Build America, Buy America Act (BABAA) Domestic Sourcing Requirements Waiver - United States Department of Education BABAA Waiver Request Form

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Build America, Buy America Act (BABAA) Domestic Sourcing Requirements Waiver - United States Department of Education BABAA Waiver Request Form	Form	New	Repair queued
BABAA Waiver Request Form Emergency Request for Paperwork Reduction Act (PRA) 091522 Final AC Signed.pdf	Supplementary Document	Uploaded 2022-09-15	Repair queued
BABA Waiver Request Form Supporting Statement 091522.docx	Supporting Statement A	Uploaded 2022-09-16	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
255967	Build America, Buy America Act (BABAA) Domestic Sourcing Requirements Waiver - United States Department of Education BABAA Waiver Request Form	Form	New

ICR Details

OMB Control No:	ICR Reference No: 202209-1894-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: ED/OS	Agency Tracking No: ED-2022-SCC-0117
Title: Build America, Buy America Act (BABAA) Domestic Sourcing Requirements Waiver - United States Department of Education BABAA Waiver Request Form
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/30/2022
Date Submitted to OIRA: 09/19/2022

table that charts list comparision

	Requested	Previously Approved
Expiration Date	6 Months From Approved
Responses	470	0
Time Burden (Hours)	4,700	0
Cost Burden (Dollars)	0	0

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Abstract: In accordance with section 70914 of the Build America Buy America Act (Pub. L. No. 117-58 §§ 70901-70953) (BABAA), grantees funded under Department of Education (the Department) programs that allow funds to be used for infrastructure projects (infrastructure programs), i.e., construction and broadband infrastructure, may not use their grant funds for these infrastructure projects or activities unless they comply with the following BABAA sourcing requirements: 1) All iron and steel used in the infrastructure project or activity are produced in the United States, 2) All manufactured products used in the infrastructure project or activity are produced in the United States, and 3) All construction materials are manufactured in the United States. The Department may, in accordance with sections 70914(b) and (d), 70921(b), 70935, and 70937 of BABAA, and the Office of Management and Budget Memorandum M 22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, approve waivers to BABAA sourcing requirements submitted by grantees under programs it has identified as infrastructure programs when it determines that exceptions to these requirements apply. The Department may approve, subject to notice and comment requirements and the Office of Management and Budget Made in America Office (MIAO) review, the types of waivers listed below when one or more of the following conditions are met: 1) Public Interest Waiver - Applying the BABAA sourcing requirement would be inconsistent with the public interest, 2) Non-availability Waiver - The 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, and 3) Unreasonable Cost Waiver - 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. This is a new information collection and it includes the following two documents: 1) the Build America, Buy America Act (BABAA) Domestic Sourcing Requirements Waiver - United States Department of Education BABAA Waiver Request Form (BABAA Waiver Request Form); and 2) a document listing the BABAA Waiver Request Form data elements.

Emergency Justfication: Pursuant to the Office of Management and Budget (OMB) procedures established at 5 CFR 1320, the U.S. Department of Education (the Department) requests that the following collection of information, Build America, Buy America Act (BABAA) Domestic Sourcing Requirements Waiver - United States Department of Education BABAA Waiver Request Form (BABAA Waiver Request Form), be processed in accordance with section 1320.13 Emergency Processing. This this information is essential to the Department’s ability to effectively approve waiver requests for Department grantees as required in accordance with section 70914 of the Build America Buy America Act (Pub. L. No. 117-58 §§ 70901-70953) (BABAA) and OMB Memorandum M 22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. If normal processing were to be followed, ED would not be able to implement the BABAA Waiver Request Form on October 1, 2022, which is the date that it must implement BABAA requirements under its currently OMB approved adjustment period waiver. Delays in implementing resulting from normal processing would likely result in overall delays to critically important project goals and objectives and would inhibit grant infrastructure projects and activities from moving forward.

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Authorizing Statute(s): PL: Pub.L. 117 - 58 70901-70953 Name of Law: Build America Buy America Act
  

Citations for New Statutory Requirements: PL: Pub.L. 117 - 58 70901-70953 Name of Law: Build America Buy America Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Build America, Buy America Act (BABAA) Domestic Sourcing Requirements Waiver - United States Department of Education BABAA Waiver Request Form	N/A	BABA Waiver Request Form

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ICR Summary of Burden

table that charts list of burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	470	0	470	0	0	0
Annual Time Burden (Hours)	4,700	0	4,700	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new information collection; therefore, all burden is new. This results in a program change due to new statute with an increase in burden and responses of 470 responses and 4,700 hours respectively.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/19/2022

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