[Federal Register Volume 90, Number 133 (Tuesday, July 15, 2025)]
[Proposed Rules]
[Pages 31594-31595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13205]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 550
RIN 3206-AN83
Attorney Fees and Personnel Action Coverage Under the Back Pay
Act
AGENCY: Office of Personnel Management.
ACTION: Withdrawal of proposed rule.
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SUMMARY: The Office of Personnel Management is withdrawing a proposed
rule published on October 7, 2020. The notice of proposed rulemaking,
inter alia, proposed revising OPM's regulations governing the coverage
of, and attorney fee awards under, the Back Pay Act. OPM withdrew the
proposed rule on March 12, 2021, but issues this clarification
reiterating that the proposed rule is withdrawn.
DATES: As of July 15, 2025, OPM withdraws the proposed rule published
October 7, 2020 (85 FR 63218), which was withdrawn from the regulatory
agenda on March 12, 2021.
ADDRESSES: The docket for this withdrawn rule is available at https://www.regulations.gov/docket/OPM-2025-0041.
FOR FURTHER INFORMATION CONTACT: Carey Jones by email at
[email protected] or by telephone at 202-606-2858.
SUPPLEMENTARY INFORMATION: On October 7, 2020, the Office of Personnel
Management (OPM) published a notice of proposed rulemaking (NPRM or
proposed rule) titled ``Attorney Fees and Personnel Action Coverage
Under the Back Pay Act'' in the Federal Register (``2020 NPRM''). See
85 FR 63218. The 2020 NPRM proposed to revise OPM's regulations
governing the coverage of, and attorney fee awards under, the Back Pay
Act. The proposed regulations would have added a definition of
``employee's personal representative'' for purposes of the payment of
attorney fees. The rule also would have clarified the actions
qualifying for back pay, added a definition of ``personnel action,''
and revised the definition of ``unjustified or unwarranted personnel
action.''
In response to the 2020 NPRM, OPM received approximately 38
comments during the 30-day comment period which ended on November 6,
2020. Some commenters raised significant legal and policy concerns with
the proposal. The comments received raised a number of issues that
warrant further attention and suggest that OPM should further assess
the best regulatory approach.
On March 12, 2021, OPM withdrew its 2020 NPRM from its regulatory
agenda (see https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=3206-AN83) to pursue other agency
priorities. Nevertheless, in an abundance of caution, OPM hereby
clarifies that the 2020 NPRM is withdrawn. OPM continues to consider
the best means of addressing some or all of the issues addressed in the
2020 NPRM. OPM believes that it would benefit from seeking comments on
any new proposal that might account for the specific issues raised in
the comments received;
[[Page 31595]]
accordingly, OPM plans to issue a new proposal under a new RIN.
Jerson Matias,
Federal Register Liaison. Office of Personnel Management.
[FR Doc. 2025-13205 Filed 7-14-25; 8:45 am]
BILLING CODE 6325-39-P