[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]
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Proposed Rules
Federal Register
________________________________________________________________________
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. 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
