Notice2022-01071
Identification of Federal Financial Assistance Infrastructure Programs Subject to the Build America, Buy America Provisions of the Infrastructure Investment and Jobs Act
Primary source
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Published
January 19, 2022
Issuing agencies
Housing and Urban Development Department
Abstract
This notice announces that the Department of Housing and Urban Development (HUD, the Department) has conducted an initial review required by the Build America, Buy America Act (the Act) to identify and evaluate its Federal financial assistance programs for infrastructure to determine whether they are inconsistent with the Infrastructure Investment and Jobs Act (the IIJA). The Act imposes domestic content procurement preference requirements on Federal financial assistance programs for infrastructure that do not currently have such a requirement and requires Federal agencies to evaluate each financial assistance program for infrastructure administered by the agency to identify programs inconsistent with the Act's requirements for application of a domestic procurement preference. Each Federal agency must submit its report on the agency's programs and related determinations to Congress and to the Office of Management and Budget (OMB) and publish its report in the Federal Register. Today's notice complies with the Act's publication and reporting requirements and contains HUD's list of identified Federal financial assistance programs for infrastructure. HUD has determined that none of the programs it has reviewed to date are consistent with the Act. HUD's initial analysis errs on the side of over-inclusiveness based on the Department's current understanding of information contained in the Act and the imminent timing requirements for reporting.
Full Text
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<title>Federal Register, Volume 87 Issue 12 (Wednesday, January 19, 2022)</title>
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[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Notices]
[Pages 2894-2895]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01071]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6310-N-01]
Identification of Federal Financial Assistance Infrastructure
Programs Subject to the Build America, Buy America Provisions of the
Infrastructure Investment and Jobs Act
AGENCY: Office of Chief Financial Officer, HUD.
ACTION: Notice.
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SUMMARY: This notice announces that the Department of Housing and Urban
Development (HUD, the Department) has conducted an initial review
required by the Build America, Buy America Act (the Act) to identify
and evaluate its Federal financial assistance programs for
infrastructure to determine whether they are inconsistent with the
Infrastructure Investment and Jobs Act (the IIJA). The Act imposes
domestic content procurement preference requirements on Federal
financial assistance programs for infrastructure that do not currently
have such a requirement and requires Federal agencies to evaluate each
financial assistance program for infrastructure administered by the
agency to identify programs inconsistent with the Act's requirements
for application of a domestic procurement preference. Each Federal
agency must submit its report on the agency's programs and related
determinations to Congress and to the Office of Management and Budget
(OMB) and publish its report in the Federal Register. Today's notice
complies with the Act's publication and reporting requirements and
contains HUD's list of identified Federal financial assistance programs
for infrastructure. HUD has determined that none of the programs it has
reviewed to date are consistent with the Act. HUD's initial analysis
errs on the side of over-inclusiveness based on the Department's
current understanding of information contained in the Act and the
imminent timing requirements for reporting.
FOR ADDITIONAL INFORMATION CONTACT: J. Malcom Smith, Management and
Program Analyst, Grants Management and Oversight Division, Office of
the Assistant Chief Financial Officer of Systems, Office of the Chief
Financial Officer, Department of Housing and Urban Development, 451 7th
Street SW, Washington, DC 20410-8000; telephone number 202-402-6472
(this is not a toll-free number), or email <a href="/cdn-cgi/l/email-protection#2061534b676d6f604855440e474f56"><span class="__cf_email__" data-cfemail="6425170f23292b240c11004a030b12">[email protected]</span></a> with the
subject line ``Build America, Buy America''. Persons with hearing or
speech impairments may access this number through TTY by calling the
Federal Relay Service at 800-877-8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION: On November 15, 2021, the President signed
into law the Infrastructure Investment and Jobs Act (Pub. L. 117-58)
(the IIJA), which includes the Build America, Buy America Act at
sections 70911 through 70927 (the Act). The Act ensures that Federal
financial assistance programs for infrastructure require the use of
materials produced in the United States, increases requirements for
American-made content, and strengthens the waiver process associated
with Buy American provisions. Section 70913 of the Act requires, within
60 days of the enactment of the IIJA, that each Federal agency,
including HUD,\1\ file a report with Congress and the Office of
Management and Budget (OMB) which identifies and evaluates all
financial assistance programs for infrastructure to determine whether
the program is inconsistent with section 70914 of the Act. The report
must be published in the Federal Register. The reports must identify
and provide a list of which of these programs are ``deficient,'' as
defined in section 70913(c) of the Act.\2\
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\1\ The Act applies to ``any authority of the United States that
is an ``agency''' as defined in 44 U.S.C. 3502. Public Law 117-58,
section 70912(3).
\2\ The Act defines ``deficient programs'' as ``any Federal
financial assistance program for infrastructure . . . for which a
domestic content procurement preference requirement does not apply
in a manner consistent with section 70914 of the law; or is subject
to a waiver of general applicability not limited to the use of
specific products for use in a specific project.'' Id. at section
70913(c).
