Strengthening the Suitability and Fitness of the Federal Workforce

This memorandum delegates to the OPM Director authority to make final suitability determinations and take removal actions against executive branch employees based on post-appointment conduct, contingent on completion of rulemaking to amend 5 CFR Part 731. It also proposes requiring agency referrals to OPM and mandates 5-work-day compliance by agency heads with OPM separation instructions.

Federal Register Open PDF 90 FR 13683

Impact dates

Date TBD
Agency head compliance with OPM separation instructions
Date TBD
Delegation becomes effective upon rulemaking completion
Date TBD
OPM to propose regulations amending 5 CFR Part 731

Key directives

OPM Director delegated authority to make final suitability determinations based on post-appointment conduct
OPM Director shall propose regulations amending 5 CFR Part 731
Delegation not effective until rulemaking completion
OPM shall consider requiring agency referrals for suitability determinations
Agency heads must comply with OPM separation instructions within 5 work days of final decision

Who is ordered

Director of the Office of Personnel Management · OPM

Timeline

Immediate

Memorandum published in Federal Register

Near term (90d)

OPM must propose regulations amending 5 CFR Part 731

Long term

Delegation becomes effective upon rulemaking completion
New suitability determination procedures take effect after final rule

Risks & tensions

Rulemaking completion date unspecified—delegation timeline uncertain
Potential tension with agency heads over removal authority centralization
5-work-day compliance requirement may face implementation resistance
Civil service protections and union challenges likely
Post-appointment conduct standard vague—scope of 'suitability' undefined in text