categories I or 117
D
YES
D
NO
D
NO
Is this position
policy-making or
policy determining 1
Does the position Is this • tupport ""°"" invNdgolhle position that ln-
dutiel, the ls- volves regular con-
suance of penon- tact with and an-
nal HCUrlty going knowledge
c•rancea or duty of aensitive
Date and initial
box and go to
next page.
on personnel policia and plans?
security boards7 D D vi
D D ~ ~ YES YES
Initials / Date
.,. __ ..... __ ----·-· ·-
Does the accees involve
broad policy or program I D
development as descrlb- YES
od in DOE 5631.2b7 1---------,,/ ~--
1 • -- _... I D
_N_Q
D
NO
D
NO Position ~ is .. lout -~
-· Ac:c:Na authorization is Q • ....-. E- Iha coda "CSQS" In box.
Code:
Does the position In
volve reaponsibHity for
planning. direction, or
implementation of a
computer security pro
gram; major responslbU
lty for planning. deoign
or direction. of a com
puts system; or access
to a avstem with
ratlvaly high risk for
cauaing grave damage
or reaNzing significant
personal gain?
Does the poeition in
volve ....,.,.,.blHty for
planning, direction,
design. operation or
maintenance of a com-
puter - with a
technlcelrevlewbya
hlghef authority who is
In a critical-sensitive
position to ensure the
Integrity of the -7
(This lnclu- positions
with accea to pro
prietary data or lnfonna
tlon requiring protection
under the Privacy Act of
1974.1
D
YES
Check previously assigned
code. If position sensitivity
hwel was critical-sensitive
or special-sensitive, add
the hitter "C" to the code.
If position NnSitlvlty level
was noncritical-sensitive,
increase to critical
sensitive and add the let
ter "C". For example,
"SSQS" becomes ··ssas
C" and "NCS" becomes
"CS-C". Enter new code
In box.
Code:
Js current code "SS",
"'SSQS" or "SS0N"7
Is there a potential for ln
estimab6e adverse impact?
Add the latter "C" to the
code. Enter new code in
box. Is new code "SS-C",
"SSQS-C" or "SSQN-C"7
D
'f_!;!;_
D
NO'
I J D
Code: YES
Attachment I-2
Page I-9
Position Sensitivity
Level Designation
Worksheet
• READ all questions carefully
• CHECK the appropriate answer box 1n
response to each question
• COMPLETE the appropriate bo:w; or boxes
to show position sensitivity or comple
t,on of this step
Position sensitivity is ln
creaaed to tpedal Nf'l
ahlve. For OX8mplo;
"CSQS" becomes "SSOS"
"CSQS.C" becomeo "SSQSC"
"NCSL" becom• "SSL"
"NCSL-C" bacomeo "SSL·C"
"CS" becomes "SS" ·
"CS-C" becom• "SS-C"
Ent. new code In box:
Section 9
Code;
If current posttion
sensittvlty level tS
special-sensitive or
critical-aensitive
l"SS", "SSQS".
"SSQN". "CS",
"CSTS". "CSQN".
or "CSQS"I go
directly to certifica
tion form. All other
hlvets must com
plete next page.
Date and lnltial
box.
lnltial
Attachment I-2
Page I-10
@ For each riM factor. CIRCLE the point vatue 1N1t bat dllacrl:,ee the degr'N of impact.
IMPACT DESCRIPTIONS
DEGREE OF PUBLIC TRUST
Expectation that dutiN are car-
rled out wtlh ho-. Integrity,
jua11ce, roNoblllty end
responsibility.
Potential for Independently crippling moat or
all phaSN of program operation or tong-term
compromtM of program integrity. 7 points
Potential for independentfy compromising the
Integrity and effectiveness of a major program
element or component or, in conjunction wtth • points
others, damaging all pha .. of program
operations.
Potential for causing a serious question to be
raiNd as to the integrity and effectiveneaa of
program operations. through Independent 5 points
actton or with others.
Potential to, reducing the efficiency of overall
program operations, or the overaH operations
4 points of major program elements or components,
RISK FACTORS RISK FACTORS AND IMPACT DESCRIPTION
FIDUCIARY RESPONSIBILITY IMPORTANCE TO PROGRAM PROGRAM AUTHORITY SUPERVISION RECEIVED
Authority or abllity to obligate, Impact tho lndlvtdual position AbiRty to manipulate or control Frequency with which work ls reviewed and
expend or control pubic monlN ha, due to etatue In or In- the outcome or reeutta of an or nature of the revtew.
or Item• of value. ftuence on the program u a key portions of a program or
whole. pollcy.
Occaaional review only with respect to major
pollcy - by superior without oxportlso In
7points 7points 7points tho '9chnk:al _.. of program pollcy end
opentlons. ~
Review in connection with basic poficy con-
sldonlllons only es they ariH by 1Yporior with
6 points 6 points &points no real expertlN In the technical NpeCtl of
program poNcy and operations. rs;;;;;;-
Ongoing - review of pollcy end major op-
orationol consldonltlon• of work by ._ior
5points 5 points 5points with eome knowledge of program operations,
but with minimal technical program expertiae.
~
Continuing review of work by superior with
4 points 4 points 4 polnta
eome knowledge of program operations, but
with eome technical program expertise.
through independent action or wtth o~. ____
... .. ... ----- -- . -c---·----~
Potentlol for imt_.-tly -cing the effi.
ciency of overaH operations of a major pro-
3 points gram element or component or. with others. 3 points 3 points
the efficiency of overall program operations.
Potential for reducing the efficiency of one
phase of day-to-day operations of a major pro-
2 points 2 points 2 points gram element or component, through indepen-
dent action or with others.
Potential for damage not meeting above
criterio. 1 point 1 point 1 point
Identify progam placement laval from DOE 3731.1. or from FPM chapter 731 and enter here:
! If program I And total risk
placement is: I factor pointl are:
Highoot O ill4-3& 0
111-23 0
s-11 0
Significant O j 311-3; 0
24-29 0
s-23 0
Moderate 0(311-3; 0
11.29 0
s-10 0
Lowest D 1-0
s-29 0
I Then position ....atMty r\i
level designation is at least:
Spocio~Sonolttw ISSi
Crltk:o~SonolttwlCSI
Noncrtticol-Sonoltive INCS)
Spociol-Son9itl ISSI
Critlcal-Sonolttw(CSI
Noncritical-Sonsitivo INCSI
Crltk:ol-Sonsit (CS)
Noncritlcol-Sonsltivo (NCSI
No.......-(NSI
Noncritical-Sensttive INCS)
Section 10
No.......-lNSi
If no code was
entered on page 1
enter code from
previous step In box.
If a code w .. entered
on page 1 enter the
higher of tho code
from page 1 or the
code from the
previous step.
Code:
I \I~·...-.~ P?!-' ... i I n \I
Code:
3 points
2 points
1 point
for planning, direction or implementation
of a computer NCUrity program; respon
eibllity for planning, direction or design
of a computer system; or accaa to a
- with relottwly high risk for
causing grave damage or'reallzlng
significant per90MI gain?
Check p,ovk>1•ly antarod code. If It is
"SS" or "CS", add the letts "C" to the
code and enter in box. Go directly to cer
tification form.
