[Material Transmitted]{.underline}:

Department of Health and Human Services (HHS) Instruction 334-1,
Temporary Assignments of Personnel under the Intergovernmental Personnel
Act, dated March 28, 2008.

[Material Superseded]{.underline}:

HHS Instruction 334-1, Temporary Assignments of Personnel under the
Intergovernmental Personnel Act, dated March 7, 1996.

[Background]{.underline}:

This Instruction has been superseded due to the revision of
Intergovernmental Personnel Act regulations (5 CFR part 334), effective
May 29, 1997. This revised regulation transferred from the Office of
Personnel Management (OPM) to agencies the responsibility for certifying
the eligibility of "other organizations" for participation in the
mobility program; discontinued the requirement of agencies to submit
assignment agreements to OPM; and required agencies to maintain records.

In addition, the HHS Human Capital Accountability Policy effective June
2, 2006 authorized the Office of Human Resources to conduct periodic
Human Capital and Human Resource Management reviews of Human Capital
documents within OPDIVs and operating Human Resource organizations to
verify and validate the level of Department performance across all
components and geographic areas in Human Capital management.

This issuance is effective immediately. Implementation under this
issuance must be carried out in accordance with applicable laws,
regulations, bargaining agreements, and Departmental policy.

Antonia T. Harris

Deputy Assistant Secretary for Human Resources

Assistant Secretary for Administration and

Management

INSTRUCTION 334-1

**SUBJECT: TEMPORARY ASSIGNMENT OF PERSONNEL UNDER THE INTERGOVERNMENTAL
PERSONNEL ACT (IPA)**

334-1-00 Purpose

10. References

334-1-20 Coverage and Exclusions

334-1-30 Responsibilities

334-1-40 IPA Nature of Assignments

334-1-50 Certification of Eligibility of "Other Organizations"

334-1-60 Documentation, Recordkeeping, and Accountability

**334-1-00 PURPOSE**

The purpose of this Instruction is to provide policy and guidance for
the Intergovernmental Personnel Act (IPA) of 1970 and Title VI of the
Civil Service Reform Act which authorize the temporary assignment of
employees between Federal agencies and State, local, and Indian Tribal
governments, institutions of higher education and other eligible
organizations. Assignments may be made by detail or appointment.

**334-1-10 REFERENCES**

A.  The Intergovernmental Personnel Act of 1970, 5 USC § 3371 -- 3375
    (Examination, selection, and placement assignments to and from
    States)

B.  5 CFR § 334 (Revised Intergovernmental Personnel Act, 5/29/97)

C.  HHS Human Capital Accountability System Policy, June 2, 2006

D.  Personnel Aspects of the Indian Self-Determination and Education
    Assistance Act, Public Law 93 -- 638 Handbook (HHS, 10/10/2000)

    20. **COVERAGE AND EXCLUSIONS**

```{=html}
<!-- -->
```
A.  Coverage

This instruction is applicable to career or career conditional employees
of Federal agencies, employees under equivalent excepted service
appointments, career Senior Executive Service employees, and individuals
employed for at least 90 days in career positions with a State, local,
or Indian tribal government, institution of higher education, or other
eligible organization.

B.  Exclusions

This Policy does not apply to members of the U.S. Public Health Service
Commissioned Corps or Special Purpose IPA agreements made under Public
Law 93-638, the Indian Self-Determination and Education Assistance Act.
(Refer to Personnel Aspects of the Indian Self-Determination and
Education Assistance Act, Public Law 93 -- 638 Handbook.)

30. **RESPONSIBILITIES**

A. The Office of Human Resources (OHR) is responsible for:

1.  Interpreting the provisions of the Intergovernmental Personnel Act;

2.  Developing Departmental policy; disseminating information and
    instructions to Operating Divisions (OPDIVs), and Operating Human
    Resources Organizations;

3.  Approving IPA assignments to or from the immediate staffs of elected
    chief executives of State or local governments; and

4.  Reviewing and forwarding to OPM, upon concurrence, OPDIV requests
    for a Federal employee to participate in the IPA program beyond the
    six (6) year maximum restriction during his or her Federal career.

B. OPDIVs are responsible for:

1.  Promoting the use of the IPA assignments;

2.  Identifying assignments that are of mutual benefit to the agency and
    the organization;

3.  Submitting all necessary IPA documents to operating Human Resource
    organizations for approval and processing;

4.  Submitting documentation requesting IPA assignments to or from the
    immediate staffs of elected chief executives of State or local
    governments through the operating Human Resources organization to
    the DASHR for approval;

5.  Submitting documentation, through the operating Human Resources
    organization to the DASHR, requesting an exception to the limitation
    of a Federal employee to a maximum of six (6) years participation
    (during his or her Federal career) in the IPA program;

6.  Approving IPA assignments for up to two years and approving the
    extension of assignments up to an additional two years;

7.  Determining if waiver of repayment of expenses is appropriate for
    failure to complete obligated service agreement upon completion of
    an IPA assignment, and waiving repayment of above IPA expenses, if
    appropriate;

8.  Providing periodic written performance assessments.

```{=html}
<!-- -->
```
C.  Operating Human Resources organizations are responsible for:

    1.  Reviewing and approving documents for certification of
        eligibility of "other organizations" and;

    2.  Processing all requisite personnel actions for IPA assignments
        for serviced organizations;

    3.  Reviewing and forwarding to DASHR, OPDIV requests for IPA
        appointments to or from the immediate staffs of elected chief
        executives of State or local governments;

