§731.202. Criteria for making suitability and fitness determinations.
5 C.F.R. § 731.202
General. OPM, or an agency to which OPM has delegated suitability authority, must base its suitability determination on the presence or absence of one or more of the specific factors in paragraph (b) of this section. An agency is responsible for making a fitness determination for an excepted service position covered by this part but must apply the specific factors in paragraph (b) as the minimum standards for making the determination. When applying these criteria, an agency must also apply guidance in supplemental issuances, as described in § 731.102(b). If using these factors to also make a Personal Identity Verification (PIV) Credential determination as outlined in OPM issuances regarding PIV credentialing eligibility, an agency must also ensure they have verified the individual's identity.
Specific factors. Only OPM may take a suitability action considering the factors in paragraph (b)(3) or (b)(8) of this section. Agencies may use the factor in paragraph (b)(10) in applicant and appointee suitability cases but not employee cases; however, OPM may use this or any factor in employee cases. When making a suitability determination, OPM or an agency will consider only the following factors to determine if an individual is suitable. When making fitness determinations, an agency must consider all of the following factors as a minimum standard, but it may prescribe additional factors to protect the integrity and promote the efficiency of the service, when job-related and consistent with business necessity.
Misconduct or negligence in employment. This factor includes:
Theft or misuse of Government resources and equipment, or negligent loss of material Government resources and equipment during employment with, or on behalf of, the Federal Government or a state, territorial, or local government; and
Refusal to certify compliance with any applicable non-disclosure obligations consistent with 5 U.S.C. 2302(b)(13) and failure to adhere to those compliance obligations in the course of Federal employment.
Criminal conduct.
Material, intentional false statement, or deception or fraud, in examination or appointment.
Dishonest conduct.
Failure to comply with financial obligations or generally applicable civil legal obligations, such as timely filing of tax returns.
Excessive alcohol use, without evidence of rehabilitation, of a nature and duration that suggests the individual would be prevented from performing the duties of the position in question, or would constitute a direct threat to the property or safety of the individual or others.
Illegal use of narcotics, drugs, or other controlled substances, without evidence of rehabilitation.
Knowing and willful engagement in acts or activities designed to overthrow the U.S. Government by force.
Violent conduct.
Any statutory or regulatory bar or any other provision of law, regulation, Executive order, or other binding legal authority that prevents the lawful employment of the individual in the position in question, such as citizenship or nationality requirements.
Additional considerations. OPM and an agency must consider any of the following additional considerations to the extent OPM or the relevant agency, in its sole discretion, deems any of them pertinent to the individual case:
The nature of the position for which the individual is applying or in which the individual is employed;
The nature and seriousness of the conduct;
The circumstances surrounding the conduct;
The recency of the conduct;
The age of the individual involved at the time of the conduct;
Contributing societal conditions; and
The absence or presence of rehabilitation or efforts toward rehabilitation.
All persons responsible for suitability screening, review, or making suitability determinations under this part must be trained in accordance with national training standards for suitability adjudicators issued in supplemental issuances, as described in § 731.102(b).
Notes, amendments, and revision history
Amendments
[89 FR 102695, Dec. 18, 2024, as amended at 91 FR 39380, June 30, 2026]
Source
Source: 89 FR 102695, Dec. 18, 2024, unless otherwise noted.
Authority
Authority: 5 U.S.C. 1302, 2301, 2302, 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. E.O. 14210, 90 FR 9669. Presidential Memorandum of January 31, 2014, 3 CFR, 2014 Comp., p. 340. Presidential Memorandum of March 20, 2025, 90 FR 13683. 5 CFR parts 1, 2, 5, and 6. Link to an amendment published at 91 FR 49065, Aug. 3, 2026.
Source
Source: 73 FR 20154, Apr. 15, 2008, unless otherwise noted.
Amendments
[89 FR 102695, Dec. 18, 2024, as amended at 91 FR 39380, June 30, 2026]