IHS Chapter 8-101
General Administration Manual
IHS Transmittal 92.01 (07/02/92)

Subject:          RESPONSIBILITIES AND PROCEDURES FOR DELEGATING AUTHORITY
8-101-00 Purpose
           10 Legal Importance of Delegations
           20 Legal Basis for Delegating  Authority
           30 Responsibilities
           40 Policies on Delegating Authority
           50 Documentation to Request Delegations of Authority
           60 Documentation for Delegations of Authority Within the IHS
           70 Processing of Documentation
           80 Actions by the Delegating Official
           90  Publication of Delegations
         100  Technical Assistance

Exhibit 8-101-A   DDCO Listing for IHS Associate Director Offices
Exhibit 8-101-B   DDCO Listing for IHS Area Offices
Exhibit 8-101-C   Sample Enabling Oocument for Delegation of Authority
Exhibit 8-101-D   Sample IHS.Delegations of Authority
Exhibit 8-101-E   Sample Transmittal Memorandum for Delegation of Authority
Exhibit 8-101-F   Sample Transmittal Notice for Delegation of Authority
Exhibit 8-101-G   IHS Headquarters Delegation of Authority Format
Exhibit 8-101-H   IHS Area Oelegations of Authority Format .
 

8-101-00 PURPOSE

A. This chapter establishes policy and procedures for preparing and processing delegations of authority
      within the Indian Health Service (IHS).

B.   This chapter supersedes all previously issued IHS instructions  pertaining to the preparation and
       processing of delegations and is to be used in conjunction with the Department of Health and
       Human Services (HHS) Chapter 8-100 and Public Health Service (PHS)
       Chapter 8-101.

8-101-10  LEGAL IMPORTANCE OF DELEGATIONS

A. Delegations of authority are vital to the operation of IHS. Delegations allow the Director, IHS, to delegate
     to IHS officials the authority necessary to carry out the activities of the Agency,  Carrying out these
     activities without the authority could have a serious : adverse impact on the Agency and the officials who
     act without legal aughority.

B. It is essential that each offi'iial of this Agency has written evidence of legal authority before taking any
     action to expend or use Government funds or resources. An official who approves the expenditure
     of funds without proper legal authority could be held liable for the funds.
 

8-101-20 LEGAL BASIS FOR DELEGATING AUTHORITY

A. Authority of the Director. IHS
The IHS derives authority to delegate through the Reorganization Order of January 4, 1988, or subsequent delegations from the Assistant Secretary for Health (ASH), PHS, for program delegations, and the Director, Office of Management (OM), PHS, for administrative and financial delegations.

B. Authority to Delegate and Redelegate

     1. The Director, IHS, or any other IHS official may delegate and authorize redelegation of any
          authority conferred on  him/her by law or delegation, unless the law or the delegation prohibits
          such redelegation.

    2. Any IHS official or employee who delegates or redelegates authority may continue to exercise the
        authority, since the act of delegating does not divest the delegating official of the authority.

C. Rescinding Authority
       Authority that is delegated to an official may be retained at that level by the official.
 

8-101-30 RESPONSIBILITIES

A. Staff Responsibilities

The Office of the Director, IHS, the IHS Associate Directors, and the Area Directors are responsible for
identifying the need for legal authority to administer their programs and activities. The Manual
Issuance and Delegations Control Branch (MIOCB), Division of Management Policy (OMP),
Office of Administration and Management (OAM) is responsible for (1) developing requests for delegations
of program authorities and (2) submitting the delegation packages,through the Director, IHS, for approval,
and forwarding the delegation packages to the Secretary through PHS when appropriate, as prescribed  herein.
In those instances where the authority has broad delegation impact throughout the IHS, MIDCB is responsible
for developing The delegation package requesting ttie authority from the Secretary, HHS.
 

The IHS officials are responsi'ble for identifying the need for delegating authority within their organizations
and to subordinate organizations; for delegating authority to subordinates and making
certain that these officials understand the substance and limits of their authorities; and for periodically
reviewing current delegations within the organization to determine their continued need.

B.Headquarters Delegation Control System

1. The Chief, MIOCB, is the Directives/Delegations Control Officer (DDCO) for the IHS.
     The Agency DDCO,  under the direction of the  Director, DMP, assumes the following responsibilities:

     a.  Develops IHS policies and procedures regarding the delegation of authority.

     b. Provides IHS instructions on delegations that are adopted.

     c. Directs the provision of technical assistance on the use and application of delegations of authority.

    d. Serves as the principal staff advisor within IHS on delegations of authority.

    e  Administers the IHS Delegations Control System.

   f.  Coordinates the review of proposed delegatiok submitted for
        approval by the Secretary, the ASH, or the Director, IHS.

   g.  Maintains a master listing and the official files of all delegations made by the Director, IHS.

