October 11, 1974
Page 35295
By Mr. MUSKIE (for himself, Mr. BROCK, Mr. CHILES, and Mr. METCALF)
S. 4135. A bill to amend the Intergovernmental Personnel Act of 1970 to provide more effective means to improve personnel administration in State and local governments; to correct certain inequities in the law; and to extend coverage under the law to Indian tribes and the Trust Territory of the Pacific Islands. Referred to the Committee on Government Operations.
INTERGOVERNMENTAL PERSONNEL ACT AMENDMENTS OF 1974
Mr. MUSKIE. Mr. President, on behalf of myself and Senators BROCK, CHILES, METCALF I introduce, for appropriate reference, a bill to amend the Intergovernmental Personnel Act of 1970 to provide more effective means to improve personnel administration in State and local governments; to correct certain inequities in the law; and to extend coverage under the law to Indian tribes and the Trust Territory of the Pacific Islands.
The Intergovernmental Personnel Act is an example of a relatively small, highly popular program which has achieved important results in 4 years at a modest cost to the Federal Government. It has four basic features, all aimed at strengthening personnel management and training in State and local government:
First. Federal grants of up to 75 percent to State and local governments to cover the costs of programs designed to upgrade and improve personnel systems;
Second. Federal grants of up to 75 percent for State and local personnel training programs;
Third. A Government service fellowship program; and
Fourth. Authorization for Federal, State, and local employees, as well as university representatives, to accept temporary positions in another level of government under intergovernmental personnel mobility assignments.
Since the IPA program became fully operational in 1971, it has provided more than $36 million
of Federal funds in 650 grants to State and local chief executives to help strengthen personnel management and to train employees. Including matching contributions, this has amounted to an overall Federal-State-local effort of about $50 million.
Since 1971, more than 1,400 persons in the Federal, State, and local governments and universities have accepted intergovernmental mobility assignments. Eighteen intergovernmental job information centers now operate throughout the country offering single-source information for State, county, municipal, and Federal jobs. And, more than 35,000 State and local employees have attended training workshops sponsored under the IPA by the U.S. Civil Service Commission.
Mr. President, the amendments I offer today have been suggested by the U.S. Civil Service Commission and do not represent a major substantive change in the basic thrust of the Intergovernmental Personnel Act. They are designed primarily to build on the momentum and experience gained during the act's formative years. They would permit the Federal Government to continue making technical assistance grants of up to 75 percent for 3 more years, until July 1, 1978. They would make Indian tribal governments and the Pacific Trust Territory eligible to participate in the act for the first time. Finally, they would clarify and amend certain adjustments relating to the intergovernmental mobility assignment features of the act.
I ask unanimous consent that the text of the legislation, a statement of its purposes and justification, and a letter from the Chairman of the Civil Service Commission to the President of the Senate be included in the RECORD at this point.
There being no objection, the bill and material were ordered to be printed in the RECORD, as follows:
8.4135
Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That the Intergovernmental Personnel Act of 1970 (84 Stat. 1909-1929) is amended as follows:
(1) Section 202(a), section 203(a), section 303 (a), and section 304(a), relating to grants to State and local governments and other organizations, are amended by striking out
"after the expiration of three years following the effective date of the grant provisions of this Act," and substituting therefor "on July 1, 1978."
(2) Section 305, relating to Government Service Fellowships, is amended
(1) by striking out from paragraph (2) of subsection (a) "one-fourth", and inserting "75 per centum" in place thereof;
(2) by renumbering paragraph (3) of subsection (c) as paragraph (4) and deleting therefrom the words "and continuation";
(3) by striking the word "and" at the end of paragraph (2) of subsection (c); and
(4) by inserting in subparagraph (c) a new paragraph (c) as follows:
"(3) require, as a condition for the award of such fellowships, that the recipients enter into a written agreement, enforceable by the government concerned, to serve with such jurisdiction upon the completion of the fellowship, for a period equal to the length of the fellowship. Such agreement shall provide that in the event the recipient fails (except for good and sufficient reason, as determined by the jurisdiction concerned) to carry out such agreement, he shall be liable for payment of all expenses (excluding salary) of such fellowship. Any amount for which a recipient becomes liable shall be paid to the jurisdiction concerned within the three-year period beginning on the date he becomes so liable; and shall be available for use by such jurisdiction for advanced education of its employees; and"
(3) Section 502, relating to the definitions of eligible jurisdictions, is amended
(1) by inserting in paragraph (c) "the Trust Territory of the Pacific Islands," immediately before "and a territory or possession of the United,"
(2) by striking out "and" after paragraph (3);
(3) by striking out the period and inserting "; and" after paragraph (4); and,
(4) by adding the following: "(5) Notwithstanding the population requirements of sections 203 (a) and 303(c) of this Act a 'local government' and a 'general local government' also mean the recognized governing body of an Indian tribe, band, pueblo, or other organized group or community, including any Alaska native village, as defined in the Alaska Native Claims Settlement Act (85 Stat. 688), which performs substantial governmental functions. The requirements of sections 203(c) and 303(d) of this Act, relating to reviews by the Governor of a State, do not apply to grant applications from the governing body of an Indian tribe, although nothing in this Act is intended to discourage or prohibit voluntary communication and cooperation between Indian tribes and State and local governments."
