[Federal Register Volume 68, Number 163 (Friday, August 22, 2003)]
[Proposed Rules]
[Pages 50726-50727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21417]


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 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.
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  Federal Register / Vol. 68, No. 163 / Friday, August 22, 2003 / 
Proposed Rules  

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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 334

RIN 3206-AJ94


Temporary Assignment of Employees Between the Federal Government 
and State, Local, and Indian Tribal Governments, Institutions of Higher 
Education, and Other Eligible Organizations

AGENCY: Office of Personnel Management (OPM).

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management is proposing a plain 
language rewrite of its regulations regarding the Intergovernmental 
Personnel Act (IPA) Mobility Program as part of a broader review of 
OPM's regulations. The purpose of the revision is to make the 
regulations more readable.

DATES: Comments must be received on or before October 21, 2003.

ADDRESSES: Send or deliver comments to Susan M. Barker, Manager, 
Recruitment, Examining, and Assessment Group, Office of Personnel 
Management, Room 6500, 1900 E Street NW., Washington, DC, 20415, fax: 
(202) 606-0390, or e-mail them to [email protected].

FOR FURTHER INFORMATION CONTACT: Susan M. Barker by telephone at (202) 
606-2226; by fax at (202) 606-0390; or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: OPM is issuing proposed regulations 
implementing the provisions in 5 U.S.C. 3371-3376 that concern the 
temporary assignment of employees to and from States. The purpose of 
these proposed revisions to part 334 is not to make substantive 
changes, but rather to enhance the clarity and improve the readability 
of the regulations. To achieve these ends, we have converted the 
regulations to a question-and-answer format. In addition, to further 
clarify this rule, we are soliciting comment on whether certain 
entities define themselves as: (1) an ``instrumentality or authority of 
a state or states or local government'' as cited in 5 U.S.C. 3371; and/
or (2) a ``Federal-State authority or instrumentality'' as cited in 5 
U.S.C. 3371.

E. O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with E. O. 12866.

Regulatory Flexibility Act

    I certify that these regulations would not have a significant 
economic impact on a substantial number of small entities because they 
would apply only to Federal agencies and employees.

List of Subjects in 5 CFR part 334

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

Kay Coles James,
Director, Office of Personnel Management.

    Accordingly, OPM is proposing to revise 5 CFR part 334 to read as 
follows:

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

Sec.
334.101 What is the purpose of this part?
334.102 Definitions.
334.103 What are the requirements for an organization to participate 
in this program?
334.104 What is the duration of an assignment in this program?
334.105 Must Federal employees return to the Government at the end 
of an assignment?
334.106 Is there a requirement for a written agreement?
334.107 What are the rules for terminating an assignment?
334.108 Are any reports required with this program?

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


Sec.  334.101  What is the purpose of this part?

    The purpose of this part is to implement the objectives of title IV 
of the Intergovernmental Personnel Act of 1970 and title VI of the 
Civil Service Reform Act. These statutes authorize the temporary 
assignment of employees between the Federal Government and State, 
local, and Indian tribal governments, institutions of higher education 
and other eligible organizations.


Sec.  334.102  Definitions.

    In this part:
    Assignment means a period of service under chapter 33, subchapter 
VI of title 5, United States Code;
    Employee, for purposes of participation in this program, means an 
individual serving in a Federal agency under a career or career-
conditional appointment, including career appointees in the Senior 
Executive Service, individuals under appointments of equivalent tenure 
in excepted service positions (including, e.g., Presidential Management 
Intern program, the Federal Career Intern program, Student Career 
Experience program, and Veterans' Recruitment Appointments (VRA)); or 
an individual employed for at least 90 days in a career position with a 
State, local, or Indian tribal government, institution of higher 
education, or other eligible organization;
    Federal agency has the same meaning as in 5 U.S.C. 3371(3);
    Indian tribal government has the same meaning as in 5 U.S.C. 
3371(2)(C);
    Institution of higher education means a domestic, accredited public 
or private 4-year college or university, or a technical or junior 
college;
    Local government has the same meaning as in 5 U.S.C. 3371(2)(A) and 
(B);
    Other organization has the same meaning as in 5 U.S.C. 3371(4); and
    State has the same meaning as in 5 U.S.C. 3371(1).


334.103  What are the requirements for an organization to participate 
in this program?

    (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 eligibility certified by the Federal agency with which they 
are entering into an assignment.
    (b) Written requests for certification should include a copy of the 
organization's:
    (1) Articles of incorporation;
    (2) Bylaws;
    (3) Internal Revenue Service nonprofit statement; and

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    (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.
    (c) Federally funded research and development centers which appear 
on a master list maintained by the National Science Foundation are 
eligible to participate in the program.
    (d) An organization denied certification by an agency may request 
reconsideration by the Office of Personnel Management (OPM).


Sec.  334.104  What is the duration of an assignment in this program?

    (a) The head of a Federal agency, or his or her designee, may make 
an assignment for up to 2 years, which may be extended for up to 2 more 
years if the parties agree.
    (b) A Federal agency may not send an employee on an assignment if 
that person is a Federal employee and has participated in this program 
for more than a total of 6 years during his or her Federal career. OPM 
may waive this provision upon the written request of the agency head, 
or his or her designee.
    (c) A Federal agency may not send or receive an employee on an 
assignment if the employee has participated in this program for 4 
continuous years without at least a 12-month return to duty with the 
organization from which the employee was originally assigned.


Sec.  334.105  Must Federal employees return to the Government at the 
end of an assignment?

    (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 for its share of the costs of the 
assignment (exclusive of salary and benefits). The head of the Federal 
agency, or his or her designee, may waive this reimbursement for good 
and sufficient reason.


Sec.  334.106  Is there a requirement for a written agreement?

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


Sec.  334.107  What are the rules for terminating an assignment?

    (a) An assignment may be terminated at any time at the request of 
the Federal agency or the State, local, or Indian tribal government, 
institution of higher education, or other organization participating in 
this program. Where possible, the party terminating the assignment 
prior to the agreed upon date should provide 30-days advance notice 
along with a statement of reasons to the other parties to the 
agreement.
    (b) Federal assignees continue to encumber the positions they 
occupied prior to assignment, and the position is subject to any 
personnel actions that might normally occur. At the end of the 
assignment, the employee must be allowed to resume the duties of his/
her position or must be reassigned to another position of like pay and 
grade.
    (c) An assignment is terminated automatically when the employer/
employee relationship ceases to exist between the assignee and his/her 
original employer
    (d) The Office of Personnel Management shall have the authority to 
direct Federal agencies to terminate assignments or take other 
corrective actions when assignments are found to have been made in 
violation of the requirements of the Intergovernmental Personnel Act 
and/or this part.


Sec.  334.108  Are any reports required with this program?

    A Federal agency which assigns an employee to, or receives an 
employee from, a State, local, or Indian tribal government, institution 
of higher education or other eligible organization in accordance with 
this part shall submit to the Office of Personnel Management such 
reports as the Office of Personnel Management may request.

[FR Doc. 03-21417 Filed 8-21-03; 8:45 am]
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