    4.  Reviewing and forwarding to DASHR, OPDIV requests for a Federal
        employee to participate in the IPA program beyond the six (6)
        year maximum restriction during his or her Federal career;

    5.  Maintaining accurate listings of approved certifications of
        eligibility of organizations; and

    6.  Maintaining records of agreements.

        40. **IPA NATURE OF ASSIGNMENTS**

IPA assignments may be by detail, excepted appointment, or by leave
without pay. Federal employees, by consent, may be assigned to a
non-Federal organization either on a *detail* or in *leave without pay*
status. Non-Federal employees may be assigned to a Federal organization
on a *temporary excepted appointment* or on a *detail.*

A.  Federal Employee IPA Assignments

```{=html}
<!-- -->
```
1.  A Federal employee on a detail or leave without pay IPA assignment
    remains an employee of the OPDIV and retains the rights and benefits
    attached to that status.

2.  A Federal employee may not participate in the IPA program more than
    a total of 6 years during his or her Federal career. OPM may waive
    this restriction upon the written request of the DASHR.

3.  An OPDIV cannot send or receive an employee on an assignment if the
    employee has participated in this program for four (4) continuous
    years without at least a 12-month return to duty with the
    organization, with the exception of assignments to Indian tribes or
    tribal organizations.

4.  In the case of assignments made to Indian tribes or tribal
    organizations, the OPDIV may extend the period of assignment for 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.

5.  Federal employees must agree to serve with the Federal Government a
    period equal to the length of the assignment. They can return to
    their same or an equivalent position.

```{=html}
<!-- -->
```
B.  Non-Federal Employee IPA Assignments

    1.  Detail

```{=html}
<!-- -->
```
a.  Non-Federal employees detailed to OPDIVS remain employees of the
    outside organization.

b.  They are not eligible to enroll in Federal health benefits programs,
    group life insurance, or the Federal retirement systems.

c.  They are not employees of OPDIVS and may not serve in a line
    management position, i.e., positions with delegated authority to
    implement or administer grants, contracts, policies, or human
    resource issues.

d.  They may serve in an advisory or consultative capacity, or in a
    staff assignment.

e.  They may provide day-to-day supervision of employees, but may not
    serve as "official supervisors". The exercise of official
    supervisory authorities over employees is reserved to designated
    employees of the Department.

    1.  Temporary Excepted Appointment

        a.  Non-Federal employees who receive IPA excepted appointments
            are considered temporary Federal employees. They are
            eligible for within-grade-increases if they are on
            appointments for more than one year. They are entitled to
            locality pay and other pay differentials, and earn leave as
            other Federal employees.

        b.  They are not eligible to enroll in the Federal Employees
            Health Benefits program unless their Federal appointment
            results in the loss of coverage under the non-Federal health
            benefits system.

        c.  Non-Federal employees appointed in the excepted service, as
            temporary employees, may be assigned to line management
            positions.

**334-1-50 CERTIFICATION OF ELIGIBILITY OF "OTHER ORGANIZATIONS"**

Operating Human Resources organizations are responsible for final review
and approval of certification of eligibility requests of "other
organizations". OPDIVs are responsible for obtaining and reviewing all
required documentation of "other organizations" interested in
participating in an IPA assignment within the respective OPDIVs. The
review process must ensure that organizations certified are official
non-profit incorporated businesses with the requisite Office of
Personnel Management documentation. Organizations must demonstrate their
principle purpose to offer professional advisory, research, educational,
or developmental services to governments or universities concerned with
public management. OPDIVs will submit all certification documents, along
with required IPA documents, to their operating Human Resources
organizations for final approval.

**334-1-60 DOCUMENTATION, RECORDKEEPING, AND ACCOUNTABILITY**

A.  Documentation

```{=html}
<!-- -->
```
1.  [Certification of Eligibility documentation for "other
    organizations.]{.underline}" Evidence of eligibility includes the
    following:

    a.  Articles of Incorporation;

    b.  Bylaws;

    c.  Internal Revenue Service nonprofit statement;

    d.  Any other information describing the organization's activities
        as they relate to professional advisory, research, educational,
        or development services or similar services to governments or
        universities; and/or

    e.  A copy of a previously issued certification signed and dated by
        an authorized official of the certifying Federal agency.

2.  [One of the following IPA Assignment Agreements]{.underline},
    completed and signed:

    a.  CDC Form 0.69 (E) Assignment Agreement: applicable to CDC;

    b.  HHS Modifications to OPM's Optional Form (OF) 69: applicable to
        NIH; or

    c.  OF 69: Assignment Agreement (Title IV) of the Intergovernmental
        Personnel Act of 1970): applicable to HHS OPDIVs excluding CDC
        and NIH.

3.  [Completed Request for Personnel Action]{.underline}, Standard Form
    52, authorizing the action for IPA excepted appointments, details,
    or leave without pay assignments.

B. Recordkeeping

1.  Approved Certifications of Eligibility: Operating Human Resources
    organizations will maintain lists of organizations certified for
    eligibility to participate in the IPA program. OHR will post lists
    of organizations to the HHS intranet.

2.  Records of IPA Agreements and extensions of assignment agreements
    and other related documents must be maintained in the operating
    Human Resources organizations for three years from the end of each
    detail or appointment.

C. Accountability

In compliance with the HHS Accountability and Analysis System
requirements, the Department may conduct periodic reviews of OPDIVs and
operating Human Resources organizations regarding administration of the
Intergovernmental Personnel Act Program.