Delegation of Administrative Policy and Oversight of Grants and Cooperative Agreement And

UNITED STATES DEPARTMENT OF EDUCATION

THE SECRETARY

MEMORANDUM

TO: Director, Risk Management Service

Office of the Secretary

FROM: The Secretary

SUBJECT: Delegation of Administrative Policy and Oversight of Grants and Cooperative Agreements

I. DELEGATION OF AUTHORITY

Under the authority vested in me by Section 412 of the Department of Education Organization Act, P.L. No. 96-88, 20 U.S.C. 3472, I hereby delegate to you or to anyone serving for you in an acting capacity:

A.  the authority to perform all functions related to the award, management and oversight, and setting of administrative policy of Department formula and discretionary grants and cooperative agreements. This includes the authority to take any action as deemed appropriate and necessary to manage and mitigate risks associated with Department high risk or at-risk grants and grantees, and

B.  the authority to impose non-procurement debarments and suspensions and to manage enforcement of non-procurement debarments and suspensions.

Unless otherwise noted in future delegations of authority, amendments to the authority delegated in this document are included within the scope of this delegation.

II. RESERVATIONS

Unless otherwise noted in existing or future delegations of authority, the following are not delegated:

A. the authority to sign Federal Register notices;

B. the authority to appoint, and fix compensation of, members of advisory councils;

C.  unless otherwise provided by law, the authority to submit reports to Congress or the President; and

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D.  any authority reserved by law solely to the head of the agency without redelegation.

III.  REDELEGATION

A.  You may not delegate the authority to set administrative policy for formula and discretionary grants and cooperative agreements.

B.  You may not delegate the authority to impose non-procurement debarments and suspensions and to manage enforcement of non-procurement debarments and suspensions.

C.  You may not delegate the authority as the final arbiter on cross-Department risk management strategies developed to manage and mitigate risks associated with Department high risk or at-risk grants and grantees.

D.  You may delegate any of the other authorities delegated to you, and authorize further delegation.

IV. CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification by the Department’s Delegations Control Officer and supersedes all previous delegations of these authorities. I hereby ratify actions within the scope of this delegation taken by you prior to the date of certification.

______/s/______

Margaret Spellings

OGC Concurrence and Date: /s/ David Berthiaume. 3/12/2008

Certified Date: 3/26/2008

Departmental Delegations Control Officer: /s/ Naty G. Beetle

Control Number: EA/EAR/165