Code:
I
Ongoing apot review of work in connection
with Important operational iuuee by Rlperior
with technical program expertise. rr;;;;;
Continuing review of work by superior with
technical program expertise.
~
Continuing review of ell phosoo of work by
supervisor with technical program expertise.
~
I
for planning, direction, delign, operation
or maintenance of a computer system
with • '9chnk:al review by • higher
authority who la In a critical-sensitive
poatdon to ensure the Integrity of the
system? (Thia lncludea positions with ac
CNB to proprietary data or information
requiring protection under the Privacy
Act of 1974.)
If previously entered code
was not "SS" or "CS",
position sensitivity ls In
creased to critlcal-•naitive
C. Enter new code of CS-C
In box.
Code:
I
DOE 3731.1
12-19-89
LINE TOTALS
Add the total points
clrded on this Hne and
enter here:
Add the total points
circled on this line and
enter here:
Add the total points
circled on this line and
enter here:
Add the total points
circled on this line and
enter here:
- ---- -- --
Add the total points
circled on this line and
enter here:
Add the total points
circled on this line and
enter here:
Add the total points
circled on this line and
enter here:
Add line totals and
enter here:
C
C
C
DOE 37 31. 1
12-19-89
HIGHEST
0
PROGRAM PLACEMENT DESIGNATIONS
Manage nuclear materials program.
Perform nuclear weapons activities.
Provide for an adequate stockpile of enriched uranium.
Test nuclear weapons systems.
Attachment I-3
Page I- 11
Grant permits and authorizations related to international trade in natural
gas and electricity.
Issue licenses and authorizations for the import and export of electricity and
natural gas consistent with the integrity of the United States' energy supply
systems and the security of the foreign supply sources.
SIGNIFICANT
Administer safeguards, security, arms! control and intelligence programs.
Conduct nuclear waste treatment and storage activities and manage civilian
radioactive waste management activities.
Oversee, manage or investigate the de~ign, licensing, building. testing and
operation of nuclear reactors.
Conduct and manage proceedings to distribute refunds collected through
enforcement and settlement actions.
MODERATE
Maintain relationships with foreign gbvernments and international
organizations.
Perform national security reviews.
Conduct classification program (dealing with the control of information, not
position classification).
Provide technical advice regarding international energy negotiations.
Conduct environmental research and development activities.
I
Attachment I-3
Page I- 12 DOE 3731.1
12-19-89
Coordinate, supervise and conduct investigations or audits of all DOE
activities and recommend corrective actions.
Section 11
Perform inertial confinement or magnetic fusion research and development.
Manage cooperative international energy programs.
Develop and implement voluntary and incentive programs to increase domestic
supplies of petroleum, natural gas, coal and uranium.
Manage the naval petroleum and oil shale reserves.
Provide for the design and development of improved naval nuclear propulsio~
plants.
Provide analysis and forecasting services.
Conduct technology application programs to improve energy efficiency and system
utilization and reduce energy consumption.
Review and assess environmental impact statements and DOE policies, products
and plans for environmental impacts.
Establish safety standards.
Manage the strategic petroleum reserve.
Refer to the Department of Justice cases for the initiation of court
enforcement actions.
Provide an impartial forum for resolving disputes involving the Department and
its contractors; patent rights; grants, cooperative agreements and loan
guarantees; and applications for extraordinary contractual relief.
Conduct environmental hearings.
LOWEST
Collect, validate, and interpret industry, production and other economic data.
Assess world energy price and supply trends and technological developments.
Produce and market energy resources.
Manage DOE aspects of Federal energy resource leasing procedures and power
transmission and marketing.
Develop programs to respond to emergency situations and conditions.
J
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DOE 3731.1
12-19-89
Attachment I-3
Page I- 13
Negotiate, oversee and administer contracts, grants, cooperative agreements and
loan guarantees.
Explore and develop advanced processes for converting coal to synthetic fuels
and chemical feedstocks and for direct Utilization of coal.
Provide support for the increased produttion of oil and natural gas reserves.
Manage DOE multi-purpose laboratories.
Coordinate policy initiatives, proposed legislation and the National Energy
Policy Plan.
Review proposed DOE regulations for legal sufficiency.
Prepare DOE legislation and legislativeicomments.
Provide legal opinions and advice.
Perform and coordinate DOE litigation.
Evaluate legislation for impact on DOE programs.
Manage the DOE patent program.
Oversee and administer standards of conduct, ethics and financial disclosure.
Coordinate the DOE evaluation and analysis of policies and programs.
Manage the DOE consumer affairs programs.
Oversee and conduct DOE relations with Congress, the news media, the States,
regional and local agencies, educational institutions and other groups.
Develop and implement conservation programs to improve energy efficiency and
system utilization and reduce energy co~sumption.
Conduct energy conservation and solar commercialization activities.
Conduct solar and geothermal heating and cooling programs.
Assure adequate health and safety measures in DOE programs.
Assure compliance with environmental laws and procedures.
Administer, oversee and provide guidance on construction programs.
Attachment I-3
Page I- 14
Manage information programs.
Operate DOE accounting system.
DOE 3731.1
12-19-89
Prepare and support the DOE budget, including oversight activities.
Administer financing studies and conduct cost estimates.
Develop authorization and appropriation legislation.
Manage Federal property.
Plan and conduct procurements.
Provide personnel management, including resource allocation, employment,
labor-management and employee relations, classification, reporting and control.
Section 12
~anage the DOE equal employment opportunity program,
Provide administrative services and support, records and reports management and
real property control.
Develop, implement and manage automatic data processing programs and management 1\
information systems. ~
Provide protective services, including firefighting, emergency medical
technician and guard functions.
Administer loan guarantee programs, grants or demonstration projects.
Promote academic community research.
Conduct advanced experimental and theoretical studies of the properties and
dynamics of atomic nuclei and of the forces that govern the interaction among
nucleons.
Provide advice regarding research and development.
Oversee all research and development.
Prepare DOE reports to the Congress.
Conduct investigations and audits to identify regulatory violations.
Negotiate settlements resolving potential liability for regulatory violations.
j
DOE 3731.1
12-19-89
0
Attachment I-3
Page I- 15 (and I-16)
Pursue the administrative collection of funds owed under final Departmental Orders •
.
Petition for the initiation of administrative refund procedures.
Determine the specific kinds of energy policies and programs which are needed
to significantly enhance the economic conditions of minorities, minority
enterprises and minority educational institutions, in the energy technology
environment.
Manage, evaluate and promote the DOE small and disadvantaged business program,
and report to Congress thereon.
DOE 3731.1
12-19-89
0 0
C~APTER II
PREINVESTlGATIVE REFERRALS
II-1
1. PRqCEDURES. Before a request for an investigation is initiated, a
review of any submitted application materials must be made in order
to detennine whether there are any disqualifying factors that would
preclude employment:
a. In any Federal position {ba~ic suitability);
b. In any position with the level of sensitivity of the vacancy;
(position sensitivity); or ·
c. In the particular position for which application has been made;
(position performance).
The servicing personnel office ~ill review the application materials
for disqualifying factors as described in FPM Chapter 731, subchapter 3,
except as provided for in FPM Chapter 731, subchapter 4. If any factors
are identified, the application will be referred either to the designated
adjudicator or to OPM. The adjudicator will detennine whether the
individual appears to be suitable for employment in the Federal
Goverrment, in any position with the level of sensitivity of the vacancy,
or in the particular position for which application has been made. The
specific procedures to be used a,re described in the remainder of this
chapter and in FPM Chapter 731.
