[Federal Register Volume 89, Number 112 (Monday, June 10, 2024)]
[Rules and Regulations]
[Page 48821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12656]



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 Rules and Regulations
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  Federal Register / Vol. 89, No. 112 / Monday, June 10, 2024 / Rules 
and Regulations  

[[Page 48821]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 900


Certifying the Use of a Merit Personnel System as Required by the 
Intergovernmental Personnel Act of 1970

AGENCY: Office of Personnel Management.

ACTION: Guidance.

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SUMMARY: The Office of Personnel Management (OPM) is revising guidance 
issued on April 19, 2019, regarding the available range of staffing 
options for federally funded and state-administered low-income programs 
that are required to comply with the Intergovernmental Personnel Act of 
1970 (IPA) and its implementing regulations.

DATES: Effective June 10, 2024.

FOR FURTHER INFORMATION CONTACT: For questions, please contact Latonia 
Page, Deputy Associate Director, Workforce Policy and Innovation, 
Talent Acquisition, Classification, and Veterans Programs at 
[email protected] or 202-936-3459.

SUPPLEMENTARY INFORMATION: Pursuant to 5 CFR 900.604(b)(3), OPM is 
tasked with responding to requests for guidance regarding compliance 
with the Intergovernmental Personnel Act of 1970 (IPA) and its 
implementing regulations. When a federally funded program requires 
state and local agencies to establish a merit personnel system in order 
to receive funds, the IPA and the regulations in 5 CFR part 900, 
subpart F, are applicable. These regulations establish the standards 
that must be included in a merit personnel system when it is certified 
by a state or local agency. OPM's current guidance issued at 84 FR 
16381 (April 19, 2019) states that ``[t]he IPA and the regulations do 
not prescribe the use of a particular staffing method such as utilizing 
state or contract employees. In the absence of any other statutory or 
regulatory requirement to use a specific staffing method, the state or 
local agency has the discretion to determine the most appropriate 
staffing method. Regardless of the staffing method chosen, the state or 
local agency must certify that it is using a merit personnel system 
that meets the standards outlined in 5 CFR 900.603.''
    OPM has reviewed its 2019 guidance and is updating it in accordance 
with the recent recommendations of the White House Task Force on Worker 
Organizing and Empowerment, established by E.O. 14025 titled, 
``Executive Order on Worker Organizing and Empowerment.'' The White 
House Task Force recommended that state and local government agencies 
that receive Federal grants be limited to utilizing state and local 
government personnel in the administration of the grant-aided program. 
OPM agrees with implementing this recommendation and is therefore 
revising its guidance accordingly. To the extent that any state or 
local governments relied upon OPM's 2019 guidance on this matter and 
began utilizing contract employees to administer federally funded 
programs, these states should take steps to transition to utilizing 
state or local government employees to administer such programs at the 
earliest opportunity when it is feasible to do so. Until this happens, 
state and local governments must continue to certify they are using a 
merit personnel system that meets the standards outlined in section 5 
CFR 900.603, regardless of the staffing model they are using to 
administer federally funded programs.

Office of Personnel Management.
Kayyonne Marston,
Federal Register Liaison.
[FR Doc. 2024-12656 Filed 6-7-24; 8:45 am]
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