Certifying the Use of a Merit Personnel System as Required by the Intergovernmental Personnel Act of 1970, 48821 [2024-12656]
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48821
Rules and Regulations
Federal Register
Vol. 89, No. 112
Monday, June 10, 2024
This section of the FEDERAL REGISTER
contains regulatory documents 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.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
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
Office of Personnel
Management.
ACTION: Guidance.
AGENCY:
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 employ@opm.gov
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
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:15 Jun 07, 2024
Jkt 262001
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
OFFICE OF MANAGEMENT AND
BUDGET
5 CFR Parts 1302 and 1303
RIN 0348–AB87
Privacy Act and Freedom of
Information Act Regulations
Office of Management and
Budget.
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
The Office of Management
and Budget (‘‘OMB’’) is issuing a final
rule revising its regulations
implementing the Privacy Act and the
Freedom of Information Act (‘‘FOIA’’).
These revisions update OMB’s
regulations to reflect changes in OMB’s
current organizational structure and best
practices. The revisions also ensure
consistency between the access to
records procedures in OMB’s Privacy
Act regulations and OMB’s FOIA
regulations, and with applicable law
and policies that were enacted after
OMB originally issued its Privacy Act
regulations in 1976. Finally, the
revisions align OMB’s regulations with
those of other agencies.
DATES: This rule is effective July 10,
2024.
FOR FURTHER INFORMATION CONTACT:
Timothy Ziese, 202–395–8693,
OMBPA@omb.eop.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On December 20, 2023, the Office of
Management and Budget (‘‘OMB’’)
published a proposed rule in the
Federal Register to revise its regulations
at 5 CFR part 1302 governing requests
and responses under the Privacy Act of
1974, as amended, 5 U.S.C. 552a
(‘‘Privacy Act’’), and corresponding
changes at 5 CFR part 1303 governing
requests and responses under the
Freedom of Information Act, as
amended, 5 U.S.C. 552 (‘‘FOIA’’). 88 FR
87960 (Dec. 20, 2023). OMB received
one comment in response to its
proposed rule, specifically regarding the
proposed revisions to OMB’s FOIA
regulations at 5 CFR part 1303. As
described below, in this final rule OMB
has made certain revisions, including in
light of the helpful comment.
II. Response to Comment
The commenter addressed three
topics: (1) fees charged to ‘‘all other
requesters’’ under proposed
§ 1303.92(d); (2) FOIA’s presumption of
openness; and (3) FOIA’s foreseeable
harm standard.
First, OMB proposed revisions to 5
CFR 1303.92 to track the FOIA statute
with respect to the fees OMB charges
requesters. See 5 U.S.C. 552(a)(4)(A)(ii);
see also id. 552(a)(4)(iv). The statute
specifies different categories of fees for
different categories of requesters:
commercial use requesters are to be
E:\FR\FM\10JNR1.SGM
10JNR1
Agencies
[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]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
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.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
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.
-----------------------------------------------------------------------
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]
BILLING CODE 6325-39-P