Notice2022-05658
Report to Congress Identifying all Federal Financial Assistance Programs for Infrastructure Administered by the Department of Education
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Published
March 17, 2022
Issuing agencies
Education Department
Abstract
The Department of Education (Department) publishes a report to Congress, dated March 2022, identifying its Federal financial assistance programs (programs) that allow for grant funds to be used for infrastructure projects, and that also identifies those programs that are inconsistent with the Infrastructure Investment and Jobs Act (i.e., they do not require that all of the iron, steel, manufactured products, and construction materials used in the project be produced in the United States; do not issue waivers to this requirement; or are subject to waivers of general applicability).
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<title>Federal Register, Volume 87 Issue 52 (Thursday, March 17, 2022)</title>
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[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Notices]
[Pages 15210-15212]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05658]
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DEPARTMENT OF EDUCATION
Report to Congress Identifying all Federal Financial Assistance
Programs for Infrastructure Administered by the Department of Education
AGENCY: Office of Finance and Operations, Department of Education.
ACTION: Notice.
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SUMMARY: The Department of Education (Department) publishes a report to
Congress, dated March 2022, identifying its Federal financial
assistance programs (programs) that allow for grant funds to be used
for infrastructure projects, and that also identifies those programs
that are inconsistent with the Infrastructure Investment and Jobs Act
(i.e., they do not require that all of the iron, steel, manufactured
products, and construction materials used in the project be produced in
the United States; do not issue waivers to this requirement; or are
subject to waivers of general applicability).
FOR FURTHER INFORMATION CONTACT: Phillip Juengst, U.S. Department of
Education, Office of Acquisition and Grants Administration, 400
Maryland Avenue SW, Room 5B242, Washington, DC 20202. Telephone: (202)
453-6396. Email: <a href="/cdn-cgi/l/email-protection#c797afaeababaeb7e98db2a2a9a0b4b387a2a3e9a0a8b1"><span class="__cf_email__" data-cfemail="a5f5cdccc9c9ccd58befd0c0cbc2d6d1e5c0c18bc2cad3">[email protected]</span></a>.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service, toll free, at 1-800-
877-8339.
SUPPLEMENTARY INFORMATION: The Department publishes this notice
containing a report to Congress, dated March 2022, identifying its
programs that allow for grant funds to be used for infrastructure
projects, and that also identifies those programs that are inconsistent
with section 70914 of the Infrastructure Investment and Jobs Act (i.e.,
they do not require that all of the iron, steel, manufactured products,
and construction materials used in the project be produced in the
United States; do not issue waivers to this requirement; or are subject
to waivers of general applicability). The report to Congress is in the
Appendix of this notice.
Accessible Format: On request to the contact person listed under
FOR FURTHER INFORMATION CONTACT, individuals with disabilities can
obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or other accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. At this site, you can view this
document, as well as all other documents of this Department, published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF, you must have Adobe Acrobat Reader, which is available free at
the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. Specifically, through the advanced search
feature at this site, you can limit
[[Page 15211]]
your search to documents published by the Department.
Denise L. Carter,
Acting Assistant Secretary, Office of Finance and Operations, and
Delegated To Perform the Functions and Duties of the Chief Financial
Officer.
Appendix--Report to Congress Identifying all Federal Financial
Assistance Programs for Infrastructure Administered by the Department
of Education
March 2022
Preface
The Report to Congress Identifying all Federal Financial
Assistance Programs for Infrastructure Administered by the U.S.
Department of Education identifies the Department of Education's
(Department's) Federal financial assistance programs (programs) that
allow for grant funds to be used for infrastructure projects, and
identifies those programs that are inconsistent with section 70914
of the Infrastructure Investment and Jobs Act Pub. L. 117-58 (that
is, they do not require that all of the iron, steel, manufactured
products, and construction materials used in the project be produced
in the United States; do not issue waivers to this requirement; or
are subject to waivers of general applicability).
The report consists of a Summary section that addresses whether
the Department's programs identified in the report include domestic
content procurement preferences and provides details on any
applicable domestic content procurement preference. The Summary
section also addresses whether programs have waiver provisions to
these preferences in place or are subject to waivers of general
applicability. The report also includes Exhibits listing the
Department programs that allow for grant funds to be used for
infrastructure projects. The Exhibits include the Department's
program office names, the program titles, the Assistance Listing
Numbers (ALNs); the award types; and the type of infrastructure
activity permitted under the programs (that is, construction and/or
broadband infrastructure activities).
