Report to Congress and the Office of Management and Budget Regarding the Review Financial Assistance and the Requirements of Buy America, 3354 [2022-01121]

Agencies

• DEPARTMENT OF LABOR
• Office of the Secretary

[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Notices]
[Page 3354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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