Suitability Executive Agent

The final rule makes four primary changes. It updates and expands the suitability and fitness factors used to evaluate character and conduct. It formalizes OPM's authority to take suitability actions against employees based on post-appointment conduct. It more clearly delineates between agency authority and OPM-retained authority, including when agencies must refer matters to OPM and when they may refer matters to OPM. It incorporates the national training standards requirement for suitability adjudicators, moving that requirement from supplemental guidance into the regulation itself.

The rule takes effect 30 days after publication in the Federal Register. Agencies should not apply the updated factor language or submit post-appointment conduct referrals to OPM until the effective date. Post-appointment conduct occurring before the effective date but referred on or after the effective date may still be considered by OPM consistent with applicable law. 

Example scenario: An employee commits post‑appointment misconduct in May 2026, before the rule becomes effective. However, the agency completes its inquiry later and refers the case to OPM on August 5, 2026, after the new rule is in effect.

Under this provision:

• Even though the conduct occurred in May 2026 (before the effective date)
• OPM may still accept and adjudicate the case under the new post‑appointment conduct authority, because the referral date is after the rule’s effective date.

No. This rule applies only to character and conduct. In general, performance issues are not suitability matters and are not affected by this rule. Performance matters should continue to be addressed under existing performance management authorities.

No. Chapter 75 remains available. This rule provides an additional pathway — suitability action — for serious post-appointment conduct that falls within one or more of the suitability factors. Agencies retain discretion over which authority to use but must notify OPM when acting under Chapter 75 or Part 359 in cases involving post-appointment conduct that implicates the suitability factors.

• The number of suitability factors increased from nine to ten.
• Factor 1 now explicitly includes specific examples to include misuse of government resources and noncompliance with nondisclosure obligations.
• A new Factor 5 covers failure to meet financial or generally applicable civil legal obligations (e.g., not filing tax returns).
• Factor 10 consolidates the previous statutory bar and proposed citizenship factors into one.

Yes. All ten factors may be considered in assessing an individual's suitability or fitness regardless of whether they are an applicant, appointee, or employee. Previously, only a limited subset of factors could support OPM action against an employee, and only when the conduct was connected to the individual’s examination, application, or appointment. The final rule closes that gap.

No. The factor addresses deliberate noncompliance with significant financial and legal obligations — not financial hardship. Adjudicators must distinguish between an individual who has the means to comply but willfully does not, and an individual facing genuine hardship who is making good-faith efforts to address their obligations.

Circumstances beyond an individual's control are a relevant additional consideration and can mitigate a concern under this factor.

No. The factor is explicitly consistent with 5 U.S.C. 2302(b)(13), which protects whistleblower disclosures. Disclosures protected by law are not covered by this factor.

OPM now has formal, explicit authority to take suitability actions — including removal and governmentwide debarment — against employees based on conduct that occurs after they are hired.

No. The conduct must connect to one or more of the ten suitability factors, and the referral package must be complete and supported by evidence. Referrals must be supported by substantiated conduct — meaning the agency has confirmed through credible and verifiable evidence that the conduct occurred. A continuous vetting alert alone is not sufficient. Unverified allegations and anonymous complaints cannot be the basis for a referral.

No. Referrals of post-appointment employee conduct are discretionary. The agency head or designee decides whether the facts warrant referral. However, if the agency chooses to act under another authority such as Chapter 75 or Part 359 instead of referring, the agency will be required to notify OPM via an Agency Action Notification Form that will be forthcoming.

OPM's authority continues after separation. If a case has been referred and an employee resigns, retires, or transfers, OPM may complete the adjudication and impose a governmentwide debarment if jurisdiction remains. Agencies receiving that individual should not apply reciprocity to a prior favorable determination while an OPM review remains pending.

No. Conduct that was previously known by an agency at the time it made a favorable suitability determination may not be used as the sole basis for a subsequent post-appointment conduct suitability action. New or additional conduct is required.

A referral must be complete, well-organized, substantiated, curated, credible and supported by the evidence the agency relied upon. OPM is issuing referral guidance on our website on what makes a referral proper and sufficient, laying out the required documents along with other resources to help ensure the referral package is complete.

Yes. Agencies are encouraged to contact SuitEA before submitting when the situation is complex, unclear, or atypical. A consultation does not require a formal referral package. Early coordination helps ensure referrals are complete and appropriate when submitted. Contact the SuitEA helpline at (202) 599-0090.

The final rule requires that all persons responsible for suitability screening, reviewing, or making determinations be trained in accordance with national training standards for suitability adjudicators. This requirement was previously in supplemental guidance — it is now in the regulation itself.

SuitEA is offering two training opportunities. Supplemental training is available for trained adjudicators and reviewing officials who have already completed the suitability fundamentals course or otherwise meet the national training standards. This training focuses on the regulatory updates and how to apply them in practice. A new course is also available for Human Resources personnel who now play a more active role in identifying whether conduct warrants referral to OPM and in coordinating internally before action is taken