Notice2022-01121
Report to Congress and the Office of Management and Budget Regarding the Review Financial Assistance and the Requirements of Buy America
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 21, 2022
Issuing agencies
Labor Department
Abstract
The report indicates that the Department has not identified any programs that are inconsistent with Buy America requirements of section 70914 of the Act. The report identifies the YouthBuild program as the only Federal financial assistance program related to infrastructure and notes that the grant agreements for that program include the Buy America requirements.
Full Text
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<title>Federal Register, Volume 87 Issue 14 (Friday, January 21, 2022)</title>
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[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Notices]
[Page 3354]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01121]
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DEPARTMENT OF LABOR
Office of the Secretary
Report to Congress and the Office of Management and Budget
Regarding the Review Financial Assistance and the Requirements of Buy
America
ACTION: Notice of report.
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SUMMARY: The report indicates that the Department has not identified
any programs that are inconsistent with Buy America requirements of
section 70914 of the Act. The report identifies the YouthBuild program
as the only Federal financial assistance program related to
infrastructure and notes that the grant agreements for that program
include the Buy America requirements.
DATES: The Acting Chief Financial Officer approved this report on
January 14, 2022.
FOR FURTHER INFORMATION CONTACT: Dylan Sacchetti, 202.693.8105 or at
200 Constitution Ave. NW, Room S-4205, Washington, DC 20210.
SUPPLEMENTARY INFORMATION: The ``Build America, Buy America Act,''
which was included in the Infrastructure Investment and Jobs Act (the
Act) (Pub. L. 117-58), requires under section 70913 that each Federal
agency submit a report to the Office of Management and Budget (OMB) and
to Congress, and publish it in the Federal Register, within 60 days of
its enactment. In the report, Federal agencies are required to:
(1) Identify and evaluate all infrastructure programs to determine
whether a program is inconsistent with section 70914 of the Act;
(2) identify all domestic content procurement preferences
applicable to the Federal financial assistance program related to
infrastructure;
(3) assess the applicability of the domestic content procurement
preference requirements, including: (A) Section 313 of title 23, United
States Code; (B) section 5323(j) of title 49, United States Code; (C)
section 22905(a) of title 49, United States Code; (D) section 50101 of
title 49, United States Code; (E) section 603 of the Federal Water
Pollution Control Act (33 U.S.C. 1388); (F) section 1452(a)(4) of the
Safe Drinking Water Act (42 U.S.C. 300j-12(a)(4)); (G) section 5035 of
the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C.
3 3914); (H) any domestic content procurement preference included in an
appropriations Act; and (I) any other domestic content procurement
preference in Federal law (including regulations);
(4) provide details on any applicable domestic content procurement
preference requirement, including the purpose, scope, applicability,
and any exceptions and waivers issued under the requirement; and
(5) include a description of the type of infrastructure projects
that receive funding under the program, including information relating
to: (A) The number of entities that are participating in the program;
(B) the amount of Federal funds that are made available for the program
for each fiscal year; and (C) any other information the head of the
Federal agency determines to be relevant.
Report
The Department of Labor (the Department) did not receive
appropriated funds under the Infrastructure Investment and Jobs Act
(the Act).
The Department reviewed its infrastructure programs and has not
identified any programs that are inconsistent with section 70914 of the
Act.
The Department identified YouthBuild as a Federal financial
assistance program related to infrastructure. YouthBuild is a youth
training program that provides training and educational services to
youth (16-24 years old) using construction and other techniques. This
program receives approximately $90 million in annual funding. The
Department's Employment and Training Administration awards
approximately 65-80 grants each year. A small percentage of the funds
is used by recipients to purchase building supplies for building and/or
refurbishing houses. Since at least 2014, grant agreements for this
program have contained the domestic content procurement preference
requirement (i.e., the Buy American requirement.)
The Department applies the domestic content procurement preference
requirement for YouthBuild, by including the following term in all
grant agreements:
Pursuant to E.O. 14005, Ensuring the Future Is Made in All of
America by All of America's Workers, the grant award recipient agrees
to comply with all applicable Made in America Laws (as defined in the
E.O.), including the Buy American Act at 41 U.S.C. 8301-8305. For the
purposes of this award, the grant recipient is required to maximize the
use of goods, products, and materials produced in, and services offered
in, the United States, in accordance with the Made in America Laws. No
funds may be made available to any person or entity (including as a
contractor or subrecipient of the grant recipient) that has been found
to be in violation of any Made in America Laws. ``Made in America
Laws'' means all statutes, regulations, rules, and Executive Orders
relating to Federal financial assistance awards or Federal procurement,
including those that refer to ``Buy America'' or ``Buy American,'' that
require, or provide a preference for, the purchase or acquisition of
goods, products, or materials produced in the United States, including
iron, steel, and manufactured goods offered in the United States. Made
in America Laws include laws requiring domestic preference for maritime
transport, including the Merchant Marine Act of 1920 (Pub. L. 66-261),
also known as the Jones Act.
The Department does not have any additional information to provide
relating to domestic content procurement preference requirements,
including the purpose, scope, applicability and any exceptions and
waivers issued under the requirement.
Signed on this day at Washington, DC, on this 14th day of
January, 2022.
Kevin L. Brown,
Deputy Chief Financial Officer.
[FR Doc. 2022-01121 Filed 1-20-22; 8:45 am]
BILLING CODE 4510-7C-P
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