2. REFERRALS BASED ON DELEGATED OR
1
DIRECT HIRE EXAMINING AUTHORITY. Unless
alternative procedures have been agreed upon with OPM, any servicing
personnel office that holds delegated examining authority must follow
these procedures when an application for the examination is received:
a. The application must first be reviewed to detennine whether the
individual qualifies for the position in question. If he or she
is qualified and is either within reach for appointment or likely
to be within reach in the near future, the application is to be
marked "eligible" or with a numerical rating.
Section 13
b. After the qualification determination is made, a suitability
detennination must be made. If there is no indication of potential
adverse suitability information, the examiner must make a notation
in the examining office section of the application form indicating
that the application is acceptable from a suitability standpoint.
The notation must include the initials of the examiner and the date
the determination was made (e.g., "OK suit. VN/1-1-8611). The
following entries are indications of potential adverse suitability
information:
II-2 DOE 3731.1
12-19-89
(1) An other than honorable discharge from military service, any
statutory debannent issue as shown in FPM Chapter 735, any
loyalty or terrorism issue, or any evidence of dishonesty in
the examination or application process (e.g., falsification of
the application);
(2) Any felony or fireanns or explosives offense which occurred
within 15 years of the date of the application.
(3) Any two or more occurrences of the offenses listed under 2b(3)
or a combination of two or more occurrences of the offenses
listed under 2b(3) and 2b(4) below which occurred within 5 years
of the date of application:
(a) alcohol-related traffic offenses;
(b) willful disregard of financial obligations;
(c) bad check offenses;
(d) employment tennination or forced resignation for
absenteeism or attendance problems;
(e) drunk in public; or
(f) drunk and disorderly.
(4) Any three or more occurrences of the offenses listed under 2b(4)
which occurred within 5 years of the date of application:
(a) minor liquor law violation (e.g., open container, drinking
in public);
(b) disturbing the peace;
(c) abusive language;
(d) vagrancy;
(e) loitering;
(f) trespassing;
(g) minor traffic offenses not involving alcohol or drugs; or
(h) employment tennination or forced resignation for attitude
or personality conflict.
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DOE 3731.1
12-19-89
II-3
(5) Any occurrence of a suitab~lity issue other than those listed in
2b above which occurred within 7 years of the date of
application.
c. All issues relating to material, intentional false statements,
deception, or fraud in examination or appointment or refusal to
furnish testimony as required ih 5 CFR 5.4 will be referred to:
U.S. Office of Personnel Management
Federal Investigations Processing Center (FIPC)
Suitability Adjudication Branch
Boyers, PA 16018.
d. All other issues relating to suitability determinations will be
referred to the designated adju~icator, if the local OPM office has
delegated this adjudication aut~ority to the servicing personnel
office, or to the OPM-FIPC.
e. In the event that an applicatio~ is received that contains questions
of suitability that cannot be r¢solved or that can only be resolved on
the basis of additional information, one of the following two options
must be selected:
(1) If there is only one vacancy to be filled with no further
appointments anticipated irn the near future or if substantially
all vacancies will be fill~d as a result of immediate certifi
cation from the inventory, .the issuance of a certificate will be
delayed to allow either the servicing personnel officer (or his
or her designee) or the OPM-FIPC 10 working days to act on the
case and to notify the exa~ining office of the action taken. In
referring these cases, theiexamining office is responsible for
identifying the case as needing expedited handling by adding the
phrase 11 Case Examining Spedial Handling 11 to the space for other
information on the OFI-86A 11 Request for Determination or
Advisory, 11 and for ensurin~ that all information is complete
prior to submission. The ~ction that will be taken will be one
of the following: ·
Section 14
(a) eligible on the basis of the information at hand;
(b) ineligible on the basi's of the information at hand, in which
case 5 CFR Part 754 p~ocedures will apply; or
(c) eligibility suspended pending final decision which cannot
be made on the basis of the information at hand.
Any of these actions will allow the examining office to issue a
certificate.
II-4
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DOE 3731.1
12-19-89
(2) If the conditions described in subparagraph e(l) above do not exist
(i.e., if there are continuing employment opportunities), the
examining office mav continue to issue certificates anrl must either:
(a) Suspend processing of the application. The individual will
be requested to provide the required information in writing
within 30 calendar days. If no response is received within
that time, the application will be returned to the
individual for a failure to respond to official
correspondence.
(b) Cancel the application and return it to the applicant for
resubmission. In this case the application is treated in
the same manner as any other incomplete application.
f. If an application is submitted to a servicing personnel office that
holds direct hire or delegated examining authority and if an adverse
suitability determination is made under the provisions of 5 CFR Part
754, the applicant or employee may appeal the determination to the
Merit Systems Protection Board (MSPB), as specified in Chapter VI.
If the applicant or employee believes that the determination involved
prohibited discrimination, he or she may appeal the determination to
the Equal Employment Opportunity Commission. The servicing personnel
office making the determination must notify the individual of his or
her appeal rights and the procedures required to file such an appeal.
g. If the individual's name appears on a selection certificate, and if
adverse suitability information is present, the servicing personnel
office may request approval to object to or pass over that individual.
(1) If the position is nonsensitive and the issue has been reviewed
by an adjudicator, the following steps will be taken:
(a) If the servicing personnel office holds delegated examining
authority, that office may approve or disapprove the request
to pass over the individual on that selection certificate,
but will retain the name of the individual on the register,
except as provided for in subparagraph (2) below. The case
will be referred to the OPM-FIPC for a final decision as to
whether eligibility on the register will be cancelled.
(b) If the servicing personnel office does not hold delegated
examining authority, the local OPM examining office will
rule on the request. Referral to the OPM-FIPC will be the
responsibility of the local examining office.
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DOE 3731.1
12-19-89
0
II-5 (and II-6)
(2) If the position is other than nonsensitive; if the individual in
question is a 30 percent or more compensable, service connected
disability veteran; or if the case involves a single agency
register, the request will be referred to the OPM-FIPC.
3. INITIAL REVIEW OF SF-85 11 UESTION AIRE FOR NONSENSITIVE POSITIONS, 11 OR
SF-86 UESTIONNAI E FOR SEN I IE P SITIONS. When a servicing
personnel office receives a completely and accurately filled out SF-85 or
SF-86 under the provisions of Chapter III, the material contained in the
form must be reviewed and acted on in the same manner as is described
above in paragraphs 2b, c, d, and g.
Section 15
4. PROCEDURE FOR MAKING A REFERRAL. Any referral that is made will be made
using OFI-86A, "Request for Determination or Advisory." The requesting
office must complete items 1 through 10 and 12 and, if applicable, item
11. Referrals will only be made ~hen the candidate is within reach or
will soon be within reach for certification.
5. SAFEGUARDING REPORTS. The requirements and procedures described in FPM
Chapter 732, subchapter 7, will be followed for all suitability investigation
materials.
DOE 3731.1
12-19-89
III-1
CHAPTER III
INVESTIGATIVE REQUIREMENTS AND PROCEDURES
1. EMPLOYMENT OF A NON-DOE INDIVIDUAL.
a.
b.
c.
d.
e.
