Data Collection Report
Executive Order 13839
Promoting Accountability and Streamlining Removal Procedures Consistent
with Merit System Principles
Executive Order (EO) 13839, signed by the President on May 25, 2018, requires executive agencies (as defined in
section 105 of title 5, U.S. Code, excluding the Government Accountability Office (agencies)) to further facilitate a
Federal supervisor’s ability to promote civil servant accountability while simultaneously recognizing each
employee’s procedural rights and protections. To ensure the complete collection of data, we are also collecting data
from military departments, as defined in section 102 of title 5, U.S. Code. To obtain comprehensive data for the
Federal workforce, this form collects information for Senior Executive Service (SES) members, Administrative Law
Judges (ALJs) as well as competitive service and excepted service (non-SES) employees. Please use the submit
button below to provide the completed form to OPM's Accountability and Workforce Relations office.
Fiscal Year: 2020
Executive Agency:
Point of Contact Name: Point of Contact Email:
Point of Contact Phone Number:
Q1: Does your agency have SES employees? [Please select the appropriate box]
YES NO If NO, please mark only the appropriate boxes below
Q2: Does your agency have ALJ employees? [Please select the appropriate box]
YES NO If NO, please mark only the appropriate boxes below
Q3: How many employees were serving in a probationary period or trial period or otherwise employed for a
specific term?
Non-SES SES ALJ
Q3a: Of this number, how many employees were removed?
Non-SES SES ALJ
Q4: How many employees were reprimanded in writing?
Non-SES SES ALJ
Q5: How many employees were afforded an opportunity period under 5 U.S.C. § 4302(c)(6)?
Non-SES
Q5a: Of this number, how many employees received an opportunity period greater than 30 days?
Non-SES
Q6: How many of the following adverse actions were taken against employees?
Removal under chapter 75 of title 5, United States Code:
Non-SES SES ALJ
Reduction in grade or equivalent under chapter 75 of title 5, United States Code:
Non-SES ALJ
Reduction in pay or equivalent under chapter 75 of title 5, United States Code:
Non-SES ALJ
Reduction in pay or equivalent under chapter 53 of title 5, United States Code, for disciplinary reasons:
SES
Suspension of 14 days or less under chapter 75 of title 5, United States Code:
Non-SES ALJ
Suspension of greater than 14 days under chapter 75 of title 5, United States Code:
Non-SES SES ALJ
Q7: How many agency decisions were issued on proposed removals taken under chapter 75 of title 5,
United States Code?
Non-SES SES
Q7a: Of this number, how many agency decisions were not issued within 15 business days of the
end of the employee's reply period?
Non-SES SES
Q8:
How many adverse personnel actions were taken for which employees received the 30-day advance written
notice requirement of chapter 75, or how many actions were taken under 5 CFR part 359 against SES members
which required the 30-day advance written notice?
1
1
While not specifically expressed by the Executive Order, this question is expanded to include actions taken beyond 5 U.S.C.
§ 7513(b)(1). Only those 5 CFR part 359 personnel actions with a 30-day advance written notice period should be reported.
Non-SES SES
Q8a:
Of this number, how many employees (or SES members) received written notice in excess of the 30 days?
Non-SES SES
Q9: How many agency settlement agreements were reached with employees arising out of adverse
personnel actions?
Non-SES SES ALJ
Q9a: Of this number, how many settlement agreements included the following key terms?
Last chance/abeyance agreement:
Non-SES SES ALJ
Payment of back pay:
Non-SES SES ALJ
Reassignment:
Non-SES SES ALJ
Retirement/Resignation:
Non-SES SES ALJ
Waiver of appeal rights:
Non-SES SES ALJ
Payment of attorney/legal fees:
Non-SES SES ALJ
Removal of inaccurate information or correction of an action taken illegally or in error:
Non-SES SES ALJ
Other key terms (as applicable):
Q10: In how many instances was litigation used to resolve matters pertaining to adverse actions taken against
employees?
Non-SES SES ALJ
Q10a: Of this number, how many cases were resolved as follows?
Appeal dismissed:
Non-SES SES ALJ
Action upheld:
Non-SES SES ALJ
Action mitigated:
Non-SES SES ALJ
Action reversed:
Non-SES SES ALJ
Settlement:
Non-SES SES ALJ
Other:
Non-SES SES ALJ
Note: If there are any discrepancies in the data above, please submit an explanation with your submission.
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