CHIEF NATIONAL GUARD BUREAU INSTRUCTION

CHIEF NATIONAL

GUARD BUREAU

INSTRUCTION

UNCLASSIFIED

NGB-J1 CNGBI 1900.01

DISTRIBUTION: A 10 January 2018

EMPLOYING NATIONAL GUARD MEMBERS UNDER THE OFFICE OF

PERSONNEL MANAGEMENT INTERGOVERNMENTAL PERSONNEL ACT

References: See Enclosure A.

1. Purpose. This instruction establishes policies and assigns responsibilities

regarding the assignment of National Guard Bureau (NGB) personnel under the

Intergovernmental Personnel Act (IPA) in accordance with (IAW) references a

through e.

2. Cancellation. None.

3. Applicability. This instruction applies to all elements of the National Guard

(NG), with the exception of personnel assigned to a State NG IAW reference f

and corresponding designation of authority to The Adjutants General (TAG) and

Title 32 technicians who become TAGs.

4. Policy. It is NG policy to employ NG members under the IPA to facilitate

cooperation and strengthen management capabilities between NG elements,

State and local governments, institutions of higher education, Indian tribal

governments, and other eligible organizations, through the temporary

assignment of skilled personnel.

a. IPA Assignments. Assignments will be management-initiated and

controlled. Objectives include:

(1) Assisting in the transfer and use of new technologies and approaches

to solving governmental problems.

(2) Facilitating an effective means of involving State and local officials in

developing and implementing Federal policies and programs.

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10 January 2018

(3) Providing program and developmental experience to enhance

assignees’ performance in their regular job.

b. Restrictions on Former Department of Defense (DoD) Employees.

Assigning an IPA agreement to a former DoD employee to perform previous

Federal duties, as a recruitment tool for the future hiring of an individual, or to

facilitate a person’s career change is not authorized.

c. Negotiation Guidance. All NG elements are responsible for negotiating

and ensuring compliance with all requirements of IPA agreements under their

purview. Requirements include the length of the assignment, work schedule,

scope of duties, conflict-of-interest concerns, and any other reasonable and

customary direct and indirect costs such as the salary, fringe benefits, and

other charges incurred as part of the agreement.

(1) NG elements may agree to pay all, some, or none of the costs

associated with an assignment. The organization that benefits most from the

assignment will absorb the larger share of the costs.

(2) Income from certain private consulting work as part of the academic

pay of university employees may be considered. 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.

d. Cost Allocations. Indirect cost allocations will be limited to applicable

General and Administrative (G&A) costs.

e. Performance Summary. IPA participants will receive a written

performance summary at the end of each assignment year or at the completion

of their IPA assignment. This summary will be submitted to the IPA

participants’ permanent non-Federal organization as evidence of the benefit of

their participation in the program.

f. Security Level. IPA participants will be able to obtain the security level

necessary for the position sensitivity designation required to perform the duties

of the position, as determined by each employing organization.

g. Training. IPA participants may be required to take the same or

comparable training, such as ethics training, computer security training, or

other similar courses, as Federal employees in comparable positions.

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10 January 2018

h. Detailing. Federal employees receiving an IPA assignment to a non-

Federal entity will be detailed to that organization.

i. Other Provisions. Waiver of payments to reimburse the Government for

non-reimbursable expenses will be made only in rare cases, if fully justified,

and will require approval from the Office of the Secretary of Defense (OSD)

Director of Administration and Management (DA&M). Payment of travel and

relocation expenses may be paid IAW references e and f.

(1) Customary increases in cost (three percent cost-of-living allowance

[COLA] or increases customary for the non-Federal organization) are built into

the IPA assignment agreement. Organizations must certify that the proposed

COLA is applicable to and customary for all employees of the IPA participant’s

home organization.

(2) All other increases in costs from the original IPA agreement require

an amendment to that agreement. Amendments must be submitted and

approved by the OSD Assistant Director of the Executive and Political

Personnel Division, Human Resources Directorate. Locality payments are

authorized if the assignment location dictates.

j. IPA Package Applications. IPA assignment applications must include the

information in the subparagraphs below and must be sent by certified mail to:

• Manpower and Personnel Directorate (NGB-J1), Joint Human Capital

Division (NGB-J1-JHC), 111 S. George Mason Drive, AHS #2,

Suite lPN-PI-140, Arlington, VA 22204-1373.

• Electronic correspondence can be forwarded to

ng.ncr.ngb-arng.mbx.ng-j1-jhc.

(1) Résumé. Include the prospective IPA candidate’s résumé and any

supporting documentation necessary to make a determination regarding

benefit to the Government. Examples are college transcripts, professional

certifications or licenses, references, and lists of publications.

(2) Request for IPA Assignment Memorandum. Include a memorandum,

signed by the requesting NG senior official (normally at a general officer or

Senior Executive Service level). Include the following information: name of the

IPA applicant; applicant’s nonprofit or organization of record; brief summary of

the duties; total estimated costs; funding source; and Organization Resource

Code. In addition, the memorandum must include a list of all periods served

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by the IPA applicant under other IPA agreements, regardless of the agency or

dates served.

(3) Position Description. Include the position description and the

required position sensitivity designation.

