Revised Intergovernmental Personnel Act
Revised
Intergovernmental Personnel Act (IPA) mobility program
regulations (5 CFR part 334), effective May 29, 1997, allow
federal agencies to operate in a more efficient and productive
manner. These new regulations contain two major changes.
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Agencies are now responsible for certifying the
eligibility of "other organizations" for
participation in the mobility program. Previously, this
certification was done by the Office of Personnel
Management.
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Agencies need no longer submit assignment agreements to
the Office of Personnel Management. The information in
this publication will assist agencies in their day-to-day
management of the mobility program. questions or comments
about these procedures.
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Purpose
of Program
Assignments to or from state and local governments,
institutions of higher education, Indian tribal governments and
other eligible organizations are intended to facilitate
cooperation between the Federal Government and the non-Federal
entity through the temporary assignment of skilled personnel.
These assignments allow civilian employees of Federal agencies to
serve with eligible non-Federal organizations for a limited
period without loss of employee rights and benefits. Employees of
State and local governments, Indian tribal governments,
institutions of higher education and other eligible organizations
may serve in Federal agencies for similar periods. The legal
authority for assignments under the Intergovernmental Personnel
Act is 5 USC sections 3371 through 3375. The regulations can be
found in Code of Federal Regulations (CFR), part 5, chapter 334.
Each assignment should be made for purposes which the Federal
agency head, or his or her designee, determines are of mutual
concern and benefit to the Federal agency and to the non-Federal
organization. Each proposed assignment should be carefully
examined to ensure that it is for sound public purposes and
furthers the goals and objectives of the participating
organizations. Assignments arranged to meet the personal
interests of employees, to circumvent personnel ceilings, or to
avoid unpleasant personnel decisions are contrary to the spirit
and intent of the mobility assignment program.
The goal of the Intergovernmental Personnel Act mobility
program is to facilitate the movement of employees, for short
periods of time, when this movement serves a sound public
purpose. Mobility assignments may be used to achieve objectives
such as:
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strengthening the management capabilities of Federal
agencies, State, local and Indian tribal governments, and
other eligible organizations;
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assisting the transfer and use of new technologies and
approaches to solving governmental problems;
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facilitating an effective means of involving state and
local officials in developing and implementing Federal
policies and programs; and,
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providing program and developmental experience which will
enhance the assignee's performance in his or her regular
job.
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Coverage
Certification of "Other
Organizations"
The Intergovernmental Personnel Act regulations specify that
"other organizations" are eligible to participate and
define what an "other organization" is. They also
require that entities interested in participating in the mobility
program as an "other organization" have eligibility
certified by the Federal agency with which they are entering into
an agreement. If an organization has already been certified by an
agency, this certification is permanent and may apply throughout
the Federal Government. Another agency can accept this
certification or require an organization to submit the
appropriate paperwork for review. Requests for certification
should include a copy of:
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the organization's articles of incorporation;
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bylaws;
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Internal Revenue Service (IRS) letter of nonprofit
status; and
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any other information describing the organization's
activities as they relate to the public management
concerns of governments or universities.
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Length
of Assignment
Assignment agreements can be made for up to two years, and may
be intermittent, part-time, or full-time. The agency head, or his
or her designee, may extend an assignment for an additional two
years when the extension will be to the benefit of both
organizations.
5 CFR part 334 states that an employee who has served for four
continuous years on a single assignment may not be sent on
another assignment without at least a 12-month return to duty
with his or her regular employer. Successive assignments without
a break of at least 60 calendar days will be regarded as
continuous service under the mobility authority.
The regulations prohibit a Federal agency from sending on
assignment an employee who has served on mobility assignments for
more than a total of six years. The Office of Personnel
Management may waive this provision upon the written request of
the agency head.
In the case of assignments made to Indian tribes or tribal
organizations, the agency head (or designee), may extend the
period of assignment to any length of time where it is determined
that the assignment will continue to benefit both the Federal
agency and the Indian tribe or tribal organization.
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Reimbursement
for Assignment
Cost-sharing arrangements for mobility assignments are
negotiated between the participating organizations. The Federal
agency may agree to pay all, some, or none of the costs
associated with an assignment. Costs may include basic pay,
supplemental pay, fringe benefits, and travel and relocation
expenses.
Agencies may consider the income from certain private
consulting work as part of the academic pay of university
employees. Specifically, when the regular tour of duty for a
university employee includes an allotment of time for consulting,
or when the employee is performing any job-related consulting
that cannot be continued during the assignment, the income
received from the consulting may be regarded as part of the
employee's academic pay.
Agencies should not authorize reimbursement for indirect or
administrative costs associated with the assignment. This
includes charges for preparing and maintaining payroll records,
developing reports on the mobility assignment, and negotiating
the agreement. Other prohibited costs include tuition credits,
office space, furnishings, supplies, staff support and computer
time.