Section I. Summary
This report is submitted in accordance with section 70913 of the
Infrastructure Investment and Jobs Act Public Law 117-58 (the Act or
IIJA), which requires Federal agencies to submit to Congress and the
Office of Management and Budget (OMB), and publish in the Federal
Register, a report listing all Federal financial assistance programs
for infrastructure administered by Federal agencies. The report must
identify those programs that do not have an established domestic
content procurement preference for which Federal financial
assistance may not be obligated unless: (1) All iron and steel used
in the project will be produced in the United States; (2) the
manufactured products used in the project will be produced in the
United States; or (3) the construction materials used in the project
will be produced in the United States. These requirements are
defined and established in sections 70912(2) and 70914 of the Act.
Additionally, the report must identify which of those programs that
have established domestic content procurement preferences in place
also allow waivers to these preferences or allow for waivers of
general applicability to be issued (see section 70914(b)(c) and (d)
of the Act).
The Department's financial assistance programs provide services
from early intervention services to employment training programs.
Many of these programs provide grants to states or local educational
agencies and support students and families from vulnerable
populations, including children with disabilities and those from
disadvantaged backgrounds. These programs also provide grants and
loans to postsecondary students and facilitate research that
examines ways that states, schools, districts, and postsecondary
institutions can improve America's education system. Generally,
grants under these programs do not engage in infrastructure;
specifically, they do not acquire real property or engage in
construction activities, in accordance with prohibitions in the
Education Department General Administrative Regulations sections
75.533 and 76.533.
Although these programs are generally not focused on funding
infrastructure, a number of the Department's programs do authorize
infrastructure projects in their statutes or regulations. Three
Department program offices, the Office of Elementary and Secondary
Education (OESE), the Office of Postsecondary Education (OPE), and
the Office of Special Education and Rehabilitative Services (OSERS),
administer programs that could allow for infrastructure projects
primarily in accordance with subparagraph (K) of the
``infrastructure'' definition established in section 70912(5) of the
Act. A smaller number of programs allow infrastructure projects
under subparagraph (J). A total of 38 programs are identified within
this report. Section 70912(5) of the Act provides that:
(5) INFRASTRUCTURE. The term ``infrastructure'' includes, at a
minimum, the structures, facilities, and equipment for, in the
United States--
(A) roads, highways, and bridges;
(B) public transportation;
(C) dams, ports, harbors, and other maritime facilities;
(D) intercity passenger and freight railroads;
(E) freight and intermodal facilities;
(F) airports;
(G) water-systems, including drinking water and wastewater
systems;
(H) electrical transmission facilities and systems;
(I) utilities;
(J) broadband infrastructure; and
(K) buildings and real property.
While the identified programs may be considered infrastructure
programs in accordance with subparagraphs (J) and (K) of this
definition, generally their focus is not primarily infrastructure.
Most projects awarded Federal financial assistance under these
programs focus on other allowable and required activities and do not
engage in infrastructure activities.
Although the identified programs do not have domestic content
procurement preferences established in program statute and
regulations, and thus do not provide for waivers of such
requirements, the Department supports the administration's efforts
of strengthening the use of Federal financial assistance to support
American manufacturing by ensuring that the following as established
in 2 CFR 200.322 is applicable to projects funded under the
identified programs:
(a) As appropriate and to the extent consistent with law, the
non-Federal entity should, to the greatest extent practicable under
a Federal award, provide a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United
States (including but not limited to iron, aluminum, steel, cement,
and other manufactured products). The requirements of this section
must be included in all subawards including all contracts and
purchase orders for work or products under this award.
(b) For purposes of this section:
(1) ``Produced in the United States'' means, for iron and steel
products, that all manufacturing processes, from the initial melting
stage through the application of coatings, occurred in the United
States.
(2) ``Manufactured products'' means items and construction
materials composed in whole or in part of non-ferrous metals such as
aluminum; plastics and polymer-based products such as polyvinyl
chloride pipe; aggregates such as concrete; glass, including optical
fiber; and lumber.
By referencing 2 CFR 200.322 within the Grant Award
Notifications it issues to grantees under these programs, the
Department requires compliance with 2 CFR 200.322.
