U.S. DEPARTMENT OF EDUCATION

OFFICE OF THE SECRETARY

TO: The Designated Agency Ethics Official

FROM: The Secretary –s- Lamar Alexander

SUBJECT: Delegation of Authority

I. DELEGATION

Under the authority vested in me by Section 412 of the Department of Education 

Organization Act, 20 U.S.C. § 3472, I hereby delegate to you the authority to 

implement the Financial Reporting Systems required under 5 C.F.R. Part 2634, 

including, but not limited to, the authority to:

(a) determine the positions for officers and employees, including special 

government employees, that are subject to the requirements for filing 

confidential financial disclosure reports (5 C.F.R. §§ 2634.904-905) or 

subject to the requirements for filing public financial disclosure reports (5 

C.F.R. §§ 202-204);

(b) review and certify reports submitted to the Department in accordance with 

internal agency procedures (5 C.F.R. § 2634.605);

(c) determine appropriate remedial action necessary after a determination that 

a conflict, or the appearance of a conflict, exists between an employee's 

interests and the performance of the employee's service for the 

Government (5 C.F.R. § 2634.605(b)(5)); and

(d) review and make initial determinations relating to any complaint filed by 

an individual that his or her position has been improperly determined to be 

one which requires the submission of a confidential financial disclosure 

report (5 C.F.R. § 2634.906).

This authority must be exercised in accordance with the Ethics in Government 

Act, Public Law 95-521, as amended; by Executive Order 12674 of April 12, 

1989, as modified by Executive Order 12731 of October 17, 1990.
Unless otherwise noted in future delegations of authority, amendments to the 

existing authorities delegated herein are included within the scope of this 

delegation.

II. REDELEGATION

The authority to make an initial determination regarding a complaint referred to in 

section I.d above must be redelegated immediately to the Alternate Designated 

Agency Ethics Official.

III. RESERVATIONS

a) An initial determination made by the Alternate DAEO, as described in 

subsection II above, may be appealed to ou for a final determination. 

Therefore, you mau not redelegate the authority to make such final 

determination.

b) The initial determination and the final determination regarding an individual’s 

complaint under sbsection I.d. above may not be made by the same person.

IV. CERTIFICATION AND EFFECTIVE DATE

This delegation is effective on October 5, 1992 upon certification by the 

Department's Principal Delegation Control Officer.

This delegation does not supersede the provisions of the Delegation of Authority 

dated March 8, 1989 (Delegation Control No. EA/EG/37) relating to the 

implementation of confidential reporting requirements contained in Subpart E of 

Part 73 of 34 Code of F3ederal Regulations. Subpart E will be revoked as of 

October 5, 1992, but will remain in effect with respect to any matters that are still 

pending under its provisions.

OGC Clearance and Date: /s/ R. Wexler

Certified Date: 10/5/1992

Departmental Delegations Control Officer: /s/ Wilma J. Hodo

Control No. EGB/EGB/56