(4) Section 506, relating to the distribution of grants, is amended–
(1) by striking out of section 506(b) (5) "and the District of Columbia." and by inserting in place thereof: the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands.";
(2) by adding the following subsection: "(d) This section does not apply to funds specifically appropriated to carry out the purposes of section 305 of this Act."
SEC. 2. Title 5, United States Code, is amended as follows:
(1) Section 3371, relating to definitions of eligible jurisdictions for the purpose of intergovernmental mobility assignments, is amended–
(1) by inserting the "Trust Territory of the Pacific Islands" after "Puerto Rico," in paragraph (1);
(2) by amending paragraph (2) by striking out "and" after subparagraph (A), by inserting "; and" in place of the period after subparagraph (B), and by adding the following: "(C) the recognized governing body of an Indian Tribe, band, pueblo, or other organized group or community, including any Alaska native village, as defined in the Alaska Native Claims Settlement Act (85 Stat. 688); which performs substantial governmental functions."
(2) Section 3373, relating to the assignment of Federal employees to State and local governments, is amended by adding the following at the end thereof: "(e) Notwithstanding the provisions of sections 203 and 205 of title 18, an employee of an executive agency assigned under this sub-chapter to a State or local government, or institution of higher education may act as an agent or attorney on behalf of that State or local government, or institution of higher education before any other agency, other than his employing agency or an agency with which he was employed during the one year period previous to his assignment under this sub-chapter, in connection with a proceeding, application, contract, claim, or controversy in which the United States is a party or has a direct and substantial interest."
(3) Section 3374, relating to assignments of employees from State or local governments, is amended–
(1) by striking out the period at the end of paragraph (3) of subsection (b), inserting ";and" in place of the period, and by adding the following: "(4) However, the above exceptions shall not apply to employees who are subject to coverage under chapters 83, 87, and 89 of this title by virtue of employment immediately prior to assignment and appointment under this section."
(2) by striking out the semi-colon at the end of paragraph (1) of subsection (c), and by adding the following: "except to the extent that the compensation received from the State or local government is less than the appropriate rate of pay which the duties would warrant under the provisions of chapter 51 and sub-chapter III of chapter 53 of this title, or other applicable authority;" and
(3) by striking out the period at the end of subsection (c) and adding the following: ", or for the employer's contributions, or a part thereof, to employee benefit systems."
(4) Section 3375(a), relating to the travel expenses of a Federal, State, or local government employee while on a mobility assignment is amended by striking out "and" after paragraph (4) ; renumbering paragraph (5) as paragraph "(6) "; and inserting the following: "(5) Section 572a(b) of this title for miscellaneous expenses related to change of station where movement or storage of household goods is involved; and"
SEC. 3. The amendments made by this Act shall take effect after the 90th day following its enactment or any earlier date following the date of enactment that the Commission may prescribe.
STATEMENT OF PURPOSE AND JUSTIFICATION OF A DRAFT BILL TO AMEND THE INTERGOVERNMENTAL PERSONNEL ACT OF 1970
PURPOSE
To provide more effective means to improve personnel administration in State and local governments; to correct certain inequities in the law; and to extend coverage under the law to the Trust Territory of the Pacific Islands, Indian Tribes, and Alaskan native villages.
