[Federal Register Volume 90, Number 241 (Thursday, December 18, 2025)]
[Proposed Rules]
[Pages 59072-59078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-23289]
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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. 90, No. 241 / Thursday, December 18, 2025 /
Proposed Rules
[[Page 59072]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 412
[Docket ID: OPM-2025-0014]
RIN 3206-AO89
Ensuring Consistent and Rigorous Standards for Senior Executive
Service Candidate Development Programs
AGENCY: Office of Personnel Management.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Office of Personnel Management (OPM) proposes to revise
its Senior Executive Service (SES) Candidate Development Program
(SESCDP) regulations to implement certain SES training and development
requirements. The SES represents the Federal Government's leadership,
composed of executive positions above the GS-15 level. SESCDPs serve as
a crucial succession management tool for Federal agencies, designed to
identify and prepare high-potential employees for future roles within
the SES. These programs aim to cultivate leaders equipped with a
government-wide perspective and the competencies necessary to tackle
complex challenges.
DATES: Comments must be received on or before February 17, 2026.
ADDRESSES: You may submit comments, identified by RIN number ``3206-
AO89'' and title, using the following method:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
All submissions must include the agency name and docket number or
RIN for this Federal Register document. Please arrange and identify
your comments about the regulatory text by subpart and section number.
If your comments relate to the supplementary information, please
reference the heading and page number in the supplementary section. All
comments must be received by the end of the comment period for them to
be considered. All comments and other submissions received generally
will be posted on the internet at https://regulations.gov 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 www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Nicole Wright, Deputy Associate
Director, Executive Services and Workforce Development, 202-606-8046 or
by email at [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Senior Executive Service (SES) is a corps of top-level Federal
executives who provide leadership and oversee government operations,
bridging the gap between political appointees and career civil
servants. The SES was established by the Civil Service Reform Act
(CSRA) of 1978 and became effective in July 1979. The CSRA envisioned a
senior executive corps with solid executive expertise, public service
values, and a broad perspective of the Government. The CSRA established
the SES as a distinct personnel system that applies the same executive
qualifications requirements to all members. The system was designed to
provide greater authority to agencies to manage their executive
resources, including the flexibility for selecting and developing
Federal executives within a framework that preserves the larger
corporate interests of the Government.
An SESCDP is a structured program designed to identify and prepare
individuals who aspire to become senior executive leaders, exhibit
readiness or near-readiness for executive-level responsibilities,
demonstrate leadership across organizational boundaries, and show
potential to manage complex, cross-agency initiatives. As a strategic
succession tool, SESCDPs serve to strengthen selected candidates'
leadership skills and characteristics based on current standards.
Participation provides governmentwide leadership opportunities to
interact with senior employees outside their department and/or agency,
interagency training experiences, executive-level development
assignments, mentoring, and coaching. Further, an SESCDP boosts
participants' executive competencies and expands their understanding of
governmentwide programs and issues beyond their individual agency and
profession, broadening participants' understanding of missions,
programs, core values, and management challenges.
Graduates of an OPM-approved SESCDP, who are selected through civil
service-wide competition and are certified by OPM's Qualifications
Review Board (QRB), may receive a career SES appointment without
further competition. The QRB certifies the executive qualifications of
candidates for initial career SES appointments. QRB members judge the
overall scope, quality, and depth of a candidate's executive
qualifications and experience within the context of the Executive Core
Qualifications. QRB certification does not guarantee placement in the
SES, and SESCDP participation is not required for selection into the
SES.
On October 30, 2004, the President signed the Federal Workforce
Flexibility Act of 2004 (Act), Public Law 108-411, into law. The Act
made several significant changes in the law governing the training and
development of Federal employees, supervisors, managers, and
executives. The first change required each agency to evaluate, on a
regular basis, its training programs and plans with respect to the
accomplishment of its specific performance plans and strategic goals,
and to modify its training plans and programs as needed to accomplish
the agency's performance plans and strategic goals.
The second major change the Act required was for agencies to
consult with OPM to establish comprehensive succession management
programs designed to provide training to employees to develop managers
for the agency. It also required agencies, in consultation with OPM, to
establish programs to provide training to managers regarding actions,
options, and strategies a manager may use in relating to employees with
unacceptable performance, mentoring employees, improving employee
performance and productivity, and conducting employee performance
appraisals.
