The Office of Personnel Management (OPM) published a proposed rule earlier this week that would make it easier to terminate federal employees for serious misconduct. A public comment period is open through July 3, 2025.

OPM is proposing changes to federal employee “vetting adjudicative processes for determining suitability and taking suitability actions.” The purpose of this rule is: “to improve the efficiency, rigor and timeliness by which OPM and agencies vet individuals for risk to the integrity and efficiency of the service, and to make clear that individuals who engage in serious misconduct while employed in federal service are subject to the same suitability procedures and actions as applicants for employment.”

The rule would modify “suitability and fitness” standards, expanding these standards typically governing job applicants to apply to current federal employees, as well.

The proposed rule’s statement of need states: “Permitting OPM to take suitability actions against employees for post-appointment conduct . . . Importantly, more streamlined removals by the agencies of such employees will reduce the risk to the efficiency and integrity of the service that is currently posed when employees found to be unsuitable remain in their positions longer than necessary because Chapter 75 processes take longer than the suitability action process. Moreover, offering agencies a more streamlined process to remove employees found unsuitable will encourage agencies and managers to act, rather than choosing not to act because the Chapter 75 process is perceived as too difficult. Surveys show that only two-fifths of federal supervisors believe they could remove an employee for serious misconduct. Allowing employees who engage in gross -- and at times criminal -- misconduct to remain in their positions undermines the integrity of the federal service.”

If finalized, under this rule agencies would be allowed to send cases of misconduct to OPM rather than the customary disciplinary process. OPM would then have five days to initiate a termination.

Suitability criteria discussed or introduced in the rule include the following:

• Failure to comply with generally applicable legal obligations, including timely filing of tax returns
• Failure to comply with any provision that would preclude regular federal service, including citizenship requirements
• Refusal to certify compliance with any applicable nondisclosure obligations
• Theft or misuse of government resources and equipment, or negligent loss of material government resources and equipment.
• Refusal to furnish testimony as required by 5 CFR 5.4.
• o This suitability factor was removed in 2024 due to infrequent use. OPM is proposing to restore it under this rule.

To view the proposed rule or submit a comment, click here.