OPM Intergovernmental Personnel Act Assignments — Temporary Employee Exchanges Between Federal, State, and Local Government
Legal Authority
- 5 U.S.C. § 3376 — Intergovernmental Personnel Act of 1970; authorizes temporary assignments of employees between federal agencies and state, local, and tribal governments, universities, and eligible nonprofits; establishes the return-service obligation framework
- 5 CFR Part 334 — OPM implementing regulation; establishes eligibility criteria for partner organizations, assignment duration limits (2+2 years), return-service obligation, written three-party agreement requirement, and reporting obligations
Key Mechanics
The Intergovernmental Personnel Act (IPA) mobility program allows federal agencies to temporarily assign employees to — and receive employees from — state governments, local governments, Indian tribal governments, institutions of higher education, and eligible nonprofits. Assignments may last up to 2 years, extendable for up to 2 more years by mutual agreement (4-year maximum). Federal employees on IPA assignments retain their federal pay, benefits, retirement credit, and civil service status throughout; the assignment does not break career continuity. Before the assignment begins, the employee, federal agency, and receiving organization must sign a written three-party agreement documenting the purpose, expected benefits, work scope, pay arrangements, and return-service terms. A return-service obligation is mandatory: the federal employee must return to and serve with the government for a period equal to the assignment length after completion; failure to return triggers prorated repayment of assignment costs to the government. Salary costs are typically shared or borne by the receiving organization under the agreement terms. The program cannot be used as an outsourcing mechanism — positions created specifically to enable an assignment do not qualify. Nonprofits seeking participation as "other organizations" require eligibility certification from the partner federal agency.
Current Rule (2026)
| Parameter | Value |
|---|---|
| Citation | 5 CFR Part 334 |
| Issuing agency | Office of Personnel Management (OPM) |
| Statutory authority | 5 U.S.C. § 3376 (Intergovernmental Personnel Act of 1970) |
| Last major amendment | No recent Federal Register amendments |
What This Rule Does
Federal agencies and state, local, or tribal governments often work on overlapping policy and program challenges but rarely have mechanisms to share their workforces. A state environmental regulator might benefit from time working in the EPA to understand federal permitting processes. A federal transportation planner might gain from an assignment to a metropolitan planning organization to understand local implementation challenges. The Intergovernmental Personnel Act (IPA) of 1970 created the legal framework for these temporary, reversible employee exchanges.
Five CFR Part 334 implements the IPA mobility program. It allows federal agencies to temporarily assign their employees to state governments, local governments, Indian tribal governments, institutions of higher education, and other eligible organizations — and to receive employees from those entities — for periods of up to four years. Employees on IPA assignments generally retain their home agency's pay, benefits, and status; the assignment does not break their career continuity or civil service rights.
Key Provisions
- § 334.101 — Statutory basis: implements Title IV of the IPA of 1970 and Title VI of the Civil Service Reform Act; authorizes temporary assignments between the federal government and state, local, and Indian tribal governments, institutions of higher education, and eligible "other organizations"
- § 334.102 — Definitions: "assignment" means a temporary detail of a federal employee to an eligible organization or a temporary detail of an eligible organization's employee to a federal agency; "employee" covers both federal employees and employees of eligible partner organizations; "institution of higher education" has the same meaning as in federal education law; "other organization" includes nonprofit organizations certified as eligible
- § 334.103 — Certification of eligible organizations: organizations seeking to participate as "other organizations" (nonprofits and similar entities beyond government bodies and universities) must have their eligibility certified by the federal agency they will partner with; the certifying agency evaluates whether the organization's mission and activities align with the program's governmental purpose
- § 334.104 — Assignment duration: a federal agency may assign an employee for up to 2 years, extendable for up to 2 more years (total maximum of 4 years) if both parties agree; a federal agency may not send an employee on assignment if that person is a federal employee whose position was created specifically to enable the assignment (designed to prevent the authority from being misused as an outsourcing mechanism)
- § 334.105 — Service obligation (return agreement): a federal employee assigned under this part must agree, as a condition of accepting the assignment, to return to and serve with the federal government for a period equal in length to the assignment period after its completion; if the employee fails to return and serve, they must repay the federal government for the cost of the assignment, prorated for time not served; this obligation ensures the federal government gets value from the investment
- § 334.106 — Written agreement: before an assignment begins, the assigned employee, the federal agency, and the receiving organization must enter into a three-party written agreement documenting: the purpose of the assignment, the expected benefits to each party, the work the employee will perform, the pay and benefits arrangements, and the return-service obligation; the agreement must be executed before the employee begins work at the receiving organization
- § 334.107 — Termination: either the federal agency or the partner organization may terminate an assignment at any time; where possible, notice should be given to allow for transition; the federal agency retains the right to recall its employee at any time
- § 334.108 — Reporting: federal agencies must submit reports to OPM on IPA assignments as OPM requires; OPM uses these reports to track program usage and evaluate the mobility program government-wide
How It Affects You
If you are a federal employee interested in gaining experience outside your agency, an IPA assignment can provide a temporary posting at a state agency, local government, tribal government, university, or eligible nonprofit — while preserving your federal employment status, pay (usually), retirement credit, and career continuity. You retain your federal position throughout the assignment and your return-service obligation ensures you have a place to go back to.
The return-service obligation is binding and enforceable. Before accepting an IPA assignment, understand that you are committing to return to federal service for a period equal to the length of your assignment. If you accept a 2-year assignment and then resign from federal service within 2 years of returning, you may owe the government a prorated repayment for the assignment costs.
If you work in state, local, or tribal government, your agency can receive federal employees on IPA assignment or send your employees to federal agencies. Receiving a federal employee brings skills and federal systems knowledge that can improve your agency's operations and relationships with federal partners. Sending your employee to a federal agency builds capacity and networks that pay off in program implementation when the employee returns.
The written three-party agreement is not optional. All three parties must sign before the assignment begins. Verbal arrangements are not sufficient, and starting work before the agreement is executed creates legal ambiguity about the employee's status.
Salary costs during assignments are typically shared or borne by the receiving organization, with details specified in the written agreement. Federal agencies may either continue paying their employee's salary and be reimbursed by the receiving organization, or allow the receiving organization to pay the employee directly, depending on the arrangement.
Statutory Authority
This rule implements:
- 5 U.S.C. § 3376 — Intergovernmental Personnel Act of 1970, as amended; authorizes temporary assignments of employees between federal agencies and state, local, tribal governments, universities, and other eligible organizations; establishes the return-service obligation framework
Recent Rulemakings
No major Federal Register amendments. The IPA mobility program framework has been stable.