United States Office of Personnel Management

The United States Office of Personnel Management (OPM) is an independent agency of the United States Federal Government that manages the US civilian service. The agency provides federal human resources policy, oversight and support, and tends to healthcare (FEHB) and life insurance (FEGLI) and retirement benefits (CSRS/FERS, but not TSP) for federal government employees, retirees and their dependents.[2]

United States Office of Personnel Management
Official seal
Agency overview
FormedJanuary 1, 1979 (1979-01-01)
Preceding agency
JurisdictionU.S. federal government
HeadquartersTheodore Roosevelt Federal Building
1900 E Street, NW
Washington, D.C., US
Employees5,539 (2017)[1]
Agency executive
  • Kathleen McGettigan, Acting Director
Websiteopm.gov

OPM is headed by a director, who is nominated by the President and confirmed by the Senate. Michael Rigas was appointed acting OPM director on March 18, 2020, succeeding Dale Cabaniss who resigned abruptly. On March 25, 2020, Rigas was concurrently appointed acting Deputy Director for Management at the Office of Management and Budget.[3] In November 2020, Kiran Ahuja was named a member of the Joe Biden presidential transition Agency Review Team to support transition efforts related to the OPM.[4] On the day of his Inauguration on January 20, 2021, President Joe Biden announced[5] that the chief management officer, Kathleen McGettigan, would be acting director.[6]

History

The United States Civil Service Commission was created by the Pendleton Civil Service Reform Act of 1883. The commission was renamed as the Merit Systems Protection Board (MSPB), and most of commission's former functions - with the exception of the Federal employees appellate function - were assigned to new agencies, with most being assigned to the newly created U.S. Office of Personnel Management (OPM) on January 1, 1979, following the passage of the Civil Service Reform Act of 1978 and Reorganization Plan No. 2 of 1978 (43 FR 36037, 92 Stat. 3783).[7]

In 1996 the investigation branch of the OPM was privatized, and USIS was formed.[8]

Function

According to its website, the mission of the OPM is "recruiting, retaining and honoring a world-class force to serve the American people."[9] The OPM is partially responsible for maintaining the appearance of independence and neutrality in the Administrative Law System. While technically employees of the agencies they work for, Administrative Law Judges (or ALJs) are hired exclusively by the OPM, effectively removing any discretionary employment procedures from the other agencies. The OPM uses a rigorous selection process which ranks the top three candidates for each ALJ vacancy, and then makes a selection from those candidates, generally giving preference to veterans.

The OPM is also responsible for a large part of the management of security clearances (National Background Investigations Bureau conducts these investigations) for the United States Government. With the exception of the Nuclear Regulatory Commission, which maintains its own system, separate programs for each executive department have gradually been merged into a single, Government-wide clearance system. The OPM is responsible for investigating individuals to give them Secret and Top Secret clearances.[10] SCI compartments, however, are still managed by the particular agency that uses that compartment.

OPM is also responsible for federal employee retirement applications for FERS and CSRS employees.[11] OPM makes decisions on federal employee regular[12] and disability retirement cases.[13] OPM also oversees FEHB and FEGLI, the health insurance and life insurance programs for Federal employees. However, it does not oversee TSP, which is handled by the Federal Retirement Thrift Investment Board (FRTIB), a separate independent agency.

Proposed merger with the General Services Administration

In June 2018, President Donald Trump proposed merging many of OPM‘s functions into the General Services Administration (GSA), as part of a larger initiative to restructure the executive branch.[14][15] The plan was submitted in May 2019 by Margaret Weichert, who was at the time Deputy Director for Management at the Office of Management and Budget as well as acting OPM Director, and would have placed federal personnel policy under the responsibility within the White House Office of Management and Budget, in a presidential appointee position not subject to Senate confirmation.[16][17]

The proposal was criticized in Congress and was expressly limited in the National Defense Authorization Act for Fiscal Year 2020, signed into law in December 2019, that barred any mergers by the President until the creation and submission of a report by the National Academy of Public Administration.[17][18][19][20][21] Despite the ban on implementation, OPM has transferred Chief Human Capital Officers Council staff to GSA and was accused on multiple occasions of trying to subvert the ban. In April 2020, lawmakers found that the administration continued to pursue efforts to transfer operations to GSA; and in August, a union representing OPM employees accused OPM of reorganizing employees to get around the ban. In October 2020, the merger proposal was formally abandoned.[17]