On January 20, 2025, President Trump issued a Presidential
Memorandum
[[Page 59073]]
titled ``Restoring Accountability for Career Senior Executives.'' 90 FR
8481, January 30, 2025. With this Presidential Memorandum, President
Trump directed agencies to ``reinvigorate the SES system and prioritize
accountability'' to ensure proper accountability to both the President
and the American people. The Presidential Memorandum further directed
the Director of OPM, in coordination with the Director of the Office of
Management and Budget, to reassign agency SES members as needed to
ensure alignment between their knowledge, skills, abilities, and
mission assignments and the President's agenda.
To advance this directive, on May 29, 2025, OPM released the
memorandum, Hiring and Talent Development for the Senior Executive
Service,\1\ which provides policy, guidance, and timelines to agencies
on SES hiring and development, to include new SESCDP certification
requirements. The memorandum noted that ``these changes in hiring,
training, development and oversight will drive a cultural shift in the
SES.'' The memorandum further highlights that Federal agencies are
responsible for ensuring appropriate succession planning for executive
positions by building a pipeline of qualified candidates that are well-
prepared to serve as Federal executives, and that ``OPM is required to
establish programs for the systematic development of candidates for the
SES and/or assist agencies in the establishment of such programs which
meet OPM prescribed criteria.''
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\1\ OPM, ``Hiring and Talent Development for the Senior
Executive Service'' (May 29, 2025), available at https://www.chcoc.gov/content/hiring-and-talent-development-senior-executive-service.
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Through the introduction of more stringent SESCDP certification
requirements, OPM aims to enhance training and development for aspiring
SES and accelerate the placement of well-prepared leaders to ensure
leadership continuity. OPM has reviewed evaluation feedback from
agencies and graduates of SESCDPs over the years, which suggest some
adjustments can be made to enhance the experience for SESCDP
participants and aim for better outcomes. To accomplish this
transformation, OPM proposes to adjust the formal training content,
adopt a more streamlined program cohort duration, and utilize
developmental assignments of a longer minimum duration. In turn,
agencies will have a more appropriate timeframe to conduct an SESCDP
and allow for aspiring SES to learn in an environment that promotes
governmentwide cohesion and prepares them to deliver results as
accountable senior executives.
Proposed Changes in This Rulemaking
OPM has reviewed the supervisory, management and executive
development regulations governing the SESCDP and is issuing this
proposed rule in response to the President's directives and pursuant to
its regulatory authority in 5 U.S.C. 3396 (a) and (b). The following
are the principal results sought by the proposed changes to 5 CFR part
412:
[cir] Agencies have effective and cost-efficient SESCDPs that will
support agency succession planning and candidate development;
[cir] Agencies identify and select individuals that have
demonstrated executive ability and further develop them professionally
to step into the SES with the experiences to handle the challenges
presented at the highest caliber of public service;
[cir] Agencies maintain a minimum placement rate of program
graduates receiving OPM QRB certification as determined by OPM policy
to ensure a return on investment; and
[cir] Agencies are better equipped to collect SESCDP evaluation
data to identify and implement program enhancements or alternative
approaches to improve program administration.
To assist agencies in accomplishing these results, we are proposing
changes to 5 CFR part 412, subpart C ``Senior Executive Service
Candidate Development Programs.'' In addition to modifying Sec. Sec.
412.301 and 412.302, OPM also proposes to add a new Sec. 412.303 to
address SESCDP oversight and evaluation. The following are the major
proposed changes in part 412, subpart C:
Sec. 412.301
Section 412.301 provides the requirements for an agency to obtain
approval from OPM to conduct an SESCDP. OPM proposes to add a
requirement for each Department or Agency HQ-level seeking approval to
submit a blanket, enterprise-wide policy for itself and all
subcomponents. OPM also proposes to prescribe program policy parameters
and require agencies to use an OPM-provided program policy template
when applying for program and policy approval. The template submission
process streamlines program creation by standardizing most elements and
aligning all policies across agencies for uniformity. The proposal
would amend Sec. 412.301(b) to require a participating agency to
include in its policy a description of SESCDP program methodologies,
modifications, and improvements by using the OPM-developed SESCDP
policy template, as well as program evaluation templates. Further, the
proposal would also require agencies to obtain OPM re-approval for an
SESCDP on a triennial basis to ensure alignment and strategic linkage
with agency succession plans.
