[Material Transmitted]{.underline}:

HHS Instruction 250-3,Delegation of Authority for Personnel
Administration and Personnel Management

[Material Superseded]{.underline}:

HHS Instruction 250-3, Delegation of Personnel and EEO Authority and
Headquarters/Regional Office Relationships (all) (12/9/83)

HHS Instruction 250-5, Appointing and Selecting Authority (all)(8/31/82)

[Material Abolished]{.underline}:

HHS Instruction 250-4, Delegation of Term Promotion Authority (all)
(7/6/92)

HHS Instruction 250-6, Classification Authority for SSA (all) (12/23/83)

[Background]{.underline}:

This Instruction has been revised consistent with recent changes in the
organization of HHS, and in support of HHS administrative initiatives
calling for more streamlined rules and greater delegation of authority.

Under this issuance, two instructions have been combined because of
similar subject matter, and two instructions have been abolished because
of the need to eliminate obsolete material and to streamline the rules.

Any reference to \"OPDIV\" in this Instruction now includes AHCPR,
ATSDR, CDC, FDA, HRSA, IHS, NIH, SAMHSA, the Office of the Secretary,
the Program Support Center, HCFA, ACF, and AOA.

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

[Filing Instructions]{.underline}:

Remove superseded and abolished material and file new material.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

INSTRUCTION 250-3

[HHS PERSONNEL INSTRUCTION 250-3]{.underline}

[PERSONNEL ADMINISTRATION AND PERSONNEL MANAGEMENT]{.underline}

250-3-00 Purpose and Scope

10 References

20 Definitions

30 Policy

40 Authority of the Secretary

50 Authority of the Assistant Secretary for Management

And Budget

60 Authority of the Deputy Assistant Secretary for Human

Resources

70 Authority of the Operating Division and Staff Division

Heads

> Exhibit 250-3-A, Delegation of Authority for Personnel Administration
> and Personnel Management

250-3-00 PURPOSES AND SCOPE

This Instruction states Department policy for personnel administration
and personnel management. It also includes guidelines for implementing
the delegation of authority for appointing and selecting employees (see
Exhibit 250-3-A). It applies to all positions and personnel except those
in the Public Health Service (PHS) Commissioned Corps. (For guidance in
selecting and appointing personnel in the PHS Commissioned Corps, see
the Commissioned Corps Personnel Manual.)

250-3-10 REFERENCES

A. 5 U.S.C., Chapter 31, Authority for Employment; Subpart B, Employment
and Retention; Subchapter I, Employment Authorities; and Subchapter II,
The Senior Executive Service

(law)

B. 5 CFR, Part 300-Employment (General) (regulations)

C. HHS Personnel Instructions in the 300 and the 900 series

D. Other related HHS Personnel Instructions associated with the Office
of Personnel Management\'s regulations, guidelines, or policies

250-3-20 DEFINITIONS

Delegations relating to this Instruction are based on the following
definitions and concepts:

A. [Personnel administration]{.underline} is used to refer to the
exercise of legal and regulatory authorities and responsibilities
related to the appointment, promotion, demotion, or separation of
personnel; the classification of positions; the fixing of pay; and
similar functions performed by servicing personnel offices, including
the issuance of procedures and guidelines required for the
accomplishment of its functions.

B. [Personnel management]{.underline} is used to refer to the
responsibilities assigned to line management to make decisions about the
organization of work and the selection and utilization of human
resources of the Department. This includes, but is not limited to,
selection of personnel; acceptable level of competence determinations;
employee appraisals; and approval of training, quality increases,
performance awards, adverse actions, leave and overtime.

C. [Selecting Authority]{.underline}

1\. An official who exercises selecting authority makes the management
decision of choosing a person to fill a position by any type of
personnel action. The freedom, within the limits established by law,
regulation, and Department policy, of an official who has been delegated
selecting authority to determine the composition of the staff with which
he or she carries out program responsibilities is not abridged by
vesting appointing authority in another official.

> 2\. The highest official whose signature is required before actions
> can be effected has final selecting authority.

D. [Appointing authority]{.underline} includes, but is not limited to,
the following:

1\. Making the necessary legal, regulatory, and policy compliance
determinations with respect to, and effect:

a\. Appointments, promotions, changes to lower grade, and reassignments
of personnel to positions in the competitive and excepted services,
including experts, consultants, and committee members;

b\. Suspensions and involuntary separations of personnel;

> and
>
> c\. Pay changes and any other personnel actions authorized by law or
> regulation.

2\. Effecting nondiscretionary actions. A nondiscretionary action is one
in which the appointing authority has neither administrative discretion
as to whether to take action nor leeway to determine the nature of the
action. Examples of nondiscretionary actions are resignations and
optional or mandatory retirement.

3\. Appointing officers may propose and decide adverse actions for
employees under their appointing authority when those adverse actions
are necessary to resolve personnel administration issues, e.g., remove
an employee from a position to which he or she was erroneously promoted
in violation of a regulation or downgrade an employee to correct a
classification error and the employee is not entitled to retained grade.
This provision does not preclude a line management official from
proposing or deciding the action.

> 4\. The following provisions apply to the exercise of appointing
> authority:
>
> a\. Required approvals, either within or outside the Department, must
> be obtained before a personnel action is effected. Such approvals may
> be requested by the official with delegated appointing authority,
> except where authority to make such requests has been specifically
> retained at a higher organizational level.
>
> b\. Officers-in-charge and administrative or executive officers in
> Department activities in foreign countries are authorized to effect
> appointments, promotions, demotions, reassignments, suspensions, and
> involuntary separations of non-U.S. citizens, provided appropriate
> arrangements have been made for technical personnel support to be
> provided by the Embassy or by the Agency for International
> Development.

c\. With concurrence of the organizations involved, the Deputy Assistant
Secretary for Human Resources, Office of the Assistant Secretary for
Management and Budget, may authorize a Personnel Officer, to whom
appointing authority has been delegated, to exercise the same level and
kind of authority for another activity in the same, or different,
organization within the Department.

