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Appendix II--Table of Delegations


DOJ 1200.1

Appendix II--Table of Delegations (Jan. 10, 2005)

Delegations of Personnel Authority

Note: Readers must consult the Source document(s) for any limitation on redelegation. References to chapters in this order are prefaced with HRO.

 

Employment

Authority Delegation Source Redelegation
Intergovernmental Personnel Act assignments Retained by DAG for DOJ employees on external IPA assignments; Bureau Head HRO Part 1, Chapter l, Intergovernmental Personnel Act Assignments May be redelegated.
Reemployment of retirees without loss of pay or annuity to meet exceptional employment needs Retained by OPM 5 CFR Part 553; HRO Part 1, Chapter 2, Reemployment of Retirees Without Penalty to Meet Exceptional Emloyment Needs May not be redelegated.
Determination of length of probationary period for managers who served in positions with supervisory and managerial respsonsibilities Bureau personnel officers HRO Part 1, Chapter 5, Probationary Period for Supervisors and Managers in the Competitive Service May be redelegated.
Exceptions to the maximum entry age of LEOs AAG/A Part 1, Chapter 6, Maximum Entry Age and Mandatory Retirement of LEOs; delegation from the Attorney General (Jun. 4, 1991) May be redelegated.
Approval of waivers to the maximum entry age of LEOs for BOP nurses and psychologists up to age 40; BOP physician's assistants; USMS LEOs up to age 40 For BOP nurses and psychologists, Director, BOP; for USMS LEOs, Director, USMS HRO, Part 1, Chapter 6, Maximum Entry Age and Mandatory Retirement of LEOs; delegation to the Director, BOP, from the AAG/A for nurses and psychologists (Jan. 10, 1994); delegation to the Director, USMS, from the AAG/A for USMS LEOs (Dec. 22, 1997) May not be redelegated.
Exceptions to the mandatory retirement of LEOs AAG/A HRO, Part 1, Chapter 6, Maximum Entry Age and Mandatory Retirement of LEOs; delegation from the Attorney General (Jun. 4, 1991) May be redelegated.
Exceptions to the mandatory retirement of LEOs for DEA Special Agents; up to 20 FBI LEO SES members; FBI non-SES Special Agents For DEA Special Agents, the Administrator, DEA; for FBI LEO SES members and non-SES Special Agents, the Director, FBI HRO, Part 1, Chapter 6, Maximum Entry Age and Mandatory Retirement of LEOs; delegation to the Administrator, DEA, from the Attorney General (Nov. 17, 1997); delegation to the Director, FBI, from the Attorney General (Jun. 4, 1991 (SES) and Aug. 29, 1995) May not be redelegated.
Employment of experts and consultants Component Head HRO, Part 1, Chapter 7, Employment of Experts and Consultants May be redelegated


Compensation

Authority Delegation Source Redelegation
Classification of GS positions and wage jobs, except for attorney and law student positions Bureau Head 28 CFR 0.15(b)(1); 0.76(o); 0.138; 0.159 May be redelegated.
Classification of GS attorney and law students positions Director, Office of Attorney Personnel Management 28 CFR 0.15(c) and (e); 0.19(a)(1); delegations from DAG (Mar. 28, 1994) and Assoc. AG (Mar. 23, 1998) May be redelegated.
Compensatory time Bureau Head HRO Part 2, Chapter 3, Hourly Compensation for Overtime Work May be redelegated.
Non-special salary rate as highest previous rate (non-attorneys) Appointing Officers HRO Part 2, Chapter 2, Highest Previous Rate May not be redelegated.
Special salary rate as highest previous rate (non-attorneys) Bureau Head HRO Part 2, Chapter 2, Highest Previous Rate May be redelegated.
Highest previous rate (attorneys) Bureau General Counsels or OBD Heads Attorney Personnel Memorandum 97-10 (June 30, 1997) May be redelegated.
Recruitment and relocation bonuses Bureau Head, except for the following:  DAG for Executive Schedule, and Administratively Determined pay systems; Immigration Judges; and Presidential appointees. Bureau General Counsels or OBD Heads for attorneys and law clerks. 28 CFR 0.76(o), 0.77, 0.79, 0.138, and 0.159; 5 CFR part 575; HRO Part 2, Chapter 5, Recruitment and Relocation Bonuses; Attorney Personnel Memorandum 97-10 (June 30, 1997); delegations from the DAG (Dec. 29, 1999) effective March 1, 2000 May be redelegated.
Retention allowances

Note:   Allowances may NOT be paid on a group or category basis to Executive Schedule, SES, or senior level employees; Presidential appointees; U.S. Trustees; and Immigration Judges. OPM must approve payment of retention allowances of more than 10 percent to a group or category of employees.

