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

StudentAid.gov

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MEMORANDUM

TO: Director, Extended Workforce Vetting and Fitness Division (EWVFD), Student 

Experience and Aid Delivery (SEAD), Federal Student Aid

FROM: Chief Operating Officer, Federal Student Aid

SUBJECT: Delegation of Authority: Contractor Personnel Security Program

I. DELEGATION

Under the authority vested in me by a delegation from the Assistant Secretary of the Office of 

Finance and Operations, delegation control EK/EN/97, certified on November 8, 2021, I hereby 

delegate to you, your successor in function, and anyone serving for you in an acting capacity, or 

delegated the authority to perform the functions and duties of your position, the authority to 

conduct the pre-employment background investigation (BI) waiver approval process and make 

adjudication determinations for low and moderate risk public trust contractor positions. You 

shall adequately maintain and control the pre-employment background investigation waiver 

program, and make adjudicative determinations in accordance with all applicable Executive 

Orders, directives, policies and guidance. 

These programs are authorized by 5 U.S.C. Sections 3301, 3571, 7531, and 7532; Executive 

Orders 12968, 10450, 13467, 13488, 13741, 13764, 13767 and 10577, as amended; Federal 

Information Security Modernization Act of 2014 (FISMA 2014); Office of Management and 

Budget (OMB) Circular No. A-130; 5 CFR Parts 302, 315, 731, 732, and 736; Homeland

Security Presidential Directive 12 (HSPD-12), “Policy for a Common Identification Standard for 

Federal Employees and Contractors”; OMB M-11-11; OMB M-05-24; 48 CFR 52.204-9; 5 CFR 

1400; Federal Information Processing Standards Publication (FIPS PUB) 200 and 201-2. This 

authority must be exercised in accordance with the above authorities and their implementing 

guidance.

The Extended Workforce Vetting and Fitness Division (EWVFD), located within FSA’s Student 

Experience and Aid Delivery’s (SEAD), Delivery Systems and Extended Workforce Support 

Directorate (DS&EWS) is hereby delegated the following authorities:

1. The authority to develop, implement, and manage, within FSA a Contractor Personnel 

Security Program in accordance with the established Department of Education Contractor 

Personnel Security Directive or supplemental written guidance; and

2. The authority to make Employment Security Determinations, with the exceptions that are 

stated herein.
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The Office of Finance and Operations (OFO), Office of Personnel Security will monitor and 

have oversight responsibilities for the FSA Contractor Personnel Security Program. In order to 

effectively fulfill those responsibilities, Federal Student Aid must utilize the established 

applications within the Education Security Tracking and Reporting system (EDSTAR) to 

maintain current background investigation information, as well as any contract employee 

personnel security files containing the appropriate background investigation documentation.

The Office of Personnel Security will continue to be the approving authority for all foreign

national contractors. Should any foreign national contractor, regardless of country, need access 

to Department of Education information, systems or facilities, written authorization must first be 

obtained from the Office of the Chief Information Officer (OCIO), Chief Information Security 

Officer (CISO) or designee prior to submission to the Office of Personnel Security.

This delegation is only for the processing, pre-employment waiver approval(s) and adjudication 

of non-classified, low, and moderate risk/public trust contractors. Clearances for contractors 

who require access to classified information must be cleared through the Office of Personnel 

Security under the provisions of the National Industrial Security Program established by 

Executive Order 12829. 

You must comply with the Privacy Act requirements concerning the maintenance of a system of 

records pursuant to 5 U.S.C. § 552a.

II. RESERVATION

This delegation is subject to the following conditions. This authority:

1. does not include waivers that contain the issues listed in Attachment A;

2. does not include waivers for national security positions (those requiring completion of the 

Standard Form (SF) 86, “Questionnaire for National Security Positions”);

3. does not include waivers for high-risk public trust positions or reciprocity requests for all 

position sensitivity levels; and

4. does not waive the authority of the Assistant Secretary of the Office of Finance and 

Operations to make any waiver determinations that have been delegated.

III. REDELEGATION

This authority may not be redelegated.

I retain oversight of this delegation and reserve the right to withdraw or cancel this 

delegation of authority. The Office of Personnel Security will provide implementing 

guidance and facilitate any necessary training. Additionally, the Office of Personnel Security 

will conduct periodic compliance reviews of your security program in accordance with 

established policies.
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Finally, the duties listed above will be delegated in accordance with a developed and 

approved transition plan. 

IV. CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification of the Department's Delegations Control 

Officer.

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

certification of this delegation.

_________s/_______________

Richard Cordray

OGC Concurrence and Date: Debbie Friendly 12/13/2021

Departmental Delegations Control Officer: Jim Clemmens

Date Certified

Control Number: EN/ENCCDO/98
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Attachment A

Pre-employment waivers that contain the following issues must be forwarded to the Office of 

Finance and Operations, Office of Personnel Security for review and approval determination.

Criminal History:

1. Any felony charge (including pending charges) or conviction

2. Multiple arrests that suggest a pattern of criminal activity

3. Any arrest involving violence by the subject

Citizenship:

1. Any Non-US citizen applicants

Alcohol Use:

1. Treatment for alcohol abuse within the past two years

2. More than one alcohol related arrest within the past two years

Foreign Activities:

1. Applicants not meeting the Department’s Residency Requirement

Drug Use:

1. Any treatment for drug use in the past two years

Psychological Conditions:

1. Applicants whose judgment is impaired as determined by an appropriate mental health or 

medical professional