Frequently Asked Questions Suitability Executive Agent

No; per 5 CFR 731.101(a), determinations made and actions taken under part 731 are distinct from objections to eligibles or passovers of preference eligibles, and OPM's and agencies' decisions on such requests, made under 5 U.S.C. 3318 and 5 CFR 332.406. The appeal right under 5 CFR part 731 does not extend to any other employment action that an agency takes outside of the procedures set forth in part 731.

Unless an exception has been granted by the U.S. Office of Personnel Management (OPM) agencies must delay the collection of the Optional Form (OF) 306 until after the applicant's experience and qualifications have been considered and a conditional offer of employment has been made.

If a material, intentional falsification, deception or fraud issue is developed during an NBIB investigation, the U.S. Office of Personnel Management (OPM) will contact the agency to coordinate the adjudication. OPM may assume jurisdiction after discussing the case with the agency. If an agency feels an NBIB investigation developed a material, intentional falsification, deception or fraud issue that should have been adjudicated by OPM but was not, it may contact OPM's Suitability Adjudications to request a second review of the case.

The RSI is not a background or criminal investigation. An agency may request an RSI when it needs additional investigation to resolve issues (such as alcohol or drug rehabilitation or credit) that might fall outside the normal scope of an investigation; to establish a history or pattern of behavior; or to obtain other information related to suitability or security. The cost of the RSI varies depending on the work to be performed, but basic pricing is listed in the National Background Investigations Bureau's (NBIB's) Billing Federal Investigations Notices. To initiate an RSI, please see the instructions on the NBIB RSI and Reopen webpage.

Agencies may request NBIB to reopen an investigation for issue resolution of A, B, or C issues (original, upgrades, or conversions). The agency should submit a written request to reopen the case and show what issues need to be resolved.  To submit a request to reopen an investigation, see instructions on NBIB's RSI and Reopen webpage.

The RSI is not a background or criminal investigation. RSIs An agency may request an RSI when it needs additional investigation to resolve issues (such as alcohol or drug rehabilitation or credit) that might fall outside the normal scope of an investigation; to establish a history or pattern of behavior; or to obtain other information related to suitability or security. The cost of the RSI varies depending on the work to be performed, but base pricing is listed in the National Background Investigations Bureau’s Billing Federal Investigation Notices . A representative of NBIB will contact the agency prior to scheduling the investigation to provide a cost estimate. To initiate an RSI, please see the instructions on the National Background Investigations Bureau’s RSI and Reopen webpage.

Under the provisions of 5 CFR parts 731 and 732, agencies are required to report their final adjudicative actions to OPM. Per 5 CFR 731.203(g), all actions based on an NBIB investigation must be reported to OPM as soon as possible and in no event later than 90 days after receipt of the final report of investigation. The INV FORM 79A is included with closed NBIB Reports of Investigation for this purpose. Agencies should follow the instructions provided on the form and return it to OPM within 90 days after receipt of the final report of investigation. In some cases, agencies will also be asked to contact OPM to coordinate adjudication. Occasionally, the agency may be contacted by Suitability Adjudications if OPM decides to assume jurisdiction and adjudicate the case.

Agencies may request NBIB to reopen an investigation for issue resolution of A, B, or C issues (original, upgrades, or conversions). The agency should submit a written request to reopen the case and show what issues need to be resolved. To submit a request to reopen an investigation, see instructions on NBIB's RSI and Reopen webpage.