18 FAM 201.3
DELEGATIONS OF AUTHORITY
(CT:PPP-2; 03-19-2018)
(Office of Origin: A/GIS/DIR)
18 FAM 201.3-1 GENERAL
18 FAM 201.3-1(A) Policy
(CT:PPP-2; 03-19-2018)
(State Only)
The Department of States policies regarding delegations
of authority are as follows:
(1) Written Department of State delegations of
authority are the primary means for assigning specific legal responsibilities
conferred on the Department, the Secretary, or other senior Department
officials by statute, Executive Order, or similar legal instrument to other
Department of State officials and offices;
(2) Delegations of authority generally are for
programmatic, long-term, and other similar responsibilities;
(3) A redelegation of authority can occur, depending
on the terms of the original delegation and applicable law (see 18 FAM 201.3-2,
paragraph c); and
(4) Department offices are required to follow the
procedures set forth in this section. Failure to follow them may affect the
validity of the delegation of authority.
NOTE: The terms "authorities" and
"functions" generally have the same meaning.
18 FAM 201.3-1(B) Scope and
Applicability
(CT:PPP-2; 03-19-2018)
(State Only)
This subchapter applies worldwide to the Department of
State and its employees.
18 FAM 201.3-1(C) Responsibilities
(CT:PPP-2; 03-19-2018)
(State Only)
a. Office of Directives Management (A/GIS/DIR):
(1) Manages the Department of States Delegations of
Authority Program;
(2) Processes delegations of authority for publication
in the Federal Register;
(3) Maintains the Departments inventory of
delegations of authority, including the Web-based Delegation of Authority
Database; and
(4) Provides advice and guidance for formatting
delegations (see A/GIS/DIR Web site).
b. Originating office:
(1) Drafts delegations of authority (see A/GIS/DIR Web
site);
(2) Obtains all appropriate clearances, including the
Office of the Legal Adviser;
(3) Obtains the appropriate authorizing officers
signature on the originals (see 18 FAM 201.3-3);
(4) After signature, forwards the delegation of
authority and required documentation to A/GIS/DIR (see 18 FAM 201.3-3);
and
(5) If appropriate, revises the relevant Foreign
Affairs Manual (FAM) sections to reflect the new delegation of authority.
c. The Office of the Legal Adviser (L):
(1) Provides legal services for the originating
office; and
(2) Reviews, inter alia, the requirement for the
delegation and statutory or other basis of authority or function proposed for
delegation and normally clears it on behalf of L. That L office may consult
with the L office responsible for delegation of authority issues and, in the
case of Vacancy Act issues, the L office responsible for employment law issues.
18 FAM 201.3-1(D) Authorities
(CT:PPP-2; 03-19-2018)
(State Only)
Authorities include:
(1) Section 1(a)(4) of the State Department Basic
Authorities Act , as amended (22 U.S.C. 2651a);
(2) 3 U.S.C. 301; and
(3) 5 U.S.C. 552.
18 FAM 201.3-2 IMPORTANT POINTS
FOR DEVELOPING DELEGATIONS OF AUTHORITY
(CT:PPP-2; 03-19-2018)
(State Only)
a. Draft delegations of authority directly to the
designated officer or office by title. In most cases, this would be an
Assistant Secretary or an Under Secretary. Provide for redelegations of
authority only as specifically authorized under the provisions of, if
applicable, the original delegation or of other relevant authority.
b. A delegation of authority states the specific
actions for which an officer has authority, as well as the limitations and
special conditions that apply to the authority. A delegation of authority is
subject to any legally prescribed condition or criteria of execution, whether
or not mentioned in the delegation. A delegation of authority may also require
periodic reports of the delegated authority.
c. Redelegations:
(1) Authorities originally assigned to the Secretary
or the Department: Unless otherwise specified in law, the Secretary of State
may delegate authority to perform any of the functions of the Secretary or the
Department of State to officers and employees under the direction and
supervision of the Secretary. If the Secretary so specifies, such functions
may be redelegated by the delegated officer or employee to any officers and
employees under the delegated officers direction and supervision (see 22
U.S.C. 2651a); and
(2) Authorities originally assigned to the President:
If an authority was originally assigned to the President, there must be a
delegation of authority from the President to the Secretary or the Department
before a Department of State delegation of authority to a Department officer
can be signed. In addition, unless otherwise specified in law, authorities
originally delegated from the President may only be redelegated to officials
who are appointed by and with the advice of the Senate (see 3 U.S.C. 301).
NOTE: Certain statutes contain specific redelegation
authority that modifies the above general guidance.
18 FAM 201.3-3 SIGNING AND
PROCESSING
(CT:PPP-2; 03-19-2018)
(State Only)
a. The authorizing officer must approve and sign the
delegation under his or her own title. An officer may not sign on behalf of
another; the signature must match the typed name and, if appropriate, indicate
an acting capacity.
b. The signers office immediately forwards the signed
originals and an electronic version to the originating office (see 18 FAM 201.6-6).
c. The originating office must then:
(1) If not directed otherwise, covert and transfer the
unsigned electronic version to an unclassified diskette for publication in the
Federal Register;
(2) Complete Form DS-7605, Required Information for
Delegations of Authority Database;
(3) Forward a paper or scanned copy of the signed
delegation to L; and
(4) Forward the signed originals, the diskette, and
the DS-7605 to A/GIS/DIR.
d. A/GIS/DIR will review the delegation; assign a
delegation number; and record and process the document, including, as
appropriate, formatting and transmitting the electronic version to the Federal
Register and notifying the appropriate offices.
e. A/GIS/DIR will post the delegation on the A/GIS/DIR
Web site after the Federal Register publishes it, or as otherwise directed.
18 FAM 201.3-4 CONTROL OF
DELEGATIONS
(CT:PPP-2; 03-19-2018)
(State Only)
a. A/GIS/DIR assigns appropriate serial numbers to
delegations of authority and maintains the Department's records of official
delegations.
b. A/GIS/DIR maintains an electronic listing and
database of all current and rescinded Department delegations on the A/GIS/DIR
Web site.