Revolving fund

OPM provides a range of human resources management services to other federal agencies on a reimbursable basis and the payments for those services are paid into OPM’s revolving fund. In the period 2002-2012, the dollar amount of the fund has tripled,[22] and totals $2 billion, equivalent to almost all (90 percent) the OPM budget.[23]

In July 2013, Rep. Blake Farenthold (R-Texas) introduced the Office of Personnel Management Inspector General Act.[24] The bill would increase oversight of the fund. Farenthold introduced the bill as a response to accusations of fraud and concerns about security clearance background investigations.[25] The bill would fund the expenses for investigations, oversight activities and audits from the revolving fund.[26] In February 2014, President Obama signed the bill into law.[27]

The fund's history goes back to the early 1980s, where it was used for two main activities: training and background investigations for government personnel.[28]

2015 data breach

In June 2015, the Office of Personnel Management announced that it had discovered in April 2015 that it had been hacked more than a year earlier in a data breach, resulting in the theft of approximately 4 million personnel records handled by the office.[29] The Washington Post has reported that the attack originated in China, citing unnamed government officials.[30] By July 9, 2015 the estimate of stolen records had increased to 21.5 million, including those of current government personnel and people who had undergone background checks.[31]

New updates regarding this security breach came to light on September 24, 2015. The agency then indicated that additional evidence showed that 5.6 million people's fingerprints were stolen as part of the hacks, more than five times the 1.1 million originally estimated. The total number of individuals whose records were disclosed in whole or part, including Social Security numbers and addresses, remained at 21.5 million.[32]

Directors of OPM

Source: OPM's Agency Leadership Through Time[33]

