Federal Financial Assistance Infrastructure Programs Subject to the Build America, Buy America Provisions of the Infrastructure Investment and Jobs Act, 3385-3388 [2022-01169]
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Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Notices
OMB Control Number: 1505–0262.
Type of Review: Extension of a
currently approved collection.
Description: Title 29 of the United
States Code of Federal Regulations
(CFR) part 1614, directs agencies to
maintain a continuing program to
promote equal opportunity and to
identify and eliminate discriminatory
practices and policies. The Department
of the Treasury (Department) is thus
required to process complaints of
employment discrimination from
Department employees, former
employees and applicants for jobs with
the Department who claim
discrimination based on their
membership in a protected class, such
as, race, color, religion, sex (including
pregnancy, sexual orientation and
gender identity), national origin, age
(over 40), disability, genetic
information, or retaliation for engaging
in prior protected activity. Claims of
discrimination based on parental status
are processed as established by
Executive Order 11478 (as amended by
Executive Order 13152). Federal
agencies must offer pre-complaint
‘‘informal’’ counseling and/or
Alternative Dispute Resolution (ADR) to
these ‘‘aggrieved individuals’’ (the
aggrieved), claiming discrimination by
officials of the Department. If the
complaint is not resolved during the
informal process, agencies must issue a
Notice of Right to File a Complaint of
Discrimination form to the aggrieved.
This information is being collected for
the purpose of processing informal and
formal complaints of employment
discrimination against the Department
on the bases of race, color, religion, sex
(including pregnancy, sexual orientation
and gender identity), national origin,
age (over 40), disability, genetic
information, parental status, or
retaliation. Pursuant to 29 CFR
1614.105, the aggrieved must participate
in pre-complaint counseling to try to
informally resolve his/her complaint
prior to filing a complaint of
discrimination. Information provided on
the pre-complaint forms may be used by
the aggrieved to assist in determining if
she or he would like to file a formal
complaint against the Department. The
information captured on these forms
will be reviewed by the staff of the
Department’s Office of Civil Rights and
Diversity to frame the claims for
investigation and determine whether the
claims are within the parameters
established in 29 CFR part 1614. In
addition, data from the complaint forms
is collected and aggregated for the
purpose of discerning whether any
Department of the Treasury policies,
practices or procedures may be
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curtailing the equal employment
opportunities of any protected group.
Forms: TD F 62–03.1, TD F 62–03.2,
TD F 62–03.4, TD F 62–03.6, TD 62–
03.7, TD 62–03.8, TD F 62–03.9, TD F
62–03.10, TD F 62–03.11, TD F 63–03.5.
Affected Public: Individuals and
Households.
Estimated Number of Respondents: 1
to 20 respondents.
Frequency of Response: On Occasion.
Estimated Total Number of Annual
Responses: 90.
Estimated Time per Response: 3
minutes to 1 hour.
Estimated Total Annual Burden
Hours: 47.
Request for Comments: Comments
submitted in response to this notice will
be summarized and included in the
request for Office of Management and
Budget approval. All comments will
become a matter of public record.
Comments are invited on: (a) Whether
the collection of information is
necessary for the proper performance of
the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information to be collected; (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of technology; and (e) estimates of
capital or start-up costs and costs of
operation, maintenance, and purchase
of services required to provide
information.
Authority: 44 U.S.C. 3501 et seq.
Dated: January 14, 2022.
Molly Stasko,
Treasury PRA Clearance Officer.
[FR Doc. 2022–01110 Filed 1–20–22; 8:45 am]
BILLING CODE 4810–AK–P
DEPARTMENT OF THE TREASURY
Federal Financial Assistance
Infrastructure Programs Subject to the
Build America, Buy America
Provisions of the Infrastructure
Investment and Jobs Act
Department of the Treasury.
Notice.
AGENCY:
ACTION:
Pursuant to section 70913 of
the Infrastructure Investment and Jobs
Act, the Department of the Treasury 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:
SUMMARY:
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3385
For further information about the
programs administered by the Office of
Recovery Programs, contact Brette
Fishman, Director, Office of Grant
Policy, Office of Recovery Programs, at
OfficeOfRecoveryPrograms@
treasury.gov or (844) 529–9527.
