Notice2022-03363
60-Day Report to Congress on Domestic Content Procurement Preferences Applicable to Federal Financial Assistance
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
February 16, 2022
Issuing agencies
Health and Human Services Department
Abstract
The Infrastructure Investment and Jobs Act (IIJA) requires Federal awarding agencies to identify and report to Congress each Federal financial assistance program for infrastructure administered by the Federal awarding agency.
Full Text
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<title>Federal Register, Volume 87 Issue 32 (Wednesday, February 16, 2022)</title>
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[Federal Register Volume 87, Number 32 (Wednesday, February 16, 2022)]
[Notices]
[Page 8852]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03363]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
60-Day Report to Congress on Domestic Content Procurement
Preferences Applicable to Federal Financial Assistance
AGENCY: Assistant Secretary for Financial Resources (ASFR), Health and
Human Services (HHS or the Department).
ACTION: Notice.
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SUMMARY: The Infrastructure Investment and Jobs Act (IIJA) requires
Federal awarding agencies to identify and report to Congress each
Federal financial assistance program for infrastructure administered by
the Federal awarding agency.
FOR FURTHER INFORMATION CONTACT: Johanna Nestor at
<a href="/cdn-cgi/l/email-protection#c48eabaca5aaaaa5ea8aa1b7b0abb684acacb7eaa3abb2"><span class="__cf_email__" data-cfemail="f1bb9e99909f9f90dfbf9482859e83b1999982df969e87">[email protected]</span></a> or (202) 631-0420.
SUPPLEMENTARY INFORMATION: Section 70913(b) of the IIJA requires that
the report:
<bullet> Identify all domestic content procurement preferences
applicable to the Federal financial assistance;
<bullet> 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. 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);
<bullet> 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,
<bullet> Include a description of the type of infrastructure
projects that receive funding under the program, including information
relating to--
[cir] the number of entities that are participating in the program;
[cir] the amount of Federal funds that are made available for the
program for each fiscal year; and,
[cir] any other information the head of the Federal agency
determines to be relevant.
In accordance with the Office of Management and Budget (OMB)
Memorandum M-22-08--``Identification of Federal Financial Assistance
Infrastructure Programs Subject to the Build America, Buy America
Provisions of the Infrastructure Investment and Jobs Act,'' Federal
awarding agencies must also include a separate notice to each
appropriate congressional committee, including the Committee on
Homeland Security and Governmental Affairs, the Committee on Commerce,
Science, and Transportation, the Committee on Environment and Public
Works, the Committee on Banking, Housing, and Urban Affairs, and the
Committee on Armed Services of the Senate; and the Committee on
Oversight and Reform, the Committee on Armed Services, and the
Committee on Transportation and Infrastructure of the House of
Representatives.
The following report provides the Department of Health and Human
Services (HHS) initial analysis of its programs and the Build America,
Buy America requirements.
Background: Title IX of the IIJA, entitled ``Build America, Buy
America'' (BABA), requires that no later than May 14, 2022, each
Federal awarding agency must ensure that none of the funds made
available for a Federal financial assistance program for infrastructure
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 (absent a waiver authorized by
statute). Section 70912(5) of the IIJA, defines ``infrastructure'' to
include at a minimum, the structures, facilities, and equipment for, in
the United States--roads, highways, and bridges; public transportation;
dams, ports, harbors, and other maritime facilities; intercity
passenger and freight railroads; freight and intermodal facilities;
airports; water systems, including drinking water and waste-water
systems; electrical transmission facilities and systems; utilities;
broadband infrastructure; and buildings and real property.
Analysis: The financial assistance programs funded by HHS focus on
medical research, health services, and essential human services. As
part of this focus, HHS occasionally provides construction support for
health centers, medical centers, and research facilities. The IIJA,
through the BABA imposes requirements on Federal financial assistance
for infrastructure projects, and focuses on sectors of domestic
infrastructure beyond the scope of HHS's programs. HHS has determined
that such construction support is not subject to BABA requirements. If
it is determined on a case-by-case basis that the BABA requirements
apply to any particular Federal financial assistance provided by HHS,
HHS will evaluate whether pursuing a waiver authorized by statute is
appropriate.
Historically, most recently in May 2019, OMB has concurred with
HHS's characterization of HHS financial assistance programs. On
December 20, 2021, OMB issued to Federal awarding agencies, Memorandum
M-22-08--``Identification of Federal Financial Assistance
Infrastructure Programs Subject to the Build America, Buy America
Provisions of the Infrastructure Investment and Jobs Act.'' The
Memorandum provides additional implementation instructions, however,
the Memorandum did not alter HHS's current assessment. Should OMB issue
additional guidance, HHS will re-evaluate the applicability of the BABA
requirements to our financial assistance programs.
Alice Bettencourt,
Deputy Assistant Secretary for Grants.
[FR Doc. 2022-03363 Filed 2-15-22; 8:45 am]
BILLING CODE 4150-24-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.