If the position in question is sensitive (i.e., SS, CS, or NCS),
the individual may not be brought on board until:
(1) After the appropriate background investigation has been
completed and adjudicated; or
(2) In the case of a CS or NCS position, after a waiver of the
preappointment background investigation has been granted by
the Under Secretary, in accordance with the procedures
described in Chapter IV.
A waiver will not be granted unless the required background
investigation forms have been properly and completely filled out
and submitted.
If the position in question is SS, the individual may not be
brought on board until after the background investigation has been
completed and adjudicated. Waivers may not be granted for these
positions.
If a waiver is granted for a CS or NCS position, the individual
will not be granted access to classified information or special
nuclear materials prior to the completion and adjudication of the
background investigation, unless an interim access is also
authorized. The procedures for obtaining an interim access are
described in DOE 5631.26, PERSONNEL SECURITY PROGRAM. Interim
access authorizations will only be considered for positions
requiring a Top Secret or Q clearance.
If the position is NS, the individual may not be brought on board
until after the required background investigation forms have been
properly and completely filled out and submitted to the servicing
personnel office.
2. A POSITION CHANGE OF A CURRENT DOE EMPLOYEE WHICH REQUIRES A MORE
STRINGENT INVESTIGATION.
a. An upgraded background investigation may be required when position
sensitivity or the need for or potential access to classified
information changes due to the employee being placed in another
position or the addition of new duties or responsibilities to the
present position.
III-2 DOE 3731.1
7-8-92
b. A position change involving movement to a different position
more stringent investigation will not be effected until:
Chg 1
requiring a
(1) After the appropriate background investigation has been completed
and adjudicated; or
(2) In the case of a CS or NCS position, after a waiver of the
preappointment background investigation has been granted by the
Under Secretary, in accordance with the procedures described in
Chapter IV.
c. A waiver will not be granted unless the required background
Investigation forms have been properly and completely filled out and
submitted to SA-1.
d. If the position in question is SS, the position change will not be
effected until after the background investigation has been completed and
adjudicated.
e. If a waiver is granted, the employee will not be granted access to
classified information or special nuclear materials prior to the
completion and adjudication of the background investigation, unless an
interim access is also authorized. The procedures for obtaining an
interim access are described in DOE 5631.2B, PERSONNEL SECURITY
PROGRAM. Interim access authorizations will only be considered for
positions requiring a Top Secret or Q clearance.
Section 16
3. PROCEDURES .
a. Whenever a personnel action is requested that requires submission of a
DOE F 3511.1, “Position Description,” a copy of DOE F 3731.1 “Position
Sensitivity Level Designation,” must accompany the request. The form
may be a photocopy, but must carry an original signature ad current
date.
b. The servicing personnel office will be responsible for determining
whether an SF-86, “Questionnaire for Sensitive Positions,” or an SF-85,
“Questionnaire for Nonsensitive Positions, ” is required. The servicing
personnel office will forward the appropriate form to the employee or
selectee through the employing or selecting organization’s point of
contact for investigations. If access is required, the servicing
personnel office will also include a DOE F 5631.18, “Security
Acknowledgment.”
c. The employee or selectee will be provided with instructions to return
the original and two copies of the SF-86 and, if appropriate, the
original DOE F 5631.18 to the employing or selecting organization.
Vertical line denotes change.
I
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DOE 3731.1 Chg 1 III-3
7-8-92
When returning the forms, he or she will be directed to complete Part II
of the SF-86 in private, seal it in an envelope, print or type his or
her full name and the words “QSP-Part II” on the envelope, staple it to
Part I, and return it to the employing or selecting organization. That
organization will be responsible for reviewing Part I of the completed
form to ensure that it is completely and properly filled out and for
forwarding the form directly to the servicing personnel office. Part 11
of the form will only be reviewed by authorized personnel. A chart
showing the required forms appears in Attachment I-1.
d. The servicing personnel office receiving a completed SF-85 or SF-86 will
review the submitted materials to determine if a preinvestigative
referral is required under the provisions of Chapter II. The servicing
personnel office will then complete sections A through P of Part 1 of
the SF-86 or sections A through K of the SF-85 and will arrange to
obtain two completed SF-87, “Fingerprint Cards." In addition, if access
is required, DOE F 5631.18, a Security Acknowledgement form, will be
obtained. If access is not required and if referral is not warranted,
the servicing personnel office will forward the forms to OPM for the
appropriate investigation. If access is required and if referral is not
warranted, the servicing personnel office will forward the forms to SA-1
or the appropriate local security office for processing.
e. If the individual has submitted any forms or information that indicate
that a background investigation has been performed within the past 15
years, the servicing personnel office should make every effort to
determine the investigating agency, the agency that requested the
investigation, the date the investigation was completed, and any other
information that would aid in obtaining the results of the
investigation. If the position requires access, a notation should be
made on the transmittal to SA-1 or the appropriate local security office
which summarizes the information. A copy of any investigative reports
on file will be submitted with the request for access authorization.
Original reports must not be sent. If the position does.. not require
access, the information should be transmitted to the investigating
agency.
f. Any completed SF-85 or SF-86 should generally be referred to the
appropriate investigating organization within 7 working days.
Section 17
g. Individual servicing personnel offices may establish deadlines for the
return of a properly completed SF-85 or F-86. If the forms are not
returned prior to the deadline, the servicing personnel office may
cancel any requested personnel action.
Vertical line denotes change.
III-4 DOE 3731.1 Chg 1
7-8-92
I
I
h. The following rules will be followed when submitting forms:
(1) All forms must be typewritten or legibly printed in ink.
(2) All copies must be signed and dated. Photocopies of signatures
are not acceptable. Part I of the SF-86 should contain a
signature and date in case Part 11 is lost or destroyed.
(3) Complete 5-digit ZIP codes must be included in all spaces
provided.
(4) The FROM and TO dates for each period of employment, education and
residence must be completed. The SF-85 or SF-86 must contain an
account of all time periods.
(5) All blocks on the Fingerprint Card must be completed. The person
being printed and the person taking the prints must sign the
card. Fingers must be fully rolled and prints must make the
appointment. No test papers will be submitted.
4.
a. Any employee whose position sensitivity is Special-Sensitive or
Critical-Sensitive must be reinvestigated every 5 years after the
initial placement. For those positions that do not involve access to
classified information or special nuclear materials, the servicing
personnel office will initiate the reinvestigation by sending an SF-86
to the organization’s point of contact no later than 90 days prior to
the expiration of the 5-year period. The organization’s point of
contact will be responsible for returning the forms, completely and
accurately filled out, to the servicing personnel office no later than
30 days prior to the expiration of the 5-year period. Noncritical-
sensitive positions also may be reinvestigated at the option of the
agency.
b. SA-1 or the local personnel security office is responsible for
reinvestigations of incumbents of positions involving access to
classified information or special nuclear materials. The applicable
procedures are described in DOE 5631.2B, PERSONNEL SECURITY PROGRAM.
If an individual’s access is terminated under the provisions of Chapter
VII of DOE 5631.2B, PERSONNEL SECURITY PROGRAM, SA-1 or the local
security office shall so notify the servicing personnel office so that
any reinvestigations that may be required subsequent to the termination
may be scheduled.
Vertical line denotes change.
REINVESTIGATIONS.
