MS 002: Peace Corps Manual: Authority and Revision Process |
Date: January 19, 2001
Office: Office of
the General Counsel
Supersedes: 2/24/95; 4/2/91; 3/5/87
Table Of Contents
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4.0 |
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4.1 |
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4.2 |
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4.2.1 |
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4.3 |
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4.4 |
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5.0 |
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6.0 |
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Attachments
IN PROGRESS OF OBTAINING
| Attachment A | Manual Revision Process |
| Attachment B | Distribution Process |
1.0 Purpose
This manual section sets forth the authority for the Peace Corps Manual (manual), the authoritative status of the manual, and the process for revising the manual.
2.0 Authority for the Manual
Promulgation of the manual is authorized by § 2503(b) of the Peace Corps Act. Specific manual sections are authorized variously by the Peace Corps Act, the Foreign Service Act, Executive Orders, Peace Corps and other federal rules and regulations, and other applicable law.
3.0 Authoritative Status of the Manual
The manual constitutes the authoritative policies and procedures governing the operations of the Peace Corps in the United States and overseas. Peace Corps directives, handbooks, technical guidelines, and other publications should reflect and be consistent with the policies and procedures in the manual.
4.0 Revision Process
4.1 Oversight Authority
The Office of the General Counsel (OGC) has oversight responsibility for the manual revision process. This responsibility includes developing the process for revising the manual, coordinating the formulation of manual policies, working with appropriate offices in drafting new or revised language, ensuring that the manual accurately reflects applicable law and policy, obtaining the necessary approvals, and coordinating the issuance and distribution of new or revised manual sections. See attached Manual Revision Process.
4.2 Review, Clearance, and Approval
Revisions to the manual must be reviewed, cleared, and approved by the appropriate offices or officials before they may be issued as final. OGC, and each office that the Director or OGC determines has a substantive programmatic interest in the revisions (appropriate office), should clear the revisions before they are submitted to the Director. All final substantive revisions to the manual must be approved by the Director. Technical revisions must be approved by the General Counsel.
4.2.1 Substantive Revisions
Substantive revisions are revisions that establish new policies or procedures or otherwise have a substantial policy impact.
4.2.2 Technical Revisions
Technical revisions are revisions that have no substantial policy or procedural impact, such as spelling, grammar, or style corrections; revisions to factual information (e.g., changes in addresses or names of offices); citations or cross-references to legal authorities; or changes to conform with revisions to other manual sections.
4.3 Issuance and Distribution
Approved manual sections shall be issued and distributed in accordance with the attached manual revision process.
4.4 Effective Date
Approved manual sections shall become effective on the date of issuance and shall have prospective effect only, unless otherwise stated in the manual section.
5.0 Interim Policy Statements
When there is an immediate need to issue a new Peace Corps policy, the Director may issue an Interim Policy Statement. An Interim Policy Statement has the same legal force and effect as a manual section and should be issued as a new manual section or integrated into an existing section in a timely manner.
6.0 Waiver of Manual Provisions
As long as the waiver is not inconsistent with controlling legislation, a manual provision may be waived:
- If specifically permitted by the terms of the relevant manual section;
- For compelling or equitable reasons, unless the waiver would be adverse to the interests of an individual who has relied on the provision; or
- According to the terms of §§ 10(b), 15(a) and 15(d)(7) of the Peace Corps Act, which provide the Director with extraordinary authority to take certain actions. See 22 U.S.C. 2509(b) and 2514 (a) and (d)(7). See also MS 723 (Use of Peace Corps' Extraordinary Authorities).