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SMG 1431.24

FDA STAFF MANUAL GUIDES, VOLUME II - DELEGATIONS OF AUTHORITY

ADMINISTRATIVE - PERSONNEL

AUTHORITY TO APPROVE/DISAPPROVE INTER-GOVERNMENTAL PERSONNEL ACT (IPA) ASSIGNMENTS

Effective Date: 11/30/2009

[PDF Version]

1. AUTHORITY DELEGATED.

A. To approve or disapprove the temporary assignment of personnel under the Intergovernmental Personnel Act (IPA) of 1970, as amended, between federal agencies and state, local and Indian tribal governments, institutions of higher education and “other eligible organizations “ (as defined in 5 CFR Part 334), for up to two years, with prior clearance from the FDA Ethics Staff;

B. To approve or disapprove extension of assignments for up to an additional two years, with prior clearance from the FDA Ethics Staff; and

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

2. TO WHOM DELEGATED.

A. For career members of the SES or equivalent, authority is delegated to the Principal Deputy Commissioner.

B. For grades 15 and below, or equivalent, authority is delegated to Deputy Commissioners; Associate Commissioners; Chief Counsel; Center Directors; Center Associate Directors for Management; Director, Office of Management, Center for Drug Evaluation and Research; Director, Office of Resource Management, Office of Regulatory Affairs; Director, Office of Executive Operations, Office of the Commissioner.

All previous delegations of authority inconsistent with the provisions of this delegation are superseded.

3. LIMITATIONS.

A. In accordance with 5 CFR Part 334.104, an agency:

1. may not send or receive, on assignment, an employee who has served on an IPA for four continuous years without at least a 12-month return to duty to the organization from which originally assigned.

2. may not send on assignment an employee who has served on IPAs for more than a total of six years during his/her federal career.

B. The Assistant Secretary for Administration (ASA) retains the authority to approve or disapprove IPA assignments to or from the immediate staffs of elected chief executives of state or local governments. These specific requests must come through the Office of Management Programs for review and concurrence by the Commissioner.

C. Operating Human Resources organizations are responsible for final review and approval of the certification of eligibility requests for “other organizations” and maintaining lists of those organizations.

D. All IPA agreements must be submitted to the Rockville HR Center for maintenance of official IPA records and processing of requisite IPA personnel actions.

4. REDELEGATION AND CERTIFICATION.

This authority may not be further redelegated.

5. EFFECTIVE DATE.

Russell J. Abbott, Deputy Commissioner for Administration, approved this delegation, via memorandum on November 30, 2009.

STATUS (I, R, C)DATE APPROVEDLOCATION OF CHANGE HISTORYCONTACTAPPROVING OFFICIAL
Initial11/30/2009N/aOC/OA/OM/OBOHCP/OMPRussell J. Abbott, Deputy Commissioner for Administration