DOE 3731.1 Chg 1
7-8-92
5. RECORDKEEPING.
a.
III-5 (and III-6)
b.
c.
d.
e.
f.
Any application or SF-85 stamped “Cleared/Processed/Investigated/
Results Referred Under E.O. 10450” which was received by servicing
personnel office prior to April 1, 1988, must be retained in the
employee’s Official Personnel Folder.
Any application or investigation completion certificate stamped
“Processed/Investigated/Results Referred Under E.O. 10450” received
after April 1, 1988, will be maintained by the local servicing personnel
office.
Any investigative reports involving access authorizations will be
retained by the local personnel security office. Any investigative
reports not involving access authorization will be retained by the
servicing personnel office.
Any waivers of preappointment investigations will be retained in the
employee’s Official Personnel Folder and a copy will be provided to the
local personnel security office.
A copy of an SF-86 used to initiate an investigation will be retained in
the employee’s Official Personnel Folder.
Section 18
No investigations records, cases, reports, transcripts, fingerprint
cards or other case file documentation will be filed in the Official
Personnel Folder, except certifications of investigation and
adjudication.
Vertical line denotes change.
~
DOE 3731. l
12-19-89
Position Sensitivity
Level Designation
fonn DOE F 3731.1
ss, ss-c
CS, CS-C
NCS, NCS-C
NS
SSQS, SSQS-C
CSQS, CSQS-C
CSTS, CSTS-C
NCSQN, NCSQN-C
NCSL, NCSL-C
NCSS,NCSS-C
ss,ss-c, cs
CS-C and incumbent
is scheduled for
reinvestigation
0
REQUIRED FORMS
Questionnaire for
0
Attachment III-1
Page I II-7
Fingerprint card
Nonsensitive Positions
~uestionnaire for
ensitive Positions, SF-87
SF-85 SF-86
Submit original to Submit one
dPM. Retain one original to OPM.
copy in tickler
file.
Submit original to Submit one
OPM. Retain one original to OPM.
copy in tickler
file.
Submit original to Submit one
OPM. Retain one original to OPM.
¢opy in tickler
file.
Submit original to Submit one
OPM. Retain one original to OPM.
copy.
Submit original and Submit two originals
two copies to local to local security
security office. office.
Retain one copy in
tickler file.
Submit original and Submit two
two copies to local originals to local
security office. security office.
Retain one copy in
tickler file.
Submit original to Submit one original
~PM. Retain one to OPM.
copy in tickler
file.
C
Attachment II I-1
Page I II-8
Position Sensitivity Personal Qualifications
Level Designation Statement SF-171
form DOE F 3731.l
ss. ss-c Submit copy of SF-171
received with SF-39
or submitted as
application.
cs. cs-c Submit copy of SF-171
received with SF-39
or submitted as
application.
NCS, NCS-C Submit copy of SF-171
received with SF-39
or submitted as
application.
NS Submit copy of SF-171
received with SF-39
or submitted as
application.
SSQS, SSQS-C Submit copy of SF-171
CSQS, CSQS-C received with SF-39
CSTS, CSTS-C or submitted as
application.
NCSQN, NCSQN-C Submit copy of SF-171
NCSL, NCSL-C received with SF-39
NCSS,NCSS-C or submitted as
application.
ss.ss-c. cs
CS-C and incumbent
is scheduled for
rei nvestigtf on
Security Ac:knowledgement,
DOE F 5631.18
Submit one original
to local security
office.
Submit one original
to local security
office.
NOTE: Forms need not be submitted if access authorization
DOE 3731.1
12-19-89
Investigation/Clearance
Request and Notification,
HQ F 5631.2
Submit one original and four copies
to local security office.
Submit one original and four copies
to local security office.
------ is not required and one of the following conditions is met:
(1) Appropriate investigation, or a higher one, was completed within the past
90 days;
(2) Appropriate investigation or a higher one, was completed within 3 years of
prior civilian service that was terminated less than 1 year prior to current
appointment;
(3) Appropriate investigation, or a higher one, was completed during prior service
that is being used as a basis for exercise of restoration rights or return to duty
from military service or compensable injury; or
(4) Appropriate investigation, or higher one, was completed within 3 years and
individual was honorably discharged from military service within the pa$t year.
J
DOE 3731.1 Chg 1
7-8-92
IV-1
CHAPTER IV
WAIVER OF PREAPPOINTMENT INVESTIGATION
1 . WAIVER OF PREAPPOINTMENT INVESTIGATION.
a. Since investigations require several months to complete, a request for a
waiver of the preappointment investigation may be submitted for
consideration in an emergency for positions designated as CS or NCS.
Section 19
b. The authority to approve waivers of the preappointment investigation
rests with the Under Secretary and may not be redelegate.
c. Waivers of preappointment investigations may not be requested for SS
positions.
2. PROCEDURES. The procedure for submitting requests for waivers is as follows:
a. A waiver may only be requested when the Head of the Departmental Element
certifies to the following conditions:
(1) The need to have the individual commence work as soon as possible
is a “case of emergency” and that such action is necessary in the
national interest;
(2) A review of the applicant’s SF-86, “Questionnaire for Sensitive
Positions,” past employment, and results of reference checks were
favorable;
(3) Meaningful work for the organization can be accomplished by the
individual without access to classified information or, if the
individual is already a DOE employee who has been granted a more
restricted level of access than is now required, such access as
has been authorized may be continued.
b. The authority to certify to the above conditions may not be redelegate.
c. The Head of the Departmental Element will prepare a memorandum, based on
the example shown in Attachment IV-1. The request must contain a
recommendation for approval or disapproval of the waiver by the
servicing personnel office based on the suitability determination
criteria and a recommendation for approval or disapproval of the waiver
by the local security office based on the outcome of a subject
interview, if required. Interviews will be conducted by the local
security officer or his or her designee. The request must be submitted
to SA-1.
Vertical line denotes change.
I
IV-2 DOE 3731.1 Chg 1
7-8-92
d. SA-1 will contact such other investigative organizations as he or she
deems fit to determine whether any derogatory information is likely to
be developed during an investigation. He or she will then recommend
either approval or disapproval of the waiver based on all available
information. The waiver will then be submitted to the Under Secretary
for a final decision regarding the granting of a waiver.
e. Requesting organizations need to be aware that the processing time for a
waiver request is generally between 4 and 8 weeks. Most of this time is
required in order to obtain responses from other investigative
organizations and cannot be reduced.
f. An approved waiver of preappointment investigation will be placed in the
employee’s Official Personnel Folder. If access authorization is
involved, a copy of the approved waiver will be provided to the local
personnel security office.
Vertical line denotes change.
DOE 3731.1 Chg 1
7-8-92
Attachment IV-I
Page IV-3
I
EXAMPLE WAIVER REQUEST
DOE F 1325.8
(10-86)
United States Government Department of Energy
memorandum
(Organization Routing Designator)
Request for Waiver of Preappointment Investigation
Under Secretary
THRU: Director, Office of Security Affairs, SA-1
In accordance with the procedure for waivers of preappointment investigations,
the following request for a waiver is submitted:
Name: Mary Smith Grade: GS-12
Current DOE Security Clearance: None
Proposed Position Title: Personnel Management Specialist
Organization: Office of Personnel
Immediate Supervisor: Bob Doe
Proposed EOD or Effective Date: 1 - 1 - 9 0
Based on this organization’s review, there appears to be no derogatory
information which would preclude employment in a Critical-/Sensitive or
a Noncritical-Sensitive position.