OPM has directed all agencies that currently operate SESCDPs to
ensure alignment with the new Administration policies. OPM also
directed that, no later than October 31, 2025, those agencies must
submit updated policies for OPM review and approval.\2\ Agencies must
submit all updated policies using the OPM-developed template but may
need to submit policy modifications if there are any changes in the
final rule. OPM policy approvals will occur within 30 days after the
final rule date, and agencies cannot begin new program cohorts until
their new policy has been approved by OPM.
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\2\ Id.
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Sec. 412.302
Section 412.302 provides the criteria for an SESCDP. Currently,
SESCDPs must be a minimum of 12 months and can run up to 24 months.
This length of time involves considerable expense and resources to
ostensibly turn ``almost ready'' talent into ``ready now'' talent. OPM
proposes to limit program cohort duration from a minimum of 9 months to
a maximum of 12 months. Additionally, to allow flexibility based on
extenuating circumstances, agencies may be granted by OPM an extension
of program cohort length up to 15 months for the affected
participant(s). This reduced duration serves as part of a re-envisioned
SESCDP to more effectively identify and prepare ``almost ready'' talent
and decrease the time needed for high-potential executive talent to
reach optimal performance.
Current SESCDPs must provide at least 80 hours of formal
interagency or multi-sector training experience. OPM proposes to
increase this to 100 hours of formal training which must include topics
identified by the agencies that best serve the development of their
participants and must also include topic areas specific to: strategic
planning, financial management, human resource management, government
efficiency, management and supervision, and accountability. Targeted
training in the above-specified areas will serve to improve leadership
skills such as decision-making, communicating, problem-solving, and
adaptability. The number of specific hours allocated to each of these
topics is at the discretion of the agencies.
[[Page 59074]]
OPM proposes that participants in an agency SESCDP must receive at
least two validated executive assessments (i.e., structured evaluation
tools that have been scientifically tested to ensure they reliably
measure specific competencies, behaviors, or traits relevant to
executive leadership). The first assessment must be conducted at
selection, and a second assessment must be conducted during the program
cohort. An agency would be required to consider the results of the
first assessment in its evaluation of which candidates are best suited
to participate in an SESCDP. Similarly, agencies would be required to
use the in-program assessment results to identify and adjust, as
needed, areas of continuing development for SESCDP participants while
they progress through their program cohort.
Finally, OPM proposes to require a minimum 10 hours each of
coaching and mentoring and to require at least one developmental
assignment of 120 continuous days outside the scope of the candidate's
position of record and require the assignments to include roles at the
executive level where the candidate is held responsible for achieving
organizational or agency results during the developmental assignment.
The purpose of the new developmental assignment provision is to enhance
and broaden the candidate's experience, increase his or her knowledge,
and maximize his or her understanding of the overall functioning of the
agency, so the candidate is prepared for a range of agency positions at
the SES level.
Sec. 412.303
OPM proposes to add a Program Evaluation requirement. Agencies
would be required to implement programmatic changes based on that
feedback. Each SESCDP would be required to obtain re-approval from OPM
based on demonstrated program effectiveness.
Expected Impact of This Rulemaking
A. Statement of Need
OPM is issuing this proposed rule pursuant to its authority to
issue regulations governing the development for and within the SES in 5
U.S.C. 3396. Succession planning, through the identification of high
performers, coupled with enhanced leadership preparation and
development, plays a critical part in agency mission success. Building
a pipeline of high performing GS-14s, 15s, and equivalents equipped
with the skills, knowledge, technical expertise, and strategic mindset
necessary to excel in senior leadership roles is crucial. Therefore, in
order to build and maintain this ``ready now'' pipeline, a reformed
SESCDP, focused and targeted, is needed and will contribute to
increased succession readiness, particularly through the strategic
placement of program graduates who receive OPM SES QRB certification.
These prescribed changes will also drive a shift in the culture of the
SES and implement more impactful SES training and development
requirements.
