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OPM RIN: 3206-AO81 Publication ID: Spring 2025 
Title: ●Assuring Responsive and Accountable Federal Executive Management 
Abstract:

The Office of Personnel Management (OPM) plans to finalize its rulemaking to assure responsive and accountable Federal executive management. OPM proposed to remove the prohibition of a forced distribution of performance rating levels within the Senior Executive Service (SES) and to eliminate diversity, equity, and inclusion (DEI) language within SES performance management regulations.  Currently, agencies are prohibited from establishing quotas or limits on the number or proportion of the various rating levels assigned, meaning that each senior executive potentially can potentially receive any rating based on their performance, irrespective of how other senior executives perform within the agency.  However, governmentwide SES ratings data have consistently shown that virtually all SES receive the highest rating levels (i.e., levels 4 and 5) despite documented reports of SES failings.  Removing the prohibition on forced distribution would allow agencies to establish and enforce limits on the highest SES rating levels, thereby increasing rigor in the SES appraisal process and leading to a more normalized distribution of SES ratings across the Federal Government.

 
Agency: Office of Personnel Management(OPM)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Other 
CFR Citation: 5 CFR Part 430     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 5 U.S.C. chapter 43    5 U.S.C. 5307(d)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  05/02/2025  90 FR 18820   
NPRM Comment Period End  06/02/2025 
Final Action  11/00/2025 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Noah Peters
Senior Advisor
Office of Personnel Management
1900 E Street NW,
Washington, DC 20415
Phone:202 606-2930
Email: employeeaccountability@opm.gov