United States Office of Government Ethics
1201 New York Avenue, NW., Suite 500
Washington, DC  20005-3917


        			May 11, 2006
      				DO-06-015



MEMORANDUM

TO:		Designated Agency Ethics Officials 

FROM:		Marilyn L. Glynn
		Acting Director

SUBJECT:	Publication of proposed rule to clarify the status of 	
		IPA detailees


	Today, the Office of Government Ethics (OGE) is publishing 
in the Federal Register a proposed rule to amend 5 C.F.R. 
part 2635, the "Standards of Ethical Conduct for Employees of 
the Executive Branch."  71 Federal Register 27427.  The proposed 
rule would clarify the detailees to an agency from a State or 
local government or other organization, under the 
Intergovernmental Personnel Act (IPA), 5 U.S.C. § 3374, are 
covered by the Standards.

	The proposed rule reflects the 2001 amendments to the IPA, 
which subjected IPA detailees to the Ethics in Government Act of 
1978 (EIGA), including the regulatory authority of OGE in 
Title IV of the EIGA.  See National Defense Authorization Act 
for Fiscal Year 2002, Pub. L. No. 101-107, § 1117, December 28, 
2001.  Prior to the 2001 amendments, IPA detailees generally 
were not subject to the EIGA, and OGE had advised agencies that 
IPA detailees were not subject to certain provisions of 5 C.F.R. 
part 2635.  OGE is proposing to clarify that IPA detailees now 
are covered "employees" for purposes of part 2635.  Accordingly, 
the proposed rule would amend the definition of employee in 
§ 2635.102(h) to include IPA detailees.

	The proposed rule also addresses the status of IPA 
detailees for purposes of agency supplemental regulations, 
issued under section 2635.105.  OGE realizes that some agencies 
already have promulgated supplemental regulations upon the 
express understanding that IPA detailees would not be covered.  
OGE understands that some of these agencies may have included 
certain restrictions, such as certain prohibited holdings or 
outside activities, that may not be necessary or appropriate for 
IPA detailees at those agencies.  Consequently, OGE is proposing 
to amend section 2635.105 to provide that IPA detailees are 
covered by restrictions in a supplemental agency regulation to 
the extent that the regulation expressly so provides.  Agencies 
wishing to cover IPA detailees would need to amend those 
regulations; in the interim, as described in the preamble to the 
proposed rule, those agencies would be permitted to continue to 
obtain compliance with supplemental restrictions through 
agreements governing the terms of the IPA detail.

	Agencies and the public are invited to comment on the 
proposed rule.  Written comments must be received before 
July 10, 2006.