Inconsistencies among SESCDPs have yielded mixed results across
participating agencies. That variability has resulted in different
training and development experiences for SESCDP participants and leads
to some programs that are more effective than others in preparing their
leaders. This causes fluctuating levels of candidate placement rates
and creates challenges in supporting government-wide succession
planning efforts. Additionally, OPM and agencies lack visibility on
standardized government-wide program data. The absence of consistent
metrics prevents OPM and agencies from comparing results across
programs and assessing the impact and value to SESCDP participants and
the government.
B. Impact
SESCDPs are designed to strengthen executive core qualifications
(ECQ) competencies for selected high-performing aspiring executives
through a demanding learning and developmental experience. An SESCDP
provides candidates with governmentwide leadership challenges,
opportunities to interact with senior employees outside their assigned
department and/or agency, interagency training experiences, executive-
level development assignments, mentoring, and coaching.
This experience boosts participants' executive competencies and
expands their understanding of governmentwide programs and issues
beyond their individual agency of assignment and their profession,
broadening participants' understanding of missions, programs, core
values, and management challenges. Utilizing an SESCDP can support an
agency's talent management and succession planning efforts through
building an equipped pipeline of ``ready now'' aspiring leaders. This
allows senior agency leaders to make strategic and timely placements to
improve performance, accomplish agency mission, and effectively provide
services to the American public.
The proposed program changes will add a more unified structure to
the SESCDPs and ensure a more aligned cadre of graduates through this
succession management track. Templated program areas, from policy to
program evaluations, will allow for a more integrated comparison of
programs over time, allowing decision makers to further tailor the
programs to meet the needs of agencies governmentwide and fully aligned
with incumbent SES demonstrated leadership competencies. Ultimately, by
increasing program standards and training requirements, an SESCDP will
better equip program participants to excel in senior leadership roles
and effectively implement the President's agenda. This will not only
increase the President's confidence in the ability of the Executive
Branch to serve the Nation but also build trust with the American
people.
C. Costs
This proposed rule would affect the operations of the 13 Federal
agencies that currently have an OPM-approved SESCDP policy--ranging
from cabinet-level departments to small independent agencies. There are
also two other Federal agencies that previously informed OPM that they
would be submitting a SESCDP policy for approval. We estimate that this
rule would require individuals employed by these agencies to spend time
creating an updated SESCDP policy--whether updating their current
SESCDP policy or creating a policy to start a new SESCDP--to reflect
the updated program structure and administration. There would also be
potential cost savings for the two sub-level agencies that have
currently approved SESCDP policies as, moving forward, they would fall
under their top-level agency policy.
Typically, an agency's Executive Resources or Training and
Development staff handles tasks associated with overseeing the
management of SESCDP policies and programs. Therefore, for this cost
analysis, OPM assumes the average salary rate of Federal employees
performing this work will be the rate in 2025 for GS-14, step 5, in the
Washington, DC, locality pay table ($161,486 annual locality rate and
$77.38 hourly locality rate). Typically, there are two types of roles
who oversee the administration of an SESCDP--program managers and
program coordinators--and their combined time would average the
equivalent of one FTE at this grade level. We assume the total dollar
value of labor, which includes wages, benefits, and overhead, is equal
to 200 percent of the wage rate,
[[Page 59075]]
resulting in an assumed labor cost of $154.76 per hour.
To comply with the regulatory changes in the proposed rule,
affected agencies would need to review the rule and update their
policies and procedures. We estimate that, in the first year following
publication of a final rule, this would require an average of 100 hours
of work by employees with an average hourly cost of $154.76 per hour.
Accounting for the 11 agencies with current approved policies, and the
two agencies planning to submit for initial policy approval, this would
result in estimated costs of about $15,000 per agency, or about
$200,000 total. Further, because federal agencies are not required to
obtain an OPM-approved SESCDP policy, each additional agency that
decides to apply for a policy approval would equal an estimated cost of
$15,000 per agency. For the second and third years of having an
approved policy, agencies would see a cost savings of $15,000 each
year, as the 100 hours of work to review the rule and update policies
would not be required. However, following the third year, this cost
would be incurred again when the agency must submit a policy re-
approval.
When calculating other operational program costs per SESCDP
participant, OPM estimates the average number of participants per
program is about 25 participants per cohort. In addition, when
calculating program costs for the assessment of applicants, OPM
estimates that the assessments would be administered to those
applicants on the Best Qualified list, which we estimate to be 40
people per cohort.
