Build America, Buy America Waiver Data Collection Common Forms

Forms and Documents

Document Name	Status
Form 0F 2211-23 BUILD AMERICA BUY AMERICA WAIVER REQUEST DATA COLLECTION Form and Instruction	Modified
ICR 0505-0028 Justification of Change.docx Justification for No Material/Nonsubstantive Change	2023-02-13
USDA Data Elements for BABA Waiver Data Collection_12132022.docx Supplementary Document	2023-01-25
BABA Waiver Request form Emergency Memo.pdf Supplementary Document	2023-01-25
New BABA Waiver Request Form SuptStmt_8.1.23_OCFO .docx Supporting Statement A	2023-08-01

IC Document Collections

IC ID	Document Title	Status
258039	BUILD AMERICA BUY AMERICA WAIVER REQUEST DATA COLLECTION Form and Instruction	Modified

ICR Details

OMB Control No: 0505-0028	ICR Reference No: 202304-0505-001
Status: Received in OIRA	Previous ICR Reference No: 202302-0505-001
Agency/Subagency: USDA/OCFO	Agency Tracking No:
Title: Build America, Buy America Waiver Data Collection Common Forms
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  Yes
Type of Review Request: Regular	Date Submitted to OIRA: 08/01/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	08/31/2023
Responses	1	1
Time Burden (Hours)	6	6
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 §§ 70901-70952) (BABAA), recipients and subrecipients funded under USDA agencies and staff offices Federal financial assistance programs that allow funds to be used for infrastructure projects (infrastructure programs), i.e., construction and broadband infrastructure, may not use their funds for these infrastructure projects unless they comply with the following BABAA sourcing requirements: 1. All iron and steel used in the project are produced in the United States. 2. All manufactured products used in the project are produced in the United States. 3. All construction materials are manufactured in the United States. USDA agencies and staff offices may, in accordance with sections 70914(b) and (d), 70921(b), and 70935 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 recipients and subrecipients under a Federal financial assistance program it has identified as an infrastructure project, regardless of whether infrastructure is the primary purpose of the award.

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Authorizing Statute(s): PL: Pub.L. 117 - 58 70901-52 Name of Law: Build America Buy America Act
  

Citations for New Statutory Requirements: None

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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
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 6223	01/23/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 44102	07/11/2023
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
BUILD AMERICA BUY AMERICA WAIVER REQUEST DATA COLLECTION	0F 2211-23	BUILD AMERICA BUY AMERICA WAIVER REQUEST DATA COLLECTION

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ICR Summary 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	1	1	0	0	0	0
Annual Time Burden (Hours)	6	6	0	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:

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Annual Cost to Federal Government:

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:  Yes

Description/Changes for Common Form Usage: 

Approved RCFs using this ICR

Agency/Sub Agency	RCF ID	RCF Title	RCF Status	IC Title

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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: 08/01/2023

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