UNITED STATES DEPARTMENT OF EDUCATION THE SECRETARY
MEMORANDUM
TO: The Assistant Secretary for Vocational and Adult Education
FROM: The Secretary
SUBJECT: Delegation of Programmatic Authority
I. DELEGATION OF AUTHORITY
Under the authority vested in me by section 412 of the Department of Education Organization Act, 20 U.S.C. ยง3472, I hereby delegate to you, your successor in function, and anyone serving for you in an acting capacity, the programmatic authorities described in the attached appendix. Unless otherwise noted in future delegations of authority, amendments to the authorities delegated herein are included in the scope of this delegation.
II. RESERVATIONS
A. Unless otherwise noted in existing or future delegations of authority, the following are not delegated:
1. the authority to sign documents for publication in the Federal Register other than those documents designated in the blanket delegation of authority to sign Federal Register documents to Principal Officers, EA/GEN/12, certified on June 15, 2006, as amended;
2. the authority to appoint members of advisory councils and fix compensation; and
3. unless otherwise provided by law or by this delegation, the authority to submit reports to Congress or the President. Page 2 - Delegation of Authority B. Unless otherwise noted in existing or future delegations of authority, the following may not be exercised without prior approval by the Under Secretary of the content of the information to be transmitted:
1. the authority to carry out the information dissemination functions described by section 113(c) of the Carl D. Perkins Career and Technical Act of 2006 (20 U.S.C. 2301 et seq . as amended by Public Law 109-270) and by section 212(c) of the Adult Education and Family Literacy Act (20 U.S.C. 9201 et seq . as amended by Public Law 105-220); and
2. the authority to transmit to Congress the annual report described in section 118(f) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq . as amended by Public Law 109-270).
III. REDELEGATION
Unless otherwise noted in future delegations of authority, the following may not be redelegated:
A. the authority to carry out the information dissemination functions described by section 113(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq . as amended by Public Law 109-270) and by section 212(c) of the Adult Education and Family Literacy Act (20 U.S.C. 9201 et seq . as amended by Public Law 105-220); and
B. the authority to transmit to Congress the annual report described in section 118(f) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq . as amended by Public Law 109-270).
Subject to applicable provisions of law, and unless otherwise noted, you may redelegate any of the other authorities delegated to you, and may authorize further redelegation. All redelegations must be prepared in accordance with the Administrative Communications System directive, OM:1-102: Delegations of Authority, dated July 29, 2008.
IV. CERTIFICATION AND EFFECTIVE DATE
This delegation is effective upon certification by the Departmental Delegations Control Officer. This delegation supersedes delegation, EA/EV/84, as amended.
I hereby ratify actions within the scope of this delegation taken by you, your predecessors in function, and anyone serving in an acting capacity for you or your predecessors prior to the date of certification.
______/s/______Arne Duncan
OGC Clearance and Date: /s/ David Berthiaume, 5/7/2009 Certified Date: 5/11/2009 Page 3 - Delegation of Authority Departmental Delegations Control Officer: /s/ Naty G. Beetle Control Number: EA/EV/90
Attachment Office of Vocational and Adult Education Delegation of Authority APPENDIX
Statute Description of Delegated Authority
A. Section 70904, 70905(c), and 70909 of Duties of the Secretary of Education with the Federal Charter to the Future Farmers respect to the Future Farmers of America of America (Public Law 105-225) (36 U.S.C. 70904, 70905(c), and 70909)
B. Carl D. Perkins Career and Technical Carl D. Perkins Career and Technical Education Act of 2006 Education Act (Public Law 109-270) (20 U.S.C. 2301 et seq .)
C. Adult Education and Family Literacy Adult Education and Family Literacy Act, Title II of the Workforce Act, with the exception of provisions Investment Act of 1998, with the authorizing the National Institute for exception of section 242 Literacy (Public Law 105-220) (20 U.S.C. 9201 et seq .)
D. Section 501 of the Workforce Responsibilities of the Secretary with Investment Act of 1998 respect to the approval of programs (Public Law 105-220) authorized by Title I of the Carl D. (20 U.S.C. 9271) Perkins Career and Technical Education Act and Title II of the Workforce Investment Act (Adult Education and Family Literacy Act) in unified plans
E. Section 502 of the Workforce Definitions of indicators and levels of Investment Act of 1998 performance established by Title II of the (Public Law 105-220) Workforce Investment Act (Adult (20 U.S.C. 9272) Education and Family Literacy Act)
F. Section 503 of the Workforce Responsibilities of the Secretary with Investment Act of 1998 respect to the approval of incentive (Public Law 105-220) grants as related to Title II of the (20 U.S.C. 9273) Workforce Investment Act (Adult Page 5 - Delegation of Authority
Education and Family Literacy Act)
G. Section 202(i) of the Department of Coordination with respect to the Liaison Education Organization Act for Community and Junior Colleges (20 U.S.C. 3412(i)) H. Sections 214 of the Appalachian Regional Responsibilities to approve and/or Development Act of 1965, as amended by administer Supplements to Federal Pub.L.105-178, Supplements to Federal Grant-in-Aid Programs as related to Grant-in-Aid Programs (Carl D. Perkins Title I of the Carl D. Perkins Career and Career and Technical Education Act of Technical Education Act 2006). (40 U.S.C. 14507)
I. Section 601 of the National Literacy Act Literacy Programs for Prisoners
J. Title VIII, Part D of the Higher Education State Grants for Incarcerated Youth Act of 1965, as amended Offenders