These additional program costs would include the increase in formal
training hours, the addition of a second validated executive
assessment, and the addition of 10 coaching hours to develop a
candidate at the executive level. The current average cost of a formal
training hour per SESCDP participant is $150. By adding 20 more formal
training hours, the cost of this program element increases the cost per
participant by $3,000. The current average cost of administering one
validated executive assessment is $350 per assessment. Typically, these
assessments require the results to be interpreted to the participant by
a professional, adding additional cost. Adding a second assessment for
use during the program is an additional $350. Finally, the cost of
external coaching services can range anywhere from $200 to $3,000 per
hour. However, when identifying sources that provide the level of
professional expertise and coaching services needed to support SESCDP
participants, it was estimated to cost approximately $1,000 per hour.
However, to offset costs pertaining to coaching requirements,
agencies can utilize federal coaches (i.e., graduates of the Federal
Internal Coaching Training Program) certified in providing coaching
services and administering feedback on assessments used by the agency.
Of the 11 agencies currently holding policies, and the two agencies
that have expressed interest in obtaining an approved policy, eight
have formal programs that offer coaching to employees. If these
agencies utilize their certified internal coaches to provide this
service, the cost of adding the coaching requirement into the SESCDP
could be reduced by approximately $3 million each year across
government. Additionally, agencies that do not have coaching programs
can partner with OPM to identify and utilize federal coaches through
the Federal Coaching Network (FCN). The FCN is a community of
individuals across the federal government who are invested in the
practice of coaching and support its role in leadership development.
Furthermore, by leveraging a multi-agency OPM-approved SESCDP policy,
these agencies can partner with those that do have a formal coaching
program to combine and share resources. For agencies who are able to
leverage internal coaching services, it is estimated that the combined
costs for new training and development requirements would be
approximately $152,000 per agency. For agencies who must or choose to
leverage external coaching services, that cost would increase to
approximately $402,000 per agency.
It is also important to note that the recruitment and hiring costs
to onboard an SES can vary from agency to agency. OPM anticipates that
the SESCDPs under this revised framework will more reliably produce
high-caliber SES candidates that are ready to step into SES positions.
This proposed rule would require a minimum level of SESCDP graduate
placement rate of participants set by OPM as evaluation criteria,
reflecting the improved effectiveness of the OPM-approved SESCDPs. OPM
expects that this would allow agencies to realize cost savings, as they
could offset SES recruitment and hiring costs by increasing the amount
of SESCDP graduates placed in vacant executive positions.
OPM anticipates that total costs for agencies who are able to
leverage the internal savings mentioned above would be an estimated
$167,000 per agency, or $2.2M across all participating agencies. If all
participating agencies must, or choose, to leverage external
developmental services or resources, that cost would increase to
approximately $417,000 per agency, or $5.4M total.
D. Benefits
The standardization of program policies will save time for agencies
by reducing policy drafting and approval timelines. Decreasing the
program cohort duration allows for a more expedited timeline of
identifying near ready talent and preparing them fully to fill SES
vacancies. Common practice in program evaluation allows for measuring
the individual SESCDP participant input on program outcomes, and the
standardized feedback will allow for easier comparison from program to
program. Additionally, adding an organizational standard evaluation
feedback tool provides an opportunity for the impact to be measured
more easily for return on investment to the organization, as referenced
by Njah et al., which can aid in continued decisions about the impacts
that the program outcomes have on the organization.\3\
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\3\ Njah J., Hansoti B., Adeyami A., Bruce K., O'Malley G.,
Gugerty M.K., Chi B.H., Lubimbi N., Steen E., Stampfly S., Berman
E., Kimball A.M. Measuring for Success: Evaluating Leadership
Training Programs for Sustainable Impact. Ann Glob Health. 2021 Jul
12;87(1):63. doi: 10.5334/aogh.3221. PMID: 34307066; PMCID:
PMC8284530.
