[Federal Register Volume 71, Number 180 (Monday, September 18, 2006)]
[Rules and Regulations]
[Pages 54565-54567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15436]



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  Federal Register / Vol. 71, No. 180 / Monday, September 18, 2006 / 
Rules and Regulations  

[[Page 54565]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR PART 334

RIN 3206-AJ94


Temporary Assignments Under the Intergovernmental Personnel Act 
(IPA)

AGENCY: Office of Personnel Management.

ACTION: Final.

-----------------------------------------------------------------------

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

DATES: October 18, 2006.

FOR FURTHER INFORMATION CONTACT: Darlene Phelps by telephone on 202-
606-0960, by FAX on 202-606-2329, by TDD on 202-418-3134, or by e-mail 
at [email protected].

SUPPLEMENTARY INFORMATION: OPM published for comment on August 22, 
2003, (at 68 FR 50726) proposed regulations revising part 334 of title 
5, Code of Federal Regulations, to make it more readable. The principal 
purpose of that proposed revision was to clarify the regulations. OPM 
also solicited comments on whether certain non-Federal 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; or (2) a 
``Federal-State authority or instrumentality'' as cited in 5 U.S.C. 
3371.
    Two agencies submitted comments on OPM's proposed part 334 
regulations. Both agencies believed that the question and answer format 
in the proposed regulations required the reader to spend more, rather 
than less time, to locate information in part 334. After consideration 
of the agencies' comments, OPM dropped the question and answer format 
in this final redraft of part 334.
    One agency suggested we rename the title of this part by including 
a reference to the Intergovernmental Personnel Act. We agree the 
current title does not accurately describe the nature of assignments 
under this part, so we have renamed part 334 as ``Temporary Assignments 
under the Intergovernmental Personnel Act (IPA)''.
    The other agency suggested OPM provide definitions of the terms 
listed in Sec.  334.102 rather than offer readers the statutory 
citations where these terms are defined. We agree having the 
definitions in the regulation improves the readability of part 334, so 
we have added the definitions along with their statutory citations in 
Sec.  334.102.
    The other agency asked that OPM clarify whether the definition of 
``Institution of higher education'' includes graduate level programs. 
OPM agrees clarification is necessary and we have revised the 
definition in Sec.  334.102 to include longstanding OPM policy that 
this definition includes both undergraduate and graduate study.
    The same agency also asked that OPM set a specific time period for 
maintaining copies of each written agreement that documents the 
obligations and responsibilities of each party to an IPA assignment. 
OPM believes that each agency should have the flexibility to best 
determine the appropriate time period for retaining copies of its 
written agreements under this part. We have modernized the final 
regulations, in Sec.  334.106(b), to allow agencies the flexibility for 
establishing the time period for retaining copies of its written 
agreements under the IPA program.
    The second agency asked that OPM clarify the IPA participation 
restriction in Sec.  334.104(c) that a Federal agency may not send or 
receive an individual on an IPA assignment for more than four 
continuous years without at least a 12-month return to duty back to the 
organization where the individual was employed before the IPA 
assignment. OPM believes that the present language in Sec.  334.104(c) 
sufficiently states OPM's intention that an individual may not 
participate on an assignment under this part for more than four 
continuous years without a minimum 12-month return to duty back to the 
individual's pre-assignment employing organization.
    The same agency also asked OPM to include a statement in Sec.  
334.102(c) clarifying that ``successive assignments with a break of no 
more than 60 calendar days will be regarded as continuous service'' per 
guidance on OPM's Web site. For the convenience of the reader we have 
added the statement pertaining to successive assignments of at least 60 
calendar days to Sec.  334.102(c), which is consistent with 
longstanding OPM policy.

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.

Lists of Subjects in 5 CFR Part 334

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

U.S. Office of Personnel Management.
Linda M. Springer,
Director.

0
Accordingly, OPM is revising 5 CFR part 334 to read as follows:

PART 334--TEMPORARY ASSIGNMENTS UNDER THE INTERGOVERNMENTAL 
PERSONNEL ACT (IPA)

Sec.
334.101 Purpose.
334.102 Definitions.
334.103 Requirements for approval of instrumentalities or 
authorities of State and local governments and ``other 
organizations.''
334.104 Length of assignment.
334.105 Obligated service requirement.
334.106 Requirement for written agreement.
334.107 Termination of agreement.
334.108 Reports required.

