MS 114: Delegation of Authority

Table of Contents

Attachments

Attachment A    Budget and Accounting

Attachment B    Contracts and Agreements

1.0 Authority

2.0 Purpose

3.0 Definitions

"A Delegates" are the Deputy Director; the Chief of Staff/Chief of Operations; Associate Directors; the Chief Financial Officer; the Chief Information Officer; Regional Directors; the Director of Peace Corps Response; the Director of the Center for Field Assistance and Applied Research; the Chief Acquisition Officer; and the Director's Office staff heads, which consist of the General Counsel, the Director for Communications, the Director of Congressional Relations, the Manager of the American Diversity Program; the Director of the Office of Strategic Information, Research, and Planning; and the Director of the Office of Private Sector Initiatives.

3.2 "Approve" means to consent in writing to the requested action.

3.3 "Authorize" means to certify in writing that the requested action complies with regulatory, statutory, and technical requirements.

3.4 "Delegate," when used as a verb, means to transfer authority. "Delegate," when used as a noun, means a person to whom authority has been transferred under an original or subsequent delegation.

3.5 "Incidental authority" means additional limited authority implicit in the delegation of a specific authority.

3.6 "Original delegate" means the Peace Corps employee to whom the Director of the Peace Corps delegates an authority.

3.7 "Reserved authority" means an authority vested in a Peace Corps employee that has not been redelegated.

3.8 "Redelegation" means an act by which an original or subsequent delegate authorizes another Peace Corps employee to exercise all or part of his or her delegated authority.

3.9 "Subsequent delegate" means a Peace Corps employee to whom an authority has been redelegated.

4.0 Policies

4.1 Authority

All authority for the administration and operation of the Peace Corps is vested by law in the Director of the Peace Corps (Director). Except as limited by law, the Director may delegate his or her authority to other Peace Corps employees. No Peace Corps employee may exercise any authority vested in the Director unless the employee is acting under a delegation that is derived from an original delegation of authority from the Director.

4.2 Flow of Delegations

Delegations normally flow from the Director through the Director's immediate subordinates to the appropriate Peace Corps employees within the immediate subordinates' area of authority.

4.3 Delegations to Position

Whenever feasible, delegations should be made to a position, rather than the individual person holding the position.

4.4 Redelegations

Authorities delegated by the Director may be redelegated in whole or in part to other Peace Corps employees, unless the authorities are non-transferable as a matter of law or under the terms of the original delegation. Foreign Service Nationals may receive delegations of authority unless they are disqualified from doing so by law.

4.5 Accountability

A delegation or redelegation of authority does not relieve the Director or original or subsequent delegates of oversight responsibility for the authorities they delegate.

4.6 Experts and Consultants

Authorities vested in the Director may not ordinarily be delegated or redelegated to experts or consultants or to any person performing services for the Peace Corps under contract.

4.7 Delegations in Manual Sections and Regulations

Delegations are often found in Peace Corps manual sections or published Peace Corps regulations that are not also reflected in separate formal delegations of authority. Delegations in manual sections and Peace Corps regulations constitute valid delegations as long as they reflect the most current delegation for the particular function and are not inconsistent with the applicable original delegation.

4.8 Reserved Authority

Any authority vested in the Director that has not been delegated by the Director is reserved to the Director. The Director may not delegate any authority that is required by law to remain with the Director. Any authority delegated to original or subsequent delegates may be reserved by such delegates, unless otherwise required by law or the terms of the authority delegated to them.

4.9 Acting Authority

Unless specifically prohibited, all authorities delegated to a position, whether transferable or nontransferable, may be exercised by an employee delegated authority to perform the functions of that position in an acting capacity. (A person filling a position in an acting capacity is acting as a temporary substitute in another's absence.)

4.10 Conditions on Delegations

The Director may place limitations or conditions on a delegation of authority, including a prohibition on the redelegation of the authority by an original or subsequent delegate. Original and subsequent delegates may also place conditions on redelegations as long as the conditions are consistent with the terms of the authority delegated to them.

4.11 Incidental Authority

Incidental authority may be exercised by a delegate to the extent needed to carry out his or her delegated authority.

5.0 Procedures

5.1 Original Delegations

Original delegations of authority may be initiated by the Director. In addition, any employee who reports directly to the Director may request in writing an original delegation of authority from the Director. The request shall describe the authorities to be delegated and explain why the requester is qualified for and should be the recipient of the delegation. Each request shall be cleared by the Office of General Counsel before being forwarded to the Director.

5.2 Format of Delegations

All delegations and redelegations must be in writing and must be signed and dated by the delegating official. Original and subsequent delegations must contain the following information:

1. A reference to the number of the original or subsequent delegation through which authority is derived;
2. An identifying number;
3. The identification of the position to which the delegation is made;
4. A description of the authority being delegated;
5. Any conditions, limitations, or restrictions placed on the delegation, including whether the delegation is transferable; and
6. The effective date of the delegation.

5.3 Acting Authority

A Peace Corps official or employee may authorize another employee to act on his or her behalf by issuing a written "authority to act." Acting authority may be delegated to a person in a position senior to or to a person under the supervision of the person delegating the authority. Delegations of authority to act shall include the following information:

1. The names of the acting employee and the delegating official;
2. The duration of the delegation; and
3. A description of the authority being delegated.

6.0 Recordkeeping

6.1 Original delegations

Original delegations approved and signed by the Director shall be given a number and filed in the Office of the Director within 24 hours of being signed. Copies shall be provided promptly to appropriate Peace Corps staff, including the General Counsel. The Office of General Counsel shall ensure that a copy of the delegation is included in this manual section in a timely manner.

6.2 Redelegations

Copies of all redelegations shall include an identifying number and effective date and shall be filed in the office of the person to whom the redelegation is made.

