OPM proposes reinvestigation rule for certain employees

Federal employees who work in law enforcement, have fiduciary responsibilities and others in similar positions would have to go through a reinvestigation every five years under a new proposed rule.

The Office of Personnel Management issues the draft requirement today as part of the implementation of the Executive Order: Granting Reciprocity on Excepted Service and Federal Contractor Employee Fitness and Reinvestigating Individuals in Positions of Public Trust.

Former President George W. Bush issued the decree in January 2009.

The order calls OPM to develop standards to determine and ensure employees in high or moderate risk positions still meet the security requirements.

Under the proposed rule, OPM also is asking whether five years is too little and employees should be investigated more often.

"[T]he proposed rule would provide that an investigation or reevaluation to determine a person's initial or continued eligibility for access to classified information, which is conducted at an equal or higher level than required for their public trust reinvestigation, satisfies the 5-year reinvestigation requirement for that person," the proposed rule states.

"The agency is not required to conduct an additional investigation in such circumstances, and the completed security clearance investigation restarts the five-year schedule for a new public trust reinvestigation."

Agencies also would report to OPM all completed investigations and any personnel action taken based on the background check.

Comments are due Jan. 4.

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On the Web:

GPO -- Federal Register proposed rule on reinvestigations

NARA -- Executive Order: Granting Reciprocity on Excepted Service and Federal Contractor Employee Fitness and Reinvestigating Individuals in Positions of Public Trust (pdf)

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