Cost-sharing arrangements should be based on the extent to
which the participating organizations benefit from the
assignment. The larger share of the costs should be absorbed by
the organization which benefits most from the assignment.
Exceptions might occur when an organization's resources do not
permit costs to be shared on a relative benefit basis.
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Travel, Relocation, and Per Diem
A Federal agency may pay the travel expenses authorized under
the Federal Travel Regulation (FTR) (41 CFR chapters 301-304)
chapter 301 of a Federal employee or non-Federal employee on an
Intergovernmental Personnel Act assignment. An agency may pay a
per diem allowance at the assignment location in accordance with
FTR part 301-7, or the following limited relocation expenses:
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travel and transportation expenses of the employee to and
from the assignment location under FTR part 302-2;
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travel and transportation expenses of the employee's
immediate family to and from the assignment location
under FTR part 302-2;
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transportation and temporary storage expenses of the
employee's household goods and personal effects under FTR
part 302-8;
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temporary quarters subsistence expenses under FTR part
302-5 at the time the assignment commences and at the
time the assignment is completed;
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a miscellaneous expense allowance under FTR part 302-3;
and
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the expenses of non-temporary storage of the employee's
household goods and personal effects under FTR part
302-9, when the employee is assigned to an isolated
location.
An agency may select between payment of a per diem allowance
at the assignment location or the limited relocation expenses,
but may not pay both. However, an agency may pay per diem for
travel away from the assignment location, even if it pays the
limited relocation allowances, so long as the employee does not
travel to his/her official station. An agency should consider the
cost to the Federal Government to be a major factor when
determining whether to pay a per diem allowance at the assignment
location or limited relocation allowances. An agency should also
consider the duration of the assignment. A per diem allowance is
meant for shorter assignments. The payment of per diem for an
indeterminate period or a period of more than one year is taxable
to an employee, so an agency should not pay a per diem allowance
for an assignment expected to last more than one year, or for an
indefinite period.
If an agency pays a per diem allowance at the assignment
location, the per diem allowance may be paid only for the
individual on the mobility assignment. If an agency pays
relocation, the agency may pay transportation expenses for the
immediate family of the employee. An agency, however, cannot pay
the expenses of selling or purchasing a residence, nor the
expenses of property management services while the employee is on
the assignment. An agency may not authorize a temporary change of
station under subparts C and D of FTR part 302-1 to transfer an
employee to the assignment location.
The employee must sign a service agreement for one year or the
length of the assignment, whichever is shorter, to be eligible
for payment of per diem at the assignment location or limited
relocation expenses. The employee will be responsible for
repaying any expenses if he or she fails to complete the service
agreement, unless the reasons for failing to complete the
agreement are beyond his or her control. In addition, Federal
agency officials may waive the requirement to pay back expenses
if they feel the waiver is justified. The service agreement does
not cover travel expenses paid when the employee travels away
from the assignment location.
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Standards of Conduct and Conflict-of-interest
Provisions
A non-Federal employee on assignment to a Federal agency,
whether by appointment or on detail, is subject to a number of
provisions of law governing the ethical and other conduct of
Federal employees. Title 18, United States Code, prohibits
certain kinds of activity:
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receiving compensation from outside sources for matters
affecting the Government (section 203),
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acting as agent or attorney for anyone in matters
affecting the Government (section 205),
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acting or participating in any matter in which he or she,
the immediate family, partner; or, the organization with
which he or she is connected has a financial interest
(section 208),
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receiving salaries or contributions from other than
Government sources for his or her Government services
(section 209),
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soliciting political contributions (sections 602 and
603),
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intimidating to secure political contributions (section
606),
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failing to account for public money (section 643),
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converting property of another (section 654),
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disclosing confidential information (section 1905); and,
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lobbying with appropriated funds (section 1913).
Non-Federal employees are also subject to the Ethics in
Government Act of 1978; 5 CFR part 735 which regulates employee
responsibilities and conduct; as well as agency standards of
conduct regulations. The Intergovernmental Personnel Act does not
exempt a Federal employee, whether on detail or on leave without
pay, from Federal conflict-of-interest statutes when assigned to
a non-Federal organization. The Federal employee may not act as
an agent or attorney on behalf of the non-Federal entity before a
Federal agency or a court in connection with any proceeding,
application, or other matter in which the Federal Government is a
party or has a direct and substantial interest. The Federal
agency should be particularly alert to any possible
conflict-of-interest, or the appearance thereof, which may be
inherent in the assignment of one of its employees.
Conflict-of-interest rules should be reviewed with the employee
to assure that potential conflict-of-interest situations do not
inadvertently arise during an assignment.