6.3 Acting Authority

The person delegating an authority to act and the official or employee receiving the delegation must each keep a copy of the delegation in their respective offices. Copies should be distributed to agency staff, as appropriate. When an "authority to act" is issued at an overseas post, the Country Director must e-mail or cable the information to the appropriate Regional Director and the appropriate embassy or other unit providing administrative support to the post.

7.0 Authorities Reserved to the Director

7.1 Personnel

7.1.1  Authority to approve initial selection, appointment, promotion, transfer, termination, or disciplinary action relating to the following positions and incumbents: Chief of Staff/Chief of Operations; Associate Directors; the Chief Financial Officer; the Chief Information Officer; Inspector General; Country Directors; Deputy Country Directors; Regional Directors; the Director of Peace Corps Response; the Director of the Center for Field Assistance and Applied Research; the Chief Acquisition Officer; Regional Recruiting Office Managers; and the Director?s Office staff heads, which consist of the General Counsel, the Director for Communications, the Director of Congressional Relations, the Manager of the American Diversity Program; the Director of the Office of Strategic Information, Research, and Planning; and the Director of the Office of Private Sector Initiatives.

 

7.1.2 Authority to approve all personnel actions relating to the Deputy Director;

 

7.1.3 Authority to approve and authorize all time-limited appointments extended beyond five years under 22 U.S.C. 2506(a)(5) and (a)(6). (Appointments under 22 U.S.C. 2506(a)(6) are nontransferable by law, see MS 601);

 

7.1.4 Authority to approve and authorize performance evaluations for the following positions: Chief of Staff/Chief of Operations; Associate Directors; the Chief Financial Officer; the Chief Information Officer; Inspector General; Regional Directors; the Director of Peace Corps Response; the Director of the Center for Field Assistance and Applied Research; the Chief Acquisition Officer; and the Director?s Office staff heads, which consist of the General Counsel; the Director for Communications; the Director of Congressional Relations; the Manager of the American Diversity Program; the Director of the Office of Strategic Information, Research, and Planning; and the Director of the Office of Private Sector Initiatives.

 

7.1.5 Authority to approve all agreements entered into with a labor organization as the exclusive representative of employees, see MS 659;

 

7.1.6 Authority to approve all cash awards over $5,000 for agency employees and Meritorious Step Increases for Country Directors, Deputy Country Directors, and any other employees reporting directly to the Director of the Peace Corps, see MS 622 and MS 662;

 

7.1.7 Authority to approve and authorize restoration of forfeited annual leave;

 

7.1.8 Authority to review grievances at the third level of the grievance process. This authority includes authority to appoint an outside examiner if the grievance is not resolved at the third level; and

 

7.1.9 Authority to decide appeals from General Counsel determinations of ineligibility for employment or Volunteer service under the Peace Corps Intelligence Policy.

7.2 Budget, Finance and Accounting

7.2.1 Authority to approve the annual budget, including supplements, amendments, policies, and assumptions used in developing budget estimates; approve reprogrammings to be submitted to Congress (see MS 701);

 

7.2.2 Authority to approve operating plans and budgets and employment ceilings and revisions thereto;

 

7.2.3 Authority to reallocate funds within budget activities in excess of $25,000;

 

7.2.4Authority to accept on behalf of Peace Corps unconditional gifts of money or tangible personal property in excess of $10,000, and accept all conditional gifts where the condition is other than a restriction to a particular country or area (see MS 721); and

 

7.2.5 Authority to approve domestic and international travel for the Deputy Director (see MS 812).

 

7.2.6 Authority to approve all procurement requests over $800,000 (see MS 732); and

 

7.2.7 Authority to approve domestic and international travel for the Deputy Director (see MS 812).

7.3 Country Agreements

Authority to approve requests to the State Department for the initiation, modification, or termination of Peace Corps country agreements (see MS 340).

7.4 General Administration

7.4.1 Authority to authorize telegrams during "minimize conditions," see MS 832;

 

7.4.2 Authority to approve and authorize changes to the Agency's organizational structure at or above the following levels:

1. Major sub-divisions under the direction of the Associate Directors, Chief Information Officer, Chief Financial Officer, Regional Officers, Director of Peace Corps Response, and the Director of the Center for Field Assistance and Applied Research, and any program unit where the head of the unit reports directly to the Director;
2. Overseas posts; and
3. Regional Recruiting and Administrative offices.

7.4.3 Authority to approve the production of newly designed print and audio-visual materials pertaining to the Peace Corps to be used externally, such as, new pamphlets, brochures, booklets, or films.

7.5 Record Dissemination, Privacy, and Management

7.5.1 Authority to decide appeals from denials of requests for records under the Freedom of Information Act, other than OIG records, and refusals to waive overdue fees.

 

7.5.2 Authority to decide appeals from denials of access to records and for requests for the amendment of records, other than OIG records, under the Privacy Act.

7.6 Equal Employment Opportunity

Authority to: ¹

1. Settle and adjust any complaint of prohibited discrimination or reprisal;
2. With the concurrence of the General Counsel, approve and authorize attorneys' fees permitted under the law in cases of prohibited discrimination or reprisal;
3. With the concurrence of the General Counsel, concur with Justice Department proposals to settle any complaint in litigation that is related to EEO, prohibited discrimination, or reprisal matters; and
4. Take final action in all matters related to EEO, or prohibited discrimination or reprisal.

7.7 Volunteer and Trainee Claims

7.7.1 Authority to make the final Agency decision in Volunteer appeals from administrative separations; and

 

7.7.2 Authority to decide Volunteer appeals from determinations of ineligibility for benefits under Executive Order 11103, relating to non-competitive eligibility for federal employment.

8.0 Transition provision