Personnel Delegation #23

AUTHORITY DELEGATED AND TO WHOM

1. Pursuant to the authority delegated to the Director, Indian Health Service (IHS), by the Deputy Assistant Secretary for Health Management Operations, Public Health Service (PHS), on May 6, 1992, and redelegated to the Director of Headquarters Operations on September 3, 1992, I hereby delegate to the Area Directors, for their respective Area organizations, the authority to set rates of pay for positions not covered by the General Schedule (except PHS Commissioned Corps positions) for IHS personnel, including regional and field office employees, as stated below:
   1. Authority to set the rate of pay for an expert or consultant appointed under 5 United States (U.S.) Code 3109, or authorities similar to 5 U.S. Code 3109 (i.e., exempt from civil service requirements for competitive examination, job classification, and general schedule pay);
   2. Authority to set the rate of pay for a member of an advisory board, council, or committee appointed pursuant to legisiation which specifically authorizes a Department official other than the Secretary to make such an appointment, unless the legislation gives the authority to set the rate of pay to a specific official below the operating Division level, or establishes a rate of pay by its own terms; and
   3. Authority to set rates of pay for special consultants appointed under authority of Section 207(f) of the PHS Act [42 U.S. Code 209(f)].

      In addition, I hereby affirm and ratify any actions, taken by IHS officials, which involve the exercise of the authorities delegated herein prior to the effective date of this delegation.

REDELEGATIONS AND RESTRICTIONS

2. The authority delegated in paragraph 1a. may be redelegated with further redelegation authorized; however, rates of pay at levels from ES-1 to EX-IV must be approved by an official who reports directly to the Director, IHS.  The authorities delegated in paragraphs 1b. and 1c. may be redelegated with further redelegation authorized but no lower than to officials who report directly to the Director, IHS.
3. The authority delegated in this memorandum does not include members appointed pursuant to Sections 208c and 222 of the PHS Act.
4. The Director, Office of Personnel Management, OM/PHS, has been delegated the authorities, as stated below for PHS employees, including regional and field employees, with authority to redelegate only within OPM/OM/PHS:
   1. Authority as delegated to the Secretary by the United States Office of Personnel Management (USOPM), to make the necessary legal, regulatory, and policy compliance determinations to establish or change student-employee training programs and to determine coverage, as appropriate, under Subchapter V, Chapter 53, Title 5 of the U.S. Code for:
      1. Any student-employee as defined by 5 U.S. Code 5351(2)(A),
      2. Any student-employee whom the PHS finds is properly covered under this program. Provided the student-employee is a registered student at an accredited academic institution and that the assignment or attachment, for training purposes, to a hospital, clinic, or medical or dental laboratory, is part of a medical or dental training program accredited by an appropriate accrediting body, and
      3. Any student-employee whom the PHS finds is properly covered under this program. Provided the student-employee, during the period of assignment or attachment to a hospital, clinic, or medical or dental laboratory, will receive experience or training that is required for a certificate or license in a medical or dental field.
   2. In accordance with 5 U.S. Code 5352, authority to establish stipends for student-employees within the maximum stipends prescribed by USOPM.
5. The authorities delegated in paragraph 4. does not include the following, which are retained by USOPM:
   1. Authority to approve any program for student-employees not otherwise covered in paragraph 4; and
   2. Authority to pay student-employees stipends in excess of the maximum amount authorized by USOPM.

INFORMATION AND GUIDANCE

6. Requirements and instructions for exercising these authorities are contained in the following Federal Personnel Manual issuances and HHS and PHS Personnel Manual Instructions:
   1. Chapter 304, Employment of Experts and Consultants;
      
   2. Supplement 532-1, Federal Wage System;
      
   3. Chapter 534, Pay Under Other Systems; and
      
   4. HHS Instruction 250-2, Delegation of Authority to Set Rates of Pay for Positions Not Covered by the General Schedule.

PRIOR DELEGATIONS

7. This delegation supersedes the January 2, 1991, Delegation of Authority to Set Rates of Pay for Positions Not Covered by the General Schedule from the Director of Headquarters Operations, IHS, to all Area Directors.  To the extent that previous redelegations of this authority to IHS officials are in accordance with the provisions of this delegation they may remain in effect for 90 days from the effective date of this delegation.

EFFECTIVE DATE

8. This delegation is effective upon date of signature