For further information about the
RESTORE Act, Direct Component
program administered by the Office of
Gulf Coast Restoration, contact Maureen
Klovers, Program Director, Office of Gulf
Coast Restoration at maureen.klovers2@
treasury.gov or (844) 529–9527.
SUPPLEMENTARY INFORMATION:
Treasury’s Identification of Federal
Financial Assistance Infrastructure
Programs Subject to the Build America,
Buy America Provisions of the
Infrastructure Investment and Jobs Act
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. In these 60day reports, agencies are required to
identify and provide a list of which of
these programs are ‘‘deficient,’’ as
defined in the Act.
In an effort to aid agencies towards
compliance with Sections 70913
(Identification of Deficient Programs)
and 70914 (Application of Buy America
Preference) of the IIJA, OMB issued
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’’ on December 20, 2021. This
memorandum provides criteria that
assist agencies in identifying which
programs constitute infrastructure
programs and helps them determine if
any of these programs are considered
deficient as described in section
70913(c) of the IIJA.
OMB memorandum M–22–08 also
informs agencies regarding items that
are required to be contained in the 60-
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Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Notices
day report for each infrastructure
program, which includes identifying all
domestic content procurement
preferences applicable to the program,
providing details on any preference
requirement, and providing a
description of the types of infrastructure
project that receive funding under the
program. Additionally, for each
program, agencies should include the
number of recipients and the available
funds for the program in each fiscal
year.
This report errs on the side of overinclusiveness, given the requirement to
submit this report at this time. As
instructed by OMB, Treasury has
included all programs for which funds
may be obligated for infrastructure
under any award. After OMB releases
implementation guidance as outlined in
Section 70915 of the IIJA, Treasury will
re-evaluate its identification of agency
programs that are subject to Build
America, Buy America requirements.
2. Financial Assistance Programs for
Infrastructure
Treasury’s main organizational
components that provide financial
assistance include: The Internal
Revenue Service and the Departmental
Offices (including the Community
Development Financial Institutions
Fund and the Office of Recovery
Programs (ORP)). Of those components,
based on program analysis, only DO has
Federal financial assistance programs
related to infrastructure that merit
inclusion in the 60-day report. This
section identifies and describes the
active programs applicable to the IIJA.
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2.1 ORP Active Financial Assistance
Programs for Infrastructure
• Coronavirus State and Local Fiscal
Recovery Fund CFDA # 21.027
(SLFRF)—Public Law 117–2. Sections
602 and 603 of the Social Security Act,
as added by section 9901 of the
American Rescue Plan Act (the ARP
Act) established the Coronavirus State
Fiscal Recovery Fund and Coronavirus
Local Fiscal Recovery Fund respectively
(referred to as the ‘‘Coronavirus State
and Local Fiscal Recovery Funds’’ or
‘‘SLFRF’’). SLFRF provides $350 billion
in total funding for Treasury to make
payments to States (defined to include
the District of Columbia), U.S.
Territories (defined to include Puerto
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Rico, U.S. Virgin Islands, Guam,
Northern Mariana Islands, and
American Samoa), Tribes, Metropolitan
cities, Counties, Consolidated
Governments, and (through States)
Nonentitlement units of local
government for eligible activities
outlined in sections 602(c) and 603(c) of
the Social Security Act, and Treasury’s
implementing regulations, 31 CFR part
35.
• Capital Projects Fund CFDA #
21.029 (CPF)—Public Law 117–2. Title
III Section 604 of the ARP Act
established the Capital Projects Fund
and provides $10 billion for Treasury to
make payments to States, Tribes,
Territories, and Freely Associated States
to carry out critical capital projects that
directly enable work, education, and
health monitoring including remote
options in response to the public health
emergency with respect to COVID–19.
