MEMORANDUM

TO: Chief Administration Officer

FROM: Chief Operating Officer

SUBJECT: Re-delegation of Human Resources Authority

Under the authority delegated to me by the Secretary of Education, in Delegation Control 

Number EA/EN/58 certified on January 9, 2006, I hereby redelegate to you, your 

successor in function, or anyone serving for you in an acting capacity or delegated the 

authority to perform the functions and duties of your position, Human Resources 

Authority with respect to the operations of Management Services of Federal Student Aid 

(FSA) as it interacts and collaborates with the rest of the Department of Education (ED or 

Department), including the Office of Finance and Operations (OFO) formerly the Office 

of Management. The authority being delegated to you includes the following: 

1. The responsibility and accountability for day-to-day implementation of personnel 

decisions and processes. In the exercise of these human resources functions, you will 

abide by all applicable laws, regulations, collective bargaining agreements, and 

departmental policies and guidance, including specific personnel requirements 

necessary to comply with Department-wide initiatives (such as diversity recruitment 

or internal placement activities).

2. The ability to customize specific personnel policies tailored to the business needs of 

FSA. You will work with ED’s Human Resources Director, who will assist you in 

reviewing and resolving legal sufficiency issues related to any such customized 

personnel policy. You will obtain ED’s senior management approval for any FSA 

specific personnel policies (e.g., performance appraisal, awards, etc.). You will 

notify OFO/Office of Human Resources of any modifications to personnel policies 

that FSA implements and provide copies of the modified policies for Departmental 

records.

3. The authority under ED's Human Capital Policies (HCPs), Human Capital 

Memorandum (HCM), Personnel Manual Instructions (PMIs) to make decisions on a 

full range of personnel actions affecting FSA, as well as, to carry out the following

FSA’s human resources activities and functions:

a. Detail FSA employees.

b. Approve Time-in-Grade Waivers.
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c. Appoint Senior Managers and Professional/Technical Employees permitted 

under FSA’s PBO legislation, as amended. 

d. Carry out Merit Promotion Plan activities for FSA.

e. Make Superior Qualification Appointments. 

f. Carry out Reductions-in-Force for FSA, in coordination with ED. 

g. Approve of Telework Agreements (flexiplace).

h. Carry out all disciplinary actions and adverse actions (counseling, reductions in 

grade, removal, and all other adverse actions) for FSA. FSA will consult with 

the Office of the General Counsel (OGC) on adverse actions of 14 days or 

more and reductions in grade and removals, including performance-based 

actions.

i. Establish Senior Level/Senior Technical pay (SL/ST pay). 

j. Approve Grade and Pay Retention. 

k. Manage Placement of Grade Retention Employees within FSA and approve 

exceptions to the placement requirements.

l. Approve Student Loan Repayments. 

m. Approve overtime pay for GS-15s. 

n. Administer the Voluntary Leave Transfer Program (VLT), approve an 

employee’s application to become a leave recipient and approve the donation 

of annual leave under ED’s VLT for ED employees.

o. Approve Recruitment Bonuses, Relocation Bonuses, and Retention 

Allowances. 

p. Handle FSA Employee Grievances.

q. Approve and effect non-discretionary actions.

r. Administer oaths of office upon entry of duty. 

s. Approve and effect emergency appointments. 

4. The authority to carry out the following Employee Relations activities not 

specifically covered by ED's HCP, HCMs and PMIs: 

FSA Delegations of Human Resources Operating Authority

a. Through ED’s existing contracts or other appropriate vehicles, provide FSA 

managers with counseling services to assist them in carrying out the following 

management responsibilities: adverse actions; disciplinary actions; performance 

based actions; within grade denials; suitability determinations; reasonable 

accommodation determinations; medical issues; administrative grievances; 

management representation (unemployment hearings); settlement agreement 

negotiations; technical representative; case log; ethics report; leave 

administration; and training to FSA managers on this subject matter. 

b. Schedule appropriate drug tests for FSA employees and order supplies using 

ED’s contracts. FSA is currently assessed a charge back for the use of these 

services through ED’s existing contracts. Ongoing use of these services will 

continue to be charged back to FSA. 
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c. Review, approve, and process Quality Step Increases (QSIs) for FSA employees 

in accordance with ED’s awards policy, FSA’s award policy, and governmentwide regulatory requirements. 

d. Provide ongoing advice and assistance to FSA employees and managers and 

coordinate with Human Resource Services on Workers’ Compensation issues. 

5. The authorities to carry out labor- management relations activities:

FSA Delegations of Human Resources Operating Authority

a. Negotiate, in consultation with OFO, mid-term agreements with the union that 

cover FSA employees only. FSA must obtain the Secretary's approval of such 

agreements, as provided by law and ED's Collective Bargaining Agreement. 

b. Negotiate mid-term agreements, or establish policies, that are inconsistent with 

Department-level collective bargaining agreements, but only after obtaining 

approval from the Assistant Secretary for Finance and Operations. 

c. Provide training and labor relations advisory services/technical assistance to 

FSA managers on FSA matters, in consultation with OFO on interpretation of 

Department-level collective bargaining agreements and on matters with impact 

on principal offices other than FSA. 

d. Represent ED before arbitrators, the Federal Labor Relations Authority, and the 

Federal Service Impasses Panel in matters arising in FSA that clearly affect only 

FSA; decisions as to whether cases meet these criteria will be made on a caseby-case basis by OFO. OFO will continue to receive unfair labor practice 

charges, arbitration requests, etc., and will maintain ED’s arbitration calendar.

