Suitability Action Appeals

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Office of Personnel Management 5 CFR Part 731 [Docket ID: OPM-2025-0173] RIN 3206-AO97 ( printed page 49034) AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management (OPM) is issuing final regulations to revise how an applicant, appointee, or employee may appeal a suitability action taken under 5 CFR part 731 . OPM will replace the Merit Systems Protection Board (MSPB) as the adjudicative agency for such appeals. The change will streamline suitability action appeals procedures, thereby improving the efficiency, rigor, and timeliness by which OPM and agencies resolve challenges to suitability actions and ensure the integrity and efficiency of the service. DATES: Effective September 2, 2026. This rule does not apply to appeals filed with the MSPB before the effective date of this final rule. FOR FURTHER INFORMATION CONTACT: For questions, contact Joe Knouff, Suitability Executive Agent Programs, by email at SuitEA@opm.gov or by phone at (202) 599-0090. SUPPLEMENTARY INFORMATION: OPM is issuing this rule to improve the efficiency, rigor, and timeliness by which OPM and agencies resolve challenges to suitability actions and ensure the integrity and efficiency of the service. In February 2026, OPM proposed updates to 5 CFR part 731 to modernize suitability procedures that allow the Government to quickly resolve any risks discovered in the Federal workforce by returning the venue to hear suitability action appeals from the MSPB to OPM.…