2.  Each IHS Associate Director shall designate a DDCO and alternate for their respective
      organization in writing. Each Associate Director's DDCO assumes the following responsibilities:

          b. Implements IHS policies and procedures on delegations of  authority.

          c. Administers the organization's delegations of authority.

           d. Maintains a master listing and official files of all  delegations made to and
               within the organization.

3. See IHS Exhibit 8-101-A for a complete listing of principal DDCOs within the IHS
    Associate Director Offices.

C. Area Delegation Control System
Each Area Director shall develop and maintain, within the guidelines of this chapter, a delegation control
system for their organization that, at a minimum, provides for the following:

1. Designation of an Area OOCO and an alternate DOCO.

2. Effective review of each delegation before putting it into effect to ensure that it meets the criteria
    stated in this chapter.

3. Prompt notification to all affected managers, supervisors, and other personnel of any changes in
    the authorities delegated to them.

4. Effective means for keeping all delegations current and available,
    including but not limited to these actions:

   a. Prompt identification of the need to delegate authority.

  b. Filing of all delegations made to or within the organization with the organization's DDCO.

 c. Periodic review (at least annually) of existing delegations to determine if they are needed,
      up-to-date, and consistent with Department, PHS, and IHS policies.

 5. See IHS Exhibit 8-101-B for a complete listing of principal DDCOs within the IHS Area Offices. .

8-100-40 POLICIES ON DELEGATING AUTHORITY

A. Flow of Delegated Authority

     1. Program authorities are delegated by the ASH to the Director, IHS, for redelegation within IHS,
          as appropriate.   Program delegations normally follow organizational lines except in cases where it is
          stated otherwise (i.e., laws, or the delegations;from the ASH state who must exercise the authority).

  2.  Administrative authorities are delegated by the ASH to the Director, OM, who delegates to the Director,
       IHS(who in turn redelegates to the Director of Headquarters Opetations (DHO), IHS. Administrative
       and financial management delegations normally follow organizational lines, except in cases where the
       delegations from the Director, IHS, state otherwise.

3. .Personnel administrative authorities for IHS Headquarters East staff are delegated to the Director,
    Division of Personnel Management (OPM), IHS, by  the Associate Director, OAM.

4. Personnel administrative authorities for the personnel staffs within the Area Offices are delegated by the
    Assistant Secretary for Personnel Administration (ASPER) to the Regional Personnel
   Officers, who redelegates directly to the Area Directors.

B. Authority of the Deputy Director

The Deputy Director, IHS, has the same authority as the Director only when acting in the
Director's absence.

C. Authority of the DH0

The DH0 has all appropriate administrative and program authorities as  delegated by the Director, IHS.

D . Authority of the Associate Director. OAM

The Associate Director, OAM, as the Chief Administrative Officer in the IHS,  has all the appropriate
authorities as delegated by the DHO. The A ssociate Director, OAM, redelegates authority to all
Associate Directors and others, as appropriate.

E. Authority of the Associate Directors

The Associate Directors have appropriate administrative authorites as  delegated by the Associate Director,
OAM. The Associate Directors have appropriate program authorities as permitted by the Public Law or
Executive Order.

F. Authority of the Area Directors

 The Area Directors have the appropriate administrative authorities as delegated by the DHO.
 The Area Directors have appropriate program authorities as permitted by the Public Law
 or Executive Order.

G. Authority to Redelegate

 Any delegated authority may be redelegated totally or partially unless the delegation document
 prohibits or restricts redelegation. All delegation documents shall state whether an authority can
or cannot be redelegated.

The IHS Associate Oirectors and Area Oirectors should redelegate both program and administrative
authorities to the appropriate operating  level, when permitted. Redelegations should follow the
organization's chain of command.

G. Delegating Authority to Positions

Authority is generally delegated from official position to official position. Therefore, IHS authorities
are delegated to official titles (e.g. Associate Director, Office of Health Programs). On rare occasions,
an administrative or financial management authority may require delegation to a specific individual
within an organization.

If an official holds two titles, he/she receives or delegates authority as the incumbent of the position to
Which the delegation applies. For example, one person may function as both the Associate Director,
OAM, and the Director, OMP. However, when he/she receives or delegates authority in his/her
capacity as Director, OMP, only the title Director, OMP, is used in the memorandum; the title
Associate Director, OAM, is omitted.

