Delegation of Authority Under Section 204(a) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (Public Law 107-174)

This memorandum delegates presidential authority under Section 204(a) of the No FEAR Act to the OPM Director, requiring that regulations account for agencies' mission needs including diplomatic, military, intelligence, law enforcement, security, and protective functions, with mandatory consultation of the Attorney General.

Federal Register Open PDF 68 FR 45155

Impact dates

Jul 30, 2003
Federal Register publication filed

Key directives

Delegate authority under Section 204(a) of No FEAR Act to OPM Director
Ensure rules account for executive agency mission needs including specialized needs of diplomatic, military, intelligence, law enforcement, security, and protective agencies
Consult Attorney General in exercise of delegated authority
Consult other executive branch officers as OPM Director determines appropriate
Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

delegation of authority takes effect
OPM Director assumes regulatory authority under No FEAR Act Section 204(a)

Near term (90d)

Federal Register publication (filed July 30, 2003)

Long term

ongoing OPM rulemaking and regulatory implementation
continued consultation requirements with Attorney General and other executive branch officers

Risks & tensions

Potential tension between antidiscrimination protections and operational flexibility for sensitive national security and law enforcement agencies
Vague 'appropriate account' standard leaves discretion to OPM in balancing civil rights compliance against mission requirements
Consultation requirement with Attorney General may slow regulatory process but provides interagency coordination