U.S. Office of Personnel Management

Statement of Regulatory and Deregulatory Priorities

Fall 2018 Unified Agenda

OPM works in several broad categories to recruit, retain and honor a world-class workforce for the American people.

  • We manage Federal job announcement postings at USAJOBS.gov, and set policy on governmentwide hiring procedures.

  • We conduct background investigations for prospective employees and security clearances across government, with hundreds of thousands of cases each year.

  • We uphold and defend the merit systems in Federal civil service, making sure that the Federal workforce uses fair practices in all aspects of personnel management.

  • We manage pension benefits for retired Federal employees and their families. We also administer health and other insurance programs for Federal employees and retirees.

  • We provide training and development programs and other management tools for Federal employees and agencies.

  • In many cases, we take the lead in developing, testing and implementing new Governmentwide policies that relate to personnel issues.

    Altogether, we work to make the Federal Government America's model employer for the 21st century.

    OPM's Regulatory Philosophy and Principles

    Executive Order 13777, "Enforcing the Regulatory Reform Agenda" (February 24, 2017), required OPM to appoint a Regulatory Reform Officer to oversee the implementation of regulatory reform initiatives and policies and establish a Regulatory Reform Task Force (Task Force) to review and evaluate existing regulations and make recommendations to the agency head regarding their repeal, replacement, or modification, consistent with applicable law.

    These reform initiatives and policies include Executive Order 13771, "Reducing Regulation and Controlling Regulatory Costs" (January 30, 2017), section 6 of Executive Order 13563, "Improving Regulation and Regulatory Review" (January 18, 2011), and Executive Order 12866.

    In relation to Executive Order 13771, many of OPM's agenda items are either exempt under section 4(b) of the order, or deregulatory. OPM published the following deregulatory item in fiscal year 2018.

  • Federal Employees Health Benefits Program Flexibilities--This final rule added additional flexibility to the Federal Employees Health Benefits (FEHB) Program so that all carriers will be able to offer three plan options, one of which may be a High Deductible plan option. Employee Organization and Comprehensive Medical plans already have this flexibility. In the past not all carriers could offer more than two options. This change will level the playing field in terms of options offered to Federal employees, annuitants, and their eligible family members. This action was necessary to promote a competitive environment where carriers have an incentive to offer higher quality benefits at affordable prices and broader provider networks. This regulation fully aligns with the Administration's goal of promoting affordable health plan choices.

    The agenda includes one rule that promotes open government and uses disclosure as a regulatory tool.

  • Freedom of Information Act (FOIA) Regulations--This proposed rule seeks to remove obsolete sections of OPM's FOIA regulations and incorporate all FOIA amendments, inclusive of the FOIA Improvement Act of 2016.

    OPM also has a number of regulatory items that focus on Administration priorities and Executive Orders. These include:

  • Administrative Law Judges - The U.S. Office of Personnel Management (OPM) is issuing interim regulations governing the appointment and employment of Administrative Law Judges (ALJ). This rule will implement changes to the appointment and employment of ALJs as required by Executive Order 13843.

  • Direct-Hire Authority for Agency Chief Information Officers-This proposed rule revises OPM direct-hire authority (DHA) regulations for the implementation of Executive Order (EO) 13833 titled, "Enhancing the Effectiveness of Agency Chief Information Officers," which requires OPM to issue proposed regulations necessary to grant DHA for information technology (IT) positions under certain conditions.

    A fully searchable e-Agenda is available for viewing in its entirety at www.reginfo.gov. Agenda information is also available at www.regulations.gov, the government-wide website for submission of comments on proposed regulations. Our fall 2018 agenda follows.

    FOR FURTHER INFORMATION CONTACT: Alexys Stanley, (202) 606-1183 or alexys.stanley@opm.gov.