President Empowers OPM to Constantly Vet Federal Workers' Suitability
Published Date: 3/25/2025
Presidential Document
Summary
The President gave the Office of Personnel Management (OPM) the power to decide if federal employees stay fit for their jobs, especially after they’re hired. OPM will create new rules to guide these decisions, and agencies must follow OPM’s orders quickly—within 5 workdays. This change affects all executive branch workers and aims to keep the federal workforce strong and trustworthy, with new rules coming soon.
Analyzed Economic Effects
5 provisions identified: 0 benefits, 4 costs, 1 mixed.
OPM given final say on employee fitness
The Director of the Office of Personnel Management (OPM) is given the authority to make final suitability determinations and take suitability actions about executive branch employees based on post-appointment conduct. OPM can direct an agency head to remove an employee who does not meet OPM's suitability criteria.
Agencies must follow OPM orders in 5 work days
The proposed regulations would require that if the Director of OPM issues specific instructions for separation or other corrective action, the head of the agency must comply within 5 work days of the final decision, consistent with Civil Service Rule 5.3. That 5-work-day compliance requirement is explicitly stated in the memorandum.
OPM will rewrite Part 731 rules
OPM will propose regulations amending Part 731 of title 5, Code of Federal Regulations to implement the delegated authority for suitability determinations based on post-appointment conduct. The memorandum says the delegation is not effective until that rulemaking is complete.
OPM may require agency referrals first
In drafting the new regulations, the Director of OPM is instructed to consider requiring that an employing agency must make a referral to OPM before OPM can make a final suitability determination and take suitability action based on post-appointment conduct. The memorandum frames this as a consideration for the rulemaking.
Memo does not create enforceable legal rights
The memorandum states it is not intended to create any substantive or procedural right or benefit enforceable at law or in equity by any party against the United States, its agencies, officers, employees, or agents. It also says implementation is subject to applicable law and available appropriations.
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Key Dates
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