Text Delegation Procedures
When Proposing a Delegation of Authority, the delegation must include the following as a minimum:
- Citation of the original source of the authority (i.e. statute, executive order or proclamation or regulations issued by other Executive Branch agencies);
- Description of the authority to be delegated;
- Any limitation(s) imposed, including restrictions on redelegation;
- Citation of any previous delegation(s) of authority which is/are to be amended or rescinded, if applicable
- A signature block; and
- Standard Departmental boilerplate language and format is in the Delegation Template.
Develop an accompanying action memorandum to the Secretary stating your issue, discussion and recommendation.
Provide the proposed delegation and accompanying memorandum to the Office of the Assistant General Counsel for General Law (GC-77) and appropriate Departmental Elements having a direct interest in the delegation for coordination.
Ensure that General Counsel (GC-1) and Head(s) of Departmental Element(s) having direct interest in the delegation concur.
When proposing a Redelegation of your existing Delegation of Authority, the delegant may place limitations or add stipulations to the redelegation. The redelegation does not relinquish the delegant's power to exercise that authority, nor does the redelegation relieve the delegant from responsibility for action(s) taken pursuant to the Delegation. The redelegation must at a minimum include the same procedures listed above.
When proposing an Amendment to an existing Delegation of Authority, the proposed amendment must be incorporated into the existing delegation of authority, and where applicable, existing redelegation of authority. Procedures for effecting such amendments are as follows:
- Use an electronic copy of the existing delegation of authority [obtained from Kevin Hagerty (MA-90), 202-586-5955 or Gail Cephas, (MA-90),202-586-1049] as a base, incorporate and highlight the proposed amendment(s).
- Develop an action memorandum to the Secretary stating the proposed amendment(s), justification, and recommendation, along with the draft Delegation containing the highlighted change(s).
- Provide the proposed amendment and accompanying memorandum to the Office of the Assistant General Counsel for General Law (GC-77) and any Departmental Elements having direct interest in the delegation of authority for coordination.
- Ensure that General Counsel (GC-1) and Head(s) of Departmental Element(s) having a direct interest in the delegation concur.
When rescinding a Delegation of Authority, normally, old delegations of authority are rescinded as new delegations of authority replace them by citing the old delegation of authority assigned number. Occasionally, an entire delegation of authority may need to be rescinded. Delegations of authority may be rescinded by a memorandum singed by the Delegant. Coordinate with GC-77, and send the hard copy signed memorandum to Kevin Hagerty or Gail Cephas.
When a Delegation of Authority is not needed:
- Memoranda designating an individual to serve in an "acting" capacity during the absence of a Department of Energy official.
- Delegation of routine office-management and/or administrative responsibilities from one official to another within a particular office.
- Specific actions assigned by law, regulation, or Executive Order to the Department of Energy, the Agency, or the Administration, rather than a specific official(s). Requirements of this type are generally addressed through the Department's directives system.
- Secretarial Delegations of Authority, which are legal instruments used when agency heads are required by law or regulation to designate an individual within the Department as the Agency Official of focal point for a specific program or activity. For example, the Secretary is required by law to designate an individual within the Department as the Designed Agency Ethics Official. This is accomplished through a Secretarial Designation of Authority. (Contact GC-77 for a sample Designation Order and for legal guidance.)