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Personnel Delegation #38


Personnel Delegation #38

APR 7 1995

TO: Director of Headquarters Operations

FROM: Director

SUBJECT: Delegation of Personnel Administration Authorities

Authority Delegated and to Whom

  1. Pursuant to the authority delegated to the Director of Headquarters Operations by the Director, Indian Health Service (IHS), on APR 7 1995, I hereby delegate to the Associate Director, Office Human Resources, the personnel administrative authorities listed below for IHS employees in the IHS Area Offices and Service Units.  These authorities were previously delegated to the Regional Directors in Regions VI, VIII, IX and X.

    This delegation includes the following authorities:

    1. Appointing
    2. Classification
    3. Appointments above the minimum rate
    4. Approve, disapprove, and/or extend special purpose Intergovernmental Personnel Act (IPA) Assignments of IHS employees grades 15 and below or equivalent to Indian tribes or tribal organizations under both of the following conditions:
      1. A takeover contract between IHS and an Indian tribe or tribal organization as authorized by Public Law (P.L.) 93-638 provides for such IPA assignments
      2. The assignee is an incumbent of a position in a contracted function at the time of its takeover or is a substitute for such an incumbent as authorized by P.L. l00-472
    5. Oaths of Office
    6. Determine when Term Appointments are appropriate
    7. Authorizing and acquiring training
    8. Waiver of the employment agreement that requires the employee to remain in Government service for a period of 1 year from their date of appointment or transfer when the reason for early separation is one that is beyond the control of the employee.  This covers payment for travel and transportation expenses (1) to the first duty station; (2) to overseas duty stations; or (3) incidental to a permanent change of station.

Redelegations and Restrictions

  1. The authorities delegated in paragraph 1. above must be redelegated through the Associate Director, Office of Human Resources, to the Director, Division of Personnel Management, the IHS Area IHS, with further redelegation authorized to the IHS Area Office and Service Unit Personnel officials
  2. The authority delegated in paragraph lb above requires prior concurrence by the Director, Division of Personnel Management, IHS, for supervisory personnel positions at GS-12 and above.
  3. To the extent that previous redelegations of these authorities to IHS officials are consistent with the provisions of this delegation, they may remain in effect.

Information and Guidance

  1. Information and requirements for exercising these authorities are contained in various laws, regulations, and Health and Human Services and FHS Personnel Instructions associated with the subject areas.

Effective Date

  1. This delegation is effective April 1, 1995.

/Michael Trujillo, M.D./
Michael H. Trujillo, M.D., M.P.H.
Assistant Surgeon General


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