[Federal Register: August 22, 2003 (Volume 68, Number 163)]
[Proposed Rules]
[Page 50726-50727]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au03-22]
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Proposed Rules
Federal Register
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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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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 334
RIN 3206-AJ94
Temporary Assignment of Employees Between the Federal Government
and State, Local, and Indian Tribal Governments, Institutions of Higher
Education, and Other Eligible Organizations
AGENCY: Office of Personnel Management (OPM).
ACTION: Proposed rule.
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SUMMARY: The Office of Personnel Management is proposing a plain
language rewrite of its regulations regarding the Intergovernmental
Personnel Act (IPA) Mobility Program as part of a broader review of
OPM's regulations. The purpose of the revision is to make the
regulations more readable.
DATES: Comments must be received on or before October 21, 2003.
ADDRESSES: Send or deliver comments to Susan M. Barker, Manager,
Recruitment, Examining, and Assessment Group, Office of Personnel
Management, Room 6500, 1900 E Street NW., Washington, DC, 20415, fax:
(202) 606-0390, or e-mail them to smbarker@opm.gov.
FOR FURTHER INFORMATION CONTACT: Susan M. Barker by telephone at (202)
606-2226; by fax at (202) 606-0390; or by e-mail at smbarker@opm.gov.
SUPPLEMENTARY INFORMATION: OPM is issuing proposed regulations
implementing the provisions in 5 U.S.C. 3371-3376 that concern the
temporary assignment of employees to and from States. The purpose of
these proposed revisions to part 334 is not to make substantive
changes, but rather to enhance the clarity and improve the readability
of the regulations. To achieve these ends, we have converted the
regulations to a question-and-answer format. In addition, to further
clarify this rule, we are soliciting comment on whether certain
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; and/
or (2) a ``Federal-State authority or instrumentality'' as cited in 5
U.S.C. 3371.
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.
List of Subjects in 5 CFR part 334
Colleges and universities, Government employees, Indians,
Intergovernmental relations.
Kay Coles James,
Director, Office of Personnel Management.
Accordingly, OPM is proposing to revise 5 CFR part 334 to read as
follows:
PART 334--TEMPORARY ASSIGNMENT OF EMPLOYEES BETWEEN THE FEDERAL
GOVERNMENT AND STATE, LOCAL, AND INDIAN TRIBAL GOVERNMENTS,
INSTITUTIONS OF HIGHER EDUCATION, AND OTHER ELIGIBLE ORGANIZATIONS
Sec.
334.101 What is the purpose of this part?
334.102 Definitions.
334.103 What are the requirements for an organization to participate
in this program?
334.104 What is the duration of an assignment in this program?
334.105 Must Federal employees return to the Government at the end
of an assignment?
334.106 Is there a requirement for a written agreement?
334.107 What are the rules for terminating an assignment?
334.108 Are any reports required with this program?
Authority: 5 U.S.C. 3376; E.O. 11589, 3 CFR 557 (1971-1975).
Sec. 334.101 What is the purpose of this part?
The purpose of this part is to implement the objectives of title IV
of the Intergovernmental Personnel Act of 1970 and title VI of the
Civil Service Reform Act. These statutes authorize the temporary
assignment of employees 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., Presidential Management
Intern program, the Federal Career Intern program, 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 has the same meaning as in 5 U.S.C. 3371(3);
Indian tribal government has the same meaning as in 5 U.S.C.
3371(2)(C);
Institution of higher education means a domestic, accredited public
or private 4-year college or university, or a technical or junior
college;
Local government has the same meaning as in 5 U.S.C. 3371(2)(A) and
(B);
Other organization has the same meaning as in 5 U.S.C. 3371(4); and
State has the same meaning as in 5 U.S.C. 3371(1).
334.103 What are the requirements for an organization to participate
in this program?
(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
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(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 What is the duration of an assignment in this program?
(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 provision 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.
Sec. 334.105 Must Federal employees return to the Government at the
end of an assignment?
(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.
Sec. 334.106 Is there a requirement for a written agreement?
(a) Before the assignment begins, the assigned employee and the
Federal agency, the State, local, or Indian tribal government,
institution of higher education, or other eligible organization shall
enter into a written agreement recording the obligations and
responsibilities of the parties, as specified in 5 U.S. Code 3373-3375.
(b) Federal agencies must maintain a copy of each assignment
agreement form as well as any modification to the agreement.
Sec. 334.107 What are the rules for terminating an assignment?
(a) An assignment may be terminated at any time at the request of
the Federal agency or the State, local, or Indian tribal government,
institution of higher education, or other organization 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 his/
her 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 and his/her
original employer
(d) The Office of Personnel Management shall have the authority to
direct Federal agencies to terminate assignments or take other
corrective actions when assignments are found to have been made in
violation of the requirements of the Intergovernmental Personnel Act
and/or this part.
Sec. 334.108 Are any reports required with this program?
A Federal agency which assigns an employee to, or receives an
employee from, a State, local, or Indian tribal government, institution
of higher education or other eligible organization in accordance with
this part shall submit to the Office of Personnel Management such
reports as the Office of Personnel Management may request.
[FR Doc. 03-21417 Filed 8-21-03; 8:45 am]
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