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The Office of Personnel Management (OPM) proposed amendments to the review processes for suitability actions. The purpose of the rule is to improve the efficiency, rigor and timeliness by which OPM and agencies address risk to the integrity and efficiency of the service.

Statement of Need:

This rule is needed to improve the efficiency, rigor, and timeliness by which OPM and agencies vet individuals for risk to the integrity and efficiency of the service.  The rule fosters greater process efficiency by eliminating appeals to the MSPB for suitability actions while bolstering the procedures by which an individual against whom a suitability action is being taken can appeal.  These changes are expected to reduce time and costs while promoting an impartial and effective suitability process that produces sound decisions.  This rule also brings the suitability appeals procedures into compliance with congressional intent, where suitability actions are excluded from standard Chapter 75 procedures, which include appeal rights to the MSPB.

Anticipated Costs and Benefits:

OPM anticipates one-time implementation costs of approximately $1 million for finalizing this rule as proposed.  The expected benefits of the proposed rule are to foster greater process efficiency by eliminating appeals to the MSPB for suitability actions while bolstering the procedures by which an individual against whom a suitability action is being taken can appeal that action and unfavorable suitability determination.  These changes are expected to reduce time and costs while promoting an impartial and effective suitability process that produces sound decisions and removes unsuitable individuals from the Federal service.