THE SECRETARY OF EDUCATION
Washington, DC 20202
MEMORANDUM
TO:Director, Program Management Services
Business Operations
Federal Student Aid
THROUGH:Chief Business Operations Officer
Business Operations
Federal Student Aid
THROUGH:Chief Operating Officer ◄▬▬
Federal Student Aid
FROM:The Secretary
SUBJECT:Delegation of Authority for Collection and Compromise of Claims against Individuals under the Federal Student Aid (FSA) Programs
I.DELEGATION
Under the authority vested in me by section 412 of the Department of Education Organization Act, 20 U.S.C. §3472, by 31 U.S.C. §3711, and by those provisions of the Higher Education Act of 1965 that authorize the collection and compromise, waiver, and write-off of claims of the Department against individuals arising from their obligation to repay current or defaulted student loans held by the Department, I hereby delegate to you, your successor in function, and anyone serving for you in an acting capacity, the following authorities:
- The authority to certify to the Secretary of the Treasury pursuant to 31 U.S.C. §3716 and §3720A, and to any other official to whom certification may be required, that collection actions required by applicable statute, regulation, guidelines, or agreements have been taken with respect to these claims; and
Page 2 – Delegation of Authority
- The authority to enforce, compromise, waive, and write off the collection of claims of the Department against individuals who have current student loans held by the Department or have defaulted on their obligation to repay loans or grant overpayments held by the Department, in accordance with the Federal Claims Collection Standards and Department regulations, except with respect to a claim that appears to be fraudulent, false, or misrepresented by a party with an interest in the claim.
Unless otherwise specified in future delegations of authority, amendments to the authorities delegated herein are included within the scope of this delegation.
II.RESERVATIONS
None.
III.REDELEGATION
A.The authority to certify compliance with collection requirements may not be redelegated.
- The authority to enforce,compromise, waive, or write off claims against individuals for repayment of current or defaulted student loans and grant overpayments may be redelegated subject to financial limitations you may establish.
IV.CERTIFICATION AND EFFECTIVE DATE
This delegation is effective upon certification by the Department’s Principal Delegations Control Officer and supersedes delegations EA/EN/54 and EA/ENG/55.
I hereby ratify actions within the scope of this delegation taken by you prior to the date of certification.
______/s/______
Arne Duncan
OGC Clearance and Date: /s/ David Berthiaume, 11/5/2009
Certified Date: 11/9/2009
Departmental Delegations Control Officer: /s/ Naty G. Beetle
Control Number: EA/EN/68