Part 731 - Suitability and Fitness

Part 731 up to date from eCFR as of Apr 28, 2025; last amended Jan 17, 2025.

Authority: 5 U.S.C. 1302, 3301, 7301. E.O. 10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218, as amended. E.O. 13467, 73 FR 38103, 3 CFR, 2009 Comp., p. 198, as amended. E.O. 13488, 74 FR 4111, 3 CFR, 2010 Comp., p. 189, as amended. E.O. 13764, 82 FR 8115, 3 CFR, 2017 Comp. p. 243. Presidential Memorandum of January 31, 2014, 3 CFR, 2014 Comp., p. 340. 5 CFR parts 1, 2, 5, and 6.

Source: 73 FR 20154, Apr. 15, 2008, unless otherwise noted.

Table of Contents

• Subpart A - Scope

  • § 731.101 Purpose.
  • § 731.102 Implementation.
  • § 731.103 Delegation to agencies for the competitive service and career Senior Executive Service.
  • § 731.104 Investigation and reciprocity requirements.
  • § 731.105 Authority to take suitability actions in cases involving the competitive service or career Senior Executive Service.
  • § 731.106 Designation of public trust positions and investigative requirements.

• Subpart B - Determinations of Suitability or Fitness; Suitability Actions in Cases Involving the Competitive Service or Career Senior Executive Service

  • § 731.201 Standard.
  • § 731.202 Criteria for making suitability and fitness determinations.
  • § 731.203 Suitability actions by OPM and other agencies for the competitive service or career Senior Executive Service.
  • § 731.204 Debarment by OPM in cases involving the competitive service and career Senior Executive Service.
  • § 731.205 Debarment by agencies in cases involving the competitive service and career Senior Executive Service.
  • § 731.206 Reporting requirements for investigations and suitability and fitness determinations.

• Subpart C - OPM Suitability Action Procedures for the Competitive Service or Senior Executive Service

  • § 731.301 Scope.
  • § 731.302 Notice of proposed action.
  • § 731.303 Answer.
  • § 731.304 Decision.

• Subpart D - Agency Suitability Action Procedures for the Competitive Service or Career Senior Executive Service

  • § 731.401 Scope.
  • § 731.402 Notice of proposed action.
  • § 731.403 Answer.
  • § 731.404 Decision.

• Subpart E - Appeal to the Merit Systems Protection Board of Suitability actions in cases involving the Competitive Service or Career Senior Executive Service

  • § 731.501 Appeal to the Merit Systems Protection Board.