6. The following authorities to carry out training and development activities: 

FSA Delegations of Human Resources Operating Authority

a. Provide FSA new employee orientation, leadership, development, technical 

skills training and career counseling to FSA employees and managers in 

support of FSA’s Human Capital Management Plan and Annual Performance 

Plan.

b. Assess employee skills to determine skill gaps and/or developmental needs, 

and take appropriate actions to reduce skill gaps and improve performance. 

c. Provide individual development planning services to FSA employees. 

d. Develop special programs for addressing individual development and 

providing various learning interventions. 

e. Provide mentoring programs and/or services for FSA employees.

f. Collect and report ED training and development metrics data to OFO, as 

required. 

g. Coordinate tuition reimbursement for FSA employees in headquarters and 

regions with OFO/OHR.
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7. The following authorities related to classification, staffing, hiring, and 

compensation not specifically covered by ED’s HCPs, HCMs and PMIs (currently 

performed in both OFO/OHR Talent, Recruitment and Hiring and the Executive 

Resources Division): 

FSA Delegations of Human Resources Operating Authority

a. Implement new classification and qualifications standards in accordance with 

OPM and Department guidance. 

b. Appoint, promote, reassign, and realign employees under various authorities. 

c. Appoint, reassign, and detail FSA Senior Managers and set rates of pay up to a 

maximum of Executive Level III. 

d. Establish pay rates for Professional/Technical employees in accordance with 

applicable laws and regulations. 

e. Classify positions and Desk Audits in accordance with OPM standards, guides 

and policies. 

f. Determine bargaining unit status, competitive levels, Fair Labor Standards Act

status and similar determinations for FSA positions.

g. Obtain authority from OPM to conduct Delegated Examining for competitive 

service positions and carry out Delegated Examining in accordance with OPM 

requirements.

h. Provide advisory services to FSA managers and employees. 

i. Establish entrance on duty dates and exchange preliminary employment data 

for employees transferring in or out of FSA.

j. Approve and appoint Experts and Consultants, including setting and adjusting 

pay. 

k. Administer and approve Intergovernmental Personnel Act (IPA) assignments 

and completion of all applicable forms and documentation required for IPA 

agreements, including the certification of eligible organizations, coordinating 

the terms of the assignment agreement with external organizations, and 

establishing a formal written IPA agreement. 

l. Approve and effect performance bonuses authorized by Title 5 U.S.C. 451 and 

PL 105-244, time-off awards, and cash awards based on special acts or 

services, adopted employee suggestions, and staff recognition for individuals 

and groups in amounts not to exceed $10,000. Actions for employees assigned 

to positions in the Senior Executive Service are subject to the Secretary’s 

approval. 

8. The following authorities to carry out work/life programs not specifically covered 

by ED HCPs, HCMs and PMIs

FSA Delegations of Human Resources Operating Authority

a. Provide reasonable accommodation problem-solving and functional 

assessments for FSA employees and managers.
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b. Provide advisory services to FSA managers and employees related to work/life 

programs.

9. The CAO of FSA is authorized to undertake the following activities related to 

human resources systems and their operation: 

FSA Delegations of Human Resources Operating Authority

a. FSA will coordinate with ED to establish and administer the Federal Personnel 

Payroll System (FPPS) processes for FSA personnel and payroll transactions in 

FPPS, including establishment of a separate FSA Servicing Personnel Office 

(SPO) and the time and attendance (T&A) bi-weekly.

b. FSA will use the services of the Employee Express portal functionalities,

especially for the bi-weekly receipt of the FSA employee Leave and Earnings 

Statements. 

c. FSA will produce FSA human resources management reports from data 

contained in FPPS. 

10. Processing and Records: The CAO of FSA is authorized to:

FSA Delegations of Human Resources Operating Authority

a. Approve and sign Standard Form 50, Notification of Personnel Action, related 

to the delegated personnel authorities.

b. Approve and sign Standard Form 52, Request for Personnel Action, related to 

delegated personnel authorities.

c. Process payroll documents and benefits.

d. Maintain Official Personnel Folders, performance agreements, Employee 

Performance Folders, staffing case files, and all other human resources records 

related to the exercise of human resources delegations of authority in 

accordance with OPM and ED requirements. FSA shall fully participate and 

support ED efforts to implement e-gov initiatives related to electronic 

personnel records and imaging of existing records as these initiatives is

implemented across ED. 

e. Respond to the annual FSA HR employee survey of specific human resources 

data, as recommended by the Office of Inspector General FPPS Audit finding.

11. The authority under the approved to determine what regional HR support will best 

meet FSA’s needs. 

These delegations of Human Resources Authority shall remain in 

place unless terminated or modified by the Chief Operating Officer. 

No further redelegation is authorized.
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____________________/________________

Mark Brown

OGC Concurrence and Date: __Michael Taylor______________________11/3/2020__

Certified Date: 11/23/2020

Delegations Control Officer: Jim Clemmens

Control Number: EN1/EN2M/91