Presidential Document2025-05217

Strengthening the Suitability and Fitness of the Federal Workforce

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
March 25, 2025
Signed
March 20, 2025

Issuing agencies

Executive Office of the President

Full Text

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<title>Federal Register, Volume 90 Issue 56 (Tuesday, March 25, 2025)</title>
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[Federal Register Volume 90, Number 56 (Tuesday, March 25, 2025)]
[Presidential Documents]
[Pages 13683-13684]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05217]




                        Presidential Documents 



Federal Register / Vol. 90, No. 56 / Tuesday, March 25, 2025 / 
Presidential Documents

[[Page 13683]]


                Memorandum of March 20, 2025

                
Strengthening the Suitability and Fitness of the 
                Federal Workforce

                Memorandum for the Director of the Office of Personnel 
                Management

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered:

                Section 1. Delegation of Authority to Make Suitability 
                Determinations and Required Rulemaking. (a) 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.

                    (b) The Director of OPM shall propose regulations, 
                consistent with applicable law, amending Part 731 of 
                title 5, Code of Federal Regulations, to account for 
                the delegation described in subsection (a) of this 
                section and to implement appropriate rules and 
                procedures regarding suitability determinations and 
                suitability actions based on post-appointment conduct. 
                The delegation described in subsection (a) of this 
                section shall not be effective until the completion of 
                this rulemaking.
                    (c) 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.
                    (d) The regulations described in subsection (b) of 
                this section shall additionally propose that, 
                consistent with Civil Service Rule 5.3, if the Director 
                of OPM issues specific instructions as to separation or 
                other corrective action with regard to an employee, 
                including cancellation of a personnel action, the head 
                of the agency concerned shall comply with the Director 
                of OPM's instructions within 5 work days of the final 
                decision.

                Sec. 2. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.
                    (c) This memorandum is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

[[Page 13684]]

                    (d) The Director of OPM is authorized and directed 
                to publish this memorandum in the Federal Register.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                 THE WHITE HOUSE,

                     Washington, March 20, 2025

[FR Doc. 2025-05217
Filed 3-24-25; 8:45 am]
Billing code 6325-39-P-P


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Indexed from Federal Register on March 25, 2025.

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