Intergovernmental Personnel Act Mobility Program

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]

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