• Homeownership Assistance Fund
CFDA # 21.026 (HAF)—Public Law 117–
2. Title III, Subtitle B, Section 3206 of
the ARP Act established the
Homeowner Assistance Fund and
provides $9.9 billion for Treasury to
make payments to States (defined to
include the District of Columbia, Puerto
Rico, U.S. Virgin Islands, Guam,
Northern Mariana Islands, and
American Samoa), Tribes or tribally
designated housing entities, as
applicable, and the Department of
Hawaiian Home Lands to mitigate
financial hardships associated with the
coronavirus pandemic, including for the
purposes of preventing homeowner
mortgage delinquencies, defaults,
foreclosures, loss of utilities or home
energy services, and displacements of
homeowners experiencing financial
hardship after January 21, 2020, through
qualified expenses related to mortgages
and housing.
2.2 DO Active Financial Assistance
Programs for Infrastructure
The Resources and Ecosystems
Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf
Coast States Act of 2012 (RESTORE Act)
Direct Component Program, CFDA #
21.015—On July 6, 2012, the President
signed into law the RESTORE Act to
respond to the April 20, 2010 Deepwater
Horizon Oil Spill in the Gulf of Mexico
and the resulting ecological and
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economic disaster caused by the
explosion on, and sinking of, the mobile
offshore drilling unit Deepwater
Horizon. The RESTORE Act authorized
five grant programs to fund programs,
projects, and activities that restore and
protect the environment and economy
of the Gulf Coast region. Treasury’s
Office of Gulf Coast Restoration
administers two of the five grant
programs, the Direct Component and
Centers of Excellence Research Grants
Programs, which are listed under a
single CFDA number. The RESTORE
Act also established the Gulf Coast
Restoration Trust Fund that is funded
by eighty percent of the administrative
and civil penalties paid by the
responsible parties pursuant to a court
order, negotiated settlement, or other
instrument under section 311 of the
Federal Water Pollution Control Act in
connection with the Deepwater Horizon
oil spill. The Trust Fund provides
funding for the five federal financial
assistance programs authorized by the
RESTORE Act (not appropriated funds).
The Direct Component program
provides funding to four Gulf Coast
States, twenty-three Florida counties,
and twenty Louisiana parishes, and the
Centers of Excellence Research Grants
Program provide funding to five states
for eligible activities outlined in the
RESTORE Act and Treasury’s
implementing regulations, 31 CFR part
34. The Direct Component Program
funds some infrastructure projects as
defined by Section 70912(5) of the IIJA,
but many projects funded by the Direct
Component Program are not for
infrastructure. The Centers of
Excellence Research Grants Program
does not fund any infrastructure. See
Section 3 for further details.
3. Financial Assistance Infrastructure
Programs Deficiency Determination
Table 3–1 depicts the deficiency
status of each Treasury financial
assistance infrastructure program, as it
relates to Section 70914 1 of the IIJA.
1 Section 70914 of the IIJA provides that, as of
May 14, 2022, none of the funds made available for
a Federal financial assistance program for
infrastructure, including each applicable program,
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.
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Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Notices
3387
TABLE 3–1 DEFICIENCY DETERMINATION BY PROGRAM
Program
Deficiency
status 2
Reason for
deficiency
ORP ......
SLFRF ............
Deficient as of
1/14/21.
The program is
deficient with respect to Section
70914, per item
1 of section
70913 (see footnote 3). The
Program does
not plan to issue
awards after
May of 2022.
NA ..................
CPF ................
Deficient as of
1/14/21.
NA ..................
HAF ................
Deficient as of
1/14/21.
RESTORE Act
Deficient as of
1/14/21.
The program is
deficient with respect to Section
70914, per item
1 of section
70913 (see footnote 3). All
awards will be
issued before
May 2022, except for a subset of Tribal
awards.
The program is
deficient with respect to Section
70914, per item
1 of section
70913 (see footnote 3) The Program does not
plan to issue
awards after
May of 2022.
The program is
deficient with
Section 70914,
per item 1 of
section 70913
(see footnote 3
on page 6).
DO ........
