[Federal Register: June 24, 1997 (Volume 62, Number 121)] [Rules and Regulations] [Page 33971-33972] [[Page 33971]] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 The section was unnecessary and is being withdrawn to be consistent with the sunset of the FPM.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\ --------------------------------------------------------------------------- \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.'' --------------------------------------------------------------------------- Aid to Families with Dependent Children, (Title IV-A of the Social Security Act); 42 U.S.C. 602(a)(5).\2\ --------------------------------------------------------------------------- \2\ Public Law 104-193 repealed the Aid to Families with Dependent Children program effective July 1, 1997. --------------------------------------------------------------------------- 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] BILLING CODE 6325-01-M