MEMORANDUM

TO: Assistant Secretary for Elementary and Secondary Education

 Assistant Secretary for Postsecondary Education

Assistant Secretary for Special Education and Rehabilitative Services 

Assistant Secretary for Career and Technical Education

Assistant Deputy Secretary for English Language Acquisition 

 

FROM: The Secretary

SUBJECT: Delegation of Authority from the Secretary to the OESE, OPE, OSERS, and OCTAE 

Assistant Secretaries and the OELA Assistant Deputy Secretary to Issue Final Determinations 

Related to Waivers Requests from Applicants and Grantees as Authorized in the Build 

America Buy America Act, Section 70935(b).

I. DELEGATION OF AUTHORITY

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, your successor in function, or to anyone 

serving for you in an acting capacity or delegated the authority to perform the functions and 

duties of your position, the authority to issue final determinations related waivers requests that 

seek to waive the Buy America Sourcing requirements for Federal financial assistance 

programs for infrastructures as authorized under section 70935(b) of the Build America, Buy 

America Act (BABAA)(Pub. L. No. 117-58 §§ 70901-52). In accordance with this delegation, 

the addressees identified above may consider whether or not to grant waivers and, if they 

determine any of the following conditions are met, to grant waivers to the Buy America 

Sourcing requirements when:

 

1. applying the domestic content procurement preference would be inconsistent with the 

public interest; 

2. types of iron, steel, manufactured products, or construction materials are not produced 

in the United States in sufficient and reasonably available quantities or of a satisfactory 

quality; or 

3. the inclusion of iron, steel, manufactured products, or construction materials produced 

in the United States will increase the cost of the overall project by more than 25 

percent. 

Unless otherwise noted in future delegations of authority, amendments to the authority cited 

herein are included within the scope of this delegation.

THE SECRETARY OF EDUCATION

 WASHINGTON, DC 20202

www.ed.gov
II. RESERVATIONS

None.

III. REDELEGATION

This authority may not be redelegated except in the event that the delegatee is disqualified because 

of a conflict of interest or the appearance of a loss of impartiality, in which case they may 

redelegate their authority to an official who directly reports to them.

IV. CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification by the Department’s Delegations Control 

Officer. I hereby ratify actions within the scope of this delegation taken by you, your 

predecessors in function, or anyone serving in an acting capacity or officially performing the 

functions and duties of your position, which involved the exercise of the authorities delegated 

herein, prior to the date of the certification of this delegation.

 ______________/s___________ 

 Miguel A. Cardona, Ed.D.

OGC Concurrence and Date: Debbie Friendly, 10/7/2022

Control Number: EA/EP/402 

Date Certified: 10/7/2022

Delegations Control Officer: Jim Clemmens