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


Sec.  334.101  Purpose.

    The purpose of this part is to implement title IV of the 
Intergovernmental Personnel Act (IPA) of 1970 and title VI of the Civil 
Service Reform Act. These statutes authorize the temporary assignment 
of employees

[[Page 54566]]

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., the Presidential 
Management Fellows Program, the Federal Career Intern Program, the 
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 as defined in 5 U.S.C. 3371(3) means an Executive 
agency, military department, a court of the United States, the 
Administrative Office of the United States Courts, the Library of 
Congress, the Botanic Garden, the Government Printing Office, the 
Congressional Budget Office, the United States Postal Service, the 
Postal Rate Commission, the Office of the Architect of the Capitol, the 
Office of Technology Assessment, and such other similar agencies of the 
legislative and judicial branches as determined appropriate by the 
Office of Personnel Management;
    Indian tribal government as defined in 5 U.S.C. 3371(2)(c) means 
any Indian tribe, band, nation, or other organized group or community, 
including any Alaska Native village as defined in the Alaska Native 
Claims Settlement Act (85 Stat. 668), which is recognized as eligible 
for the special programs and services provided by the United States to 
Indians because of their status as Indians and includes any tribal 
organization as defined in section 4(c) of the Indian Self-
Determination and Education Assistance Act;
    Institution of higher education means a domestic, accredited public 
or private 4-year and/or graduate level college or university, or a 
technical or junior college;
    Local government as defined in 5 U.S.C. 3371(2)(A) and (B) means:
    (1) Any political subdivision, instrumentality, or authority of a 
State or States; and
    (2) Any general or special purpose agency of such a political 
subdivision, instrumentality, or authority;
    Other organization as defined in 5 U.S.C. 3371(4) means:
    (1) A national, regional, Statewide, area wide, or metropolitan 
organization representing member State or local governments;
    (2) An association of State or local public officials;
    (3) A nonprofit organization which offers, as one of its principal 
functions, professional advisory, research, educational, or development 
services, or related services, to governments or universities concerned 
with public management; or
    (4) A federally funded research and development center.
    State as defined in 5 U.S.C. 3371(1) means a State of the United 
States, the District of Columbia, the Commonwealth of Puerto Rico, the 
Trust Territory of the Pacific Islands, the Northern Mariana Islands, 
and a territory or possession of the United States; an instrumentality 
or authority of a State or States; and a Federal-State authority or 
instrumentality.


Sec.  334.103  Requirements for approval of instrumentalities or 
authorities of State and local governments and ``other organizations.''

    (a) Organizations interested in participating in the IPA 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 must 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.
    (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  Length of assignment.

    (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 restriction 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. 
Successive assignments with a break of no more than 60 calendar days 
will be regarded as continuous service under the mobility authority.


Sec.  334.105  Obligated service requirement.

    (a) A Federal employee assigned under this part 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  Requirement for written agreement.

    (a) Before the assignment begins, the assigned employee and the 
Federal agency, the State, local, Indian tribal government, institution 
of higher education, or other eligible organization must enter into a 
written agreement recording the obligations and responsibilities of the 
parties, as specified in 5 U.S.C. 3373-3375.
    (b) Federal agencies must maintain a copy of each assignment 
agreement form established under this part, including any modification 
to the agreement. The agency may determine the appropriate time period 
for retaining copies of its written agreements.


Sec.  334.107  Termination of agreement.

    (a) An assignment may be terminated at any time at the request of 
the Federal agency or the State, local, Indian tribal government, 
institution of higher education, or other organization

[[Page 54567]]

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 the 
employee's 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 or original 
employer.
    (d) OPM has the authority to direct Federal agencies to terminate 
assignments or take other corrective actions when OPM finds assignments 
have been made in violation of the requirements of the 
Intergovernmental Personnel Act or this part.


Sec.  334.107  Reports required.

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

[FR Doc. E6-15436 Filed 9-15-06; 8:45 am]
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