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    New Federal Investigative Standards

    The new investigative standards are the most significant change to the U.S. Personnel Security Program since 1953.

    ClearanceJobs

    News & Career Advice

    New Federal Investigative Standards

    William Henderson / Jul 23, 2009

    SECURITY CLEARANCE

    A December 2008 report by the Joint Security and Suitability Reform Team (JSSRT) announced the approval of revised Federal Investigative Standards for Personnel Security Investigations. The new standards are described in a December 13, 2008 memorandum, “Approval of the Federal Investigative Standards,” signed by the Director of National Intelligence (DNI) as the “Security Executive Agent” and the Acting Director of the Office of Personnel Management (OPM) as the “Suitability Executive Agent.” Planned implementation of the new standards will involve “incremental deployment in selected populations anticipated to begin in the second quarter of calendar year 2009.” These new standards cover:

    Suitability for Government employment;

    Eligibility for physical and/or logical access to federally controlled facilities and computer systems;

    Eligibility for access to classified information;

    Eligible to hold a sensitive position; and

    Fitness to perform work for or on behalf of the Government as a contractor employee

    According to the JSSRT report, the new standards reduce “the types of initial investigations from fifteen to three and the types of reinvestigations from five to two.” The new standards use three levels of position sensitivity, which are designated as:

    Tier 1 – low-risk positions, non-sensitive positions, and positions involving physical and/or logical access to government facilities and computer systems.Tier 2 – moderate-risk positions, non-critical sensitive positions, and positions requiring access to Confidential, Secret, and Department of Energy (DOE) “L” level information.Tier 3 – high-risk positions, critical sensitive positions, special sensitive positions, and positions requiring access to Top Secret, DOE “Q,” and Sensitive Compartmented Information.Initial Investigations for each position sensitive level will consist of:Tier 1

    eApplication.

    Corroboration of date and place of birth through appropriate documentation by a trusted information provider.

    Submission of fingerprints and a check of appropriate databases for prior federal investigations.

    Verification of citizenship or legal resident status of foreign born applicants.

    Local law enforcement agency checks at all places of employment, residence, or school attendance of six months or more during the past 5 years. Check of the appropriate criminal justice agency for details and disposition of any identified arrests.

    Automated Records Checks (ARC) for information regarding the applicant’s criminal history, involvement in terrorism, validity of Social Security number, education and employment history, employment conduct, military discharge, and Selective Service registration, as appropriate.

    Expandable Focused Investigation (EFI) to develop and resolve identified security/suitability issues.

    Tier 2

    Tier 1 requirements.

    Additional ARC for information regarding the applicant’s financial history, foreign associates, business interests, and other foreign connections.

    Tier 3

    Tier 2 requirements.

    Enhanced Subject Interview (ESI)—a comprehensive interview of the applicant to review his or her background to explore any potentially disqualifying conditions and mitigating factors relevant to adjudicative standards.

    Review of employment records and interview of supervisors at all place of employment during the past 3 years.

    Local law enforcement agency check at a current residence of less than 6 months.

    Additional ARC for information regarding the applicant’s civil court records, large currency transactions, possible unexplained affluence, and foreign associations/preference.

    ARC for information regarding the applicant’s spouse’s or cohabitant’s criminal history and to verify the U.S. citizenship or legal status of any foreign-born immediate family members.

    REINVESTIGATIONS/CONTINUOUS EVALUATION

    Tier 1 – No reinvestigation is required, except for the reissuance of a credential (such as a Personal Identification Verification card required under HSPD-12), in which case new fingerprint cards will be submitted for a criminal history check.Tier 2 – Individuals who require eligibility for access to classified information at the Tier 2 level will be reinvestigated on an aperiodic basis or as required by security-related events, but not less than once every five years. The reinvestigation will consist of a new eApplication, Tier 2 ARC, and an EFI to develop and resolve identified security/suitability issues, as appropriate.Tier 3 – Individuals who require eligibility for access to classified information at the Tier 3 level will be reinvestigated annually or as required by security-related events. The reinvestigation will consist of a new eApplication, Tier 3 ARC, and an EFI to develop and resolve identified suitability/security issues, as appropriate. At least once every five years an ESI will be conduct as part of a reinvestigation.