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Domestic
content
procurement
preference
applicable 3
Entity
2 As
discussed in M–22–08 and pursuant to the
IIJA, an infrastructure program is considered
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Type of infrastructure projects that
receive funding under the program
Recipients have significant flexibility
on how to allocate funds, and
projects may include necessary investments in water, sewer, or
broadband infrastructure; a broad
variety of investments to respond
to the public health and negative
economic impacts of the pandemic;
and a broad variety of infrastructure that might typically be funded
under the provision of government
services.
Recipients have significant flexibility
on how to allocate funds. We expect some funding to be used for
broadband infrastructure projects
and for construction of community
centers, and similar facilities.
FY 19, 20 and 21
total
available funding
FY 19–FY 20:
NAFY 21:
4,921.
FY 19, FY 20: NA.
FY 21:
$350,000,000,000.
FY 19–FY 20:
NA.
FY 21: NA ......
FY 19, FY 20: NA.
FY 21: NA.
NA ..................
Projects include measures to prevent
homeowner displacement, such as
home repairs to maintain the habitability of a home, including the reasonable addition of habitable space
to alleviate overcrowding, or assistance to enable households to receive clear title to their properties.
FY 19–FY 20:
NA.
FY 21: 353 .....
FY 19, FY 20: NA.
FY 21:
$9,961,000,000.
NA ..................
The RESTORE Act, which authorized
the Direct Component Program,
lists eleven eligible project or program purposes, two of which are
‘‘[i]infrastructure projects benefitting
the economy or ecological resources, including port infrastructure’’ and ‘‘[c]coastal flood protection or related infrastructure.’’.
The
Direct
Component-funded
projects with a primary eligible purpose of ‘‘infrastructure’’ vary widely. To date, these have included
building a roll-on/roll-off facility at a
port, wastewater treatment plants,
drinking water treatment plants,
and roads and bridges, as well as
the construction or upgrading of
levees, rock jetties, and other flood
protection structures.
Other
Direct
Component-funded
projects are not considered to have
a primary purpose of infrastructure
because they are aligned to one of
the nine other Direct Component
eligible purposes, even though the
projects may involve construction.
For example, the construction of
an aquarium falls under the Direct
Component eligible purpose of
‘‘[p]promotion of tourism in the Gulf
Coast Region, including promotion
of recreational fishing,’’ not an infrastructure purpose.
FY 19: 11 .......
FY 20: 17 .......
FY 21: 14 4 .....
FY 19:
$129,970,078.64.
FY 20:
$99,265,125.10.
FY 21:
$42,585,192.28.5
deficient and therefore inconsistent with section
70914 if: Per section 70913 it does not require that
all of the iron, steel, manufactured products, and
construction materials used in the project are
PO 00000
# of recipients
in
FY 19, 20 and
21
Frm 00110
Fmt 4703
Sfmt 4703
produced in the United States; it does not issue
waivers and written justifications as specified in
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Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Notices
(Authority: Pub. L. No 117–58 (Nov. 15,
2021))
Dated: January 18, 2022.
Marti Adams,
Executive Secretary.
[FR Doc. 2022–01169 Filed 1–20–22; 8:45 am]
BILLING CODE 4810–AK–P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0682]
Agency Information Collection
Activity: Advertising, Sales, Enrollment
Materials, and Candidate Handbooks
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
Veterans Benefits
Administration, Department of Veterans
Affairs (VA), is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the
SUMMARY:
jspears on DSK121TN23PROD with NOTICES1
section 70914; or (3) it is subject to a waiver of
general applicability.
3 Domestic content procurement preferences
include the following: section 313 of title 23,
United States Code; section 5323(j) of title 49,
United States Code; section 22905(a) of title 49,
United States Code; section 50101 of title 49,
United States Code; section 603 of the Federal
Water Pollution Control Act (33 U.S.C. 1388);
section 1452(a)(4) of the Safe Drinking Water Act
(42 U.S.C. 300j–12(a)(4)); section 5035 of the Water
Infrastructure Finance and Innovation Act of 2014
(33 U.S.C. 3 3914); any domestic content
procurement preference included in an
appropriations Act; and any other domestic content
procurement preference in Federal law (including
regulations). It does not include the Uniform
Guidance.