This report reflects the Department's initial analysis of
programs and associated Buy America requirements. After OMB develops
and releases implementation guidance subject to section 70915 of the
Act, the Department will work closely with OMB to ensure that
appropriate agency programs that are subject to Build America, Buy
America requirements are administered with those requirements in
place. This initial analysis is based on the Department's current
understanding of information contained in the law and information
received to date from OMB regarding the implementation of IIJA
section 70915. The Department's intention was to be inclusive of all
programs that could potentially fall under these requirements, but
this initial analysis is subject to change upon further evaluation
by the Department and new guidance from OMB.
Section II. Exhibits
For each reported program, the Exhibits that follow identify the
program office names, the program titles, the ALNs, the award types;
and the type of infrastructure activity permitted under the programs
(that is, construction and/or broadband infrastructure activities).
[[Page 15212]]
Exhibit 1--OESE
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Program title ALN Award type
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Impact Aid Program, 84.041C Discretionary.
Discretionary Construction
Program.
Per Pupil Facilities Program... 84.282D Discretionary.
Charter Schools Program Grants 84.354A Discretionary.
for Credit Enhancement for
Charter School Facilities.
Alaska Native Education........ 84.356A Discretionary.
Education of Native Hawaiians.. 84.362A Discretionary.
Education Stabilization Fund 84.425A Formula.
Allocation for Outlying Areas.
Governors Emergency Education 84.425C Formula.
Relief Fund.
Elementary and Secondary School 84.425D Formula.
Emergency Relief Fund.
Governors Education 84.425H Formula.
Stabilization Fund Allocation
for Outlying Areas.
American Rescue Plan-- 84.425U Formula.
Elementary and Secondary
Schools Emergency Relief Fund
(ARP-ESSER).
American Rescue Plan--Outlying 84.425X Formula.
Areas SEA (ARP-OA SEA).
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Exhibit 2--OPE
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Program title ALN Award type
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Strengthening Institutions 84.031A Discretionary.
Program (SIP).
Historically Black Colleges and 84.031B Discretionary.
Universities Program.
American Indian Tribally 84.031D Discretionary.
Controlled Colleges and
Universities (Part F).
Historically Black Colleges and 84.031E Discretionary.
Universities Program (FUTURE
Act).
Strengthening Institutions 84.031F Discretionary.
Program (SIP).
Strengthening Historically 84.031K Discretionary.
Black Graduate Institutions
Program.
Promoting Postbaccalaureate 84.031M Discretionary.
Opportunities for Hispanic
Americans Program.
Predominantly Black 84.031P Discretionary.
Institutions Program--Formula
Grants.
Developing Hispanic-Serving 84.031S Discretionary.
Institutions Program.
American Indian Tribally 84.031T Discretionary.
Controlled Colleges and
Universities.
Asian American and Native 84.382B Discretionary.
American Pacific Islander-
Serving Institutions Program.
Historically Black Colleges and 84.382G Discretionary.
Universities (Graduate).
Howard University (Academic)... 84.915A Formula.
Howard University (Hospital)... 84.915B Formula.
------------------------------------------------------------------------
Exhibit 3--OSERS
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Program title ALN Award type
------------------------------------------------------------------------
State Grants--B (611).......... 84.027A Formula.
Individuals with Disabilities 84.027X Formula.
Education Act/American Rescue
Plan Act of 2021 (ARP).
State Vocational Rehabilitation 84.126A Formula.
Services (VR).
STATE GRANT--B PRESCHOOL (619). 84.173A Formula.
Individuals with Disabilities 84.173X Formula.
Education Act/American Rescue
Plan Act of 2021 (ARP).
INFANT & TODDLERS/FAMILIES 84.181A Formula.
(PART C).
Individuals with Disabilities 84.181X Formula.
Education Act/American Rescue
Plan Act of 2021 (ARP).
Helen Keller National Center... 84.904A Discretionary.
National Technical Institute 84.908A Formula.
for the Deaf (NTID).
NTID Endowment Program......... 84.908B Formula.
NTID COVID..................... 84.908D Formula.
Gallaudet University........... 84.910A Formula.
Gallaudet COVID Relief......... 84.910B Formula.
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The Department of Education's mission is to promote student
achievement and preparation for global competitiveness by fostering
educational excellence and ensuring equal access. <a href="http://www.ed.gov">www.ed.gov</a>
[FR Doc. 2022-05658 Filed 3-16-22; 8:45 am]
BILLING CODE 4000-01-P
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