[Material Transmitted:]{.underline}

HHS Instruction 334-1, Temporary Assignments of Personnel Under the
Intergovernmental Personnel Act of 1970, as Amended

[Material Superseded:]{.underline}

HHS Instruction 334-1 (all)

[Background:]{.underline}

This Instruction has been substantially streamlined and delegations of
authority have increased in accordance with National Performance Review
recommendations, and in support of HHS administrative initiatives
calling for more streamlined rules and greater delegations of authority.

Any reference to \"OPDIV\" in this Instruction now includes the PHS
agencies, the Office of the Secretary, the Program Support Center, HCFA,
ACF, and AOA.

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

[Filing Instructions:]{.underline}

Remove superseded material and file new material. Post receipt of this
transmittal to the HHS Check List of Transmittals and file this
transmittal in sequential order after the check list.

John J. Callahan

Assistant Secretary for

Management and Budget

DISTRIBUTION: MS (PERS): HRFC-001

INSTRUCTION 334-1

\_

[HHS INSTRUCTION 334-1]{.underline}

[TEMPORARY ASSIGNMENTS OF PERSONNEL UNDER]{.underline}

[THE INTERGOVERNMENTAL PERSONNEL ACT]{.underline}

334-1-00 Information and Guidance

10 Departmental Policy

20 Reporting and Record Keeping Requirements

Exhibit 334-l-A Delegations of Authority

334-1-00 INFORMATION AND GUIDANCE

The authorities delegated in paragraphs A.1.a., b., and c.; A.2.a.

and b.; and A.3 must be exercised in accordance with Departmental

policy cited in this Instruction and the requirements and/or

provisions in the following references:

A.  5 U.S.C. Chapter 33, Subchapter VI, Assignments to and From States.

B.  5 CFR Part 334, Temporary Assignment of Employees Between Federal
    Agencies and State, local, and Indian Tribal Governments,
    Institutions of Higher Education, and Other Eligible Organizations.

    Reorganization Plan Number 1 of 1953, Section 6 (which created this
    Department) restricts the authority to delegate authorities to
    Department employees. An IPA detailee is not an employee and may not
    exercise any delegated functions (see 334-1-1OA.).

334-1-10 DEPARTMENTAL POLICY

A.  Non-Federal employees on IPA details to HHS may not serve in line
    management positions. They may serve in an advisory or consultative
    capacity or in a staff assignment. They may provide day-to-day
    supervision of employees, provided that the exercise of delegated
    personnel authorities over the employees is reserved to Department
    employees. For example, the individual on detail could provide input
    to an employee\'s performance rating, but a Department employee
    would have to issue the rating.

B.  Non-Federal employees who are on IPA appointments to positions in
    HHS may serve in line management positions.

334-1-20 REPORTING AND RECORD KEEPING REQUIREMENTS

A.  One copy of the original assignment agreement or extension of
    assignment agreement, as well as any modifications, must be sent
    within 15 days of the date of the agreement or modification to:

    Office of Personnel Management\
    Office of Merit Systems Oversight and Effectiveness\
    IPA Mobility Program\
    1900 E Street, NW., Room 7662\
    Washington, D.C. 20415

B.  A copy of the IPA assignee\'s agreement or extension of assignment
    agreement and other related documents must be maintained in the
    respective HHS organization.

HHS Instruction 334-1 - Exhibit A

DELEGATIONS OF AUTHORITY

A.  AUTHORITY DELEGATED

    1.  Heads of OPDIVs (including PHS agencies, the Program Support
        Center, and AOA), the Assistant Secretary for Management and
        Budget for the Office of the Secretary (OS) , and the Inspector
        General (for OIG) are delegated the authority to:

        a.  approve or disapprove the temporary assignments of personnel
            under the Intergovernmental Personnel Act (IPA) of 1970, as
            amended, between HHS components and eligible non-Federal
            organizations for up to two years;

        b.  approve or disapprove the extension of assignments up to an
            additional two years; and

        c.  waive repayment of expenses for failure to complete
            obligated service agreement upon completion of an IPA
            assignment.

    2.  The authority to approve, disapprove, and/or extend special
        purpose IPA-assignments of Indian Health Service (IHS) employees
        to Indian tribes or tribal organizations is delegated to the
        Director, IHS, under the following conditions:

        a.  a takeover contract or contract between IHS and an Indian
            tribe or tribal organization as authorized by Public Law
            93-638 provides for such IPA assignments; and

        b.  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 Public Law 100-472.

    3.  These authorities may be redelegate with further redelegation
        authorized.

B.  AUTHORITY RETAINED\
    \
    ASMB retains the authority to approve and disapprove IPA assignments
    to or from the immediate staffs of elected chief executives of State
    or local governments.

C.  PRIOR DELEGATIONS\
    \
    This delegation supersedes the February 13, 1991, Delegations of
    Authority concerning IPA assignments, as amended September 29, 1993,
    from the Assistant Secretary for Personnel Administration to the
    Heads of Operating Divisions and Regional Directors. To the extent
    that previous redelegations of authority to approve or disapprove
    IPA assignments made to other officials within HHS are consistent
    with the provisions of this delegation, they may remain in effect
    until new redelegations are made under the authority of this
    delegation.

D.  EFFECTIVE DATE\
    \
    This delegation is effective on the date of this transmittal.