_____________________________________________________________________________________

TO:Chief Compliance Officer 

Program Compliance

FROM:The Chief Operating Officer

SUBJECT: Delegation of Authority

I.DELEGATION OF AUTHORITY

Under the authority vested in me by the Secretary through delegation number EA/EN/59, certified on May 29, 2008, I hereby delegate to you, to your successor in function, and to anyone serving for you in an acting capacity, the programmatic authorities for Student Financial Assistance programs authorized by the Higher Education Act of 1965, as amended (HEA), identified below, as they relate to institutions of higher education, accreditation agencies, guarantee agencies, lenders, servicers, and other Federal agencies.  This includes the authority to enter into agreements with other Federal agencies, educational institutions, guarantee agencies, lenders and servicers.

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

II.RESERVATIONS/RESTRICTIONS

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

1.The authority to sign certain documents for publication in the Federal Register. 

2.The authority to appoint members of advisory councils and fix compensation. 

3.Unless otherwise provided by law, the authority to submit reports to Congress and the President. 

4. The authority under the Department of Education Organization Act, 20 U.S.C. § 3415, to serve as the principal adviser to the Secretary on matters affecting public and private postsecondary education is reserved to the Assistant Secretary for Postsecondary Education; and

830 First St. N.E., Washington, DC  20202

www.FederalStudentAid.ed.gov

1-800-4-FED-AID

FEDERAL STUDENT AID ►►START HERE.GO FURTHER

Page 2 – Delegation of Authority

5. The authority under Title IV, Part H, Subpart 2, Section 496, of the HEA, 20 U.S.C. § 1099b, relating to recognition of accrediting agencies or associations, is reserved to the Assistant Secretary for Postsecondary Education.

B.The following are delegated subject to specified restrictions:

1.The authority for issuance of administrative subpoenas under Section 490A in Title IV, Subpart G, of the Higher Education Act, as amended, is delegated.  Exercise of this authority is subject to concurrence from the Office of the General Counsel.

2.The authority to execute any agreement under this delegation may not be exercised by anyone who has a conflict of interest related to that agreement**,**as defined in 18 U.S.C. § 208.

3.A person who is the initiating official for an action taken under this delegation may not serve as the deciding official on the same action.  Such actions may include, but are not limited to, an action to limit or end the participation of an entity in the student financial assistance programs, and an action to establish a repayment liability or sanction under 34 C.F.R. Part 668, Subparts G and H.

4.The authority to compromise or waive claims against educational institutions**,** lenders, guarantors, or servicers in excess of $100,000.00 and less than $1,000,000.00, unless the Office of the General Counsel has been consulted and concurs in the recommended compromise or waiver.

5.The authority to compromise or waive claims against educational institutions, lenders, guarantors, or servicers of $1,000,000.00 or more, unless the Office of Postsecondary Education and the Office of the General Counsel have been consulted and both concur in the recommended compromise or waiver.

III.REDELEGATION

Subject to applicable provisions of law, you may redelegate any of the authorities delegated to 

you and may authorize further redelegation.  All redelegations must be prepared in accordance with the Administrative Communications Systems directive, OM:1-102, Delegations of Authority.

IV. CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification by the Department's Delegations Control Officer and supersedes all previous redelegations of these authorities.

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I hereby ratify actions within the scope of this delegation taken by you prior to the date of certification.

_____________/s/_____________

          Lawrence A. Warder

OGC clearance and date:  /s/ David Berthiaume, 6/26/2008

Certified Date:  7/1/2008

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

Control Number:  EN/ENA/60

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**Federal Student Aid Program**

**Delegations of Authority**

APPENDIX

Statutory Programmatic Authorities

**HEA                 Higher Education Act of 1965, as amended**

StatuteDescription of Authority

HEA, Title IV                   Student Assistance

Part A                      Grants to Students at Institutions of Higher Education

Subpart 1        Federal Pell Grants, Academic Competitiveness Grants, National Science and Mathematics Access to Retain Talent Grants

Subpart 3         Federal Supplemental Educational Opportunity Grants

Subpart 4         Leveraging Educational Assistance Partnership Program

      Subpart 9         Teacher Education Assistance for College and Higher Education             

                                          Grants

Part B                        Federal Family Education Loan Program

         Part C                        Federal Work-Study Programs 

Part D                        William D. Ford Federal Direct Loan Program

Part E                         Federal Perkins Loans

Part F                         Need Analysis

Part G                        General Provisions Relating to Student Assistance Programs

Part H                        Program Integrity (except Subpart 2, Section 496 (20 U.S.C. § 1099b)