4 This is the number of entities receiving new
Direct Component awards in each of the fiscal years
indicated. This does not include entities with active
awards received in prior years.
5 The figures presented in this column include all
new Treasury RESTORE Act funded obligations for
the Direct Component Program (no Centers of
Excellence Program obligations are included since
that program does not fund any infrastructure or
construction). This encompasses obligations related
to all new awards, all monetary amendments, and
all closeouts (the latter often resulting in a
deobligation).
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Paperwork Reduction Act (PRA) of
1995, Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
revision of a currently approved
collection, and allow 60 days for public
comment in response to the notice.
DATES: Written comments and
recommendations on the proposed
collection of information should be
received on or before March 22, 2022.
ADDRESSES: Submit written comments
on the collection of information through
Federal Docket Management System
(FDMS) at www.Regulations.gov or to
Nancy J. Kessinger, Veterans Benefits
Administration (20M33), Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420 or email to
nancy.kessinger@va.gov. Please refer to
‘‘OMB Control No. 2900–0682’’ in any
correspondence. During the comment
period, comments may be viewed online
through FDMS.
FOR FURTHER INFORMATION CONTACT:
Maribel Aponte, Office of Enterprise
and Integration, Data Governance
Analytics (008), 1717 H Street NW,
Washington, DC 20006, (202) 266–4688
or email maribel.aponte@va.gov. Please
refer to ‘‘OMB Control No. 2900–0682’’
in any correspondence.
SUPPLEMENTARY INFORMATION: Under the
PRA of 1995, Federal agencies must
obtain approval from the Office of
Management and Budget (OMB) for each
collection of information they conduct
or sponsor. This request for comment is
being made pursuant to Section
3506(c)(2)(A) of the PRA.
With respect to the following
collection of information, VBA invites
comments on: (1) Whether the proposed
collection of information is necessary
for the proper performance of VBA’s
functions, including whether the
information will have practical utility;
(2) the accuracy of VBA’s estimate of the
burden of the proposed collection of
information; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
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Fmt 4703
Sfmt 9990
collection of information on
respondents, including through the use
of automated collection techniques or
the use of other forms of information
technology.
Authority: 38 CFR 21.4252(h).
Title: Advertising, Sales, Enrollment
Materials, and Candidate Handbooks.
OMB Control Number: 2900–0682.
Type of Review: Revision of a
currently approved collection.
Abstract: This notice is replacing the
previous 60-Day Notice, Vol. 86 No. 239
that was published on January 16, 2021.
A Correction Notice was published in
Vol. 87 No. 1 on January 3, 2022. The
statute prohibits approval of the
enrollment of a Veteran in a course if
the educational institution uses
advertising, sales, or enrollment
practices that are erroneous, deceptive,
or misleading either by actual statement,
omission, or intimation. The
advertising, sales and enrollment
materials are reviewed to determine if
the institution is in compliance with
guidelines for approval. VA received
two public comments which questions
the 15-minute length of burden time
needed to gather the information
required for VA review upon
compliance for this ICR. After careful
assessment, VA agrees with the
comments, and have therefore adjusted
the time burden from 15 minutes to 60
minutes accordingly, and as result have
updated the Supporting Statement to
reflect the change.
Affected Public: Individuals and
Households.
Estimated Annual Burden: 5,525
hours.
Estimated Average Burden per
Respondent: 60 minutes.
Frequency of Response: Annually.
Estimated Number of Respondents:
5,525.
By direction of the Secretary.
Maribel Aponte,
VA PRA Clearance Officer, Office of
Enterprise and Integration/Data Governance
Analytics, Department of Veterans Affairs.
