Notice2022-27501
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
December 20, 2022
Issuing agencies
Justice Department
Abstract
Pursuant to Section 70913(a) of the Infrastructure Investment and Jobs Act and consistent with OMB Memorandum 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 entities are required to provide the Office of Management and Budget (OMB) and Congress a report listing all Federal financial assistance programs for infrastructure administered by the agency. This report is required to be published in the Federal Register. The Department of Justice has prepared the report provided below regarding its financial assistance programs that provide funding that may be used by recipients for infrastructure projects.
Full Text
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<title>Federal Register, Volume 87 Issue 243 (Tuesday, December 20, 2022)</title>
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[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77892-77893]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27501]
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DEPARTMENT OF JUSTICE
[Docket No. JMD 156]
Identification of Federal Financial Assistance Infrastructure
Programs Subject to the Build America, Buy America Provisions of the
Infrastructure Investment and Jobs Act
AGENCY: Department of Justice.
ACTION: Notice.
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SUMMARY: Pursuant to Section 70913(a) of the Infrastructure Investment
and Jobs Act and consistent with OMB Memorandum 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 entities are required to provide the Office of
Management and Budget (OMB) and Congress a report listing all Federal
financial assistance programs for infrastructure administered by the
agency. This report is required to be published in the Federal
Register. The Department of Justice has prepared the report provided
below regarding its financial assistance programs that provide funding
that may be used by recipients for infrastructure projects.
FOR FURTHER INFORMATION CONTACT: For further information about these
programs, contact Tara M. Jamison, Director, Office of Acquisition
Management, Justice Management Division, 145 N Street NE, Room 8W.210,
Washington, DC 20530, (202) 616-3754 (not a toll-free call).
SUPPLEMENTARY INFORMATION:
1. Introduction
On November 15, 2021, President Biden signed into law the
Infrastructure Investment and Jobs Act (``IIJA''), which includes the
``Build America, Buy America Act'' (the Act). This Act ensures that
Federal infrastructure programs require the use of materials produced
in the United States, increases the requirement for American-made
content, and strengthens the waiver process associated with Buy America
provisions. The Act requires that within 60 days of its enactment,
January 14, 2022, each agency must submit to the Office of Management
and Budget (OMB) and Congress and publish in the Federal Register a
report (``60-day report'') listing all Federal financial assistance
programs for infrastructure administered by the agency.
2. Financial Assistance Programs for Infrastructure
There are three components within the Department of Justice (DOJ)
responsible for Federal financial assistance programs: the Office of
Justice Programs (OJP); the Office on Violence Against Women (OVW); and
the Office of Community Oriented Policing Services (COPS Office).
This report reflects an initial identification of each Federal
financial assistance program for infrastructure administered by these
offices and an analysis of associated domestic content procurement
preferences applicable to the Federal financial assistance. This
initial analysis is based on the agency's current understanding of
information contained in the law and the imminent timing requirements
for reporting. This initial analysis is subject to change upon further
evaluation. In FY 2022, the following programs for which at least part
of the funding may potentially be used for a ``project'' for
``infrastructure'' as those terms are defined by IIJA and OMB M-22-08
have been identified.
2.1 OJP's 16.596 Tribal Justice Systems Infrastructure Program
(TJSIP), which is Purpose Area 4 under the Coordinated Tribal
Assistance Solicitation (CTAS), assists tribes in developing effective
strategies to cost effectively renovate, expand, or replace existing
facilities associated with the incarceration and rehabilitation of
juvenile and adult justice-involved individuals subject to tribal
jurisdiction. Generally, the types of projects funded under this
program do not entail ``infrastructure'' on the scale contemplated by
the IIJA or OMB M-22-08; however, it remains possible that projects of
that scope, scale and nature could be funded in the future. Pursuant to
OMB M-22-08, before applying any Buy America preferences to this
program, which will directly affect Tribal communities, OJP is
obligated to follow the consultation policies established through
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, and consistent with policies set forth in the Presidential
Memorandum of January 26, 2021, on Tribal Consultation and
Strengthening Nation-to-Nation Relationships to the extent necessary to
address the exceptional type of infrastructure project described above.
2.2 OJP's 16.753 Byrne Discretionary Community Project Funding
distributes
[[Page 77893]]
funding to support projects designated for funding in the Consolidated
Appropriations Act, 2022 (Pub. L. 117-103) that improve the functioning
of the criminal justice system, prevent, or combat juvenile
delinquency, and assist victims of crime (other than compensation). The
joint explanatory statement accompanying Public Law 117-103 lists the
designated projects, which is incorporated by reference into the
Appropriations Act. Thus, the types of projects, which may include
``infrastructure,'' are determined by the appropriation. To the extent
that ``infrastructure projects'' may be authorized, OJP will, as it
becomes legally necessary, impose special conditions on those awards to
include ``Build America, Buy America''-specific provisions.
2.3 COPS Office's 16.710 Technology and Equipment Program (TEP)
distributes funding to support projects designated in the Consolidated
Appropriations Act, 2022 (Pub. L. 117-103) for law enforcement
technologies, interoperable communications, and public safety
equipment. The joint explanatory statement accompanying Public Law 117-
103 lists the designated projects, which is incorporated by reference
into the Appropriations Act. Thus, the types of projects, which may
include ``infrastructure,'' are determined by the appropriation. To the
extent that ``infrastructure projects'' may be authorized, the COPS
Office will, as it becomes legally necessary, impose special conditions
on those awards to include ``Build America, Buy America''-specific
provisions.
2.4 Table 3-1 Recipients and Funds Awarded, below provides the
number of entities that are participating in, and the amount of Federal
funds that have been made available. Shown are the programs for each
fiscal year, the total number of recipients and federal funds awarded
under their respective programs, which are not limited solely to
funding for ``infrastructure projects.'' At the time of this report,
DOJ is still in the process of making its FY2022 awards and thus, the
FY2022 figures indicated above may not be final.
Table 3-1--Recipients and Funds Awarded
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Number of recipients Federal funds awarded
Assistance listing -----------------------------------------------------------------------------------------------
FY2020 FY2021 FY2022 FY2020 FY2021 FY2022
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16.596 [TJSIP].......................................... 9 9 0 $8,768,582 $8,067,424 $0
16.753 [Byrne Discretionary]............................ 0 0 202 0 0 153,147,000
16.710 [TEP]............................................ 0 0 121 0 0 111,744,000
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Consistent with Public Law 117-58, 135 Stat. 429, 1295, no
``domestic content procurement preference'' as defined by Section
70912(2), set forth in Section 70913(b)(2), or consistent with Section
70914 applies to DOJ's programs. All DOJ awards administered by the
above-mentioned offices encourage non-Federal entities, pursuant to 2
CFR 200.322, to 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) to the greatest extent practicable under the
Federal award and as appropriate and consistent with law.
2.5 DOJ has reviewed its Federal financial assistance programs and
has determined that it does not administer any financial assistance
programs for infrastructure as defined under the Act. Nor were any
deficient programs, as defined under the Act, identified. This
information has been reported to Congress and OMB as required by the
Act.
Dated: December 14, 2022.
Tara M. Jamison,
Director, Office of Acquisition Management, Justice Management
Division.
[FR Doc. 2022-27501 Filed 12-19-22; 8:45 am]
BILLING CODE 4410-NW-P
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