The President has issued a memorandum to strengthen the suitability and fitness of the federal workforce. The directive delegates authority to the Director of the Office of Personnel Management (OPM) to make final suitability determinations and take actions regarding employees in the executive branch based on their conduct after appointment, consistent with applicable law.
"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."
The OPM Director is tasked with proposing regulations to amend Part 731 of title 5, Code of Federal Regulations. These amendments will reflect this delegation and implement appropriate rules for suitability determinations and actions. The delegation will not be effective until these regulations are completed.
"In drafting the regulations described in subsection (b) of this section, 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."
The proposed regulations will also suggest that if specific instructions are issued by OPM concerning separation or corrective action, including cancellation of personnel action, agency heads must comply within five workdays.
"This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations."
The memorandum clarifies that it does not impair existing legal authorities or create enforceable rights against any U.S. entity or person. The OPM Director is instructed to publish this memorandum in the Federal Register.