[FR Doc. 2022–01148 Filed 1–20–22; 8:45 am]
BILLING CODE 8320–01–P
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]]>Agencies
[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Notices]
[Pages 3385-3388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01169]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Federal Financial Assistance Infrastructure Programs Subject to
the Build America, Buy America Provisions of the Infrastructure
Investment and Jobs Act
AGENCY: Department of the Treasury.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Pursuant to section 70913 of the Infrastructure Investment and
Jobs Act, the Department of the Treasury 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 the programs administered by the
Office of Recovery Programs, contact Brette Fishman, Director, Office
of Grant Policy, Office of Recovery Programs, at
[email protected] or (844) 529-9527.
For further information about the RESTORE Act, Direct Component
program administered by the Office of Gulf Coast Restoration, contact
Maureen Klovers, Program Director, Office of Gulf Coast Restoration at
[email protected] or (844) 529-9527.
SUPPLEMENTARY INFORMATION:
Treasury's Identification of Federal Financial Assistance
Infrastructure Programs Subject to the Build America, Buy America
Provisions of the Infrastructure Investment and Jobs Act
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. In these 60-day reports,
agencies are required to identify and provide a list of which of these
programs are ``deficient,'' as defined in the Act.
In an effort to aid agencies towards compliance with Sections 70913
(Identification of Deficient Programs) and 70914 (Application of Buy
America Preference) of the IIJA, OMB issued 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'' on December 20, 2021. This
memorandum provides criteria that assist agencies in identifying which
programs constitute infrastructure programs and helps them determine if
any of these programs are considered deficient as described in section
70913(c) of the IIJA.
OMB memorandum M-22-08 also informs agencies regarding items that
are required to be contained in the 60-
[[Page 3386]]
day report for each infrastructure program, which includes identifying
all domestic content procurement preferences applicable to the program,
providing details on any preference requirement, and providing a
description of the types of infrastructure project that receive funding
under the program. Additionally, for each program, agencies should
include the number of recipients and the available funds for the
program in each fiscal year.
This report errs on the side of over-inclusiveness, given the
requirement to submit this report at this time. As instructed by OMB,
Treasury has included all programs for which funds may be obligated for
infrastructure under any award. After OMB releases implementation
guidance as outlined in Section 70915 of the IIJA, Treasury will re-
evaluate its identification of agency programs that are subject to
Build America, Buy America requirements.
2. Financial Assistance Programs for Infrastructure
Treasury's main organizational components that provide financial
assistance include: The Internal Revenue Service and the Departmental
Offices (including the Community Development Financial Institutions
Fund and the Office of Recovery Programs (ORP)). Of those components,
based on program analysis, only DO has Federal financial assistance
programs related to infrastructure that merit inclusion in the 60-day
report. This section identifies and describes the active programs
applicable to the IIJA.
2.1 ORP Active Financial Assistance Programs for Infrastructure
Coronavirus State and Local Fiscal Recovery Fund CFDA #
21.027 (SLFRF)--Public Law 117-2. Sections 602 and 603 of the Social
Security Act, as added by section 9901 of the American Rescue Plan Act
(the ARP Act) established the Coronavirus State Fiscal Recovery Fund
and Coronavirus Local Fiscal Recovery Fund respectively (referred to as
the ``Coronavirus State and Local Fiscal Recovery Funds'' or
``SLFRF''). SLFRF provides $350 billion in total funding for Treasury
to make payments to States (defined to include the District of
Columbia), U.S. Territories (defined to include Puerto Rico, U.S.
Virgin Islands, Guam, Northern Mariana Islands, and American Samoa),
Tribes, Metropolitan cities, Counties, Consolidated Governments, and
(through States) Nonentitlement units of local government for eligible
activities outlined in sections 602(c) and 603(c) of the Social
Security Act, and Treasury's implementing regulations, 31 CFR part 35.
Capital Projects Fund CFDA # 21.029 (CPF)--Public Law 117-
2. Title III Section 604 of the ARP Act established the Capital
Projects Fund and provides $10 billion for Treasury to make payments to
States, Tribes, Territories, and Freely Associated States to carry out
critical capital projects that directly enable work, education, and
health monitoring including remote options in response to the public
health emergency with respect to COVID-19.
