March 5, 1975
Page 5279
By Mr. MUSKIE (for himself, Mr. BROCK, and Mr. CHILES)
S. 957. 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 the Trust Territory of the Pacific Islands. Referred to the Committee on Government Operations.
AMENDMENTS TO THE INTERGOVERNMENTAL PERSONNEL ACT OF 1970
Mr. MUSKIE. Mr. President, on behalf of myself and Senators BROCK and CHILES, I introduce, for appropriate reference, a bill to amend the Intergovernmental Personnel Act of 1970.
This legislation contains essentially the same provisions included in S. 4135, introduced in the second session of the 93d Congress. The major difference between this bill and S. 4135 is the deletion of a provision in the latter bill to extend programs of the IPA to Indian tribal governments. I am pleased that this provision was included in the Indian Self Determination Act of 1974 and, therefore, is no longer necessary.
The principal purpose of the amendments is to extend for 3 additional fiscal years, to October 1, 1978, the authority of the Civil Service Commission to make grants for up to 75 percent of the costs of programs and projects under the Intergovernmental Personnel Act. Under current law, the Federal share would be reduced to 50 percent on July 1, 1975.
Mr. President, I am convinced that the current state of our economy, which has put an unusual squeeze on every aspect of State and local budgets, more than adequately justifies extending the current 75-25 funding mix. Any reduction in the Federal Share of the costs of intergovernmental personnel project grants would hit hardest at those governments which need the most help. At the present time, the pressing need for improving personnel administration in local governments accounts for about 62 percent of IPA grant outlays. Under a reduction to a 50-50 funding ratio these jurisdictions, in many cases, would have to abandon projects to further improve their personnel administration system, or else choose projects which could more easily be supported with a noncash participation. Other recent Federal assistance programs have recognized the desirability of a reduced matching requirement.
Mr. President, these amendments also include a number of technical changes to the Intergovernmental Personnel Act. I ask unanimous consent that a section-by-section analysis and the text of the bill be included in the RECORD following my remarks.
The Subcommittee on Intergovernmental Relations will hold a hearing on this legislation on Friday, March 14, 1975. It is my hope that the Senate will act expeditiously to approve the amendments before the current 75-25 percent funding ratio expires at the end of this fiscal year.
There being no objection, the analysis and bill were ordered to be printed in the RECORD, as follows:
SECTION ANALYSIS
Paragraph 1 of section 1 continues for three more fiscal years, to October 1, 1978, the Commission's authority to make grants to State and local governments and other organizations for up to 75 percent of the costs of programs and projects to strengthen personnel administration in State and local governments and to train and develop State and local government employees. Under the current law, the Federal share of such costs will be reduced to 50 percent by July 1, 1975.
Paragraph 2 of section I raises the limit on reimbursements to State and local governments for Government Service Fellowships from one-fourth (25%) to 75 percent of the salary of a recipient of a Government Service Fellowship, and establishes an obligated service requirement for recipients.
Paragraph 3 of section 1 defines the Trust Territory of the Pacific Islands as a jurisdiction which is eligible to participate in all of the IPA programs.
Paragraph 4 of section 1 includes the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands in the a location of formula grant funds (80% of appropriated grant funds).
Paragraph 1 of section 2 defines the Trust Territory of the Pacific Islands as an eligible jurisdiction for the purpose of participating in intergovernmental mobility assignments.
Paragraph 2 of section 2 permits a Federal employee on a mobility assignment to act as the attorney or agent for a State or local government or institution of higher education in representations before another Federal agency, except his employing agency or an agency with which he was employed during the year prior to his assignment. Currently, conflict of interest statutes prohibit such representations by mobility assignees except for Federal employee mobility assignments to an Indian tribe which are authorized under provisions of the Indian Self Determination and Education Assistance Act (P. L. 93-638).
Paragraph 3 of section 2 provides technical amendments to assure fairness and equity for persons participating in mobility assignments. If enacted, Federal retirement and other benefits, in the rare case where such programs apply to certain State and D.C. Government employees, would not be lost by such employees while they are on mobility assignments. Federal agencies would also be permitted to supplement the pay of State or local employees on detail to Federal agencies to assure comparability of pay with other State or local employees doing work of equal responsibility. Federal agencies would be authorized to reimburse State and local governments and institutions of higher education for various fringe benefit costs (e.g., health and life insurance, retirement, etc.) of employees on detail from such organizations. This is in line with a recent decision of the Comptroller General of the United States (B-157986) permitting reimbursement for such fringe benefits.
Paragraph 4 of section 2 authorizes an executive agency to reimburse mobility assignees for certain miscellaneous travel expenses (e.g., automobile registrations, drivers' licenses, etc.).
Section 3 provides an effective date for these amendments of not later than 90 days after enactment of an earlier date after enactment if the Commission so decides.
S. 957
Be it enacted by the Senate and 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 and after October 1, 1978".
(2) Section 305, relating to Government Service Fellowships, is amended–
(A) by striking out from paragraph (2) of subsection (a) "one-fourth", and inserting "75 per centum" in place thereof;
(B) by renumbering paragraph (3) of subsection (c) as paragraph (4) and deleting therefrom the words "and continuation";
(C) by striking the word "and" at the end of paragraph (2) of subsection (c); and
(D) by inserting in subsection (c) a new paragraph (3) as follows:
"(3) require, as a condition for the award of such fellowship, 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 by inserting in paragraph (8) "the Trust Territory of the Pacific Islands," immediately before "and a territory or possession of the United States,";
(4) Section 506, relating to the distribution of grants, is amended 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."
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 by inserting "the Trust Territory of the Pacific Islands," after "Puerto Rico," in paragraph (1);
(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, and employee of an executive agency assigned under this subchapter 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 subchapter, 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–
(A) by adding the following flash sentence at the end of subsection (b)–
"However, the above exceptions are not applicable 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.";
(B) by striking out the semicolon at the end of paragraph (1) of subsection (c), and by adding the following: "except to the extent that the pay 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 subchapter III of chapter 53 of this title, or other applicable authority;" and
(C) by striking out the period at the end of subsection (c) and adding the following: ", or for the contributions of the employer, 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 5724a(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 ninetieth day following its enactment or any earlier date following the date of enactment or any earlier date following the date of enactment that the Commission may prescribe.