Under the terms of the Indian Self-Determination and
Educational Assistance Act, Federal employees on assignment
to an Indian tribal government are exempt from
conflict-of-interest provisions concerning representational
activities, provided the employee meets notification
requirements. Federal employees may act as agents or attorneys
for, or appear on behalf of, such tribes in connection with any
matter pending before any department, agency, court, or
commission, including any matter in which the United States is a
party or has a direct and substantial interest. The Federal
assignee must advise, in writing, the head of the department,
agency, court, or commission with which he or she is dealing or
appearing on behalf of the tribal government, of any personal and
substantial involvement he or she may have had as an officer or
employee of the United States in connection with the matter
involved.
Non-Federal employees on assignment to the Federal Government
are subject to the provisions of 5 USC chapter 73, United States
Code (Suitability, Security, and Conduct, including restrictions
on political activity), and any applicable non-Federal
prohibitions.
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Arranging
an Assignment
Assignments under the Intergovernmental Personnel Act are
management-initiated. Development of the proposed assignment
should be controlled by management. The benefits to the Federal
agency and the non-Federal organization are the primary
considerations in initiating assignments; not the desires or
personal needs of an individual employee. The assignment is
voluntary and must be agreed to by the employee. Regulations
require that an assignment must be implemented by a written
agreement.
When developing an assignment which involves the movement of a
non-Federal employee to a Federal agency, the agreement should
specify that the employee can return to the non-Federal position
occupied prior to the assignment or to one of comparable pay,
duties and seniority and that the employee's rights and benefits
will be fully protected.
Federal agencies should use their own form for recording the
agreement. The specific content of the agreement may vary
according to the assignment. Agency forms should provide, at a
minimum, the following information:
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name, social security number, current job title, salary,
classification, and address of the employee,
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parties to the agreement (both Federal and non-Federal
organizations),
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position information, including organizational location
of both the original position and the position entered
into under the agreement,
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type of assignment (e.g., detail or leave without pay;
non-Federal to Federal; Federal to non-Federal), and
period covered by the assignment agreement,
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goals of the assignment and a brief statement of how the
goals are to be achieved,
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relative benefits accruing to each organization and the
cost-sharing arrangement based on these benefits,
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how increased knowledge, skills and abilities gained by
the employee during the assignment will be utilized at
the completion of the assignment,
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applicability of Federal conflict-of interest laws,
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decisions of the Federal agency and the non-Federal
organization concerning the employee's salary,
supervision, payment of travel and transportation
expenses, supplemental pay, entitlement to leave and
holidays, provisions for reimbursement and the method of
reimbursement,
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arrangements for maintaining leave records,
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employee benefits that will be retained; and,
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Privacy Act Statement.
The agreement should also make clear that if an employee is
paid allowable travel, relocation, and per diem expenses, he or
she must complete the entire period of the assignment or one
year, whichever is shorter, or reimburse the Government for those
expenses.
For Federal employees the agreement should assure that the
assignee knows of his or her obligation to return to the Federal
service for a time equal to the length of the assignment, or be
liable for all expenses (exclusive of salary and benefits)
associated with the assignment.
The cost-sharing arrangements involved in a mobility
assignment are worked out between the participating
organizations. The Federal agency may agree to pay all, some, or
none of the costs of an assignment. Such costs may include
employee pay, fringe benefits, relocation costs, and travel and
per diem expenses.
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Termination
of an Assignment
An assignment may be terminated at any time at the option of
the Federal or non-Federal organization. Where possible, the
party terminating the agreement before the original completion
date should give a 30-day notice to all parties involved. This
notification should be in writing and should include the reasons
for the termination. The Office of Personnel Management may
terminate an assignment or take other corrective actions when an
assignment is found to violate the Intergovernmental Personnel
Act regulations. A mobility assignment must be terminated
immediately whenever the assignee is no longer employed by his or
her original employer, regardless of whether the assignment is a
detail or an appointment.
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Changes to the Assignment Agreement
Any significant changes in an employee's duties,
responsibilities, salary, work assignment location or supervisory
relationships should be duly recorded as a modification to the
original agreement. The assignment agreement for each employee
must always be accurate, complete, and current. Minor changes
such as salary increases due to annual pay adjustments, changes
in benefits due to revised coverage, and very short-term changes
in duties do not require a modification to the original
agreement.
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Oversight
The Office of Personnel Management will maintain oversight
over agencies' use of the Intergovernmental Personnel Act
program. It is imperative that agencies maintain accurate records
of all Intergovernmental Personnel Act assignments (see Arranging
an Assignment) as well as eligibility certifications of
"other organizations." In addition, the Office of
Personnel Management's Office of Merit Systems Oversight and
Effectiveness may conduct, as appropriate, reviews of agencies'
administration of the Intergovernmental Personnel Act program.
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