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Utilization of validated assessments during the recruitment process
would support agencies in identifying those candidates who are on the
cusp of becoming senior executives and that are best suited to
participate in an SESCDP. Further, use of an assessment--such as a 360-
degree assessment--during the course of the SESCDP will also provide
valuable feedback to candidates, especially when used as a part of the
coaching relationship. Because this kind of assessment provides
feedback from a variety of perceptions, coaches can utilize feedback,
``. . . to bring a measure of objectivity and structure to the coaching
engagement.'' \4\ The frequency of coaching sessions can be prescribed
using the common practice of meeting once per month as is typical with
a leadership or executive coach. Therefore, a nine-month SESCDP would
account for 9 hours of coaching and also allow for 1 hour focusing on
providing assessment feedback. This structure is supported by research
from DiGirolamo, who discusses the benefits of using coaching as a tool
in leadership
[[Page 59076]]
succession management and how ``[i]ndividualized attention in coaching
will bring a laser-sharp focus on unique strengths and growth
opportunities.''
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\4\ DiGirolamo, Joel. Coaching for Professional Development,
SHRM-SIOP Science of HR White Paper Series. Society for Human
Resource Management & Society for Industrial and Organizational
Psychology. 2015.
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E. Regulatory Alternatives
An alternative to this rulemaking is to not modify current
regulatory program requirements and instead issue further OPM guidance
encouraging agencies to be increasingly rigorous in their management of
their SESCDPs. OPM could recommend that agencies incorporate these
changes as promising or best practices, with the goal to increase
program oversight, participation, and performance. However, previous
attempts to achieve this result through recommendations and informal
guidance to agencies have not been successful and, instead, have
allowed agencies to continue to modify program methodologies, resulting
in varying program policies and results. According to feedback from
agencies with approved policies, program managers and coordinators have
consistently suggested that OPM standardize improved program
requirements so that their SESCDPs would be more aligned. Therefore,
solidifying the requirements through OPM-developed templates would
reduce the burden on agencies and would help produce consistent data
points for comparison to ensure quality implementation of SESCDPs
government wide. Additionally, this will help provide universal
datapoints to agency leadership to illustrate the effectiveness of an
agency's SESCDP, how it compares to other agency programs, and ensure
program accountability to produce measurable high-quality, timely, and
cost-effective results.
Request for Comments
OPM requests comments on the implementation and potential impacts
of this proposed rule. Such information will be useful for better
understanding the effect of this amendment on SESCDP. The type of
information in which OPM is interested includes, but is not limited to,
the following:
What research should OPM consider regarding the time
requirements allotted for training, mentoring, and coaching in addition
to what has been mentioned?
Should OPM prescribe a specific number of hours for each
of the proposed training topics listed in Sec. 412.302? Should the
number of hours be equally allocated to each topic, or should agencies
have the flexibility to ensure each topic is appropriately covered?
What is the benefit of expanding executive assessments on
the effectiveness of development programs?
What promising practices have similar executive
development programs in the private sector adopted? How have they
impacted talent management and succession planning efforts?
What additional executive development research should be
considered regarding proposed changes to these elements of the
regulation?
In the final rule, OPM may adopt changes from the proposed
requirements based on the information it receives in response to these
questions.
Regulatory Compliance
A. Regulatory Review
OPM has examined the impact of this rule as required by E.O.s 12866
and 13563, which direct agencies to assess all costs and benefits of
available regulatory alternatives and, if regulation is necessary, to
select regulatory approaches that maximize net benefits (including
potential economic, environmental, public, health, and safety effects,
distributive impacts, and equity). A regulatory impact analysis must be
prepared for rules that have an annual effect on the economy of $100
million or more or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities. This rulemaking does not reach that
threshold but has otherwise been designated a ``significant regulatory
action'' under section 3(f) of Executive Order 12866. This rule is not
expected to be an E.O. 14192 regulatory action because it imposes no
more than de minimis costs.
B. Regulatory Flexibility Act
The Director of OPM certifies that this rulemaking will not have a
significant economic impact on a substantial number of small entities
because it will apply only to Federal agencies and employees.
C. Federalism
This rulemaking will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this proposed rule does not have
sufficient federalism implications to warrant preparation of a
Federalism Assessment.
D. Civil Justice Reform
This rulemaking meets the applicable standards set forth in section
3(a) and (b)(2) of Executive Order 12988.
E. Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires that agencies assess anticipated costs and benefits before
issuing any rule that would impose spending costs on State, local, or
tribal governments in the aggregate, or on the private sector, in any 1
year of $100 million in 1995 dollars, updated annually for inflation.
That threshold is currently approximately $206 million. This rulemaking
will not result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, in excess of
the threshold. Thus, no written assessment of unfunded mandates is
required.
F. Paperwork Reduction Act
This regulatory action will not impose any reporting or
recordkeeping requirements under the Paperwork Reduction Act.
List of Subjects in 5 CFR Part 412
Education, Government employees.
Accordingly, for the reasons stated in the preamble, OPM proposes
to amend 5 CFR part 412 as follows:
PART 412--SUPERVISORY, MANAGEMENT, AND EXECUTIVE DEVELOPMENT
0
1. The authority citation for part 412 is revised to read as follows:
Authority: 5 U.S.C. 1103(c)(2)(C), 3396, 3397, and ch. 41.
Subpart C--Senior Executive Service Candidate Development Programs
0
2. Amend Sec. 412.301 by revising paragraphs (b), (c), and (d) to read
as follows:
Sec. 412.301 Obtaining approval to conduct a Senior Executive Service
candidate development program (SESCDP).
* * * * *
(b) An agency covered by 5 U.S.C., chapter 31, subchapter II, may
apply to OPM to conduct an SESCDP alone or on behalf of a group of
agencies. (In this subpart, the term ``agency'' refers to either a
single agency or a group of agencies acting in partnership under this
subpart.) Any agency developing an SESCDP must submit a single
overarching policy document to OPM
[[Page 59077]]
for formal approval before implementing the SESCDP. Agencies must use
the OPM-developed SESCDP policy template to describe program
methodologies.
(c) An agency must seek OPM re-approval (see Sec. 412.303) on a
triennial basis and must also consult OPM before implementing a change
substantially altering how the SESCDP complies with the requirements of
this regulation. OPM re-approval must be obtained before an agency
initiates a new SESCDP.
(d) An approved SESCDP policy will serve as an umbrella program
policy and establish enterprise-wide requirements for the entire
agency. An agency with an OPM-approved SESCDP policy may authorize a
major agency component or subcomponent employing senior executives to
conduct an SESCDP. The major agency component or subcomponent must
utilize and adhere to the approved agency policy when administering an
individual SESCDP cohort.
* * * * *
0
3. Amend Sec. 412.302 by revising paragraphs (a), (b), and (c) to read
as follows:
Sec. 412.302 Criteria for a Senior Executive Service candidate
development program (SESCDP).
(a) Executive Resources Board requirements. An agency's Executive
Resources Board (ERB) must oversee the SESCDP. The ERB ensures the
development program both complies with the requirements of paragraph
(c) of this section and includes substantive developmental experiences
that should equip a successful candidate to accomplish Federal
Government missions as a senior executive. The agency ERB must oversee
and be accountable for SESCDP recruitment, merit staffing, and
assessment. The agency ERB must ensure the program follows SES merit
staffing provisions in 5 CFR 317.501, subject to the condition
explained in Sec. 412.302(d)(1). The ERB also must oversee
development, evaluation, progress in the program, and graduation of
candidates, and submit for QRB review within 80 calendar-days of
graduation those candidates determined by the ERB to possess the
executive core qualifications. The ERB must also oversee the writing
and implementation of a removal policy for program candidates who do
not make adequate progress.
(b) Recruitment.
(1) Consistent with the merit system principles in 5 U.S.C.
2301(b)(1) and (2), agencies must ensure that recruitment for the
program is from all groups of qualified individuals within the civil
service, or all groups of qualified individuals whether or not within
the civil service.
(2) The number of expected SES vacancies must be considered as one
factor in determining the number of selected candidates, and agencies,
to the maximum extent possible, should ensure program participation
includes candidates from outside of the agency.
(3) Agencies must require each applicant to complete one validated
executive assessment during the program application process and each
SESCDP participant to complete at least one additional validated
executive assessment during the course of the SESCDP. Agencies must
consider the results of the assessment conducted during the application
process in identifying those candidates who are best suited to
participate in an SESCDP. Agencies must use the in-program assessment
results to identify and adjust, as needed, areas of continuing
development for each SESCDP participant while they progress through the
program cohort.