JUSTIFICATION
Section 202(a), 203(a) 303(a) and 304(a) of the Intergovernmental Personnel Act of 1970 provide that grants may be made for up to 75 percent of the costs of programs and projects for strengthening personnel administration in State and local governments and for training State and local government employees. Under the current law, the Federal share will be reduced to 50 percent on July 1, 1975. We recommend the continuation for three more years, to July 1, 1978, of the present authority to fund up to 75 percent of the costs of grant-aided programs and projects. This will provide further demonstration of the value of these programs to State and local governments.
The proposed amendments would authorize grants to State and local governments for up to 75 percent of the salary of recipients of Government Service Fellowships for State and local personnel. Currently, these grants may cover reimbursement to State and 14c4 governments not to exceed one-fourth (26 percent) of the salary of each fellow during the period of the fellowship.
We recommend raising this level to 75 percent. As further incentive to intergovernmental education and to provide maximum administrative flexibility for such programs, the amendments would exempt funds specifically appropriated for Government Service Fellowship grants from allocation requirements and would create a separate authorization for such funds. In addition, the amendments would establish an obligated service requirement for recipients of Government Service Fellowship grants. This provision would assure State and local governments of a return on investment in these grants through benefitting from the service of grant recipients.
The Government Service Fellowship feature of the IPA has been used very little by State and local governments, primarily because it is a financial burden which State and local governments are unable or unwilling to absorb. The Advisory Council on Intergovernmental Personnel Policy, in its January 1973 report to the President and the Congress, recommended that the Federal portion of the funding for salary costs of Government Service Fellowships be increased to 75 percent. The Advisory Council also noted that "at no time, however, should the Federal Government assume the full cost of the program."
Next, the proposed amendments provide for several technical changes in the intergovernmental mobility provisions of the IPA. These amendments will provide greater flexibility to Federal, State and local agencies and help to assure fairness and equity for mobility assignees.
The Intergovernmental Personnel Act; (5 U.S.C. 3371-3376) does not exempt Federal employees from Federal conflict of interest statutes (18 U.S.C. 203 and 205) while they are on mobility assignments. This has been a problem in some cases. At issue is the possible conflict of interest in cases where the Federal employee would act on behalf of State or local government in representations before a Federal agency. Currently, conflict of interest statutes prohibit an employee from acting as an agent or attorney or in a representational capacity on behalf of a State or local government or an institution of higher education before any Federal agency.
We believe a conflict of interest does exist if the Federal assignee represents a State or local government in matters pending before his employing agency. However, we believe a conflict of interest does not exist if the Federal assignee represents, the State or local government in matters pending before an agency other than his employing agency.
We have proposed an amendment to the IPA which would allow a Federal mobility assignee to act on behalf of the organization to which assigned on matters pending before any Federal agency, other than his own agency in which he was employed during the preceding year.
To prohibit the temporary assignment of a Federal employee to a position involving representational
duties would be an unfortunate and unnecessary limitation on the intergovernmental mobility program. It
is in such a position that the Federal employee can probably make the greatest contributions in terms of
improved public services and better intergovernmental cooperation. In addition, a mobility assignment
to such a position would be an invaluable experience the Federal employee, his employing agency, and
the State or local jurisdiction.
It would provide knowledge and insights into complexities of intergovernmental relations which cannot
be duplicated in any other setting.
We have also recommended amendment of 5 USC 3374(b) to prevent the potential loss of federal employee benefits (e.g. retirement, health insurance, etc.) in the rare case where such benefits apply to non-Federal employment by certain employees (Cooperative Extension Service employees in the States and employees of the District of Columbia) while they are on mobility assignments to Federal positions. Under current law these benefits would be lost, since Federal benefits do not apply to employees on mobility assignment, under temporary appointment to Federal agencies.
We have proposed a change in 5 U.S.C. 3374(C) (1) to permit agencies to supplement the pay of some State and local government employees assigned to Federal positions, to bring this pay in line with Federal compensation for work of equal responsibility. State and local employees may be assigned to Federal agencies on a leave without pay basis (LWOP) or on detail from their jurisdiction. In some jurisdictions, LWOP jeopardizes tenure and other employee rights, and only the detail process is feasible. Detailed employees continue to receive their salaries, however, directly from their jurisdiction. These salaries are usually different from the salaries received by assignees on LWOP, who receive Federal appointments and are paid according to Federal pay schedules. This proposed change would permit State and local employees doing work of equal responsibility on mobility assignments to be paid the same, irrespective of employment practices in their jurisdiction.
