Dems say OPM backed down in policy scuffle

by Joe Uchill - 06/23/17 12:52 PM ET

The Office of Personnel Management (OPM) appears to have backed down in its spat with a trio of Democratic representatives over who can request information from the agency.

The clash stemmed from an OPM official refusing to answer a May 1 request for information from the three Democrats, citing a new policy of not answering such requests from anyone but committee and subcommittee chairs. After a back and forth, the Democrats say OPM finally sent an answer to the information request on June 14.

Reps. Josh Gottheimer (N.J.), Kathleen Rice (N.Y.) and Derrick Kilmer (Wash.), all members of the moderate New Democrats Coalition, initially requested OPM explain why most cybersecurity posts asked for applicants to have a four-year degree — noting that allowing industry certifications in lieu of four-year degrees would allow for a greater hiring pool.

According to the New Democrats, OPM Acting Director of Congressional, Legislative & Intergovernmental Affairs Janel Fitzhugh informed Rice’s office on May 9 about the new policy. Rice’s office allegedly asked for the policy in writing on two different occasions, by email and over the phone, but was never provided it.

Democrats object to this kind of policy because it makes it impossible for the minority party to ask for information.

According to a report in Politico on June 2, the White House has been instructing agencies to stonewall Democratic requests for information to slow information-based attacks on President Trump. The administration backed the policy of only responding oversight requests from committee and subcommittee chairs.

Several days later, on June 5, Rice and Kilmer cosigned a letter asking for written policies on requesting information. OPM responded with a letter addressing the initial query and very briefly touching on the decision not to reply at the start.

Most of the two-page letter explains that the OPM tries to create a flexible environment for agencies to set their own standards and that OPM’s own suggested standards would allow many of these positions to be filled by someone without a four-year education.

“Agencies are expected to review each position to determine the unique technical requirements, critical responsibilities of the position, associated skills or competencies required for successful performance, and other requirements for success on the job. This approach allows agencies to capture current, emerging needs each time a job is filled,” reads the letter.

But the letter explains in a short, second-to-last paragraph that OPM’s decisions to grant or deny answers to questions is discretionary, and handled case by case.

“In response to your letter dated June 5, 2017, we note that OPM responds to letters from individual members on a case-by-case basis. This represents a practice followed for many years, regardless of which party is in the majority,” it reads.

Updated: 4:05 p.m.

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