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SMG 1431.9

FDA STAFF MANUAL GUIDES, VOLUME II - DELEGATIONS OF AUTHORITY

ADMINISTRATIVE - PERSONNEL

AUTHORITY TO APPROVE DETAILS OF PERSONNEL

Effective Date: 12/10/2004

[PDF Version]

1. AUTHORITY DELEGATED.

Approval of details and subsequent extensions of civil service personnel, under HHS Instruction 300-3 and subject to certain statutory and other requirements.

2. TO WHOM DELEGATED.

A. To immediate supervisors for details of 30 days or less to or from components within FDA or HHS.

B. To Deputy Commissioners; Associate Commissioners; Chief Counsel; Center Directors; Director, Office of Management, CDER; Director, Office of Management, CBER; Director, Office of Management Systems, CFSAN; Associate Director for Management and Systems, CDRH; Director, Office of Management, CVM; Deputy Center Director Management, NCTR; Director, Office of Resource Management, ORA; Director, Office of Executive Operations, Office of Management; and their deputies, and the Director, Office Management Programs for details of 120 days or less (plus subsequent extensions) to or from components within FDA or HHS.

3. LIMITATIONS.

A. Details to or from other Federal agencies, except those in paragraph b below, must be approved by the Commissioner or an official who reports directly to the Commissioner.

B. The Assistant Secretary for Administration and Management, DHHS, retains the authority to approve all details to or from the Executive Office of the President, and from the Legislative and Judicial Branches of the Government (including the General Accounting Office, and Library of Congress, and the Government Printing Office).

C. Provisions for detailing SES and equivalent employees are not covered by this delegation.

D. This delegation also does not cover:

1. Assignments of excepted employees other than those with Schedule A and B or VRA appointments to competitive service positions (5 CFR 6.5);

2. Details of Administrative Law Judges and PHS Commissioned Officers;

3. Details to certain Executive positions;

4. Details between HHS and a non-Federal organization under Section 214 of the PHS Act, as amended;

5. Details under the Intergovernmental Personnel Act of 1970; and

6. Details to an International organization.

All previous delegations of authority inconsistent with the provisions of this delegation are superseded.

4. REDELEGATION AND CERTIFICATION.

The officials under paragraph 2.A. may not further redelegate that authority. The officials under paragraph 2.B. may further redelegate that authority with further redelegations authorized. Any redelegation must be in writing and specify the nature and extent of the authority redelegated. Delegates must be certified as knowledgeable about the legal, regulatory, and policy requirements regarding subject authority. A copy of the redelegation of this authority must be furnished to the Director, Office of Management Programs (HFA-400) and the FDA Delegations Officer (HFA-340). Delegates are subject to compliance audits.

5. EFFECTIVE DATE.

This delegation was signed by Jeffrey M. Weber, Associate Commissioner for Management, effective December 10, 2004.