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[Federal Register Volume 62, Number 22 (Monday, February 3, 1997)]
[Proposed Rules]
[Pages 4940-4941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2616]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / 
Proposed Rules

[[Page 4940]]

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 900

RIN 3206-AH70

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

AGENCY: Office of Personnel Management.

ACTION: Proposed 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.

DATES: Comments must be received on or before March 5, 1997.

ADDRESSES: Send or deliver written comments to Carol J. Okin, Associate 
Director, Office of Merit Systems Oversight and Effectiveness, Office 
of Personnel Management, Room 7470, 1900 E Street NW., Washington, DC 
20415-0001.

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being withdrawn to be consistent with the sunset of the FPM.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

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.

U.S. Office of Personnel Management.
James B. King,
Director.
    Accordingly, OPM proposes to amend part 900 subpart F, 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 Sec. 900.604 paragraph (b)(3) is revised and paragraph (b)(4) 
is added, Sec. 900.606 is removed, and Appendix A is 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]

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.

Program, Legislation, and Statutory Reference

    Food Stamp, Food Stamp Act of 1977, as amended; 7 U.S.C. 
2020(e)(6)(B).
    Old-Age Assistance, Social Security Act (Title 1), as amended by 
the Social Security Act Amendments of 1939, section 101, on August 
10, 1939; 42 U.S.C. 302(a)(5)(A).\1\
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    \1\ Pub. L 92-603 repealed Titles 1, 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.''

[[Page 4941]]

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    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).
    Aid to Families with Dependent Children, Social Security Act 
(Title IV-A), as amended by the Social Security Act Amendments of 
1939, section 401, on August 10, 1939; 42 U.S.C. 602(a)(5).
    Aid to the Blind, Social Security Act (Title X), as amended by 
the Social Security Act Amendments of 1939, section 701, on August 
10, 1939; 42 U.S.C. 1202(a)(5)(A).1
    Aid to the Permanently and Totally Disabled, Social Security Act 
(Title XIV), as amended by the Social Security Act Amendments of 
1950, section 1402, on August 28, 1950; 42 U.S.C. 1352(a)(5)(A).\1\
    Aid to the Aged, Blind or Disabled. Social Security Act (Title 
XVI), as amended by the Public Welfare Amendments of 1962, section 
1602, on July 25, 1962; 42 U.S.C. 1382(a)(5)(A).\1\
    Medical Assistance (Medicaid), Social Security Act (Title XIX), 
as amended by the Social Security Amendments of 1965, section 1902, 
on July 30,1965; 42 U.S.C. 1396(a)(4)(A).
    State and Community Programs on A&V (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).
    Foster Care and Adoption Assistance, Social Security Act (Title 
IV-E) as amended by the Adoption Assistance and Child Welfare Act of 
1980; 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. 97-2616 Filed 1-31-97; 8:45 am]
BILLING CODE 6325-01-P
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