Homeownership Assistance Fund CFDA # 21.026 (HAF)--Public
Law 117-2. Title III, Subtitle B, Section 3206 of the ARP Act
established the Homeowner Assistance Fund and provides $9.9 billion for
Treasury to make payments to States (defined to include the District of
Columbia, Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana
Islands, and American Samoa), Tribes or tribally designated housing
entities, as applicable, and the Department of Hawaiian Home Lands to
mitigate financial hardships associated with the coronavirus pandemic,
including for the purposes of preventing homeowner mortgage
delinquencies, defaults, foreclosures, loss of utilities or home energy
services, and displacements of homeowners experiencing financial
hardship after January 21, 2020, through qualified expenses related to
mortgages and housing.
2.2 DO Active Financial Assistance Programs for Infrastructure
The Resources and Ecosystems Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE
Act) Direct Component Program, CFDA # 21.015--On July 6, 2012, the
President signed into law the RESTORE Act to respond to the April 20,
2010 Deepwater Horizon Oil Spill in the Gulf of Mexico and the
resulting ecological and economic disaster caused by the explosion on,
and sinking of, the mobile offshore drilling unit Deepwater Horizon.
The RESTORE Act authorized five grant programs to fund programs,
projects, and activities that restore and protect the environment and
economy of the Gulf Coast region. Treasury's Office of Gulf Coast
Restoration administers two of the five grant programs, the Direct
Component and Centers of Excellence Research Grants Programs, which are
listed under a single CFDA number. The RESTORE Act also established the
Gulf Coast Restoration Trust Fund that is funded by eighty percent of
the administrative and civil penalties paid by the responsible parties
pursuant to a court order, negotiated settlement, or other instrument
under section 311 of the Federal Water Pollution Control Act in
connection with the Deepwater Horizon oil spill. The Trust Fund
provides funding for the five federal financial assistance programs
authorized by the RESTORE Act (not appropriated funds). The Direct
Component program provides funding to four Gulf Coast States, twenty-
three Florida counties, and twenty Louisiana parishes, and the Centers
of Excellence Research Grants Program provide funding to five states
for eligible activities outlined in the RESTORE Act and Treasury's
implementing regulations, 31 CFR part 34. The Direct Component Program
funds some infrastructure projects as defined by Section 70912(5) of
the IIJA, but many projects funded by the Direct Component Program are
not for infrastructure. The Centers of Excellence Research Grants
Program does not fund any infrastructure. See Section 3 for further
details.
3. Financial Assistance Infrastructure Programs Deficiency
Determination
Table 3-1 depicts the deficiency status of each Treasury financial
assistance infrastructure program, as it relates to Section 70914 \1\
of the IIJA.
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\1\ Section 70914 of the IIJA provides that, as of May 14, 2022,
none of the funds made available for a Federal financial assistance
program for infrastructure, including each applicable program, 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.
[[Page 3387]]
Table 3-1 Deficiency Determination by Program
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Type of
Domestic content infrastructure # of recipients
Entity Program Deficiency status Reason for procurement projects that receive in FY 19, 20 and FY 19, 20 and 21 total
\2\ deficiency preference funding under the 21 available funding
applicable \3\ program
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ORP....... SLFRF............ Deficient as of 1/ The program is NA............... Recipients have FY 19-FY 20: NAFY FY 19, FY 20: NA.
14/21. deficient with significant 21: 4,921. FY 21:
respect to flexibility on how $350,000,000,000.
Section 70914, to allocate funds,
per item 1 of and projects may
section 70913 include necessary
(see footnote investments in
3). The Program water, sewer, or
does not plan broadband
to issue awards infrastructure; a
after May of broad variety of
2022. investments to
respond to the
public health and
negative economic
impacts of the
pandemic; and a
broad variety of
infrastructure that
might typically be
funded under the
provision of
government services.
CPF.............. Deficient as of 1/ The program is NA............... Recipients have FY 19-FY 20: NA.. FY 19, FY 20: NA.
