Intergovernmental Personnel Act Programs; Standards for a Merit System of Personnel Administration

OFFICE OF PERSONNEL MANAGEMENT

5 CFR PART 900

RIN 3206-AH90

Intergovernmental Personnel Act Programs; Standards for a Merit

System of Personnel Administration

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management is revising the regulations

on the Standards for a Merit System of Personnel Administration. The

revision reflects changes and revisions in laws or regulations that

require State and local governments to establish and maintain merit

systems of personnel administration. Specifically, the revised

regulations eliminate any implied individual right of appeal to OPM,

eliminate obsolete references to the Federal Personnel Manual, and

provide a current list of covered programs.

EFFECTIVE DATE: July 24, 1997.

FOR FURTHER INFORMATION CONTACT:

Gary L. Smith, 202-606-2980, FAX 202-606-2663.

SUPPLEMENTARY INFORMATION: Section 900.606 of Subpart F, Standards for

a Merit System of Personnel Administration, provided for publication of

procedures implementing merit requirements in the Federal Personnel

Manual (FPM). No procedures were ever issued under the FPM system which

was abolished December 31, 1993. The section was unnecessary and is

being withdrawn to be consistent with the sunset of the FPM. Appendix A

is being revised to reflect changes in laws and regulations that have

occurred since 1983 when the list of pertinent laws and regulations was

last revised.

Our 1983 revisions (48 FR 9209) to these regulations promoted

flexibility and innovation at the State and local levels by eliminating

standardized, detailed requirements. These new revisions continue that

emphasis, and are consistent with the Intergovernmental Personnel Act's

requirement to minimize Federal intervention in State and local

government personnel administration. Consequently, we are modifying

regulations at 5 CFR 900.604(b)(3) that require the Chief Executive to

resolve compliance issues ``to the satisfaction of the Office of

Personnel Management.'' We are doing this for two reasons. First, OPM

has no independent authority to adjudicate individual complaints. The

Act restricts OPM from exercising ``authority, direction or control

over the selection, assignment, advancement, retention, compensation,

or other personnel action with respect to any individual State or local

employee.'' Second, the respective statutes which require State or

local governments to establish merit systems do so pursuant to proper

and efficient grants administration. We believe that issues of merit

systems compliance should be raised and addressed in the context of

State or local government performance in grants administration, and

that this is appropriately done by or under the direction of the

Federal grantor agency. Therefore, OPM's policy will be to accept

allegations of non-compliance with the standards only from grantor

agencies. As required by the Act, OPM will continue to provide, when

requested, interpretation, advice, and technical assistance when such

issues arise.

During the review and comment period following publication of these

proposed regulations at 62 FR 4940, OPM received two comments from

grantor agencies. One comment expressed agreement with the proposed

changes to the regulations. The other comment recommended further

revisions to Appendix A for recent legislation that will become

effective on July 1, 1997. Those recommended revisions were

incorporated into this final rule. No comments were received from

individuals, organizations, or state and local governments.

Regulatory Flexibility Act

I certify that this regulation will not have a significant economic

impact on a substantial number of small entities because it imposes no

new requirements on State or local governments.

List of Subjects in 5 CFR Part 900

Administrative practice and procedure, Civil rights, Government

employees, Individuals with disabilities, Intergovernmental relations.

Office of Personnel Management.

James B. King,

Director.

Accordingly, OPM is amending part 900 of title 5, Code of Federal

Regulations, as follows:

PART 900--INTERGOVERNMENTAL PERSONNEL ACT PROGRAMS

1. The authority citation for part 900, subpart F, continues to

read as follows:

Authority: 42 U.S.C. 4728, 4763; E.O. 11589, 3 CFR part 557

(1971-1975 Compilation).

2. In Subpart F Sec. 900.604, paragraphs (b)(3) and (b)(4) are

revised to read as follows:

Sec. 900.604 Compliance.

* * * * *

(b) * * *

(3) When a chief executive requests the assistance of the Office of

Personnel Management, the Office will provide consultation and

technical advice to aid the State or local government in complying with

the Standards.

(4) The Office of Personnel Management will advise Federal agencies

on application of the Standards in resolving compliance issues and will

recommend actions to carry out the purposes of the Intergovernmental

Personnel Act. Questions regarding interpretation of the Standards will

be referred to the Office of Personnel Management.

Sec. 900.606 [Removed]

3. Section 900.606 is removed.

4. Appendix A to Subpart F is revised to read as follows:

Appendix A to Subpart F--Standards for a Merit System of Personnel

Administration

Part I: The following programs have a statutory requirement for the

establishment and maintenance of personnel standards on a merit basis.

[[Page 33972]]

Program, Legislation, and Statutory Reference

Food Stamp, Food Stamp Act of 1977, as amended; 7 U.S.C.

2020(e)(6)(B).

Employment Security (Unemployment Insurance and Employment

Services), Social Security Act (Title III), as amended by the Social

Security Act Amendments of 1939, Section 301, on August 10, 1939, and

the Wagner-Peyser Act, as amended by Pub. L. 81-775, section 2, on

September 8, 1950; 42 U.S.C. 503(a)(1) and 29 U.S.C. 49d(b).

Grants to States for Old-Age Assistance for the Aged (Title I of

the Social Security Act); 42 U.S.C. 302(a)(5)(A).\1\

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\1\ Public Law 92-603 repealed Titles I, X, XIV and XVI of the

Social Security Act effective January 1, 1974, except that ``such

repeal does not apply to Puerto Rico, Guam, and the Virgin

Islands.''

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Aid to Families with Dependent Children, (Title IV-A of the Social

Security Act); 42 U.S.C. 602(a)(5).\2\

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\2\ Public Law 104-193 repealed the Aid to Families with

Dependent Children program effective July 1, 1997.

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Grants to States for Aid to the Blind, (Title X of the Social

Security Act); 42 U.S.C. 1202(a)(5)(A).\1\

Grants to States for Aid to the Permanently and Totally Disabled,

(Title XIV of the Social Security Act); 42 U.S.C. 1352(a)(5)(A).\1\

Grants to States for Aid to the Aged, Blind or Disabled. (Title XVI

of the Social Security Act); 42 U.S.C. 1382(a)(5)(A).\1\

Medical Assistance (Medicaid), Social Security Act (Title XIX), as

amended, section 1902 (a)(4)(A); 42 U.S.C. 1396(a)(4)(A).

State and Community Programs on Aging (Older Americans), Older

Americans Act of 1965 (Title III), as amended by the Comprehensive

Older Americans Act Amendments of 1976, section 307 on October 18,

1978; 42 U.S.C. 3027(a)(4).

Federal Payments for Foster Care and Adoption Assistance, (Title

IV-E of the Social Security Act); 42 U.S.C. 671(a)(5).

Part II: The following programs have a regulatory requirement for

the establishment and maintenance of personnel standards on a merit

basis.

Program, Legislation, and Regulatory Reference

Occupational Safety and Health Standards, Williams-Steiger

Occupational Safety and Health Act of 1970; Occupational Safety and

Health State Plans for the Development and Enforcement of State

Standards; Department of Labor, 29 CFR 1902.3(h).

Occupational Safety and Health Statistics, Williams-Steiger

Occupational Safety and Health Act of 1970; BLS Grant Application Kit,

May 1, 1973, Supplemental Assurance No. 15A.

Robert T. Stafford Disaster Assistance and Emergency Relief Act (42

U.S.C. 5196b), as amended; 44 CFR 302.4.

[FR Doc. 97-16425 Filed 6-23-97; 8:45 am]

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