 Bureau Head, except for the following:  DAG for Executive Schedule, SES, Administratively Determined, and Sr. Level pay systems; Immigration Judges; and Presidential appointees. Bureau General Counsels or OBD Heads for attorneys and law clerks. 28 CFR 0.76(o), 0.77, 0.138, and 0.159; 5 CFR part 575; HRO Part 2, Chapter 6, Retention Allowances; Attorney Personnel Memorandum 97-10 (June 30, 1997) May be redelegated.
Foreign language awards Bureau Head 5 U.S.C. 4523;
HRO Part 2, Chapter 8, Foreign Language Awards		 May be redelegated to a level no lower than the Bureau Personnel Officer.
Supervisory Differentials Bureau Head HRO Part 2, Chapter 9, Supervisory Differentials May be redelegated to a level no lower than the Bureau Personnel Officer.
SL pay-setting up to and including the SL-3 maximum rate, except for noncareer-type and FBI and DEA employees Component Head 28 CFR 0.15; delegations from the DAG (Dec. 29, 1999) effective March 1, 2000; HRO Part 2, Chapter 10, Pay for Senior Level Positions May not be redelegated
SL pay-setting for FBI and DEA employees up to the maximum SL rate, except for noncareer-type employees and employees who report directly to the Director, FBI or the Administrator or Deputy Director, DEA The Director, FBI; the Administrator, DEA Same as above May not be redelegated
SL pay-setting not covered by one of the delegations of SL pay-setting authority above Retained by the DAG Same as above May not be redelegated
Student loan repayment Bureau Head for GS and prevailing rate (wage), except Bureau General Counsels or OBD Heads for attorneys and law clerks. DAG for other eligible categories. 28 CFR 0.76(o), 0.77, 0.79, 0.138, and 0.159; 5 CFR part 537; HRO Part 2, Chapter 12, Student Loan Repayment; delegation from the DAG to the Director, OARM (August 16, 2001); OARM Memorandum #01-16 (November 29, 2001) May be redelegated.
Advance payments to new appointees Component Head, except: DAG for SES, Executive Schedule (except AG for Director and Deputy Director, FBI), Senior Level, Immigration Judges, Presidential appointees; and Bureau General Counsel or OBD heads for attorneys and law clerks 28 CFR 0.15, 0.76(o), 0.77, 0.79, 0.138, 0.157(c) and 0.159; 5 CFR Part 550, Subpart B; HRO Part 2, Chapter 13, Advance Payments to New Appointees; OARM Memorandum #02-01 (February 22, 2002) Except for SES, Executive Schedule, Senior Level, Immigration Judges, Presidential appointees, and Director/Deputy Director, FBI, may be redelegated.
Hostile fire pay Bureau Head,except AAG/A for non-career SES, non-career type SL, component heads, and key executive positions. AG Order No. 2670-2003 (April 30, 2003); HRO Part 2, Chapter 14, Hostile Fire Pay May not be redelegated.
Premium Pay Limitations (Emergency determinations under 5 U.S.C. 5547(b)(1)) AAG/A 28 CFR 0.76(f), AG Order No. 2635-2002, November 29, 2002; HRO Part 2, Chapter 14, Premium Pay Limitations May not be redelegated.
Premium Pay Limitations (Mission-critical determinations under 5 U.S.C. 5547(b)(3)) Bureau heads 28 CFR 0.76(f), AG Order No. 2635-2002, November 29, 2002; HRO Part 2, Chapter 14, Premium Pay Limitations May not be redelegated.
Department classification appeal decisions Director, Human Resources, JMD 28 CFR 0.76(o) and 0.138; HRO Part 2, Chapter 15; and delegation from the Director, OARM to the Director, Human Resources, JMD (5-14-03) May not be redelegated.
Awards--Approval of cash awards up to $5,000 (non-attorneys) Component head 28 CFR 0.143 May be redelegated.
Awards--Approval of cash awards up to $5,000 for attorneys, law clerks, and law students, GS-15 and below, or equivalent Component head Delegation from the DAG to the Director, OARM (August 16, 2001); OARM Memorandum 95-18 (November 30, 1995) May be redelegated.
Awards--Approval of cash awards above $5,000 up to $10,000 Retained by Attorney General 28 CFR 0.11(a) May be redelegated.
Awards--Approval of cash awards above $10,000 up to $25,000 Retained by OPM 5 U.S.C. 4502 May not be redelegated.
Approval of time-off as an incentive award (except SES) Component head 28 CFR 0.138 May be redelegated.
Extended assignment incentives Bureau Head, except for the following: DAG for SES, Executive Schedule, Senior Level, Immigration Judges, and Presidential appointees; Bureau General Counsel or OBD head for attorneys. 28 CFR, 0.15, 0.76(o), 0.77, 0.79, 0.138, and 0.159; 5 CFR Part 575, Subpart E; HRO Part 2, Chapter 19, Extended Assignment Incentives; delegation from the DAG to the Director, OARM (August 16, 2001); OARM Memorandum #2005-2 May be redelegated.


