Federal Investigations Notice

Notice No . 02-03

Date: February 25, 2002

Subject: Extension of Deadline to Fully Implement Revised 5 CFR 731 Suitability Regulations

OPM issued revised regulations covering suitability adjudication, which were published in the Federal Register (Volume 65, Number 250, Pages 82239-82246) on December 28, 2000. Per subsequent notice published on January 26, 2001, (Volume 66, Number 18, page 7863), the effective date for implementation was extended 60 days until March 30, 2001. In the supplemental comments with this issuance, we informed agencies we were giving them up to one year to train personnel and modify their existing suitability adjudication program to accommodate their increased applicant suitability authority. We also said we would continue to accept applicant suitability referrals from agencies during this period. This one-year "grace period" was originally set to end on March 30, 2002; however, we have decided to extend this period until June 30, 2002.

We are currently re-examining suitability and objection/passover policies as a result of several recent decisions by the Merit Systems Protection Board. These policy decisions may impact on or change procedures used by agencies when suitability issues arise. In addition, finalization of our supplemental guidance to the regulations, which we plan to issue in a Suitability Processing Handbook, is pending these policy decisions.

While we will continue to accept applicant suitability referrals for adjudication, this does not preclude agencies from adjudicating suitability cases under the procedures outlined in 5 CFR 731, if they desire to do so. OPM provided suitability "train the trainer" courses to a large number of agency representatives last year. The suitability training materials we used provide adequate procedural guidance to supplement the regulations.

If you have a need for suitability training, we have arranged for the USDA Graduate School to provide this training on an ongoing basis. You may contact the Grad School directly at (202) 314-3683.

For further information, please refer to one of the following at Investigations Service Headquarters, Washington, DC: Security Appraisal Officers: (202) 606-1042.

General questions regarding the new regulations or training may also be directed to the following at the
Federal Investigations Processing Center (FIPC), Boyers, PA:

Kim Truckley, Lead Suitability Specialist: (724) 794-5612, ext. 244; e-mail: Kim.Truckley@opm.gov
Carol Means, Lead Suitability Specialist: (724) 794-5612, ext. 187; e-mail: Carol.Means@opm.gov

Kathy Dillaman
Assistant Director for Operations

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