250-3-30 POLICY

A. Department policy requires that personnel management authority and
responsibility be delegated to the lowest organizational level
consistent with good management practices. Based on this policy, heads
of OPDIVs or their properly designated delegates will determine the
level of redelegation of these authorities within their organizations.

B. All redelegations of personnel authority should be issued in
accordance with applicable laws, regulations of the Equal Employment
Opportunity Commission, Office of Personnel Management, and Department
policies and instructions.

C. The redelegation of an authority does not divest the delegating
official of the authority and responsibility vested in him or her. The
delegating official may, when desired, exercise any authority he or she
has redelegated. Officials to whom authority is redelegated act for, and
on behalf of, the delegating officials.

D. All redelegations of authority must be issued in accordance with
Chapter 8-100, \"Delegation of Authority,\" of the HHS General
Administration Manual.

E. As a general rule, delegations of personnel management and
Administration authorities and responsibilities will be made by the
Assistant Secretary for Management and Budget (ASMB) to the OPDIV heads
for redelegation within their respective organizations, with the
following exception: the Director, Office of Human Resources Service,
Program Support Center, has personnel administration authority for all
HHS employees serviced by the Program Support Center.

F. A redelegation that deviates from any provision of a delegation of
authority issued to an OPDIV Head should not be made without appropriate
change in the delegation issued to the OPDIV Head. Requests for
revisions to delegations issued by senior officials from the Office of
the Secretary must be supported to the ASMB in writing, through
appropriate OPDIV channels. The request should state clearly the change
requested and the justification for it.

250-3-40 AUTHORITY OF THE SECRETARY

A. As the head of the Department, the Secretary supervises and directs
the personnel management and personnel administration activities of the
Department.

B. Certain personnel authorities are specifically reserved by the
Secretary. These are identified in various Instructions in the
Department Personnel Manual.

250-3-50 AUTHORITY OF THE ASSISTANT SECRETARY FOR MANAGEMENT AND BUDGET

A. The Secretary\'s personnel authority, if not retained, has been
delegated to the Assistant Secretary for Management and Budget (ASMB)
with authority to redelegate to officials within the Department.

B. The authorities exercised in the Office of the ASMB are identified in
various issuances in the Department Personnel Manual.

250-3-60 AUTHORITY OF THE DEPUTY ASSISTANT SECRETARY FOR HUMAN RESOURCES

As the principal advisor to, and representative of, the ASMB on
personnel matters, the Deputy Assistant Secretary for Human Resources
(DASHR) has been delegated the personnel authority of the ASMB, except
where such authority has been specifically reserved.

250-3-70 AUTHORITY OF THE OPDIV/STAFFDIV HEADS

A. The OPDIV and STAFFDIV Heads have appointing authority and selecting
authority for their respective components, subject to the conditions and
guidelines outlined in HHS Instruction 250-3, of the Department
Personnel Manual.

1\. The delegation of authority in Exhibit 250-3-A of HHS Instruction
250-3 does not apply to those authorities covered by other Instructions
or other delegations, and it does not apply to those authorities
retained by the Secretary or the Assistant Secretary for Management and
Budget.

> 2\. When filling a top job in a regional office, OPDIV and STAFFDIV
> Heads will consult with and obtain input from the appropriate Regional
> Director. This will enable the OPDIV or STAFFDIV to obtain the
> important perspective which regional directors provide.

3.  The authorities delegated to OPDIV and STAFFDIV Heads apply to all
    employees and positions in the Department, but they do not apply to
    the PHS Commissioned Corps.

May 1, 1997

TO: Heads of Operating Divisions

Heads of Staff Divisions

Deputy Assistant Secretary for Human Resources

FROM: Assistant Secretary for Management

And Budget

SUBJECT: Delegation of Authority for Personnel Administration and
Personnel Management

A. [Delegation of Authority:]{.underline} I hereby delegate the
following authorities to officials identified below for the areas
indicated:

> 1\. OPDIV/STAFFDIV HEADS: Appointing authority and authority to make
> selections for your area of responsibilities.
>
> 2\. DEPUTY ASSISTANT SECRETARY FOR HUMAN RESOURCES: All personnel
> authority of the Assistant Secretary for Management and Budget, except
> where such authority has been specifically reserved.

3\. DIRECTOR, OFFICE OF HUMAN RESOURCES SERVICE, PROGRAM SUPPORT CENTER
(PSC): Appointing authority for all HHS employees serviced by the PSC.

B.  [Guidance:]{.underline} This authority is subject to the conditions
    and guidelines outlined in HHS Personnel Instruction 250-3. Copies
    of the revised HHS Personnel Instruction 250-3 will also be
    distributed, through the directive system, to departmental human
    resources offices and administrative officers.

C. [Authority Superseded:]{.underline} This delegation supersedes the
following delegations of authority memoranda from the, then, Assistant
Secretary for Personnel Administration: August 9, 1995, entitled
\"Delegation of Personnel Administration Authorities;" August 31, 1982,
entitled \"Delegation of Selecting Authority;\" and August 31, 1982,
entitled

\"Delegation of Appointing Authority;\" and all prior delegations which
may exist, but are not listed. Existing redelegations made under these
memoranda will continue in effect until new redelegations are made under
the authority of this memorandum.

C.  [Effective Date:]{.underline} This delegation is effective on the
    date of

signature.

John J. Callahan