Section 20
The individual’s duties, pending completion of the investigation and
granting (or upgrading) of a security clearance, will involve
attending training, developing local personnel procedures,
processing personnel actions, and providing advice and guidance
to managers .
If approved, I will ensure that the individual will have no access to any
classified information prior to the granting of a security clearance or will
have access to the level of his or her current DOE clearance. forms required
for the investigation were submitted on 12-15-89 [date).
I certify that this request is an emergency and in the national interest
and recommend approval because the personnel officer position must be.
filled in order to continue the work of the organization. There are no
other employees capable of Performing these duties
Signature and Title:
Vertical line denotes change.
DATE:
REPLY TO
ATTN OF:
SUBJECT:
TO:
Attachment IV-1
Page IV-4
DOE 3731.1 Chg 1
7-8-92
REQUEST FOR WAIVER OF PREAPPOINTMENT INvESTIGATION
Date: Organization: (Organization Routing Designator)
Name: Mary Smith
Based on an interview conducted by the Security Officer or his or her
designee, if required, there is no indication of pertinent derogatory
information precluding the appointment indicated.
Signature Title Date
Security Officer
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Indices checks conducted by the Office of Security Affairs reflect no indication
of pertinent derogatory information precluding the appointment indicated.
Signature Date
Director, Office of Security Affairs
* * * * * * * * ** * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * *
WAIVER OF A PREAPPOINTMENT INVESTIGATION FOR THE ABOVE NAMED INDIVIDUAL
TO OCCUPY A CRITICAL-SENSITIVE OR A NONCRITICAL-SENSITIVE POSITION IS
NECESSARY IN THE NATIONAL INTEREST.
APPROVED:
Under Secretary
Department of
DISAPPROVED;
Under Secretary
DATE:
DATE:
Department of Energy
Vertical line denotes change.
DOE 3731.1
12-19-89
CHAPTER V
SUITABILITY DETERMINATIONS
1. SUITABILITY ADJUDICATORS.
0
V-1
a. Each servicing personnel offi¢e must identify at least one individual
who will serve as an adjudica!or and, where possible, a backup to
serve as adjudicator in the a sence of the regular adjudicator.
Adjudicators must be thorough y familiar with the laws, regulations,
and criteria pertaining to su tability detenninations.
Adjudicators must consider al the infonnation of record, both
favorable and unfavorable, an~ assess it in tenns of its relevance,
recency, and seriousness. Adjudicators must also be mindful that the
objective is to adjudicate suitability in a manner that will promote
the efficiency of the servicewhile assuring fair, impartial, and
equitable treatment of the in4ividual. Protecting the interests of
the Federal Government is thelfirst responsibility of adjudicators,
but it must also be remembereq that suitability decisions directly
affect the lives of people, t~eir ambitions, their desires, their
families, and their careers.
b. All adjudicators must have been subject to a favorable evaluation
based on a Background or Special Background Investigation.
2. APPLICATIONS RECEIVED.
I
Section 21
a. Agencies receive applications !through a number of different means.
These may include, for example, applications submitted in response to
a vacancy announcement, unsolicited applications, and applications
received from OPM in response to a request for a certificate of
eligibles. If a servicing personnel office receives and considers an
application from an individual who is not a current Federal employee
through any means other than from an OPM certificate of eligibles,
that servicing personnel offiqe is responsible for reviewing the
applicant's application fonn ind any infonnation developed in
connection with the applicati n to detennine whether there are any
potentially disqualifying sui ability issues. This step must be
performed regardless of the s~nsitivity of the position and must be
perfonned prior to the issuanqe of any tentative offer of employment,
initiation of preappointment investigation or initiation of a request
for a waiver of a preappointment investigation.
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V-2 DOE 3731.1
12-19-89
b. The detennination as to whether there are any potentially
disqualifying suitability issues is made to establish a reasonable
expectation that the emplo,Yl1lent or continued emplo,Yl1lent of a person
either would or would not promote the efficiency of the service. This
detennination is based on considerations of whether the conduct of the
individual indicates a potential for behavior that would interfere
with, prevent or otherwise adversely impact the perfonnance of the
person in the position for which he or she is applying, the
perfonnance of others in the Federal Government, or the ability of any
of the Federal agencies to carry out their responsibilities. Two
issues are considered: whether the conduct in question indicates a
potential for inadequate or reduced performance of specific duties and
whether the conduct indicates any immediate or long tenn risk for
abuse of the public trust in carrying out the responsibilities of the
position.
c. Disqualification factors and infonnation on how those factors are
applied are contained in FPM Chapter 731 and Chapter 2 of this Order.
Adjudications may also have to be made based on derogatory infonnation
that may be identified as a result of a background investigation or
through some other means.
J
3. ADVERSE DETERMINATIONS. In the event that an adverse suitability '\
detenn1nat1on 1s made, the individual may be subject to a number of ~
actions, ranging from issuing a letter of warning to the person concerned
to debannent from competitive civil service examinations or emplo,Yl1lent for
a period not to exceed 3 years. These actions may also involve actions
affecting an employee (for examplP., when adverse suitability information
that was not developed during the application process surfaces during an
investigation and the individual was brought on board in a NS position or
under a waiver of a preappointment investigation). The actions that can be
taken and guides to which action might be appropriate in any given
situation are contained in FPM Chapter 731 and, if applicable, in DOE
3750.1, WORK FORCE DISCIPLINE.
4. TIMELINESS. If adverse suitability infonnation (other than evidence of
dishonesty in the application or examination process), surfaces after
completion of a probationary or trial period, any action must be taken
under the provisions of FPM Chapter 752. This may mean that conduct that
may be disqualifying from a suitability standpoint may not be sufficient
grounds for separation under Chapter 752. As a result, it is critical
that required investigations be conducted in a timely manner so that any
adverse suitability information can be discovered and acted upon during
the first year of emplo,Yl1lent.
Section 22
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DOE 3731.1 Chg 1
7-8-92
V-3 (and V-4)
5. ADJUDICATIONS. Any reports of investigations will be returned to the
I
Department through SA-1 or the local security office. In the event that
derogatory information is received, SA-1 or the local security office will
forward a copy of the report to the servicing personnel office. If the
position is one that requires access, the designated adjudicator will review
I the information for a suitability determination at the same time as SA-1 or
the local security office is reviewing the information to determine whether
access will be granted. If either organization plans to contact the
individual to obtain further information relating to the derogatory
information, that action will be coordinated before any contact is made. If
either organization makes an adverse determination, the other organization
should be notified immediately.
Vertical line denotes change.
DOE 3731.1
12-19-89
VI-1
CHAPTER VI
ACTIONS TAKEN AS A RESULT OF AN ADVERSE SUITABILITY DETERMINATION
OR A REVOCATION OR SUSPENSION OF AN ACCESS AUTHORIZATION
1. TERMINATION DURING A PERIOD OF PROBATION.
a.
b.
c.
d.
If an employee is serving a probationary period under 5 CFR 315.801, and
if the derogatory information involves issues arising during the period
of probation, he or she may be terminated under the provisions of 5 CFR
315.804.
