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B-332435 1 (2020-08-26)

handle is hein.gao/gaobaebrd0001 and id is 1 raw text is: GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-332435 August 26, 2020 The Honorable Ron Johnson Chairman The Honorable Gary Peters Ranking Member Committee on Homeland Security and Governmental Affairs United States Senate The Honorable Carolyn B. Maloney Chairwoman The Honorable James Comer Ranking Member Committee on Oversight and Reform House of Representatives Subject: Office of Personnel Management: Paid Parental Leave Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Office of Personnel Management (OPM) entitled Paid Parental Leave (RIN: 3206-AN96). We received the rule on August 12, 2020. It was published in the Federal Register as an interim final rule on August 10, 2020. 85 Fed. Reg. 48075. The stated effective date of the rule is October 1, 2020. This interim final rule implements the Federal Employee Paid Leave Act (FEPLA). Pub. L. No. 116-92, div. F, title XXVI, subtitle A, 133 Stat. 1198, 2304 (Dec. 20, 2019). According to OPM, FEPLA provides 12 weeks of paid parental leave to certain federal employees in connection with the birth of an employee's son or daughter, or placement of a son or daughter with an employee for adoption or foster care. In order to implement FEPLA, OPM states this rule adds a new subpart and makes other changes to the Code of Federal Regulations. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date can be waived, however, if the agency finds for good cause that delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued. 5 U.S.C. §§ 553(b)(3)(B), 808(2). Here, although OPM did not specifically mention the CRA's 60-day delay in effective date requirement, the agency found good cause to waive notice and comment procedures and incorporated a brief statement of reasons. Specifically, OPM stated that it would be impracticable and contrary to the public interest to delay a final regulation until a public notice and comment process has been completed, and that good cause exits for waiving proposed rulemaking. According to OPM, the conclusion of a public notice and comment period before the rule is finalized would be

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