Strengthening the Suitability and Fitness of the Federal Workforce

The Director of the Office of Personnel Management (OPM) is delegated the authority to make final suitability determinations and take suitability actions regarding employees in the executive branch based on post-appointment conduct, consistent with applicable law.  In this context, a suitability action can include a directive by OPM to the head of an executive department or agency (agency) to remove an employee who does not meet the suitability criteria defined in OPM’s regulations. The Director of OPM shall propose regulations to account for this delegation and to implement appropriate rules and procedures regarding suitability determinations and suitability actions based on post-appointment conduct. The Director of OPM shall consider requiring that an employing agency must make a referral to OPM in order for the Director of OPM to make a final suitability determination and take a suitability action regarding an employee based on post-appointment conduct.