Build America, Buy America

Forms and Documents

Document Name	Status
Form HUDXXX BABA Waiver Form Form	New
Form HUDXXX BABA Waiver Form Form	New
1. Emergency Letter - BABA Act - 6-29-2023.docx Supplementary Document	2023-08-09
1. Emergency Letter - BABA Act - 6-29-2023.docx Supplementary Document	2023-08-09
4. Supporting Statement - BABA Act - Summary - 6-29-2023.docx Supporting Statement A	2023-08-09
4. Supporting Statement - BABA Act - Summary - 6-29-2023.docx Supporting Statement A	2023-08-09

IC Document Collections

IC ID	Document Title	Status
261507	BABA Waiver Form Form	New
261507	BABA Waiver Form Form	New

ICR Details

OMB Control No: 2511-0002	ICR Reference No: 202308-2511-001
Status: Active	Previous ICR Reference No:
Agency/Subagency: HUD/CFO	Agency Tracking No:
Title: Build America, Buy America
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: 08/21/2023
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/11/2023
	Date Received in OIRA: 08/09/2023
Terms of Clearance: Approved consistent with general guidance on BABA emergency approval.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/29/2024	6 Months From Approved
Responses	5,000	0	0
Time Burden (Hours)	5,000	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Department of Housing and Urban Development (HUD) requests a 6 month PRA Emergency approval pursuant to the Build America, Buy America (BABA) Act, whereby HUD may waive grantees' application of a Buy America preference due to public interest, non-availability, or unreasonable cost.

Emergency Justfication: Emergency approval is vital for HUD grantees subject to BABA, enabling them to submit waiver requests for HUD's due diligence, approval, or rejection of waivers in the event a Buy America preference cannot be satisfied. The absence of an emergency approval may cause significant delay in project completion. The emergency authorization is necessary because it would cause significant delay in funding to the grantees for project completion. These delays could ultimately lead to a failure to provide affordable housing and have a detrimental impact on HUD's mission. This determination satisfies the requirement 5 C.F.R § 1320.13(a)(2)(i) that “Public harm is reasonably likely to result if normal clearance procedures are followed” and 5 C.F.R § 1320.13(a)(2)(iii) that “The use of normal clearance procedures is reasonably likely to prevent or disrupt the collection of information or is reasonably likely to cause a statutory or court ordered deadline to be missed.” During these 180 days, as well as the additional time it would take to conduct internal departmental clearance and await OMB approval, HUD grantees will be without a proper method to submit information to HUD to initiate waiver requests. Emergency approval of the BABA waiver form will allow HUD to conduct the normal PRA process, including the 60-days of public comment, without the harm to public interest or delays in funding to the grantees who need an immediate method of informing HUD that their project or product cannot meet the BABA requirements.

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Authorizing Statute(s): None

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

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
BABA Waiver Form	HUDXXX	HUD BABA Waiver Form

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ICR Summary of Burden

	Total Approved	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	5,000	0	0	5,000	0	0
Annual Time Burden (Hours)	5,000	0	0	5,000	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: New

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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:  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: 08/09/2023

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