Executive Order 13839, Promoting Accountability and Streamlining Removal Procedures Consistent with Merit System Principles - Data Collection Requirement for Fiscal Years 2019 and 2020

Monday, November 2, 2020 MEMORANDUM FOR: HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES FROM: MICHAEL J. RIGAS, ACTING DIRECTOR Subject: Executive Order 13839, Promoting Accountability and Streamlining Removal Procedures Consistent with Merit System Principles – Data Collection Requirement for Fiscal Years 2019 and 2020

Note: The guidance within the memorandum below has been rescinded by Executive Order; please refer to OPM’s March 5, 2021 memorandum: https://www.chcoc.gov/content/guidanceimplementation-executive-order-14003-protecting-federal-workforce 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 foster the goals of the EO, the U.S. Office of Personnel Management (OPM) is also including military departments as defined in section 102 of title 5, U.S. Code. Section 6 of the EO outlines certain types of data for agencies to collect and report to OPM every fiscal year. This memorandum serves as a reminder to agencies of the data reporting requirement for Fiscal Years (FYs) 2019 and 2020. Agencies will submit two reports. The FY2019 report will cover October 1, 2018 through September 30, 2019 and the FY2020 report will cover October 1, 2019 through September 30, 2020. The reports are due to OPM no later than February 12, 2021. Agencies are encouraged to submit the FY2019 report as soon as practicable given that FY2019 ended on September 30, 2019. Some information may need to be gathered manually because of the type of data required. The data requirement includes competitive service and excepted service employees, as well as members of the Senior Executive Service and Administrative Law Judges, as applicable. Agencies are reminded to assemble information as soon as possible to permit timely submission of reports. One consolidated report for each fiscal year is required from each department or agency head rather than submissions from individual components. The FY2019 and FY2020 reports must be provided electronically to OPM via email at employeeaccountability@opm.gov using the attached fillable data collection forms. When assembling and submitting data in accordance with this reporting requirement, agencies must follow all applicable laws, including those that control privacy and data security.

2 Agency headquarters-level human resources offices may contact OPM’s Accountability and Workforce Relations office at employeeaccountability@opm.gov or (202) 606-2930 with questions related to the submission process. Attachments: Executive Order 13839 FY2019 Data Collection Form 5024 (Rev. October 2020) FY2020 Data Collection Form 5024 (Rev. October 2020) cc: Chief Human Capital Officers (CHCOs), Deputy CHCOs, and Human Resources Directors