[Federal Register Volume 61, Number 239 (Wednesday, December 11, 1996)]
[Proposed Rules]
[Pages 65189-65190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31394]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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.
 
 ========================================================================
 

  Federal Register / Vol. 61, No. 239 / Wednesday, December 11, 1996 / 
Proposed Rules  

[[Page 65189]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 334

RIN 3206 AG61


Intergovernmental Personnel Act Mobility Program

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) is proposing to issue 
regulations governing mobility assignments between Federal agencies and 
non-Federal entities. Since 1979, when the original regulations were 
issued, the program has evolved to a point where some of these 
regulations have become too cumbersome. The revised regulations will 
allow the program to operate more efficiently.

DATES: Comments must be submitted on or before January 10, 1997.

ADDRESSES: All comments concerning these proposed changes to the 
regulations should be addressed to Tony Ryan, Director, IPA Mobility 
Program, U.S. Office of Personnel Management, Room 7457, 1900 E Street 
NW., Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT:
Tony Ryan, 202-606-1181.

SUPPLEMENTARY INFORMATION: In October of 1995, OPM initiated a general 
review of the Intergovernmental Personnel Act Mobility Program. The 
program was part of the Intergovernmental Personnel Act (IPA) of 1970. 
The review team met with IPA coordinators from eleven agencies, in 
addition to contacting State governments, universities, and nonprofit 
organizations which use the IPA Mobility Program. A summary of the 
changes follows:
    In section 334.102, the definition of ``other organization'' was 
expanded to include Federally funded research and development centers, 
which formerly had to apply for certification to participate in the IPA 
Mobility Program. The National Defense Authorization Act for FY 1995 
(Pub. L. 103-337) included an amendment to the IPA which gives these 
centers automatic eligibility. Section 334.103 was changed to require 
the nonprofit status of ``Other Organizations'' to be determined by 
agencies, not OPM. OPM will provide criteria to determine nonprofit 
status. Section 334.104 places a lifetime limit of 6 years for Federal 
employees on IPA assignments and for individuals from non-Federal 
organizations who receive IPA assignments. This section also requires 
that when an assignment is over, the employee must return to his or her 
home organization for the same duration as the assignment. Section 
334.105 says that if an employee fails to return to Federal service for 
the equivalent period of the assignment, then he or she is responsible 
for the costs of the assignment except for salary. Section 334.106 
requires that agencies execute a written agreement for each assignment 
and keep a copy of the agreement available for review. However, OPM 
will no longer require that a copy of the agreement be sent to them. To 
monitor mobility program activity, OPM will request agencies to submit 
an annual report, a requirement which was dropped a few years back.
    These revised regulations are a result of the feedback the review 
team received from the various shareholders. While decentralizing 
responsibility for the program, these new rules will empower agencies 
and allow them to operate the program in a more efficient manner. OPM 
will still exercise its statutory authority to issue regulations, but 
the day-to-day management of the program will rest with agencies.

List of Subjects in 5 CFR Part 334

    Colleges and universities, Government employees, Indians, 
Intergovernmental relations.

Office of Personnel Management.
James B. King,
Director.

    Accordingly, OPM proposes to amend part 334 of title 5, Code of 
Federal Regulations:

PART 334--TEMPORARY ASSIGNMENT OF EMPLOYEES BETWEEN FEDERAL 
AGENCIES AND STATE, LOCAL, AND INDIAN TRIBAL GOVERNMENTS, 
INSTITUTIONS OF HIGHER EDUCATION, AND OTHER ELIGIBLE ORGANIZATIONS

    1. The authority citation for part 334 continues to read as 
follows:

    Authority: 5 U.S.C. 3376; E.O. 11589, 3 CFR 557 (1971-1975).

    2. Section 334.102, the definition of other organization is revised 
to read as follows:


Sec. 334.102  Definitions.

* * * * *
    Other organization means a national, regional, Statewide, area 
wide, or metropolitan organization representing member State or local 
governments; an association of State or local public officials; a 
nonprofit organization which has as one of its principal functions the 
offering of professional advisory, research, educational, or 
development services, or related services to governments or 
universities concerned with public management; or a federally funded 
research and development center; and
* * * * *
    3. Section 334.103 is revised to read as follows:


Sec. 334.103  Approval of instrumentalities or authorities of State and 
local governments and ``other organizations''.

    (a) Organizations interested in participating in the mobility 
program as an instrumentality or authority of a State or local 
government or as an ``other organization'' as set out in this part must 
have their nonprofit status approved for participation by the Federal 
agency with which they are entering into an assignment.
    (b) Written requests for approval as a nonprofit should include a 
copy of the organization's:
    (1) Articles of incorporation;
    (2) Bylaws;
    (3) Internal Revenue Service nonprofit statement; and
    (4) Any other information which indicates that the organization has 
as a principal function the offering of professional advisory, 
research, educational, or development services, or related services to 
governments or universities concerned with public management.

[[Page 65190]]

    (c) Federally Funded Research and Development Centers which appear 
on the Master Government List maintained by the National Science 
Foundation are eligible to enter into mobility agreements. An 
organization denied approval by an agency of its nonprofit status may 
request reconsideration by the Office of Personnel Management.
    4. Section 334.104 is revised to read as follows:


Sec. 334.104  Length of assignment.

    (a) An assignment may be made for up to 2 years and may be extended 
by the head of a Federal agency for up to 2 more years, given the 
concurrence of the other parties to the agreement.
    (b) A Federal agency may not send or receive on assignment an 
employee who has served on mobility assignments for more than a total 
of 6 years during his or her career. The Office of Personnel Management 
may waive this provision upon the written request of the agency head.
    (c) At the completion of an assignment, an employee must take a 
break equal in length to the time spent on that assignment before 
participating again in the mobility program.
    5. Section 334.105 is revised to read as follows:


Sec. 334.105  Obligated service requirement.

    (a) A Federal employee assigned under this subchapter must agree as 
a condition of accepting an assignment to serve with the Federal 
Government upon completion of the assignment for a period equal to the 
length of the assignment.
    (b) If the employee fails to carry out this agreement, he or she 
must reimburse the Federal agency of its share of the costs of the 
assignment (exclusive of salary). The head of the Federal agency may 
waive this reimbursement for good and sufficient reason.
    6. Section 334.106 is revised to read as follows:


Sec. 334.106  Requirement for written agreement.

    (a) Before an assignment is made the Federal agency and the State, 
local, or Indian tribal government, institution of higher education, or 
other eligible organization and the assigned employee shall enter into 
a written agreement which records the obligations and responsibilities 
of the parties as specified in 5 U.S. Code 3373-3375.
    (b) Agencies must maintain a copy of each assignment agreement form 
as well as any modification to the agreement.

[FR Doc. 96-31394 Filed 12-10-96; 8:45 am]
BILLING CODE 6325-01-M