If the derogatory information involves issues arising in whole or in
part prior to his or her appointment, the probationary employee may be
separated under the provisions of 5 CFR 315.805.
An individual terminated under the provisions of paragraph l(a) or l(b)
above, may appeal that action to the MSPB if he or she alleges that the
action was based on partisan political reasons or marital status. He or
she may also appeal to the Equal Employment Opportunity Commission
(EEOC) if he or she alleges that the action was based on discrimination
because of race, color, religion, sex or national origin, physical
handicap, or age, provided that at the time of the action he or she was
at least 40 years old.
An individual, terminated under the provisions of paragraph 1b, may
appeal that action to the MSPB if he or she alleges that the procedural
requirements of 5 CFR 315.805 were not properly followed. If prohibited
discrimination is raised in addition to the procedural issue, the
employee may raise that issue in the appeal to the MSPB.
2. REMOVAL AND DEBARMENT ACTIONS FOR UNSUITABILITY.
a. Coverage. This route is appropriate in the following circumstances:
(1) The individual is serving in an appointment in the competitive
service “subject to investigation” under 5 CFR 731.301(a).
Positions subject to investigation generally include probationers
and others with less than a full year of current service. DOE
may terminate these appointees for unsuitability for most of
the types of misconduct listed in 5 CFR 731.202 (criminal
conduct, misconduct in previous employment, habitual use of
intoxicants, etc.). Misconduct involving deception or fraud in
VI-2 DOE 3731.1 Chg 1
7-8-92
(2)
an examination
testimony must
or
be
appointment or involving a
dealt with by OPM, MSPB or
refusal to furnish
the Office of Special
The individual has served in a competitive position for longer
than 1 year of current service and-is, therefore, no longer
“subject to investigation.” Employees in this category may only
be removed for unsuitability on OPM orders and only for reasons of
either material intentional false statement or deception or fraud
in examination or appointment; or refusal to furnish testimony
required under 5 CFR 5.4. In these cases, DOE also has an
opportunity to respond. Any such response must have the
concurrence of AD-50.
Section 23
b. Procedures. Removals and debarment for suitability are handled using
procedures contained in 5 CFR Part 731, and 5 CFR Part 754. These
procedures provide for a 30-day written notice of the proposed action,
an opportunity to respond, a written decision, and an appeal to MSPB.
If the employee appeals the action, Part 754 requires that the employee
be maintained in a pay status pending action on the appeal. It is OPM’s
position that “employee” in this context only applies to people who are
no longer serving in positions “subject to investigation.” If the
person is still within the “subject to investigation” period, DOE may
suspend the person without pay, or may keep him or her in a pay status.
Part 752 does not apply to a suspension in this situation. Depending on
the seriousness of the offense, the individual may be debarred from
competing in a competitive examination or accepting competitive
employment for a period of not more than 3 years. Upon expiration of
the period of debarment, the individual may not be appointed to any
competitive service position until after OPM has determined his or her
fitness.
c. Actions are not grievable or arbitrable under DOE or negotiated
grievance procedures.
3. ADVERSE ACTIONS FOR MISCONDUCT UNDER 5 CFR PART 752.
a. Coverage. This route is appropriate for any employee in the competitive
service who is not serving a probationary period and who is not on a
temporary appointment. It is also appropriate for certain employees in
excepted service positions. Specific coverage is discussed in 5 CFR
752.201, 5 CFR 752.401, and DOE 3750.1, WORK FORCE DISCIPLINE. Also, if
the action to be taken is less severe than removal (e.g., suspension),
Part 752 procedures apply. That is, even if the individual is
potentially subject to a Part 754 action, but the proposed action is
less severe than removal, the action must be processed under Part 752.
Vertical line denotes change.
Counsel, as appropriate.
I
DOE 3731.1
12-19-89
0 0
VI-3
b. Procedures. Procedures requir~· written notice, an opportunity to
respond, a written decision, ad an appeal to MSPB for any action
other than a suspension of 14 ays or less. There is no requirement
for keeping an employee who is
1
removed or suspended on active duty
pending completion of the appe~l process. The misconduct may be of
any type, in contrast with the !suitability and security routes which
have listed c~iteria. Specifi~ procedures are described in DOE
3750.1, WORK FORCE DISCIPLINE.:
c. Adverse actions are grievable ~nd arbitrable under negotiated
grievance procedures.
4. ACTIONS INVOLVING AN APPLICANT OR ~LIGIBLE.
a. Coverage. Any individual who has applied to compete in a competitive
examination or for employment tn a competitive service position may be
subject to being rated ineligi~le, having his or her eligibility
cancelled or may be debarred for a period of not more than 3 years
from competing in a competitive examination or from accepting
competitive employment. Debarment may only be effected by OPM.
I
I
b. Procedures. Removals, nonselecjtions, and debarment are handled using
procedures contained in 5 CFR Part 731, and 5 CFR Part 754. These
procedures provide for a 30-dayl written notice of the proposed action,
an opportunity to respond, a w~itten decision, and an appeal to MSPB.
Any action taken under 5 CFR P!ts 731 or 754 which are based on
material intentional false sta ement or deception or fraud in
examination or appointment or o a refusal to furnish testimony may
only be directed by OPM.
Section 24
5. ADVERSE ACTIONS BASED ON SECURITY CONSIDERATIONS.
a. Coverage. This route is appropriate for any nontemporary employee
whose position requires access to classified information or special
nuclear materials and who is not serving a probationary period.
b. Procedures.
(1) The first step is a determ~nation by DOE security personnel
that the employee does not]. appear to meet the criteria for
granting or maintaining acFess to classified information or
special nuclear materials.:_ This determination is followed by an
administrative review proc~dure within the Department, as
provided for in 10 CFR 710
1
• The employee may be deta i1 ed to a
position not requiring acc~ss during this review process or may
be placed on indefinite su~pension (a nonpay status) under Part
752 pending completion of the review process.
VI-4 DOE 3731.1
12-19-89
(2) After completion of the first step, one of two routes is possible
unless the employee is reassigned to a position not requiring
access.
(a) Removal under 5 u.s.c. 7532, where the Secretary has
determined that removal is necessary or advisable in the
interest of national security. There is no appeal to the
MSPB from this determination, which may only be made after
completion of an internal procedure outlined in 5 u.s.c.
7532. This route is appropriate only when there is direct
concern with the protection of the nation from 11 internal
subversion or foreign aggression 11 such as espionage or
sabotage.
(b) Removal or demotion under 5 CFR 752 for failure to meet
requirements of the position. Procedures are the same as
for other Part 752 actions, and the employee may appeal to
the MSPB. However, in cases involving access authoriza
tions, the MSPB review is limited to procedural matters and
does not include a review of the merits of the decision to
deny or revoke access.
c. The issue must generally be one of those listed in 10 CFR 710 in order
for a clearance to be revoked or denied. Adverse actions under 5 CFR
Part 752 are grievable and arbitrable under negotiated grievance
procedures. The Department takes the position, however, that the
arbitrator does not have the authority to review an access
authorization determination made by DOE.
