Proposed Rule2026-18943
Promoting Employee Accountability
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 15, 2026
Effective
July 2, 2026
Issuing agencies
Personnel Management Office
Abstract
OPM is reopening the public comment period for additional comments on OPM data and a new report published by a nongovernmental organization. OPM is releasing current data that is relevant to the proposed rule published on July 2, 2026, entitled "Promoting Employee Accountability." OPM is also interested in receiving public comment on a report published by We the Doers published on August 27, 2026. Accordingly, OPM is reopening the rulemaking for public comment specifically with respect to the proposed rule as informed by the newly released data and the report. The comment period for the proposed rule closed August 3, 2026; it is now reopened for two weeks.
Full Text
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<title>Federal Register, Volume 91 Issue 177 (Tuesday, September 15, 2026)</title>
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[Federal Register Volume 91, Number 177 (Tuesday, September 15, 2026)]
[Proposed Rules]
[Pages 58387-58388]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18943]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 91, No. 177 / Tuesday, September 15, 2026 /
Proposed Rules
[[Page 58387]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 412, 432, 715, and 752
[Docket ID: 2025-OPM-0012]
RIN: 3206-AO91
Promoting Employee Accountability
AGENCY: Office of Personnel Management.
ACTION: Proposed rulemaking; reopening public comment period.
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SUMMARY: OPM is reopening the public comment period for additional
comments on OPM data and a new report published by a nongovernmental
organization. OPM is releasing current data that is relevant to the
proposed rule published on July 2, 2026, entitled ``Promoting Employee
Accountability.'' OPM is also interested in receiving public comment on
a report published by We the Doers published on August 27, 2026.
Accordingly, OPM is reopening the rulemaking for public comment
specifically with respect to the proposed rule as informed by the newly
released data and the report. The comment period for the proposed rule
closed August 3, 2026; it is now reopened for two weeks.
DATES: The comment period for the proposed rule published on July 2,
2026 (91 FR 40444) is reopened. Comments must be received on or before
September 29, 2026.
ADDRESSES:
You may submit comments for this proposed rulemaking through the
Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for submitting comments.
Instructions: OPM will only consider comments and material received
during the reopened comment period that address the data published in
the supplementary information. All comments will be docketed in the OPM
docket for this rulemaking. All comments must be received by the end of
reopened comment period for them to be considered by OPM and MSPB. All
comments and other submissions received generally will be posted on the
internet at <a href="https://regulations.gov">https://regulations.gov</a> as they are received, without
change, including any personal information provided. However, OPM
retains discretion to redact personal or sensitive information,
including but not limited to, personal or sensitive information
pertaining to third parties.
As required by 5 U.S.C. 553(b)(4), a summary of this rule may be
found in the docket for this rulemaking at <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Aaron Gottesman, Senior Advisor to the
Director, by email at <a href="/cdn-cgi/l/email-protection#c7a2aab7aba8bea2a2a6a4a4a8b2a9b3a6a5aeabaeb3be87a8b7aae9a0a8b1"><span class="__cf_email__" data-cfemail="ff9a928f9390869a9a9e9c9c908a918b9e9d9693968b86bf908f92d1989089">[email protected]</span></a> or by phone at
(202) 606-2930.
SUPPLEMENTARY INFORMATION: On July 2, 2026, the Office of Personnel
Management (OPM) and Merit Systems Protection Board (MSPB) published a
joint proposed rule governing performance-based reduction in grade and
removal actions, non-disciplinary separations, and adverse actions,
along with the MSPB's review of those actions, and proposing improved
and additional training to supervisors.
In this notice, OPM is announcing the availability of the most
current, relevant data on the types of adverse and performance-based
actions addressed by the proposed rule amending 5 CFR parts 412, 432,
and 752. Neither OPM nor MSPB referred to this data to support proposed
changes to 5 CFR parts 715 and 1201. The data shows that despite
President Trump's significant changes to how Federal agencies address
poor performance and misconduct, the Federal Government has not seen
significant increases in performance-based and adverse actions in
Fiscal Year 2026. Namely, the number and types of actions taken in
Fiscal Year 2026 appear to be consistent with Fiscal Year 2025 levels.
While there are undoubtedly a variety of factors that may have an
impact on these actions in Fiscal Year 2026 (e.g., resignations under
the deferred resignation program, reductions in force, retirements,
voluntary separations), there is no doubt that Presidential policy
shifted workplace culture across Government towards one that recognizes
high performance and greater accountability. OPM views this data as
support for making structural changes necessary to appropriately
incentivize supervisors to take necessary action to address poor
performance and misconduct.
Separations and Terminations Data
OPM is providing data from its Enterprise Human Resources
Integration (EHRI) \1\ on separations and terminations taken under
regulations impacted by the proposed rule. Specifically, OPM gathered
data reported by Federal agencies documenting separation and
termination actions taken under 5 CFR part 432 and subparts A, B, D,
and F of part 752, between Fiscal Years (FYs) 2019-2025 and includes
data from FY 2026 through June 2026.
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\1\ More information about EHRI is available on OPM's website:
<a href="https://www.opm.gov/policy-data-oversight/data-analysis-documentation/enterprise-human-resources-integration/">https://www.opm.gov/policy-data-oversight/data-analysis-documentation/enterprise-human-resources-integration/</a>.
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OPM only analyzed agency actions documented in accordance with
Chapter 31 of the Guide to Processing Personnel Actions (GPPA).\2\
Agency actions are coded with specific Nature of Action Codes (NOACs)
and Legal Authority Codes (LACs) on Standard Forms 50 and 52, as
instructed by Chapters 1, 3, and 4 of the GPPA,\3\ and stored in
employees' Official Personnel Folder. The specific personnel actions
covered by the proposed rule are described in detail under Chapter 31.