    Source : news.clearancejobs.com

    Periodic Reinvestigations

    Security Technical Implementation Guides (STIGs) that provides a methodology for standardized secure installation and maintenance of DOD IA and IA-enabled devices and systems.

    Periodic Reinvestigations - Submitted in a Timely Manner based Upon Position Sensitivity and Type of Investigation Required

    Overview

    Finding ID Version Rule ID IA Controls Severity

    V-32408 PE-06.03.01 SV-42745r3_rule Low

    Description

    Failure to subject personnel to periodic reinvestigation can result in derogatory information not being discovered on personnel having access to sensitive or classified information. Background Information: All positions (military and civilian) must be categorized as either non-sensitive, noncritical-sensitive, or critical-sensitive based on security clearance and/or ADP (AKA: IT) position requirements. This is the process detailed within the legacy DoD 5200.2-R, DoD Personnel Security Program, which is dated September 1987 and last updated in February 1996. In recent years a fourth category called special-sensitive was added by OPM for all Federal agencies (to include the DoD). This is detailed in the current DOD Manual 5200.02, Procedures for the DoD Personnel Security Program (PSP), dated 3 April 2017, which superseded the legacy DoD 5200.2-R. The significance of designating position sensitivity is that the type of background investigation the incumbent of a particular position must undergo (e.g., SSBI (now Tier 5 investigation) or NACI (now Tier 3 investigation)) is based upon the designated position sensitivity. As of 1 October 2016, the former investigations known as NACLAC, ANACI, NACI, BI, MBI, SSBI, etc. are no longer conducted. These investigations have been replaced by the Office of Personnel Management (OPM) with a "Tiered" Investigation process. The new investigations are grouped in five levels or tiers and so investigations are now referred to as Tier 1-5, with Tier 5 (T5) being the most stringent investigation. The update to the DOD PERSEC Program contained in the DOD Manual 5200.02, Procedures for the DoD Personnel Security Program (PSP), dated 3 April 2017 does not contain any implementing guidance for moving from the former investigations to the new Tiered Investigations. With regard to Information Assurance Positions of Trust (e.g., those with privileged access and/or responsibility for security oversight of information systems) for DoD Information Network (DoDIN) (AKA: Defense Information System Network (DISN)) assets, the two most applicable levels of investigation are Tier 3 and Tier 5. Examples of jobs or duties associated with IA Positions of Trust are System Administrators (SA), Information System Security Managers (ISSM), and Information System Security Officers (ISSO). Tier 3 investigations are those generally associated with Non-Critical Sensitive positions of trust (confidential or secret security clearance or legacy ADP/IT-2 level duties). Examples of the former investigations which are now Tier 3 are NACLAC and ANACI. Tier 5 investigations are those generally associated with Special-Sensitive and/or Critical Sensitive positions of trust (TS clearances with or w/o SCI/SAP or legacy ADP/IT-1 level duties). The former investigation that is now Tier 5 is the SSBI. In the next 5-10 years it is reasonable to expect that a combination of both the old investigations and the new Tier investigations will be found within the DoD until the new investigations are completely phased-in for current personnel. Therefore, security personnel must be familiar with both the old and new investigations. While Contractor personnel are not formally assigned to positions within DoD organizations, the type of investigation required is like that of DoD civilians and military personnel in that it is based on the legacy IT/ADP level and/or security clearance requirements for each type or category of work performed. Duties associated with positions or described functions along with security clearance and/or ADP levels and associated investigations must be detailed in the applicable Statement of Work (SOW) and/or DD Form 254 (Contract Security Specification). With regard to legacy ADP/IT level designations the following general rules apply: Users of DoD Information Systems (IS) are either privileged users (e.g., system administrators) or authorized (AKA: basic/general) users. Privileged users must undergo a SSBI/Tier 5 investigation, while general system users within the DoD must undergo a NACLAC, ANACI, NACI/Tier 3 investigation. With regard to security clearance levels the following general rules apply: Persons requiring a confidential or secret security clearance for their position or duties