US Department of Education Principal Office Functional Statements
Office of the General Counsel

Functional Statements > Office of the General Counsel

Primary Delegations of Authority

The Secretary has delegated the following authorities to the General Counsel subject to certain reservations:

  • Authority to perform the functions as Department Claims Officer under the following statutes:
    • The Federal Tort Claims Act, 28 U.S.C. Secs. 2671 et seq:
    • The Military Personnel and Civilian Employees' Claims Act of 1964, 42 U.S.C. 204 et seq, 31 U.S.C. Secs 3701, 3721;
    • 5 U.S.C. Sec. 5584, authorizing a waiver of claims arising out of erroneous payment of pay to employees of the Department.
    • 31 U.S.C., governing the settlement of claims
  • Designation as the Department’s Federalism Official with the responsibility to ensur implementation of E.O. 12612 or any Executive Order that is the successor in function to E.O. 12612
  • Authority to serve as “agency designee” for the purposes of 5 C.F.R. 2635.403(b), 2635.502(a),(c), (d), and (e), 2635.605(b), and 2635.606(b)
  • Authority to serve as "agency designee” under 5 C.F.R. 2635.204(g) (2), (3) and (6)
  • Authority to review and approve agency settlement involving resolution of any Departmental litigation matter involving monetary distribution

The Secretary has also delegated to all Principal Officers certain administrative authorities subject to specified reservations.

Last Modified: 01/17/2017