Rule2024-12656
Certifying the Use of a Merit Personnel System as Required by the Intergovernmental Personnel Act of 1970
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Published
June 10, 2024
Effective
June 10, 2024
Issuing agencies
Personnel Management Office
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 112 (Monday, June 10, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12656]
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Rules and Regulations
Federal Register
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having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
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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
<a href="/cdn-cgi/l/email-protection#f5909885999a8cb59a8598db929a83"><span class="__cf_email__" data-cfemail="56333b263a392f1639263b78313920">[email protected]</span></a> 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]
BILLING CODE 6325-39-P
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