are required to undergo a favorably adjudicated NACLAC, ANACI, NACI/Tier 3 investigation. Persons requiring higher level security clearance such as top secret (TS) or TS with Sensitive Compartmented Information (SCI) access must undergo a favorably adjudicated SSBI/Tier 5 investigation. Under the new Tiered Investigation process the OPM provides the Position Designation Automated Tool (PDT) as an aide for those individuals within agencies charged with position designation responsibilities. The tool is found at the following URL: https://www.opm.gov/suitability/suitability-executive-agent/position-designation-tool/ The PDT provides Federal Agencies a means to effectively and consistently determine position designations. The OPM Position Designation System and the related PDT assesses the duties and responsibilities of a position to determine the degree of potential damage to the efficiency or integrity of the service from misconduct of an incumbent of a position. This establishes the risk level of that position. This assessment also determines if a position’s duties and responsibilities present the potential for position incumbents to bring about a material adverse effect on the national security, and the degree of that potential effect, which establishes the sensitivity level of a position. The results of this assessment determine what level of investigation should be conducted for a position. To reduce subjectivity in the position sensitivity determination process security personnel must understand the following terms when using the PDT: NATIONAL SECURITY refers to those activities which are directly concerned with the foreign relations of the United States, or protection of the Nation from internal subversion, foreign aggression, or terrorism. A NATIONAL SECURITY POSITION, includes any position in a department or agency, the occupant of which could bring about, by virtue of the nature of the position, a material adverse effect on the national security. NON-SENSITIVE POSITIONS/DUTIES are PUBLIC TRUST POSITIONS or duties and responsibilities that are unrelated to National Security. *Keep in mind that the primary mission of most DoD organizations concerns the national security. Hence all Information Technology (IT) positions involved with the DoD (DISN) cyber security mission should be considered as National Security Positions. These positions are for instance System Administrators (SA), Information System Security Managers (ISSM), Information System Security Officers (ISSO), Information System Engineers and other related positions, which are detailed in the DoD 8570.01-M, Information Assurance Workforce Improvement Program, 19 December 2005, Incorporating Change 4, 11/10/2015. Again, the outcome of using the PDT should generally be the same as the DoD requirements for position sensitivity under the legacy ADP/IT position criteria but the individual using the tool must have a thorough understanding of the duties and impact of the duties of each position being assessed for the PDT outcome to be appropriate and consistent with the DoD standards. It is important to limit the subjectivity involved with these determinations and provide consistent results throughout the DoD. PRIVILEGED ACCESS TO INFORMATION TECHNOLOGY SYSTEMS: A key legacy consideration for IA positions of trust is that any position where an incumbent has “Privileged Access” to an information system should normally be designated as a Critical-Sensitive position. *This is regardless if there is a corresponding requirement for the incumbent to have a TS security clearance or not. Generally the TS clearance is the predominate requirement for designation of position sensitivity as critical-sensitive; however, where there is a requirement for either a secret, confidential, or no security clearance and the incumbent also has a requirement for privileged access to an information system – the privileged access criterial will make the position critical-sensitive with a Tier-5 (T-5) background investigation requirement. Hence, the privileged access criteria consideration is beyond the typical noncritical-sensitive or non-sensitive position designations associated with only a secret, confidential, or no security clearance normally resulting in a Tier-3 (T-3) or lower level investigation requirement. PRIVILEGED ACCESS DEFINED: The following definition of privileged access is excerpted from the DoD 8570.01-M, Information Assurance Workforce Improvement Program. Privileged Access is an authorized user who has access to system control, monitoring, administration, criminal investigation, or compliance functions. Privileged access typically provides access to the following system controls: -Access to the control functions of the information