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\2\ <a href="https://www.opm.gov/policy-data-oversight/data-analysis-documentation/personnel-documentation/#url=Personnel-Actions">https://www.opm.gov/policy-data-oversight/data-analysis-documentation/personnel-documentation/#url=Personnel-Actions</a>.
\3\ Id.
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Relevant to OPM's analysis discussed in the proposed rulemaking are
those actions coded by the following NOACs and LACs \4\ with agency-
reported data:
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\4\ Chapter 31 of the Guide to Processing Personnel Actions
defines the NOACs and LACs. <a href="https://www.opm.gov/policy-data-oversight/data-analysis-documentation/personnel-documentation/processing-personnel-actions/guide_to_processing_personnel_actions.pdf#Chapter_31">https://www.opm.gov/policy-data-oversight/data-analysis-documentation/personnel-documentation/processing-personnel-actions/guide_to_processing_personnel_actions.pdf#Chapter_31</a>.
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<bullet> NOAC 330 with the following LACs: LTM, LUM, QGM, V5J, V6J,
V9A, VAJ, and VWP.
<bullet> NOAC 357 with the following LACs: A3M and VAA.
OPM also included as part of its analysis personnel actions coded
using NOAC 330 with LAC ZLM. OPM acknowledges that agency-reported
actions using the combination of this NOAC and LAC may or may not fall
within the scope of the proposed rule. Thus, OPM is providing a chart
(see below) that reports data for those actions coded with NOAC 330 and
LAC ZLMseparate from the other NOACs and
[[Page 58388]]
LACs identified to provide the public with an opportunity to view and
analyze the data with or without this data.
The data provided covers all Federal civilian workforce data
reported by Executive branch agencies with the exception of the
following: U.S. Postal Service, Postal Rate Commission, Central
Intelligence Agency, National Security Agency, Defense Intelligence
Agency, National Geospatial-Intelligence Agency, Office of the Director
of National Intelligence, White House Office, Official Residence of the
Vice President, Office of the Vice President, Census Bureau temporary
workers, Foreign service personnel at the Department of State,
Tennessee Valley Authority, Federal Reserve--Board of Governors (the
Consumer Financial Protection Bureau is included in EHRI as an agency
subelement of the Federal Reserve), Public Health Service Commissioned
Officer Corps, Non-appropriated fund employees, Foreign nationals
overseas, Executive Residence, and President's Intelligence Advisory
Board.
Separations and Terminations
[FY 2019-2026]
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Grand
FY19 FY20 FY21 FY22 FY23 FY24 FY25 FY26 * total
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NOAC 330.................................... 2,838 2,577 2,434 2,842 3,008 3,119 4,154 3,571 24,543
LTM......................................... 2 22 7 9 9 4 3 1 57
LUM......................................... 0 4 4 0 4 5 1 7 25
QGM......................................... 182 195 226 208 164 228 261 249 1,713
V5J......................................... 27 16 11 28 15 17 16 18 148
V6J......................................... 1,714 1,455 1,327 1,680 1,766 1,880 2,533 2,245 14,600
V9A......................................... 24 21 16 12 7 6 36 40 162
VAJ......................................... 223 218 265 325 321 282 299 243 2,176
VWP......................................... 275 255 242 254 293 304 337 301 2,261
ZLM......................................... 391 391 336 326 429 393 668 467 3,401
NOAC 357.................................... 4 3 0 1 7 6 6 1 28
A3M......................................... 4 1 0 1 4 5 4 1 20
VAA......................................... 0 2 0 0 3 1 2 0 8
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Total (no ZLM).......................... 2,451 2,189 2,098 2,517 2,586 2,732 3,492 3,105 21,170
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Total (with ZLM)........................ 2,842 2,580 2,434 2,843 3,015 3,125 4,160 3,572 24,571
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* Data through June 2026.
We the Doers
On August 27, 2026, the organization We the Doers published the
report, ``Fast but Fair Federal Firing: Balancing Speed and Due Process
when Removing Employees for Cause.'' \5\ The report highlights some of
the flaws in holding Federal employees accountable for poor performance
and misconduct. For one, the report finds that supervisors and managers
are incentivized to leave poor performers on the job.\6\ As OPM
explained in the proposed rule, this is the type of flaw it is seeking
to correct by reducing the burdens placed on supervisors in holding
employees accountable. Because this report was published after the
close of the public comment period, OPM is reopening the comment period
to allow the public to submit comments on the rulemaking as informed by
this report.
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\5\ <a href="https://wethedoers.org/wp-content/uploads/2026/08/Fast_but_Fair_Federal_Firing_08272026.pdf">https://wethedoers.org/wp-content/uploads/2026/08/Fast_but_Fair_Federal_Firing_08272026.pdf</a>.
\6\ Id. at 6.
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Comments
To provide time for interested parties to consider and comment on
this data, OPM reopens the comment period from September 15, 2026 to
September 29, 2026. OPM will only consider comments and material
received during the reopened comment period that address the data
published in the supplementary information. OPM will not consider late-
filed comments.
Signing Statement
The Director of OPM, Scott Kupor, reviewed and approved this
document and has authorized the undersigned to electronically sign and
submit this document to the Office of the Federal Register for
publication.
Office of Personnel Management.
Alexys Stanley,
Federal Register Liaison.
[FR Doc. 2026-18943 Filed 9-14-26; 8:45 am]
BILLING CODE 6325-39-P
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