Strengthening the Suitability and Fitness of the Federal Workforce

Memorandums

TLDR

This executive memorandum delegates authority to the OPM Director to make final suitability determinations and direct removals of federal employees based on post-appointment conduct, requires agencies to comply within 5 days, and continues the administration’s broader effort to restructure the federal workforce that began in January 2025.

This executive memorandum delegates significant new authority to the Office of Personnel Management (OPM) Director to make final suitability determinations and take actions against federal employees based on post-appointment conduct. This continues the administration’s efforts to reshape the federal workforce that began in January 2025.

This memorandum:

  • Delegates authority to the OPM Director to make final suitability determinations for executive branch employees based on their conduct after appointment
  • Authorizes the OPM Director to direct agency heads to remove employees who don’t meet suitability criteria
  • Requires OPM to propose new regulations amending 5 CFR Part 731 to implement these changes
  • Mandates agency heads comply with OPM’s instructions regarding employee separation within 5 work days of a final decision

It further represents the latest development in the Trump administration’s broader effort to transform the federal workforce, which has included:

  • A January 2025 buyout program offering federal employees approximately 7-8 months’ salary to resign by February 6, 2025
  • Implementation of “enhanced standards of suitability and conduct” for federal employees
  • A “Schedule Career/Policy” executive order replacing the previous “Schedule F” concept to reclassify certain federal employees
  • Mass terminations of probationary federal employees, which were later challenged in court

This memorandum raises several significant concerns:

  1. By giving OPM the power to make final suitability determinations and direct removals, the memorandum centralizes personnel decisions that were previously more distributed among agencies.

  2. The term “suitability” remains undefined in the memorandum, potentially allowing for subjective interpretations. Previous administration communications emphasized “reliable, loyal, trustworthy” employees.

  3. The 5-day compliance requirement for agency heads to implement OPM’s removal instructions significantly accelerates the termination process.

  4. This appears to be part of a broader strategy to reduce the federal workforce, following the voluntary buyout program and probationary employee terminations.

The American Federation of Government Employees previously characterized similar initiatives as “purging the federal government of dedicated career federal employees” that would “cause chaos for the Americans who depend on a functioning federal government”.

This memorandum, combined with previous actions, suggests a systematic approach to restructuring the federal workforce with fewer procedural protections for career civil servants.

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.

© 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 ofManagement 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.

© 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 UnitedStates, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) The Director of OPM is authorized and directed to publish this memorandum in the_Federal Register_.

DONALD J. TRUMP