system/network, administration of user accounts, etc. -Access to change control parameters (e.g., routing tables, path priorities, addresses) of routers, multiplexers, and other key information system/network equipment or software. -Ability and authority to control and change program files, and other users’ access to data. -Direct access to operating system level functions (also called unmediated access) that would permit system controls to be bypassed or changed. -Access and authority for installing, configuring, monitoring, or troubleshooting the security monitoring functions of information systems/networks (e.g., network/system analyzers; intrusion detection software; firewalls) or in performance of cyber/network defense operations. ************end of Privileged Access Definition********* THE BOTTOM LINE: The association of DoD position sensitivity designation and required investigations is based on IA position of trust system access levels and/or level of responsibility for oversight of systems security in conjunction with the level of security clearance required for military or civilian positions *or type of work performed by contractor employees. The relationship of position sensitivity to clearances, duties and investigations can be delineated as follows: *Special-Sensitive and/or Critical- Sensitive positions: Legacy IT-1 (ADP-1) Privileged users (SAs) and/or ISSM/ISSO and/or TS or TS-SCI clearance SSBI/Tier 5 investigations **Non-Critical Sensitive positions: Legacy IT-2 (ADP-2) Privileged users under direct supervision of an ADP-1 vetted Privileged user and/or Authorized users and/or Confidential or secret security clearance NACLAC, ANACI, NACI/Tier 3 investigations ***Non-Sensitive positions: Legacy IT-3 (ADP-3) and no security clearance; Not Applicable for current DoD cyber security positions In summary the primary criteria for association of DoD position sensitivity designation and required background investigations is the security clearance required for military or civilian positions or for the type of work performed by contractor employees. The second most influential criteria for determination of position sensitivity and background investigations required are information assurance/cyber security positions of trust, which is determined based upon designated legacy ADP/IT levels. Therefore both security clearance and ADP/IT levels must be considered concurrently for designation of position sensitivity and associated background investigations required. The highest level of background investigation required by either security clearance or ADP/IT level for performance of duties must be conducted for incumbents of (military/civilian) positions or duties performed by contractor employees. REFERENCES: DoDI 8500.01, March 14, 2014, SUBJECT: Cybersecurity: Paragraph 10.a-e (Cybersecurity Workforce) DoD 8570.01-M, Information Assurance Workforce Improvement Program, 19 December 2005, Incorporating Change 4, 11/10/2015: Paragraphs C1.4.4.4., C1.4.4.5., C3.2.4.1.2., C3.2.4.2., C3.2.4.8., C4.2.3.1.2., AP1.15 and AP 1.22. CJCSI 6510.01F, INFORMATION ASSURANCE (IA) AND SUPPORT TO COMPUTER NETWORK DEFENSE (CND); Enclosure A, paragraph 11., Enclosure B, paragraph 2.l. and Enclosure C, paragraph 4. and paragraph 10. NIST Special Publication 800-53 (SP 800-53), Rev 4, Controls: PE-2(1), PS-1, PS-2, PS-3, PS-6(1) and PS-6(2). DoD 5200.22-M (NISPOM), Incorporating Change 2, 18 May 2016, Chapter 2, Section 2 and Chapter 8, Section 3, paragraph 8-302.a. Personnel Security. (Current) DoD Manual 5200.02, Procedures for the DoD Personnel Security Program (PSP), April 3, 2017, Paragraphs 2.10.d, 2.10.w., 3.3., 3.6., 4.1.a.(2)(m), (r), (u) & (3)(a), (b), (c) and 4.1.b. Civilian Personnel, 4.2. Military Personnel, 4.3. Contractors, 4.4. Consultants, and 7.6.b.(2), . (Legacy) DoD 5200.2-R, Personnel Security Program, Chapter 3, paragraphs C3.1., C3.1.2.1.1.7., C3.1.2.1.2.3., C3.1.3., C.3.2, C3.3 C3.4, C3.4.2, and C3.6.15, C3.7.10, C3.7.11., and Appendix 10. OPM/National Background Investigations Bureau URL: https://www.opm.gov/suitability/ https://nbib.opm.gov/ https://nbib.opm.gov/hr-security-personnel/requesting-opm-personnel-investigations/#url=5.0 *POSITION DESIGNATION TOOL: https://www.opm.gov/suitability/suitability-executive-agent/position-designation-tool/ The Joint Personnel Adjudication System (JPAS) and the Defense Information System for Security (DISS). Once fully deployed, DISS will replace JPAS to serve as the system of record to perform comprehensive personnel security, suitability and credential eligibility management for all military, civilian, and DOD contractor personnel. These databases reflect position sensitivity, security clearance information and ADP/IT information for vetted individuals.