14/21. deficient with significant FY 21: NA........ FY 21: NA.
respect to flexibility on how
Section 70914, to allocate funds.
per item 1 of We expect some
section 70913 funding to be used
(see footnote for broadband
3). All awards infrastructure
will be issued projects and for
before May construction of
2022, except community centers,
for a subset of and similar
Tribal awards. facilities.
HAF.............. Deficient as of 1/ The program is NA............... Projects include FY 19-FY 20: NA.. FY 19, FY 20: NA.
14/21. deficient with measures to prevent FY 21: 353....... FY 21: $9,961,000,000.
respect to homeowner
Section 70914, displacement, such
per item 1 of as home repairs to
section 70913 maintain the
(see footnote habitability of a
3) The Program home, including the
does not plan reasonable addition
to issue awards of habitable space
after May of to alleviate
2022. overcrowding, or
assistance to enable
households to
receive clear title
to their properties.
DO........ RESTORE Act...... Deficient as of 1/ The program is NA............... The RESTORE Act, FY 19: 11........ FY 19: $129,970,078.64.
14/21. deficient with which authorized the FY 20: 17........ FY 20: $99,265,125.10.
Section 70914, Direct Component FY 21: 14 \4\.... FY 21:
per item 1 of Program, lists $42,585,192.28.\5\
section 70913 eleven eligible
(see footnote 3 project or program
on page 6). purposes, two of
which are
``[i]infrastructure
projects benefitting
the economy or
ecological
resources, including
port
infrastructure'' and
``[c]coastal flood
protection or
related
infrastructure.''.
The Direct Component-
funded projects with
a primary eligible
purpose of
``infrastructure''
vary widely. To
date, these have
included building a
roll-on/roll-off
facility at a port,
wastewater treatment
plants, drinking
water treatment
plants, and roads
and bridges, as well
as the construction
or upgrading of
levees, rock
jetties, and other
flood protection
structures.
Other Direct
Component-funded
projects are not
considered to have a
primary purpose of
infrastructure
because they are
aligned to one of
the nine other
Direct Component
eligible purposes,
even though the
projects may involve
construction. For
example, the
construction of an
aquarium falls under
the Direct Component
eligible purpose of
``[p]promotion of
tourism in the Gulf
Coast Region,
including promotion
of recreational
fishing,'' not an
infrastructure
purpose.
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\2\ As discussed in M-22-08 and pursuant to the IIJA, an
infrastructure program is considered deficient and therefore
inconsistent with section 70914 if: Per section 70913 it does not
require that all of the iron, steel, manufactured products, and
construction materials used in the project are produced in the
United States; it does not issue waivers and written justifications
as specified in section 70914; or (3) it is subject to a waiver of
general applicability.
\3\ Domestic content procurement preferences include the
following: section 313 of title 23, United States Code; section
5323(j) of title 49, United States Code; section 22905(a) of title
49, United States Code; section 50101 of title 49, United States
Code; section 603 of the Federal Water Pollution Control Act (33
U.S.C. 1388); section 1452(a)(4) of the Safe Drinking Water Act (42
U.S.C. 300j-12(a)(4)); section 5035 of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3 3914); any domestic
content procurement preference included in an appropriations Act;
and any other domestic content procurement preference in Federal law
(including regulations). It does not include the Uniform Guidance.
\4\ This is the number of entities receiving new Direct
Component awards in each of the fiscal years indicated. This does
not include entities with active awards received in prior years.
\5\ The figures presented in this column include all new
Treasury RESTORE Act funded obligations for the Direct Component
Program (no Centers of Excellence Program obligations are included
since that program does not fund any infrastructure or
construction). This encompasses obligations related to all new
awards, all monetary amendments, and all closeouts (the latter often
resulting in a deobligation).
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(Authority: Pub. L. No 117-58 (Nov. 15, 2021))
Dated: January 18, 2022.
Marti Adams,
Executive Secretary.
[FR Doc. 2022-01169 Filed 1-20-22; 8:45 am]
BILLING CODE 4810-AK-P