6. ACTIONS INVOLVING MEMBERS OF THE SENIOR EXECUTIVE SER..\/ICE WHO ARE SERVING
A PROBATIONARY PERIOD.
a. Covera2e. A career appointee to the SES who is serving a period of
probation may be removed for unacceptable executive performance or
conduct under the provisions of 5 CFR Part 359.
b. Procedures. The career appointee is entitled to a written notice
prior to the effective date of the removal. If the reasons for the
removal arose in whole or in part from incidents/occurrences prior to
the SES appointment, the employee has the right to respond to the
notice and to a written notice of decision. No removal may be made
effective within 120 days after:
(1) The appointment of a new agency head (unless the action was
initiated before the new agency head's appointment); or
(2) The appointment in the agency of the career appointee's most
immediate supervisor who:
J
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DOE 37 31.1
12-19-89
0 0
VI-5 {and VI-6)
(a) Is a noncareer appointee; and
:
(b) Has the authority to remove the career apppointee (unless
the action was initiat~d before the new supervisor's
appointment).
c. A removal action during an SES p1obationary period is not appealable
to the MSPB. If the employee al ieges that the 120-day restriction was
violated, such an allegation may !be submitted to the Special Counsel
of the MSPB as an alleged prohibited personnel practice.
Section 25
d. A removal for suitability reason$ during the period of probation will
be considered removal for cause. Therefore, the incumbent will not be
entitled to placement rights under 5 CFR Part 359.701.
7. ACTIONS INVOLVING MEMBERS OF THE CAR. ER SENIOR EXECUTIVE SERVICE WHO ARE
NOT SE ING PERIOD OF ATION.
a. Covera~e. Members of the career ,SES who are not serving a period of
probation may only be removed un4er the provisions of 5 CFR
752.601.
b. Procedures. The only actions th~t may be taken are removal and a
suspension for more than 14 days~ The employee is entitled to a
notice of proposed action, the right to review any material on which
the action is based, an opportunity to reply orally and in writing,
representation, and a written notice of the decision. Generally, the
employee is entitled to remain io a duty status in his or her regular
position during the advance notice period. The employee may appeal
the action to the MSPB.
8. ACTIONS INVOLVING NONCAREER MEMB-tRS QF THE SENIOR EX-ECHTIVE SERVICE.
a. A limited term or limited emerge~cy appointee who received the limited
appointment without a break in s~rvice in the same agency as the one
in which the employee held a career or career-conditional appointment
(or its equivalent) in a permanerit position outside the SES, and
who was covered by 5 u.s.c. 7511 immediately before appointment to
the SES, is entitled to the same coverage and procedures as in
paragraph 7 above.
b. Any member of the SES not covered by one of the other provisions of
paragraphs 6 and 7 above or 8 maj be removed at any time. The
employee is entitled to a notice iin writing in advance of the
effective date of the removal. there are no placement rights or
appeal rights to these removals.·
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DOE 3731.1 Chg 1
7-8-92
VII-1
1.
I
2.
I
CHAPTER VII
LOCAL PROGRAMS
REPORTING REQUIREMENTS
a. Any designated adjudicator who makes an adverse suitability
determination must provide the following information to the Office of
Personnel, Classification and Staffing Division, Recruitment and
Staffing Policy Branch (AD-532);
(1) The nature of the derogatory information;
(2) The level at which the determination was made (basic suitability,
position sensitivity, or position performance);
(3) The action being proposed;
(4) The status of the affected individual; and
(5) Any other pertinent information.
b. No adverse suitability action will be taken until at least 5 working
days after receipt of the required information by AD-532 unless such a
delay would adversely affect the organization’s ability to take the
action (e.g., expiration of the “subject to investigation” period).
c. The primary purpose of the requirement is to increase the degree of
uniformity in adjudicating suitability within the Department.
REVIEWS OF LOCAL PROGRAMS
a. Servicing personnel offices must provide for an annual self review of
their suitability program. Such a review must include, but is not
limited to, the following concerns:
(1) Whether forms are being completed and submitted by the selecting
or employing organization in a timely manner and in accordance
with the provisions of Chapter 111, paragraph 3;
(2) Whether completed forms are being referred to the proper
investigating organization or Security Affairs in a timely manner;
(3) Whether completed investigations are being recorded and filed;
Vertical line denotes change.
VII-2
I
3.
I
(4)
(5)
(6)
(7)
DOE 3731.1 Chg 1
7-8-92
Section 26
Whether position sensitivity designations are being properly made
and documented;
Whether there are a high percentage of changes to position
sensitivity designations, indicating the possibility that initial
designations are being made incorrectly;
Whether all required investigations or waivers are obtained prior
to filling an other than nonsensitive position;
Whether requests for reinvestigations are being initiated properly
and in a timely manner.
b. Periodic reviews of local suitability programs may be made either during
a Departmental personnel management evaluation or through a special
review made by AD-532.
LOCAL PLANS. Local plans must specify the location used to file position
sensitivity designations (see Chapter I, paragraph 2c), and must provide for
tickler systems to ensure that:
a. reinvestigations are requested in a timely manner;
b. forms are submitted to the investigating organization or Security
Affairs in a timely manner; and
c. the local organization remains aware of whether reports of
investigations are obtained in a reasonable period of time.
Vertical line denotes change.
U.S. Department of Energy
Washington, D.C.
PAGE CHANGE
I DOE 3731.1 Chg 1
I
7-8-92
SUBJECT: SUITABILITY, POSITION SENSITIVITY DESIGNATIONS, AND
RELATED PERSONNEL MATTERS
1. PURPOSE. To transmit revised pages to DOE 3731.1, SUITABILITY, POSITION
SENSITIVITY DESIGNATIONS, AND RELATED PERSONNEL MATTERS, of 12-19-89.
2. EXPLANATION OF CHANGE. To transmit revised pages to reflect only
organizational title and routing symbol editorial revisions required by
Notices in the SEN-6 series. No substantive changes have been made at
this time. However, this Order will undergo substantive changes in the
near future. If you have any questions about specific provisions of the
Order, please consult appropriate staff members in the Office of
Personnel.
3. FILING INSTRUCTIONS.
a. Remove Page
1
5 thru 7 (and 8)
I-1
Atch I-2, page I-7
(and I-8)
III-2 thru III-5
(and III-6)
IV-1 and IV-2
Atch IV-1, page
IV-3 and IV-4
V-3 (and V-4)
VI-1
VI-2
VII-1 and VII-2
Dated
12-19-89
12-19-89
12-19-89
12-19-89
12-19-89
12-19-89
12-19-89
12-19-89
12-19-89
12-19-89
12-19-89
12-19-89
12-19-89
12-19-89
Insert Page
2
5 thru 7 (and 8)
I-1
I-2
Atch I-2, page I-7
(and I-8)
III-2
III-3 thru III-5
(and III-6)
IV-1 and IV-2
Atch IV-1, page
IV-3 and IV-4
V-3 (and V-4)
VI-1
VI-2
VII-1 and VII-2
Dated
7-8-92
12-19-89
7-8-92
7-8-92
12-19-89
7-8-92
12-19-89
7-8-92
7-8-92
7-8-92
7-8-92
7-8-92
12-19-89
7-8-92
7-8-92
b. After the attached pages are filed, this transmittal may be
discarded.
BY ORDER OF THE SECRETARY OF ENERGY:
and Human Resource Management
DOLORES L. ROZZI
Director of Administration
DISTRIBUTION: INITIATED BY:
All Departmental Elements Office of Personnel
III-1
1
III-1
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