[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Rules and Regulations]
[Pages 23126-23127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11048]
[[Page 23126]]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 334
RIN 3206-AG61
Intergovernmental Personnel Act Mobility Program
AGENCY: Office of Personnel Management.
ACTION: Final regulations.
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SUMMARY: The Office of Personnel Management (OPM) is issuing final
regulations governing mobility assignments between Federal agencies and
non-Federal entities. In keeping with the OPM philosophy of
transferring more responsibility for operational programs to agencies,
these revised regulations will allow agencies to operate the mobility
program in a more efficient and productive manner.
EFFECTIVE DATE: May 29, 1997.
FOR FURTHER INFORMATION CONTACT:
Tony Ryan on 202-606-1181 or FAX 202-606-3577.
SUPPLEMENTARY INFORMATION: By Executive Order 11589 of April 1, 1971,
the President delegated to the Office of Personnel Management the
authority to issue regulations necessary to administer the temporary
assignment of personnel between the Federal Government and State or
local governments, institutions of higher education, Indian tribal
governments and other eligible organizations (the Intergovernmental
Personnel Act Mobility Program).
On December 11, 1996, OPM published a proposed revision of its
regulations (61 FR 65189) dealing with this program for a 30-day
comment period. We received comments from sixteen Federal agencies. The
Department of Energy (DOE) recommended that we remove federally funded
research and development centers from the definition of ``other
organization'' in Sec. 334.102. Since an ``other organization'' must be
certified to participate, and federally funded research and development
centers which are on a list maintained by the National Science
Foundation (NSF) are automatically eligible, we agree with this
suggestion and, consequently, Sec. 334.102, as it currently appears in
the regulations, will not be changed.
Throughout the proposed regulations there are references to ``the
head of the Federal agency.'' The Department of Justice suggested that
we add ``or his or her designee'' after this phrase. Since, in many
agencies, the IPA program has already been delegated to Bureau or
Component level or below, this suggestion seems to mirror the way
things actually are. Changes have been made where needed.
Section 334.103 deals with organizations which must be approved for
participation in the IPA program. This approval or certification
process is being shifted from OPM to agencies. Federal agencies will
now deal directly with those non-Federal entities with whom they hope
to share an assignment. If an organization is certified by an agency,
this certification is permanent and may apply throughout the Federal
Government. Another agency can accept this certification or require the
organization to submit the appropriate paperwork for review. If an
organization is denied certification, it may appeal this denial to OPM.
The Department of Transportation asked if those organizations that have
already been certified will be ``grandfathered'' in when this change
occurs. No, they will not. As of the effective date of these
regulations, any organization wishing to participate in the mobility
program will need to be certified or recertified when they enter into
an IPA agreement. Those organizations in a current assignment on the
effective date of these regulations may complete those assignments, but
will need to go through the certification process before starting a new
assignment.
Many agencies, including the Departments of Commerce and Defense as
well as the Equal Employment Opportunity Commission, thought that OPM
should maintain a clearinghouse of organizations which have had their
eligibility certified. However, we feel that a clearinghouse is
unnecessary. An agency could simply ask an organization whether it had
already been certified by another Federal agency. If it had, then that
certification, once verified, would allow an agency to move ahead with
a new IPA assignment. This removes a heavy administrative
responsibility from OPM but does not unduly impact other Federal
agencies. One agency, DOE, pointed out that it is actually
``eligibility'' which agencies are certifying, not ``notprofit
status.'' We have revised Sec. 334.103(a) to reflect this distinction.
We received numerous comments regarding Sec. 334.104, which deals
with the length of the IPA assignment. Some agencies believe that the
proposed provisions are more restrictive than the present ones. A few
agencies, including NSF, felt that rather than providing additional
flexibility, the suggested changes actually limit the flexibility they
now have under the current regulations.
Section 334.104(b) would place a 6-year lifetime on both Federal
and non-Federal assignees. This drew quite a bit of criticism from
agencies, especially those involved in research and development (R&D)
like the Office of Naval Research. They felt that this regulation could
severely damage their ability to utilize non-Federal scientific
expertise. They argue that it takes a considerable amount of time for a
scientist to become knowledgeable on a research project and it would be
fiscally irresponsible to have to bring in a new person because of the
6-year limit. We certainly don't want to limit the flexibility agencies
will need to effectively operate this program by placing unnecessary
regulatory burdens on them. Section 334.104(b) has been changed in
order to remove the 6-year limit on non-Federal assignees. The limit
remains for Federal employees.
There was also considerable concern with Sec. 334.104(c), which
would require individuals to return to their original employers at the
end of an assignment for a length of time equal to the assignment
before participating again in the IPA program. The Department of
Transportation felt that there might be a valid situation, because of
an individual's special expertise, when such a break could be
detrimental to the agency. Others thought the proposal has the
potential to increase costs dramatically and impact mission
accomplishment. We will modify Sec. 334.104(c) to reflect the current
requirement of a 12-month break after four years on assignment.
Section 334.105(a) requires Federal employees to serve with the
Federal Government upon completion of their assignment for a period
equal to the length of the assignment. This is known as the obligated
service requirement. The Department of the Navy would like to see this
section done away with. However, one of the original objectives of the
mobility program was to ``provide program and developmental experience
which will enhance the assignee's performance in his or her regular
job.'' This requirement assures that the individual will return to his
or her Federal Government job with newly acquired skills. Therefore, we
feel it is too important to discard. There are no changes to this
section.
Section 334.105(b) requires an employee, who fails to carry out the
provisions of Sec. 334.105(a), to reimburse the Federal agency for its
share of the costs of the assignment. These costs, however, do not
include salary or, as noted by one of the agencies, benefits. This
requires a minor change to Sec. 334.105(b). In addition, this section
[[Page 23127]]
also allows for a waiver of the reimbursement when the agency head, or
his or her designee, feel there is good and sufficient reason to do so.
This waiver authority should provide sufficient flexibility for those
agencies concerned about the severity of Sec. 334.105(a).
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because the
regulations pertain only to Federal employees and agencies.
List of Subjects in 5 CFR Part 334
College and universities, Government employees, Indians,
Intergovernmental relations.
U.S. Office of Personnel Management.
James B. King,
Director.
Accordingly, OPM is amending 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 334.103 is revised to read as follows:
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 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
(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 enter into mobility agreements.
(d) An organization denied certification by an agency may request
reconsideration by the Office of Personnel Management.
3. 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, or his or her designee, for up to 2
more years, given the concurrence of the other parties to the
agreement.
(b) A Federal agency may not send on assignment an employee who has
served on mobility assignments for more than a total of 6 years during
his or her Federal career. This applies only to Federal employees. The
Office of Personnel Management 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 on assignment an
employee who has served under the mobility authority for 4 continuous
years without at least a 12-month return to duty with the organization
from which originally assigned.
4. 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 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.
5. 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. 97-11048 Filed 4-28-97; 8:45 am]
BILLING CODE 6325-01-M