(c) Senior Executive Service candidate development program
requirements. An SESCDP program cohort must last a minimum of nine
months but must not exceed twelve months in duration. To graduate, a
candidate must accomplish the requirements of the program established
by his or her agency. An SESCDP must include each of the following
elements for each SESCDP participant:
(1) A documented development plan based upon a competency-based
needs determination and approved by the agency ERB. The candidate must
utilize the OPM-standardized Executive Development Plan (EDP) template,
which will:
(i) Address the executive core qualifications (ECQs);
(ii) Address Federal Government leadership challenges crucial to
the senior executive;
(iii) Provide increased knowledge and understanding of the overall
functioning of the agency, so the participant is prepared for a range
of positions and responsibilities;
(iv) Include interaction with senior employees outside the
candidate's department or agency to foster a broader perspective; and
(v) Address Governmentwide or multi-agency applicability in the
nature and scope of the training;
(2) A formal interagency and/or multi-sector training experience
lasting at least 100 hours that, at a minimum, addresses the topics of
strategic planning, financial management, human capital management,
human resource management, government efficiency, management and
supervision, and accountability. The number of specific hours allocated
to each training topic is at the discretion of the agency. The agency
may add additional agency-specific training topics as appropriate and
any additional topics prescribed through OPM guidance and policy. The
training experience must include interaction with senior employees
outside the candidate's department or agency.
(3) A developmental assignment of at least 120 continuous days of
full-time service to a position other than, and substantially different
from, the candidate's position of record. The assignment must include
executive-level responsibility and differ from the candidate's current
and past assignments in ways that broaden the candidate's experience,
as well as challenge the candidate with respect to leadership
competencies and the ECQs. Assignments need not be restricted to the
agency, the Executive Branch, or the Federal Government, so long as
they can be accomplished in compliance with applicable law and Federal
and agency-specific ethics regulations. The candidate is held
accountable for organizational or agency results achieved during the
assignment. If the assignment is in a non-Federal organization, the ERB
must provide for adequate documentation of the individual's actions and
accomplishments and must determine the assignment will contribute to
development of the candidate's executive qualifications.
(4) A mentor who is a member of the SES or is otherwise determined
by the ERB to have the knowledge and capacity to advise the candidate,
consistent with goals of the SESCDP. The mentor and the candidate are
jointly responsible for a productive mentoring relationship and are
required to meet for a minimum of 10 hours during the course of the
SESCDP. However, the agency should establish methods to assess these
relationships and, if necessary, facilitate them or make appropriate
changes in the interest of the candidate.
(5) A leadership or executive-level coach who is certified with an
accredited coaching organization and is determined by the ERB to have
the knowledge and capacity to advise the candidate, consistent with the
goals of the SESCDP. The coach and the candidate are jointly
responsible for a productive coaching relationship and are required to
meet for a minimum of 10 hours during the course of the SESCDP.
However, the agency must
[[Page 59078]]
establish methods to assess these relationships and, if necessary,
facilitate them or make appropriate changes in the interest of the
candidate.
* * * * *
0
5. Add Sec. 412.303 to read as follows:
Sec. 412.303 Senior Executive Service candidate development program
(SESCDP) oversight and evaluation.
(a) Agencies must complete and maintain program evaluations
pursuant to training evaluation requirements in 5 CFR 410.202 and must
use OPM-developed evaluation templates for completion, respectively, by
individual SESCDP participants and agency program managers:
(1) Upon completion of each individual SESCDP cohort;
(2) Annually for the overarching SESCDP; and
(3) To collect evaluation data for the purpose of identifying and
implementing program enhancements or alternative approaches to program
administration.
(b) To seek OPM re-approval of an SESCDP policy, an agency must
submit its current program policy and completed overarching program
evaluation template. Evaluations must include initial SES placement
rates for graduates who receive a QRB certification and demonstrate
that the agency maintains a minimum placement rate as required by OPM
policy and guidance. Individual participant program cohort evaluation
templates are not required for re-approval; however, OPM reserves the
right to request templates for each individual cohort during the
current approval period.
{December 16, 2025{time}
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.
Jerson Matias,
Federal Register Liaison.
[FR Doc. 2025-23289 Filed 12-17-25; 8:45 am]
BILLING CODE 6325-39-P