[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR731.106]

[Page 25-26]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 731--SUITABILITY--Table of Contents
 
                            Subpart A--Scope
 
Sec. 731.106  Designation of public trust positions and investigative requirements.

    (a) Risk designation. Agency heads shall designate every competitive 
service position within the agency at a high, moderate, or low risk 
level as determined by the position's potential for adverse impact to 
the efficiency and integrity of the service. OPM will provide an example 
of a risk designation system for agency use in supplemental guidance.
    (b) Public Trust positions. Positions at the high or moderate risk 
levels would normally be designated as ``Public Trust'' positions. Such 
positions may involve policy making, major program responsibility, 
public safety and health, law enforcement duties, fiduciary 
responsibilities, or other duties demanding a significant degree of 
public trust; and positions involving access to or operation or control 
of financial records, with a significant risk for causing damage or 
realizing personal gain.
    (c) Investigative requirements. Persons receiving an appointment 
made subject to investigation under this part must undergo a background 
investigation. Minimum investigative requirements correlating to risk 
levels will be established in supplemental guidance provided by OPM. 
Investigations should be initiated before appointment or, at most, 
within 14 calendar days of placement in the position.
    (d) Suitability reinvestigations. Agencies, relying on authorities 
such as the Computer Security Act of 1987 and OMB Circular No. A-130 
Revised (issued February 8, 1996), may require incumbents of certain 
public trust positions to undergo periodic reinvestigations. The 
appropriate level of any reinvestigation will be determined by the 
agency, but may be based on supplemental guidance provided by OPM.
    (e) Risk level changes. If an individual experiences a change in 
position risk level (moves to a higher risk level position, or the risk 
level of the position itself is changed) the individual may encumber or 
remain in the position. Any upgrade investigation required for the new 
risk level should be initiated within 14 calendar days after the move or 
the new designation is final.

[[Page 26]]

    (f) Any suitability investigation completed by an agency under 
provisions of paragraphs (d) or (e) of this section must be adjudicated 
by the employing agency. The subject's employment status will determine 
the applicable agency authority and procedures to be followed in any 
action taken.