[Federal Register Volume 62, Number 121 (Tuesday, June 24, 1997)]
[Rules and Regulations]
[Pages 33971-33972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16425]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules 
and Regulations  

[[Page 33971]]


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being withdrawn to be consistent with the sunset of the FPM.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