(4) Optional Form (OF) 69, “Assignment Agreement.” Include this form

for a funding breakdown with detailed accounting of all G&A costs (including

fringe benefits and overhead costs) by amount and percentage of salary, with a

full explanation of the process by which they were derived. Agreements with

excessive indirect costs or salaries exceeding Executive Level III will require

DA&M (OSD) coordination. Indirect costs above five percent must also be

approved by DA&M. Costs approved by other Federal agencies or DoD entities

are not considered binding. Review all costs for compliance with the above

guidelines and renegotiate if necessary.

(5) Proof of Certification to Participate. The OPM does not certify

organizations for participation in the IPA. Each Federal Government agency is

responsible for certifying organizations. IPA policy specifies that “other

organizations” are eligible to participate and defines what an “other

organization” is. (See the Glossary.) OPM requires that entities interested in

participating in the program as an “other organization” have their eligibility

certified by the Federal agency with which they are entering into an agreement.

Certification is permanent, and other agencies may accept this certification or

require an organization to submit the appropriate paperwork for review IAW

their own process. Send requests for certification to:

• Washington Headquarters Services, Human Resources Directorate,

1155 Defense Pentagon, Washington, DC 20301-1155, and include a

copy of:

(a) The organization’s articles of incorporation.

(b) Bylaws.

(d) Any other information describing the organization’s activities as

they relate to the public management concerns of governments or universities.

(6) Office of Government Ethics Form 450, “Confidential Financial

Disclosure Report,” and the IPA Disqualification Statement. The IPA candidate

must complete these documents and include them in the application package.

This inclusion is to assist employees and their agencies in avoiding conflicts

between official duties and private financial interests or affiliation.

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5. Definitions. See Glossary.

6. Responsibilities.

a. Chief of the National Guard Bureau (CNGB). The CNGB will:

(1) Establish and publish policies and procedures related to NG

participation in the IPA.

(2) Concur on all NGB IPA assignment requests prior to forwarding them

to Washington Headquarters Services for final approval.

b. Director of NGB-J1. The Director of NGB-J1 will:

(1) Serve as the Office of Primary Responsibility for processing IPA

applications and ensuring that NG organizations participating in the IPA fully

comply with applicable statutes and DoD regulations and guidelines.

(2) Ensure that IPA assignment applications are coordinated with Office

of the NGB Chief Counsel (NGB-JA) for legal review and with the Director of

Programs and Resources and Comptroller (NGB-J8) for any budgetary impacts

associated with the application.

c. NGB-JA. NGB-JA will conduct a thorough legal review of all IPA

applications.

d. NGB-J8. NGB-J8 will review all IPA applications to determine whether

funds are available to permit approval of the application, including individual

compensation, travel, and training expenses associated with the applicant.

7. Summary of Changes. This is the initial publication of CNGBI 1900.01.

8. Releasability. This instruction is approved for public release; distribution is

unlimited. Obtain copies through <http://www.ngbpdc.ngb.army.mil>.

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9. Effective Date. This instruction is effective upon publication and must be

reissued, cancelled or certified as current every five years.

Enclosures:

A -- References

GL -- Glossary

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A-1 Enclosure A

ENCLOSURE A

REFERENCES

PART I. REQUIRED

a. Title 5, United States Code (U.S.C.), Sections 3371-3375,

“Intergovernmental Personnel Act of 1970”

b. Title 5, Code of Federal Regulations (CFR), Part 334, “Temporary

Assignments under the Intergovernmental Personnel Act (IPA)”

c. Office of the Under Secretary of Defense, Acquisition, Technology and

Logistics, Memorandum, 17 October 2003, “Allocability and Allowability of

Costs Associated with the Intergovernmental Personnel Act (IPA) Mobility

Program”

d. U.S. Office of Personnel Management, “Hiring Information: Intergovernment

Personnel Act,” at <https://www.opm.gov/policy-data-oversight/hiring-

information/Intergovernment-personnel-act/>, NIPRNET – accessed 04

December 2017

e. 10 U.S.C. § 10508, 26 October 2015, “National Guard Bureau”

PART II. RELATED

f. 41 CFR, Chapters 300-304, “The Federal Travel Regulation (FTR)”

g. National Defense Authorization Act for Fiscal Year 2017, 23 December 2016

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GL-1 Glossary

GLOSSARY

PART I. ACRONYMS

CNGB Chief of the National Guard Bureau

COLA Cost-of-living allowance

DA&M Director of Administration and Management

DoD Department of Defense

G&A General and Administrative

IAW In accordance with

IPA Intergovernmental Personnel Act

NG National Guard

NGB National Guard Bureau

NGB-JA Office of the National Guard Bureau Chief Counsel

NGB-J1 Manpower and Personnel Directorate

NGB-J8 Programs and Resources/Comptroller

OPM Office of Personnel Management

OSD Office of the Secretary of Defense

TAG The Adjutants General

PART II. DEFINITIONS

Detailing -- A temporary assignment of an employee to a different position for a

specified period, with the employee returning to regular duties at the end of the

detail.

Office of Personnel Management Intergovernmental Personnel Act -- The

authorization by Congress for Federal agencies to enter into employment

exchange agreements (Intergovernmental Personnel Act agreements) with non-

Federal entities to facilitate cooperation between Federal and non-Federal

entities regarding issues of mutual concern and benefit.

Office of Personnel Management Intergovernmental Personnel Act Eligible

Employee -- 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.

Other Organization -- A nonprofit organization that offers professional advisory,

research, educational, or developmental services or related services to

governments or universities concerned with public management.