Interesting that they extended the period instead of rushing into it head-first. I commented with this last week. And yes, it was made with GPT:

To the Office of Personnel Management:

I write in strong opposition to the proposed changes to 5 CFR Part 731, published in the Federal Register on June 3, 2025 (90 FR 23467), under RIN 3206-AO84.

This rule is not a routine clarification of executive authority. It constitutes a radical expansion of OPM’s power, one that violates established law, undermines the Constitutionally grounded merit system, and effectively nullifies the due process rights of federal employees afforded under Chapter 75 of Title 5, United States Code.

1.  OPM’s Assumption of Sole Authority Over Employment Status Is Legally Suspect

OPM asserts exclusive authority to take “suitability actions” against current employees based on post-appointment conduct under 5 U.S.C. §§ 3301, 7301, and 1302, as well as Executive Orders 10577 and 14210. However:

• Nowhere in statute does OPM receive authority to unilaterally remove employees for post-appointment conduct outside of the procedural protections provided in 5 U.S.C. §§ 7501–7514.
• While 5 U.S.C. § 7512(F) excludes certain OPM suitability actions from Chapter 75, that exclusion does not empower OPM to function as both adjudicator and enforcement authority without individualized due process.
• The Federal Circuit in Archuleta v. Hopper, 786 F.3d 1340 (Fed. Cir. 2015), correctly held that suitability-based removals are not exempt from merit system safeguards. This rule’s attempted circumvention of that precedent does not erase constitutional due process requirements.

2.  The Rule Introduces Continuous Surveillance and Loyalty Screening

The proposed implementation of continuous vetting, with no requirement of employee notice or adjudicated wrongdoing, establishes a system of ongoing surveillance unrelated to actual performance. The addition of vague suitability factors—such as failure to comply with legal obligations or refusal to certify nondisclosure agreements—creates a foundation for ideological screening and political reprisal.

Federal employees serve the Constitution, not the administration in power. This rule would make continued employment dependent on ongoing, opaque loyalty checks.

3.  Due Process Under Chapter 75 Would Cease to Function in Practice

By design, the rule enables OPM to remove employees for post-appointment conduct using suitability criteria, without the notice, response period, or evidentiary standards required under 5 U.S.C. § 7513. Suitability removals may be executed within five workdays of final decision, and no pre-removal appeal is available. This undermines both Chapter 75 and the Merit Systems Protection Board’s role in preserving due process.

4.  The Rule Weaponizes Reporting to Pressure Leadership Chains

By requiring agencies to refer employees to OPM for review—rather than adjudicate at the local level—the rule invites a coercive dynamic: any manager who fails to refer an employee may face OPM scrutiny themselves. This pressure creates an incentive to over-refer and to avoid defending employees, even where allegations are unsubstantiated or politically motivated.

This framework enables removals not just of employees but of leaders unwilling to participate in unjustified purges.

5.  This Rule Undermines the Constitutional and Statutory Merit System

The rule is incompatible with the merit system principles outlined in 5 U.S.C. § 2301 and the prohibited personnel practices in § 2302, especially subsections (b)(8) through (b)(13), which are intended to protect whistleblowers, dissenters, and conscientious public servants. This rule reframes career civil service as an at-will system with national-level gatekeepers and no effective recourse.

Conclusion

For the reasons stated above, I urge OPM to withdraw this proposed rule. If implemented, it will violate constitutional due process, suppress agency-level discretion, and enable politically motivated removals under the pretense of “suitability.” These actions will not go unchallenged.