We are also proposing an amendment to permit Federal agencies to reimburse State and local governments for costs of fringe benefits (e.g., health and life insurance, retirement, etc.) of employees on temporary details to Federal agencies: Executive agencies are authorized to pay such costs for State and local employees receiving temporary appointments to Federal positions, but not for State and local employees on detail. This restriction has reduced a mobility assignment's attractiveness to a State or local government or institution of higher education. It has been the deciding factor in whether or not a State or local government or university will permit an employee to accept a mobility assignment.
An additional amendment would permit the payment of miscellaneous expenses related to a geographic move for the purpose of a mobility assignment. These payments would be in line with expenses now paid by the Federal government in connection with permanent changes in duty stations. It would not extend reimbursement for real estate fees. The incidental expenses, now provided in regulations on permanent changes of station cover such costs as automobile registrations, drivers' licenses, and similar miscellaneous expenses. An employee who accepts an extended temporary assignment which involves obtaining a place of residence incurs these expenses. In fairness, he or she should be able to claim them.
The Intergovernmental Personnel Act does not provide for participation in any way by Indian tribes and the Trust Territory of the Pacific Islands. Full coverage under the IPA is recommended to provide comparable benefits that are now available only to State and local governments, and territories and possessions of the United States. By comparable benefits, we mean the opportunity for these governments to fully participate in IPA grants, technical assistance, training and intergovernmental mobility. Such participation would enable these jurisdictions to
improve their personnel resources and strengthen their systems of personnel administration.
IPA grants could be used by Indian tribes and the Trust Territory of the Pacific Islands to establish or improve personnel management systems, and to train and develop employees to better plan and manage their own programs. As increasing amounts of Federal "no-strings" resources are provided to Indian tribes, effective and modern management by Indian tribes becomes even more important. Because of their special needs, Indian tribes would be excepted from the population requirements for IPA grants, and from State review of grant applications.
Through use of the intergovernmental mobility provisions of the IPA, Indian tribes and the Trust Territory would be able to capitalize on the talents of experienced Federal employees through temporary assignments of personnel between Federal agencies and such jurisdictions. The expertise of Federal employees could be applied directly to a wide variety of problem areas (e.g., health, welfare, housing, law enforcement, economic development, etc.). Similarly, Federal agencies which serve these entities would be able to obtain the temporary services of Indian tribe and Trust Territory employees to improve the delivery and effectiveness of Federal assistance.
Finally, we propose amendment of the IPA to include the Commonwealth of Puerto Rico, Guam, American Samoa. and the Virgin Islands in the allocation of formula grant funds (80 percent of grant appropriations). Section 506(b) (5) of the IPA defines "State" for the purpose of allocating formula grant funds as "the several States of the United States and the District of Columbia." As a result, awards to the territories and possessions of the United States in FY 1972 (about $300,000) and FY 1973 (about $330,000) came from the allocation of discretionary grant funds (20 percent of the grants appropriations). The net effect has been to limit the opportunity to fund additional worthy State and local government projects. In addition, if grants are to be made to the Trust Territory of the Pacific Islands and Indian tribes as we have proposed, we will need to provide some funds for these governments from the allocation of discretionary grant funds.
U.S. CIVIL SERVICE COMMISSION,
Washington, D.C.,
June 26,1974.
Hon. GERALD R. FORD,
President of the Senate,
Washington, D.C.
DEAR MR, PRESIDENT: The Commission is submitting for the consideration of the Congress proposed legislation "To amend the Intergovernmental Personnel Act of 1970 to provide more effective means to improve personnel administration in State and local governments; to correct certain inequities in the law; and to extend coverage under the law to Indian tribes and the Trust Territory of the Pacific Islands." There are enclosed: (1) a draft bill; (2) a section analysis of the proposed bill; and (3) a statement of purpose and justification.
The proposed bill would continue for three more years, to July 1, 1978, the Commission's authority to make grants for up to 75 percent of the costs of programs and projects to improve personnel administration in State and local governments. Under the current law, the Federal share will be reduced to 50 percent on July 1, 1975.
