Strengthening the Suitability and Fitness of the Federal Workforce
1. Purpose
This memorandum outlines the delegation of authority to the Director of the Office of Personnel Management (OPM) for making final suitability determinations and related actions regarding employees in the executive branch.
2. Key Actions And Directives
- Establish Suitability Actions by OPM: The Director of OPM is to oversee suitability actions, including directives for agency heads to remove employees who fail to meet suitability criteria.
- Complete Rulemaking Process: The delegation of authority becomes effective only after the completion of proposed rulemaking regarding suitability determinations.
- Mandatory Referral for Suitability Determination: Employing agencies must refer cases to OPM for suitability determinations as per upcoming regulations.
- Legal Compliance for Agency Heads: Agency heads must comply with OPM's instructions concerning employees within 5 workdays of final decisions.
3. Important Points
- Authority Structure: The Director of OPM is granted authority over suitability determinations without diminishing the legal powers of executive departments.
- Legal Non-Enforceability: The memorandum does not create enforceable rights against the United States or its entities.
- Publication in Federal Register: The memorandum is directed to be published in the Federal Register to inform the public and relevant stakeholders.
- Alignment with Existing Law: Proposed regulations must align with applicable law and revision of Part 731 of title 5, Code of Federal Regulations.
- Purpose of Rulemaking: The rulemaking seeks to implement clear procedures for suitability determinations and actions following the delegation of authority.
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