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Section 70914 of the Act requires that no later than 180 days after
enactment of the IIJA (which would be May 14, 2022), Federal agencies
``shall ensure that none of the funds made available for a Federal
financial assistance program for infrastructure, including each
deficient program, may be obligated for a project unless all of the
iron, steel, manufactured products, and construction materials used in
the project are produced in the United States.'' \3\ Federal agencies
must identify all infrastructure programs and determine whether a
program is inconsistent with section 70914 of the Act, regardless of
whether the program received funding from IIJA. (HUD did not receive
funding.) Pursuant to the Act, an infrastructure program is considered
inconsistent with section 70914 if: (1) It does not require that all
the iron, steel, manufactured products, and construction materials used
in the project are produced in the United States; (2) it does not issue
waivers and written justifications as specified in section 70914; or
(3) it is subject to a waiver of general applicability under section
70914(b) of the Act. On December 20, 2021, OMB issued a memorandum
titled ``Identification of Federal Financial Assistance Infrastructure
Programs Subject to the Build America, Buy America Provisions of the
Infrastructure Investment and Jobs Act,'' M-22-08, to implement these
requirements and provide guidance to Federal agencies.\4\
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\3\ Section 70912(4) of the Act defines ``Federal financial
assistance'' and provides that the definition is consistent with the
definition in 2 CFR 200.1 and includes ``all expenditures by a
Federal agency to a non-Federal entity for an infrastructure
project, except that it does not include expenditures for assistance
authorized under section 402, 403, 404, 406, 408, or 502 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170a, 5170b, 5170c, 5172, 5174, or 5192) relating to a major
disaster or emergency declared by the President under section 401 or
501, respectively, of such Act (42 U.S.C. 5170, 5191) or pre and
post disaster or emergency response expenditures.''
\4\ Available at <a href="https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-08.pdf">https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-08.pdf</a>.
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HUD awards discretionary funding through over 20 Grant programs and
10 formula programs in support of HUD's mission. These programs
generally meet the definition of ``Federal financial assistance'' as
defined in the Act. HUD has evaluated these programs and they are
included in this report, but a full assessment of whether they fund
infrastructure as described by the Act has not yet been completed. HUD
has
[[Page 2895]]
determined that no programs reviewed to date fully meet the
requirements outlined in section 70914 of the Act. Details on each of
these programs and the programs are listed below are included on a
spreadsheet that can be accessed at: <a href="https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps">https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps</a>. HUD's initial
analysis errs on the side of over-inclusiveness, as recommended by OMB
Memorandum M-22-08, based on the Department's current understanding of
information contained in the Act and the imminent timing requirements
for reporting.
Discretionary Programs
Office of Community Planning and Development
<bullet> Self-Help Homeownership Opportunity Program (SHOP)
<bullet> Community Development Technical Assistance
<bullet> Section 4 Capacity Building for Community Development and
Affordable Housing.
<bullet> Tribal HUD-VASH Program for Community Development and
Affordable Housing
<bullet> Office of Fair Housing and Equal Opportunity
<bullet> Fair Housing Assistance Program (FHAP) State and Local
<bullet> Fair Housing Initiatives Program for Education and Outreach
<bullet> Fair Housing Initiatives Program for Private Enforcement
Initiatives
<bullet> Fair Housing Initiatives Program for Fair Housing Organization
Initiatives
Office of Healthy Homes Lead Hazard Control
<bullet> Lead-Based Paint Hazard Control in Privately Owned Housing
<bullet> Lead and Healthy Homes Technical Studies
<bullet> Healthy Homes and Weatherization Cooperation Demonstration
<bullet> Healthy Homes Production Grant Program
<bullet> Lead Hazard Reduction Demonstration Grant Program
<bullet> Older Adults Modification Grant Program
Office of Housing
<bullet> Multifamily Housing Service Coordinator Grant Program
<bullet> Congregate Housing Services Program
<bullet> Project Rental Assistance Demonstration (PRA Demo) Program of
Section 811 Supportive Housing for Persons with Disabilities
<bullet> Supportive Service Demonstration Program for Elderly Housing
Office of Policy Development and Research
<bullet> Research and Evaluations, Demonstrations, and Data Analysis
and Utilization
Office of Public and Indian Housing
<bullet> Family Self Sufficiency
<bullet> Resident Self Sufficiency Service Coordinators
<bullet> Juvenile Re-entry Assistance Program
<bullet> Choice Neighborhood Planning
<bullet> Community Development Block Grant Indian Tribes and Alaska
Native Villages
<bullet> Jobs Plus Pilot
<bullet> Choice Neighborhoods Implementation
Non-Discretionary Programs
Office of Community Planning and Development
<bullet> Community Development Block Grants/Entitlement Grants
<bullet> Community Development Block Grants/State's program and Non-
Entitlement Grants in Hawaii
<bullet> Emergency Solutions Grant Program
<bullet> Home Investment Partnerships Program
<bullet> Housing Opportunities for Persons with AIDS
<bullet> Housing Trust Fund
Office of Public and Indian Housing
<bullet> Tribal HUD-VASH Program
<bullet> Indian Housing Block Grants
<bullet> Public Housing Capital Fund
George Tomchick,
Deputy Chief Financial Officer, Office of the Chief Financial Officer.
[FR Doc. 2022-01071 Filed 1-14-22; 4:15 pm]
BILLING CODE 4210-67-P
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