Also, this bill would authorize reimbursements to State and local governments and Indian tribes for up to 75 percent of the salary of a recipient of a Government Service Fellowship. Currently, such reimbursements may not exceed 25 percent of the recipient's salary. This feature of the IPA has been used very little, primarily because it is a financial burden which State and local governments are reluctant to absorb. Increasing the Federal share to 75 percent was recommended by the Advisory Council on Intergovernmental Personnel Policy in its January 1973 report to the President and the Congress.
The legislative proposal also includes several amendments to the IPA mobility provisions. These amendments, for the purpose of providing greater flexibility and assuring fairness and equity, are discussed in the four paragraphs which follow.
The IPA does not exempt Federal employees from Federal conflict of interest statutes while they are on mobility assignments. This has become a real problem in some cases. At issue is the possible conflict of interest in cases where the Federal employee would act on behalf of a State or local government in representations before a Federal agency. To prohibit such assignments would be an unfortunate and unnecessary limitation on the intergovernmental mobility program. It is in such positions that a Federal employee can probably make the greatest contribution to improved public services and better intergovernmental relations. Therefore, the IPA should be amended to permit a Federal mobility assignee to act on behalf of the organization to which assigned on matters pending before a Federal agency, other than his employing agency.
State employees in Cooperative Extension work and employees of the District of Columbia are entitled to Federal employee benefits (e.g., retirement, health insurance, etc.) even though they are not Federal employees. However, if they are temporarily appointed to Federal service on mobility assignments, they forfeit those benefits while so serving. The legislative proposal prevents forfeiture in such cases.
Another proposed amendment to the mobility provisions would permit agencies to supplement the pay of some State and local government employees assigned to Federal positions, to bring this pay in line with Federal compensation for work of equal responsibility. State and local employees may be assigned to Federal agencies on a leave without pay basis (LWOP) or on detail from their jurisdiction. In some jurisdictions, LWOP jeopardizes tenure and other employee rights, and only the detail process is feasible. Detailed employees continue to receive their salaries, however, directly from their jurisdiction. These salaries are usually different from the salaries received by assignees on LWOP, who receive Federal appointments and are paid according to Federal pay schedules. This proposed change would permit State and local employees doing work of equal responsibilty on mobility assignments to be paid the same, irrespective of employment practices in their jurisdictions.
Another problem is that Executive agencies may not make reimbursements to State and local governments covering the various fringe benefits (e.g., retirement and life and health insurance benefits) for State and local employees detailed to Federal agencies. This limitation reduces the attractiveness of a mobility assignment. It can be the deciding factor in whether or not a State or local government or university will permit an employee to accept a mobility assignment. We are proposing that Federal agencies be given the flexibility to reimburse State and local governments for those costs. Under the current law, Federal agencies can make such reimbursements for State and local employees who accept temporary appointments to a Federal position, but not for employees who are on detail.
The legislative proposal would exempt from the formula grant appropriation, funds specifically appropriated for Government Service Fellowships. It would also establish an obligated service requirement for Government Service Fellowship recipients. It would also include the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands in the allocation of formula grant funds (80 percent of the appropriated grant funds). The current law defines "States" for the purpose of allocating formula grant funds as "the several States of the United States and the District of Columbia." As a result, awards to Puerto Rico, Guam, and American Samoa and the Virgin Islands have come from the 20 percent (discretionary) allocation of grant funds. The net effect has been to limit the opportunity to fund additional worthy State and local government projects that may have had a substantial impact on improved personnel administration. In addition, we will need to provide for grants to Indian tribes and the Trust Territory of the Pacific Islands from the 20 percent allocation of discretionary grant funds should they become eligible recipients under the IPA as we have proposed.
Financially, the proposed bill would provide, for the first time, full coverage under the Intergovernmental Personnel Act to Indian tribes and the Trust Territory of the Pacific Islands.
These governmental entities would have the opportunity to obtain benefits which are now only available to State and local governments and the territories and possessions of the United States.
These benefits include: grants-in-aid to strengthen personnel management systems and to train employees; direct participation in Federal training programs; comprehensive technical assistance to strengthen personnel systems; and participation in intergovernmental mobility assignments.
IPA assistance could be used by Indian tribes and the Trust Territory to improve their ability to plan and manage programs for economic, educational and social development.
The Office of Management and Budget advises that there would be no objection from the standpoint of the Administration's program to the submission of this proposal.
A similar letter is being sent to the Speaker of the House.
By Direction of the Commission: Sincerely yours,
ROBERT E. HAMPTON,
Chairman.