One of the most interesting things about OPM's budget hearing didn't even have anything to do with money.

Rep. Jose Serrano, D-NY, asked acting OPM director Beth Cobert about her status to serve in that role, given a letter from the agency's former inspector general saying that was legally barred from doing so while a nominee for the permanent job.

"If people make this an issue, it could create problems for a lot of folks," he said.

Cobert moved to assure the committee that she was operating within the Department of Justice's interpretation of the law.

"The view from the Department of Justice, who provides the guidance on this issue, is very clear," she said. "The guidance indicates that I am acting fully within my authorities in this role. It is consistent with precedent across multiple administrations of both parties.

"I am serving at the direction of the president. I'm confident in the guidance from the Department of Justice in my ability to serve, and I come into work every day thinking about how I can help OPM deliver for federal agencies, for the federal workforce and for the American public."

But Serrano wanted to clarify further. He asked Cobert if it was true that barring a lawsuit to challenge her acting tenure since the nomination, would it be likely that her policies at OPM would stand.

"I believe that is correct, but I am not the lawyers," Cobert said. "So I again go back to the guidance from the Department of Justice that says I can do what I am doing every day."

So there you have it.

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