H.Delegations to be in Writing

All delegations shall be made in writing. See General Administration
Manual (GAM) IHS Chapter 8-101-60 for format and content of delegation
documents.

I. Effective Date of Delegations

Each delegation becomes effective upon the date of signature. No delegation can be made retroactive.
However, actions taken prior to the effective date may be ratified by the Director, IHS, or appropriate
delegating official with the approval of the Office of General Counsel (OGC).-.

J. Review by the OGC

All program delegations within IHS will be cleared with the OGC. If the delegation is for the signature
of the Director, IHS, the ASH, or the Secretary, formal clearances shall be obtained by,MIDCB staff
before submission to the Executive Secretariat/IHS, or the Director, IHS. The initiator of the
delegation May obtain advice and guidance. from the OGC during the developmental stage.

K. Effect of Reorganization on Delegations

When an IHS organization is reorganized, delegations to and within the  IHS organization should be
continued. Therefore, a statement ("in them or their successors") should be added within the
reorganization order to  continue existing authorities. See GAM HHS Chapter 8-60 and GAM
HHS Chapter 8-60-50H.

L. Authority of Acting Official

Authority is generally delegated from official position to official position. Therefore, an acting official will
delegate an authority in the full capacity of the position and omit the word "Acting" in the "From" line of
the instrument of delegation, The word "acting" is added to the title below the official's signature. Similarly,
the word "acting" is omitted in the "To" line of the instrument of delegation. Any officially designated
individual in an acting capacity has the full authority of that official position.

M. Advance Consultation

During the planning stage of a new, amended, or canceled delegation, consultation is advised. The IHS
officials should consult with MIDCB staff, OGC, or any other IHS staff affected directly or indirectly
by the delegation.

N. Effect of Absence of Funds on Program Delegations
The absence of funds appropriated by the Congress for a program for any fiscal year will not be used as
grounds to avoid or defer requesting delegations of authority pertaining to that program by the
responsible IHS office.

0. Effect of Subsequent Legislation

Program authorities are delegated on an "in futuro" basis and should  read, for example: "Indian Self-
Determination and Education Assistance Act, as amended." The term "as amended" encompasses
subsequent  legislation and automatically conveys any additional authorities contained therein.
Delegations of authority for public laws that do not  amend the PHS Act or the Social Security Act,
so called  free-standing  public laws, should state "as amended hereafter."

8-101-50 DOCUMENTATION TO REQUEST DELEGATIONS OF AUTHORITY

A. Request for a Delegation of Authority from the Secretary to ASH, with Redelegation
    to the Director, IHS.

For information on this type of documentation, see
GAM PHS Chapter 8-101-20.

6. A Request for a Delegation of Authority from PHS to the Director, IHS
  (Without Requiring a Delegation from the Secretary).

For information on this type of documentation, see GAM PHS Chapter 8-101-20.

8-101-60 DOCUMENTATION FOR OELEGATIONS OF AUTHORITY WITHIN THE IHS

A. Administrative Authorities.

   1. The Director, IHS, delegates all administrative authorities to the DHO.

        a. The DHO delegates the authorities to the Associate Director,OAM, and to the Area Directors.,

        b. The Associate Director, OAM, redelegates authorities to IHS Associate Directors, if appropriate,
             for further redelegation to other appropriate Headquarters levels.

         c. The Area Directors redelegate their authorities to the Executive Officer, if appropriate, for
              redelegation to their Office Directors and/or Service Unit Directors.

B. Personnel Authorities.

a. Personnel administrative authorities are legal and regulatory authorities exercised by Servicing Personnel
    Offices. These authorities include the appointment, promotion, demotion, or separation of personnel;
    classification of positions; .fixing of pay, or authorization of training

b. Personnel administrative authorities for IHS Headquarters East staff are de:legated to the Director,:DPM,
     OAM, IHS, by the Associate Director, OAM.
 

c. Personnel administrative authorities for the personnel staffs within the Area Offices are delegated by
    ASPER to the Regional Personnel Officers, who redelegates directly to the Area Directors.

d. Personnel management.authorities are authorities exercised by line managers, such as the selection
    of personnel, acceptable level of competence determination, employee   appraisal, quality increases,
     performance awards, adverse actions, leave, overtime, or approval of training.

e. Personnel management authorities are delegated to the Associate Directors by the Associate
    Director, OAM, as the agency's Chief Administrative Officer, for further redelegation,
   as appropriate, to line managers.

f. Personnel management authorities are delegated to the Area Directors by the DHO.

