July 3, 2025

Charles Ezell

Acting Director, U.S. Office of Personnel Management 1900 E Street, N.W.

Washington, DC 20415

Re: “Suitability and Fitness,” Proposed Rule, 90 Fed. Reg. 23467, Docket ID: OPM-2025-0007

Dear Acting Director Ezell:

We, the undersigned whistleblower organizations, submit the following comments in opposition to the Office of Personnel Management’s (OPM) proposed rule, “Suitability and Fitness.”

We oppose this proposed rule because it would:

• authorize the government to subvert longstanding civil service protections by taking suitability actions against career civil servants based on post-appointment conduct;
• consolidate authority to take suitability actions within OPM, enabling an administration to further politicize the civil service; and
• expand the criteria for negative suitability determinations, including in ways that escalate whistleblower retaliation and chill protected speech.

OPM estimates it would convert half of all Chapter 75 termination actions into suitability actions, stripping career employees of due process rights and preventing the Merit Systems Protection Board (MSPB) from overturning unlawful or unreasonable suitability actions. These unnecessary changes would fundamentally threaten the integrity of the professional civil service and the government’s ability to fairly and effectively serve the needs of the public.

OPM relies on sections 3301 and 7301 as authorizing this proposed rule. However, under 5 U.S.C. 3301, Congress...

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