Notice2026-09374
Agency Information Collection Activities; Comment Request; Build America, Buy America Act (BABAA) Domestic Sourcing Requirements Waiver-United States Department of Education BABAA Waiver Request Form
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
May 12, 2026
Issuing agencies
Education Department
Abstract
In accordance with the Paperwork Reduction Act (PRA) of 1995, the Department is proposing a reinstatement without change of a previously approved information collection request (ICR).
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 91 (Tuesday, May 12, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 91 (Tuesday, May 12, 2026)]
[Notices]
[Page 25869]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09374]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
[Docket No.: ED-2026-SCC-1552]
Agency Information Collection Activities; Comment Request; Build
America, Buy America Act (BABAA) Domestic Sourcing Requirements
Waiver--United States Department of Education BABAA Waiver Request Form
AGENCY: Office of the Secretary (OS), Department of Education (ED).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act (PRA) of 1995,
the Department is proposing a reinstatement without change of a
previously approved information collection request (ICR).
DATES: Interested persons are invited to submit comments on or before
July 13, 2026.
ADDRESSES: To access and review all the documents related to the
information collection listed in this notice, please use <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching the Docket ID number ED-2026-SCC-1552.
Comments submitted in response to this notice should be submitted
electronically through the Federal eRulemaking Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by selecting the Docket ID number or via postal
mail, commercial delivery, or hand delivery. If the <a href="http://regulations.gov">regulations.gov</a>
site is not available to the public for any reason, the Department will
temporarily accept comments at <a href="/cdn-cgi/l/email-protection#256c66614a464e40516842576540410b424a53"><span class="__cf_email__" data-cfemail="e2aba1a68d81898796af8590a28786cc858d94">[email protected]</span></a>. Please include the
docket ID number and the title of the information collection request
when requesting documents or submitting comments. Please note that
comments submitted after the comment period will not be accepted.
Written requests for information or comments submitted by postal mail
or delivery should be addressed to the Grant Policy Office, U.S.
Department of Education, 400 Maryland Ave. SW, LBJ, Room 4B274,
Washington, DC 20202.
FOR FURTHER INFORMATION CONTACT: For specific questions related to
collection activities, please contact John English,
<a href="/cdn-cgi/l/email-protection#e58f8a8d8bcb808b82898c968da58081cb828a93"><span class="__cf_email__" data-cfemail="5e34313630703b303932372d361e3b3a70393128">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Department, in accordance with the
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)),
provides the general public and Federal agencies with an opportunity to
comment on proposed, revised, and continuing collections of
information. This helps the Department assess the impact of its
information collection requirements and minimize the public's reporting
burden. It also helps the public understand the Department's
information collection requirements and provide the requested data in
the desired format. The Department is soliciting comments on the
proposed information collection request (ICR) that is described below.
The Department is especially interested in public comment addressing
the following issues: (1) is this collection necessary to the proper
functions of the Department; (2) will this information be processed and
used in a timely manner; (3) is the estimate of burden accurate; (4)
how might the Department enhance the quality, utility, and clarity of
the information to be collected; and (5) how might the Department
minimize the burden of this collection on the respondents, including
through the use of information technology. Please note that written
comments received in response to this notice will be considered public
records.
Title of Collection: Build America, Buy America Act (BABAA)
Domestic Sourcing Requirements Waiver--United States Department of
Education BABAA Waiver Request Form.
OMB Control Number: 1894-0018.
Type of Review: A reinstatement without change of a previously
approved ICR.
Respondents/Affected Public: State, Local, and Tribal Governments;
Private Sector.
Total Estimated Number of Annual Responses: 47.
Total Estimated Number of Annual Burden Hours: 470.
Abstract: In accordance with section 70914 of the Build America Buy
America Act (Pub. L. 117-58 Sec. Sec. 70901-70953) (BABAA), grantees
funded under Department of Education (the Department) programs that
allow funds to be used for infrastructure projects (infrastructure
programs), i.e., construction and broadband infrastructure, may not use
their grant funds for these infrastructure projects or activities
unless they comply with the following BABAA sourcing requirements: (1)
All iron and steel used in the infrastructure project or activity are
produced in the United States, (2) All manufactured products used in
the infrastructure project or activity are produced in the United
States, and (3) All construction materials are manufactured in the
United States.
The Department may, in accordance with sections 70914(b) and (d),
70921(b), 70935, and 70937 of BABAA, and the Office of Management and
Budget Memorandum M 22-11, Initial Implementation Guidance on
Application of Buy America Preference in Federal Financial Assistance
Programs for Infrastructure, approve waivers to BABAA sourcing
requirements submitted by grantees under programs it has identified as
infrastructure programs when it determines that exceptions to these
requirements apply. The Department may approve, subject to notice and
comment requirements and the Office of Management and Budget Made in
America Office (MIAO) review, the types of waivers listed below when
one or more of the following conditions are met: (1) Public Interest
Waiver--Applying the BABAA sourcing requirement would be inconsistent
with the public interest, (2) Non-availability Waiver--The types of
iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available
quantities or of a satisfactory quality, and (3) Unreasonable Cost
Waiver--The inclusion of iron, steel, manufactured products, or
construction materials produced in the United States will increase the
cost of the overall project by more than 25 percent.
Ross Santy,
Chief Data Officer, Office of Planning, Evaluation and Policy
Development.
[FR Doc. 2026-09374 Filed 5-11-26; 8:45 am]
BILLING CODE 4000-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 12, 2026.
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.