    Source : www.stigviewer.com

    The Tier 3 Investigation Is Designated for the Following

    Military -- adjudicate to the SCI level on Tier 5 investigations and re-investigations. Tier 3 Non-Critical Sensitive level 2 - Secret or Co...

    The Tier 3 Investigation Is Designated for the Following

    - April 24, 2022

    Military -- adjudicate to the SCI level on Tier 5 investigations and re-investigations. Tier 3 Non-Critical Sensitive level 2 - Secret or Confidential SSBI for High Risk level 6.

    2

    2 DCSA webpage Requesting Personnel Investigations via e-QIP and 3 OPMs Guide to Processing Personnel Actions Chapter 26 Change in Tenure formerly known as FPM Supplement 296-33.

    . Tier 3 and Tier 3R investigations will be identified as T3 and T3R in OPMs databases. This investigation is similar to the Moderate Risk MBI background investigation. The Tier 3R investigation is a Periodic Reinvestigation PR required for all Secret and Confidential clearance.

    Tier 3 Investigations are conducted for positions designated as non-critical sensitive andor requiring confidential secret or L access eligibility. T3 is the investigation required for positions designated as non-critical sensitive andor requiring eligibility for L access or access to Confidential or Secret information. He is in a non-sensitive designated High Risk Public Trust position that does not require access to classified information.

    1 5 CFR 1400102b 2 5 CFR 731106a 3 5 CFR 1400102b 4. Non-Critical Sensitive Investigations conducted to this standard are for positions designated as non-critical sensitive andor requiring eligibility for L access or access to. Tier 3 or Tier 5 Background Investigation The AO will be responsible for ensuring NED reflects the correct position designation level for the position as well as providing a justification in NED that supports the need for security clearance.

    T3 investigations will be identified by case type code 64 and T3R investigations will be identified by case type code 65. Designated is moderate risk public trust using Standard Form-85P. What type of investigation is a Tier 3.

    Described in the following sections of the position designation system it requires a higher designation. But dont view an interview request in the course. T3R is the reinvestigation product required for the same positions.

    What tier investigation will Zack need. Initial Investigations for each position sensitive level will consist of. Zack is about to start work as an accountant for the Veterans Administration.

    Non-Critical Sensitive National Security including Secret L access eligibility. Persons requiring a confidential or secret security clearance for their position or duties are required to. Access to classified information.

    Persons requiring a confidential or secret security clearance for their position or duties are required to. Tier 3 Secret Tier 5 Top Secret. Service employees or others eg volunteers under investigation and their supervisors must.

    3 1 5 CFR 736 Personnel Investigations. Civilian -- adjudicate to the level requested in the AUB as reflected by the PDT unless they are. The investigative form is the SF-86.

    Individual can be granted eligibility for access to classified information andor assignment to duties that have been designated national security. Tier 3 high-risk positions critical sensitive positions special sensitive positions and positions requiring access to Top Secret DOE Q and Sensitive Compartmented Information. With regard to security clearance levels the following general rules apply.

    Critical Sensitive and Special Sensitive National Security including Top Secret SCI and Q access eligibility. In other words you can decrease your likelihood of requiring a subject interview by making sure you fill out your SF-86 accurately. T3 is the investigation required for positions designated as non-critical sensitive andor requiring eligibility for L access or access to Confidential or Secret information.

    Pursuant to an assignment of functions under section 22e of EO. With regard to security clearance levels the following general rules apply. 13467 the December 2012 Federal Investigative Standards apply to investigations for.

    T3R is the reinvestigation product required for the same positions. Tier 3 Non-Critical Sensitive level 2 - Secret or Confidential Moderate Risk Investigation for Moderate Risk level 5. Privileged users must undergo a SSBITier 5 investigation while general system users within the DoD must undergo a NACLAC ANACI NACITier 3 investigation.

    High Risk Public Trust HRPT Tier 4R. Currently PRs are required at 10-year intervals for Secret clearances and at 15-year intervals for Confidential clearances. The Standard Form SF 86 is used to conduct these investigations.

    Other investigative service providers ISPs that conduct T3 and T3R investigations should report initiation ofT3 and T3R investigations to OPMs Security and. National Security Background Investigations The Tier 3 and Tier 5 national security background investigations determine eligibility for. When Continuous Vetting is fully implemented it should replace the need for regular Tier 3R investigations.

    The Tier 3 process unlike the old NACLCANACI allows the investigator to talk to other folks to figure out the whole story so give your side during the Subject interview to the investigator. The justification must include the level clearance being requested. Tier 3 Tier 4 Tier 5 Question 3 of 5.

    Source : hezekiahnewspollard.blogspot.com

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