Senate Holds Hearing on OPM Director Nominee

The U.S. Senate Committee on Homeland Security and Governmental Affairs (HSGAC) held a nominations hearing on September 9, 2020 for several individuals, including the nomination of John Gibbs to serve as Director of the Office of Personnel Management (OPM). The vote on his appointment is expected to be held on September 16, 2020.

OPM has had a high turnover rate for its directors in recent years. Gibbs is the third director nominee in the past three years.

During the hearing led by Chairman Ron Johnson (R-WI), Senators questioned Gibbs about his plans for OPM, his qualifications, and political rhetoric and commentary from his past.

Senator Mitt Romney (R-UT), asked Gibbs about discriminatory comments he made in the past.

Sen. Romney said, “There have been things that you have written in the past, which have been disparaging of Islam [and] at the same time have fostered or promoted some relatively extreme, if not bizarre or nonsensical, conspiracy theories, including the idea that leaders of the Democratic party had participated in satanic rituals of some kind.” He went on to ask how Gibbs expects to lead such a diverse organization if he has made such comments. Gibbs assured Romney that his leadership style is completely non-partisan and he has not led with discrimination during his years of public service.

Gibbs testified that his entire family comes from the Democratic Party and his parents grew up in the heavily segregated state of Alabama, so he understands discrimination and racism. He also elaborated on racism he has experienced personally while living in Japan where he was “the only African American around for miles” and was denied access to many restaurants and public spaces as a result.

Several Senators asked Gibbs a number of questions on how he planned on leading OPM and what projects he would be focusing on.

Senator Maggie Hassan (D-NH) asked Gibbs about the COVID-19 pandemic, wondering if he would follow the advice of top medical experts or the White House when making telework and office policy decisions. Gibbs responded that he would follow CDC guidelines and work with members of Congress and stakeholders in order to make decisions that prioritize the safety and security of the federal workforce.

Senator Jacky Rosen (D-NV) spoke about the wildfires currently burning in her home state and many other states on the West coast. She asked how Gibbs would lead OPM to keep first responders and firefighters who are working in close proximity to each other to extinguish these fires safe. Gibbs responded that he has the upmost respect for frontline workers and would give them both aid and a seat at the table.

Gibbs has been a political appointee at the Department of Housing and Urban Development (HUD) for three years, previously serving as an advisor to HUD Secretary Ben Carson and currently serving as Acting Assistant Secretary for Community Planning and Development. Gibbs has background as a software engineer in the Silicon Valley as well as a bachelor’s degree in computer science and a master’s degree in public administration.

When asked various questions about IT modernization in the federal government, Gibbs explained that modernization was his highest priority. Senator James Lankford (R-OK), asked Gibbs how he would modernize the workforce and what his highest priority in this area would be. Gibbs responded, saying the retirement backlog needs to be automated since government retirees often wait for months and even years before their claims are processed. The automation of the backlog would make the system more efficient, and according to Gibbs, he looks forward to this challenge.

Committee Ranking Member Gary Peters (D-MI) claimed that while modernization is important to OPM, it is necessary for OPM to have a leader who can be in charge of a diverse workforce and facilitate a safe space for all employees regardless of their race of political affiliation. Peters said in written statement, “In addition to somebody who can fix outdated systems and processes, OPM needs a leader who will tamp down controversies and bring people together. I am concerned that you have engaged in reckless political discourse that could undermine your ability to do this.”

Several civil society organizations expressed concerns with the nomination of Gibbs, citing political rhetoric from Gibbs, such as when he once said all appointees should be loyal to the president. In a letter to the committee, the Project on Government Oversight (POGO), Government Accountability Project (GAP), Public Employees for Environmental Responsibility (PEER), Union of Concerned Scientists, and Whistleblowers for America wrote, “The rhetoric used by the nominee raises serious questions about his willingness and ability to earnestly serve as director of an agency designed to be independent of political motives and to ensure that employees are protected from political interference in their work as they serve the American public.”

A joint letter from the National Active and Retired Federal Employees (NARFE) Association and Senior Executives Association (SEA) stated, “OPM and the federal workforce are at a critical inflection point. As the committee with jurisdiction over both, you must ask both yourselves and Mr. Gibbs the following: Will the federal government be an employer of last resort or of first choice? OPM’s systems and processes are in dire need of modernization, and NARFE and SEA fully support efforts to improve the ability of OPM to carry out its mission and fulfill its responsibilities. Rebuilding OPM’s capacity to address current and future human capital management challenges will be critical for our national security and the success of federal agencies to meet their missions far into the future. Is Mr. Gibbs ready for this challenge?”