See also

References

  1. Annual Performance Report (2017). p. 7
  2. "Our Mission, Role & History – What We Do". Washington, D.C.: U.S. Office of Personnel Management. Retrieved January 24, 2018.
  3. OPM’s Rigas to take on second position as OMB acting deputy
  4. "Agency Review Teams". President-Elect Joe Biden. Retrieved November 10, 2020.
  5. Bur, Jessie (January 20, 2021). "McGettigan to once again take up temporary personnel leadership". Federal Times. Retrieved January 23, 2021.
  6. "Pres. Biden looks to puts a hold on any midnight regulations from the Trump administration". Federal News Network. January 21, 2021. Retrieved January 23, 2021.
  7. "Glossary of Terms". Retrieved January 5, 2016.
  8. Gayathri, Amrutha. "USIS That Vetted Snowden Under Investigation; Booz Allen Hamilton Overlooked Snowden Resume Discrepancies." International Business Times. June 21, 2013. Retrieved on July 1, 2013.
  9. "Biography of an Ideal". Retrieved January 5, 2016.
  10. "Audit of the Federal Investigations Servies' Case Review Process Over Background Investigations" (PDF). opm.gov. page 2. Retrieved June 6, 2014.CS1 maint: location (link)
  11. 7 MAR. "Retirement Info Center". Opm.gov. Retrieved June 19, 2019.
  12. "Pamphlet" (PDF). opm.gov. Retrieved June 18, 2019.
  13. berrylegal (December 11, 2016). "OPM Disability Retirement". Federal Employee Law Blog.
  14. "Trump reorganization plan may spell major changes for OPM". Federal News Network. June 19, 2018. Retrieved January 3, 2020.
  15. "Comprehensive Plan for Reorganizing the Executive Branch" (PDF). Federal Register. Washington, D.C.: National Archives and Records Administration. March 16, 2017.
  16. White House's OPM-GSA Merger Bill Gives an Unconfirmed Appointee Authority Over Personnel Rules
  17. OPM Quietly Abandons Proposed Merger with GSA
  18. "Congress Moves to Block OPM-GSA Merger". Government Executive. Retrieved January 3, 2020.
  19. "Congress to formally block OPM-GSA merger with defense authorization bill". Federal News Network. December 10, 2019. Retrieved January 3, 2020.
  20. "Remarks by President Trump at Signing Ceremony for S.1790, National Defense Authorization Act for Fiscal Year 2020". The White House. Retrieved January 3, 2020.
  21. "Text of S. 1790: National Defense Authorization Act for Fiscal Year 2020 (Passed Congress version) - GovTrack.us". GovTrack. December 19, 2019. Retrieved January 3, 2020.
  22. Fact Sheet: OPM Revolving Fund, Products and Services. Avue Technologies Corporation. 2013-09-24 (Retrieved 2014-02-17)
  23. Reilly, Sean. "OPM inspector general getting more money for revolving fund oversight”. Federal Times. 2014-02-13 (Retrieved 2014-02-17)
  24. "OPM IG Act (H.R. 2860)”. GovTrack.us. (2014) (Retrieved 2014-02-17)
  25. "OPM Inspector General Act signed into law”. Ripon Advance. 2014-02-17 (Retrieved 2014-02-17)
  26. "H.R.2860 OPM IG Act” The Week in Congress; Volume 10 Number 3. 2014-01-17 (Retrieved 2014-02-17)
  27. Carney, Jay (White House Press Secretary). "Statement by the Press Secretary on H.R. 2860, S. 1901”. The White House, Office of the Press Secretary. 2014-02-12 (Retrieved 2014-02-17)
  28. U.S. Government Accountability Office. "OPM's Revolving Fund Policy Should Be Clarified and Management Controls Strengthened”. GGD-84-23: Published: Oct 13, 1983. Publicly Released: Oct 13, 1983 (Retrieved 2014-02-17)
  29. "Millions of US government workers hit by data breach". BBC News. June 5, 2015. Retrieved June 5, 2015.
  30. Sanders, Sam (June 4, 2015). "Massive Data Breach Puts 4 Million Federal Employees' Records At Risk". NPR.
  31. Zengerle, Patricia; Cassella, Megan (July 9, 2015). "Estimate of Americans hit by government personnel data hack skyrockets". Reuters. Retrieved July 9, 2015.
  32. Peterson, Andrea (September 24, 2015). "OPM says 5.6 million fingerprints stolen in biggest cyber attack in US history. America doesn't have anything together this is why this happened". Independent. Retrieved September 24, 2015.
  33. "Agency Leadership". U.S. Office of Personnel Management. Retrieved January 5, 2016.
  34. "Our Mission: Constance Horner". opm.gov. Retrieved August 1, 2014.
  35. "James King". U.S. Office of Personnel Management.
  36. Rosenberg, Alyssa (August 1, 2008). "Bush taps new OPM director". National Journal. Retrieved April 4, 2009.
  37. "Linda M. Springer Sworn In as New OPM Director" (Press release). United States Office of Personnel Management. June 29, 2005. Retrieved April 4, 2009.
  38. "White House Names Acting Director of OPM" (Press release). United States Office of Personnel Management. January 23, 2009. Retrieved April 4, 2009.
  39. "OPM Director John Berry". United States Office of Personnel Management. Retrieved April 24, 2013.
  40. "Kathleen McGettigan". Washington, D.C.: U.S. Office of Personnel Management. Retrieved March 15, 2018.
  41. Yoder, Eric (October 5, 2018). "Trump replaces federal personnel director, in job only a few months, with OMB official". The Washington Post. Retrieved January 6, 2019.
  42. "OPM Welcomes Director Dale Cabaniss as the Agency's 12th Director". OPM.gov. OPM Office of Communications. September 16, 2019. Retrieved January 7, 2020.
  43. Lippman, Daniel (March 17, 2020). "OPM chief Dale Cabaniss abruptly resigns". Politico. Retrieved March 18, 2020.
  44. "Michael J. Rigas". U.S. Office of Personnel Management. Retrieved March 18, 2020.
  45. "Kathleen McGettigan". U.S. Office of Personnel Management. Retrieved January 23, 2021.
  46. Bur, Jessie (January 20, 2021). "McGettigan to once again take up temporary personnel leadership". Federal Times. Retrieved January 23, 2021.
  47. "Pres. Biden looks to puts a hold on any midnight regulations from the Trump administration". Federal News Network. January 21, 2021. Retrieved January 23, 2021.
  48. "Here's Who Is Leading Federal Agencies as Biden Nominees Await Confirmation". Government Executive. Retrieved January 23, 2021.
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