C. Documentation Requirements for Administrative Delegations of Authority.

1. An enabling document establishes the need for an IHS delegation of an administrative authority.
    An Administrative Delegation of Authority is received in the MIdCB from the PHS. See IHS Exhibit
    8-101-C.

2. A draft delegation of authority is developed by the MIDCB and the appropriate organization and function
    (O&F) staff. The final delegation of authority contains the following information:

      a.   Authority(ies) delegated and to whom;
      b.   By whom the delegation is made;
      c.   Authority to redelegate;
      d.   Restrictions and limitations;
      e.   Information and guidance;
      f.   Any supersessiojns amendments, or cancellations of previous delegations; and
      g.   Effective date of delegation.

     See IHS Exhibit 8-101-D.

   3. A transmittal memorandu&is prepared by MIOCB to transfer the signed delegation of authority to
        the officials receiving the authority. See IHS Exhibit 8-101-E. .,

4. A transmittal notice is prepared by MIOCB to transmit the delegation of authority to. all appropriate
     IHS officials for filing. See IHS Exhibit 8-101-F.

5. The IHS Exhibit 8-101-G provides an example of the IHS Headquarters Delegations of Authority Format.

6. The IHS Exhibit 8-101-H provides an example of the IHS Area Delegations of Authority Format.

8-101-70    PROCESSING OOCUMENTS

A. Review Process

    1. Clearance with OGC. It is the responsibility of MIOCB to obtain  clearance from OGC, as appropriate,
        on the delegation instruments to be signed by the Director or the DHO. This clearance will be indicated
        on the yellow file box copies of the delegation instruments.

    2. Clearance with the PHS or Appropriate IHS Office. It is the responsibility of MIDCB to obtain clearance
        from PHS or the IHS offices receiving portions of the authority or that are otherwise involved. Such
        clearance may be indicated by either a sign-off on  the yellow file box copy of the transmittal
        memorandum or, if more expeditious, by the clearing office writing a note of concurrence, which must
        then be included in the package.
.

   3. MIDCB Review. The MIOCB reviews the package for accuracy and  completeness and obtains necessary
       clearances, including clearance from the Associate Director, OAM, and the Director, IHS.

B. Copy Requirements

     The copy requirements for a delegation package containing a delegation from the Secretary to the ASH
      are the same as those contained in the HHS Communications Style Guidelines for other correspondence;:

C. Distribution and Depository

      The Chief, MIDCB, as the Agency DDCO, maintains the legal depository for IHS delegations of authority.
      Therefore, MIDCB retains  the original,signed delegation of authority and furnishes a copy to each
       addressee.

8-101-80 ACTIONS BY THE DELEGATING OFFICIAL

A. The delegating official, upon signature, is to return the original delegation (including the file copies) to the
      appropriate DDCO for distribution and maintenance of the complete official file.

        1. The Agency DDCO will, for the Director and the Office of the Director:

            a. notify all the delegates of the delegation;

           b.  prepare the printing inquisition for administrative and financial delegations in order for them to
                be published in the manual system;

           c.  maintain the official files for all delegations that require the Director's, ASH's, or the Secretary's
                approval  These files will include the signed copy and a yellow-box copy reflecting the clearances

2. The Area/Headquarters DDCOs will, for their respective areas of authority:

     a. notify all delegates of the delegation;

    b. maintain the official files for all delegations pertaining to their organizations. These files will include
         the signed copy and a yellow-box copy reflecting the clearances; and

    c. send a copy of all program redelegations within their organization to the MIDCB.

8-101-90  PUBLICATION OF DELEGATIONS
 

A. Delegations Affecting the Public

    Whenever an IHS official makes a delegation or redelegation of authority that may have a significant
     impact on the public, the appropriate DDCO will assist the delegating official in preparing a Federal
    Register notice for the signature of the Director, IHS. (It should be noted that all program
    delegations prepared for the signature of the Director, IHS, will have a Federal Register notice
    attached for the Director to sign, as a part of the delegation package.)
 

B. Issuing Delegations of Program Authorities

     Reserved

C. Issuing Delegations of Administrative and Financial Authorities

    All administrative and financial management authorities signed by the Director, IHS, will be published
    in the Delegations of Authority Binders with an index of all delegations of authority located in the
    Indian Health Manual, Part 1, Chapter 5.

8-101-100 TECHNICAL ASSISTANCE

Technical assistance on delegating authorities and applying the provisions of this chapter may be
 obtained from the MIDCB staff.