CHAPTER 5

STANDARDS AND CRITERIA FOR SENSITIVE POSITIONS

5-1 [Criteria For National Security and Public Trust
Positions]{.underline} - Some criteria for national

security and public trust positions overlap. An individual who is found
unsuitable for

> either a national security or public trust position, may be found
> suitable to occupy a
>
> Non-sensitive position or may be found unsuitable for any Federal
> employment and be barred from employment for up to three years;

5-2 [Standard For Sensitive Positions]{.underline} - The security
standard for employment or retention of

> an individual in a sensitive position is that it is clearly consistent
> with the interests of national security or promotes the efficiency of
> the Federal service;

5-3 [Criteria For National Security Positions]{.underline} - EO 10450
provides guidelines to determine

> whether an individual's employment or retention in the Federal service
> is clearly consistent with the interests of national security. This
> information shall relate, but not be limited to, the following:
>
> A. Behavior, activities, or associations that tend to show that the
> individual is not
>
> reliable or trustworthy;

B. Deliberate misrepresentation, falsification, or omission of material
facts;

> C. Criminal, infamous, dishonest, immoral, or notoriously disgraceful
> conduct,
>
> habitual use of intoxicants to excess, drug addiction, or sexual
> perversion;

D. Illness, including any mental condition, of a nature that in the
opinion of

> competent medical authority may cause significant defect in the
> judgment or reliability of the employee, with due regard to the
> transient or continuing effect of the illness and the medical findings
> in such case;
>
> E. Facts that furnish reason to believe that the individual may be
> subjected to
>
> interests of the national security;
>
> F. Commission of any act of sabotage, espionage, treason, or
> sedition - or attempts,
>
> threat, or preparation therefor, or conspiring with or aiding or
> abetting another to commit or attempt to commit any such act;

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> G. Establishing or continuing a sympathetic association with a
> saboteur, spy, traitor,
>
> seditionist, anarchist, or revolutionist, or with an espionage or
> other secret agent or representative of a foreign nation whose
> interests may be inimical to the
>
> interests of the United States, or with any person who advocates the
> use of force
>
> or violence to overthrow the Government of the United States, or the
> alteration of the form of Government of the United States by
> unconstitutional means;
>
> H. Advocacy of use of force or violence to overthrow the Government of
> the
>
> United States, or of the alteration of the form of Government of the
> United States by unconstitutional means;
>
> I. Knowing membership*,* with specific intent of furthering the aims
> of, or adherence
>
> to and active participation in, any foreign or domestic organization,
> association, movement, group, or combination of persons which
> unlawfully advocates or practices the commission of act of force or
> violence to prevent others from exercising their rights under the
> Constitution or laws of the United States or of any State, or which
> seeks to overthrow the Government of the United States or any State or
> subdivision thereof by unlawful means;
>
> J Intentional, unauthorized disclosure to any person of security
> information, or of
>
> other information prohibited by law to be disclosed, or willful
> violation or disregard of security regulations;
>
> K. Performing or attempting to perform duties, or otherwise acting, so
> as to serve the
>
> interests of another government in preference to the interests of the
> United States; and
>
> L. Refusal by the individual, on the grounds of constitutional
> privilege against self-
>
> incrimination, to testify before a Congressional committee regarding
> charges of alleged disloyal, or other misconduct.

5-4 [Criteria For Public Trust Positions]{.underline} - Title 5 CFR
731provides general guidelines for

> determining whether an individual's employment, or continued
> employment, including contractors, will promote the efficiency of the
> Federal service as follow:

A. The determination shall be made on the basis of:

1\. Whether the individual's conduct may reasonably be expected to
interfere

> with, or prevent, efficient service in the position or effective
>
> accomplishment by HUD of its duties or responsibilities; or

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2\. Whether a statutory or regulatory bar prevents the lawful employment
of

> the individual in the position.

B. When making a determination under this section, any of the following
reasons

> may be considered a basis for finding an individual unsuitable:

1\. Misconduct or negligence in prior employment that would have a
bearing

> on efficient service in the position or would interfere with or
> prevent
>
> effective accomplishment by HUD of its duties or responsibilities;

2\. Criminal or dishonest conduct related to the person's duties or
service in

> the position, or to other employees' service;

3\. Intentional false statement, deception, or fraud in examination or

> appointment process;

4\. Refusal by a Federal employee to furnish testimony in regard to
matters

> inquired of under the civil service laws, rules, and regulations;
>
> 5\. Alcohol abuse of a nature and duration that suggests that the
> individual
>
> would be prevented from performing the position's duties, or would
> constitute a direct threat to the property or safety of others;

6\. Illegal use of narcotics, drugs, or other controlled substances
without

> evidence of substantial rehabilitation;

7\. Knowing and willful engagement in acts or activities designed to

overthrow the Government of the United States by force; and/or

8\. Any statutory or regulatory bar that prevents the lawful employment
of the

> person to the position.

C. OPM and agencies shall consider the following additional factors to
the

extent that they deem these factors pertinent to the case:

1\. The kind of position to be filled by the individual, including the

> degree of public trust or risk in the position;

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> 2\. The nature and seriousness of the conduct;
>
> 3\. The circumstances surrounding the conduct;

4\. The recency of the conduct;

5\. The person's age at the time of the conduct;

6\. Contributing societal conditions; and

> 7\. The absence or presence or rehabilitation or efforts toward
>
> rehabilitation.

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