Labor/Employee Relations

Authority Delegation Source Redelegation
Discipline and adverse actions Bureau Head HRO Part 3, Chapter 1, Discipline and Adverse Actions May be redelegated.


Workforce Development

Authority Delegation Source Redelegation
Authority to select, assign, and pay for training for employees, except Presidential appointees

Component Heads

28 CFR 0.153 and 0.76 (p): HRO Part 5, Chapter 1, Training and Development. May be redelegated.
Authority to designate Presidential appointees for training

AG except for U.S. Marshals and U.S. Attorneys

 

AAG/A for U.S. Marshals and U.S. Attorneys over $1,500 Director, U.S. Marshal Service for U.S. Marshals under $1500 Director, Executive Office for U.S. Attorneys, for U.S. Attorneys under $1,500

E.O. 11895 and 5 CFR 410.302

 

 

E.O. 11895 and AG Order No. 836-79

May not be redelegated.

 

May not be redelegated

Payment of expenses for credentials, accreditation, licenses, certification, and examinations Note: Expenses may NOT be paid on behalf of any employee occupying or seeking to qualify for appointment to any position that is excepted from the competitive service because of the confidential, policy-determining, policy making, or policy-advocating character of the position, or any attorney position Component Head for GS and Prevailing Rate employees; DAG for SES and equivalent employees 28 CFR 0.75, 0.76(o), 0.77, 0.79, and 0.138; HRO Part 5, Chapter 2, Payment of Expenses for Credentials, Accreditation, Licenses, Certification, and Examinations May be redelegated.


Senior Executive Service

Authority Delegation Source Redelegation
Approval of SES performance appraisals, except for OIG SES employees and key career executives Component Head 28 CFR 0.15; delegations from the DAG (Dec. 29, 1999) effective March 1, 2000 May not be redelegated.
Approval of SES performance appraisals for key career executives Retained by DAG Same as above May not be redelegated.
Approval of SES performance appraisals for OIG SES employees Inspector General P.L. 95-452, Oct. 12, 1978, and delegation from the Attorney General (Apr. 24, 1990) May not be redelegated.


Ethics

Authority Delegation Source Redelegation
Grant most formal determinations Agency Designee (See HRO Part 11, Chapter 1, paragraph C.2.) HRO Part 11, Chapter 1, Procedures for Complying with Ethics Requirements May be redelegated in writing.
Waive prohibitions on certain outside employment Deputy Attorney General HRO Part 11, Chapter 1, Procedures for Complying with Ethics Requirements May be redelegated in writing.
Approve outside employment related to duties Agency Designee (See HRO Part 11, Chapter 1, paragraph C.2.) HRO Part 11, Chapter 1, Procedures for Complying with Ethics Requirements May be redelegated in writing.
Certain public financial disclosure reports Agency Designee (See HRO Part 11, Chapter 1, paragraph C.2.) HRO Part 11, Chapter 1, Procedures for Complying with Ethics Requirements May be redelegated in writing.
Grant first 45-day extension to file public financial disclosure reports Agency Designee (See HRO Part 11, Chapter 1, paragraph C.2.) HRO Part 11, Chapter 1, Procedures for Complying with Ethics Requirements May be redelegated in writing.
Certify confidential financial disclosure reports Reviewing Official with knowledge of employee’s assignments HRO Part 11, Chapter 1, Procedures for Complying with Ethics Requirements May be redelegated in writing.
Grant extension to file confidential financial disclosure reports Component Head HRO Part 11, Chapter 1, Procedures for Complying with Ethics Requirements May be redelegated in writing.

Personnel Recordkeeping

Authority Delegation Source Redelegation
Authorization of final salary and leave payments Clearance Officials 28 CFR 0.75 and 0.76; HRO Part 12, Chapter 2, Clearance Procedures for Employees and Contract Employees Separating from or Reassigned within the Department of Justice May not be redelegated.

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