OPM Trims Records System After DoD Background Check Shift
Published Date: 6/26/2026
Notice
Summary
The Office of Personnel Management (OPM) is updating its records system to focus only on suitability decisions for federal jobs, since background checks have moved to the Department of Defense. This change affects anyone applying for or holding federal positions and takes effect on July 27, 2026. No new costs are expected, but public comments are open until that date.
Analyzed Economic Effects
6 provisions identified: 1 benefits, 4 costs, 1 mixed.
Long Retention of Suitability Records
OPM will retain suitability adjudication files and related computerized records for 16 years from closing (25 years if the file involves potentially actionable issues). Suitability appeal files are retained for 7 years.
Sensitive Personal Data Included
The OPM suitability files may include highly sensitive information such as Social Security numbers, date and place of birth, mental health history, drug and alcohol records, financial records, Internal Revenue Service income tax information, and credit reports.
Records May Be Shared Widely
OPM may disclose suitability records to entities such as the Department of Justice, the Department of Defense (DCSA), other federal agencies, contractors, Congress, NARA, and law enforcement, and may share data to respond to breaches.
You Can Request Access and Amendments
Individuals may request access to their OPM suitability records or request amendments by filing a Privacy Act request or Privacy Act Amendment Request to OPM, and must include full name, date of birth, contact preference, last federal agency and dates, and a signature. Individuals subject to a proposed suitability action may also request the materials OPM relied on under 5 CFR 731.302(a).
OPM Keeps Only Suitability Files
OPM will only keep records used to make and review suitability decisions for federal jobs, and background investigation records have been transferred to the Defense Counterintelligence and Security Agency (DCSA). This change takes effect July 27, 2026; OPM says no new costs are expected and the public may comment through July 27, 2026.
OPM Can Assert Privacy Exemptions
OPM may claim exemptions for records under 5 U.S.C. 552a(k) and 5 CFR 297.501(b)(5), and may reserve the right to assert exemptions for certain records received from other agencies or compiled in anticipation of litigation.
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Key Dates
Department and Agencies
Related Federal Register Documents
2026-15650, Suitability Action Appeals
The Office of Personnel Management (OPM) is issuing final regulations to revise how an applicant, appointee, or employee may appeal a suitability action taken under 5 CFR part 731. OPM will replace the Merit Systems Protection Board (MSPB) as the adjudicative agency for such appeals. The change will streamline suitability action appeals procedures, thereby improving the efficiency, rigor, and timeliness by which OPM and agencies resolve challenges to suitability actions and ensure the integrity and efficiency of the service.
2026-15654, Streamlining Probationary and Trial Period Appeals
The Office of Personnel Management (OPM) is issuing a final rule to change the circumstances and procedures for adjudicating appeals from employees terminated during their probationary and trial periods and supervisors and managers who fail to complete their probationary periods. Executive order, "Strengthening Probationary Periods in the Federal Service," rendered the prior procedures for appealing such actions to the Merit Systems Protection Board (MSPB) inoperative. This final rule establishes a new, limited appeals process adjudicated by OPM. The final rule also makes conforming amendments.
2026-15666, Reduction in Force Appeals
The Office of Personnel Management (OPM) is issuing final regulations to revise how an employee may appeal a furlough of more than 30 days, separation, or demotion by a reduction-in-force (RIF) action. OPM will replace the Merit Systems Protection Board (MSPB) as the adjudicative agency for such appeals. The rule establishes a uniform, record-based OPM appeal process; clarifies the appellant's burden; requires production of the complete agency record; preserves collateral statutory remedies; and applies prospectively to improve timeliness, consistency, and cost-effectiveness while maintaining administrative review.
2026-15665, Reduction in Force
The Office of Personnel Management (OPM) is revising its reduction in force (RIF) regulations to make the RIF regulations more streamlined, efficient, and merit-based by prioritizing performance over tenure and length of service when determining which employees will be retained in a RIF and by modifying the types of employees who are excluded from RIF competition. OPM is also revising its regulations regarding the reemployment priority list (RPL), career transition assistance program (CTAP), the interagency career transition assistance program (ICTAP), and transfers of function.
2026-15597, FLSA Claims and Compliance
The Office of Personnel Management (OPM) is issuing this direct final rule to update the provisions concerning Fair Labor Standards Act (FLSA) claims submissions to OPM.
2026-14751, First Responder Fair RETIRE Act
The First Responder Fair RETIRE Act helps federal first responders who get sick or hurt on the job keep their full retirement benefits like nothing changed. This means if they face a duty-related injury or illness, their retirement pay won’t drop. The new rules are open for public comments until September 21, 2026, and aim to make retirement fairer and simpler for these heroes.
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