Emergency Memo

UNITED STATES DEPARTMENT OF EDUCATION

September 15, 2022
MEMORANDUM
TO:

Lindsay Abate
Office of Management and Budget Desk Officer

FROM:

Ayisa Crowe
Director, Grants Management Policy Division

RE:

Emergency request for Paperwork Reduction Act (PRA) approval

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 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 §§ 7090170953) (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, the Department 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.
The Infrastructure Investment and Jobs Act (IIJA), which includes BABAA was signed
into law by the President on November 15, 2021. The IIJA ensures that Federal
infrastructure programs require the use of materials produced in the United States,
increases the requirement for American-made content, and strengthens the waiver process
associated with Buy American provisions.
In accordance with section 70914 of the BABAA, grantees funded under the Department
of Education’s (the Department) programs that allow for infrastructure projects (e.g.,
construction and broadband infrastructure) may not use their grant funds for these
infrastructure projects or activities unless they comply with the BABAA Buy America
Domestic Sourcing requirements.
400 MARYLAND AVE. SW, WASHINGTON, DC 20202
www.ed.gov
The Department of Education’s mission is to promote student achievement and preparation for global competitiveness by
fostering educational excellence and ensuring equal access.

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.
The Department is requesting an emergency clearance of the BABAA Waiver Request
Form from OMB by September 30, 2022. Given the inability to seek public comment in
advance of OMB approval, as part of the emergency notice in the Federal Register, the
Department will simultaneously solicit 60-days of public comment for the regular
information collection as required by 5 CFR 1320.8(d).

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