Report to Congress Identifying all Federal Financial Assistance Programs for Infrastructure Administered by the Department of Education, 15210-15212 [2022-05658]
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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Notices
written comments should be captioned,
‘‘Agenda and Priorities FY 2023 and/or
2024,’’ and sent by electronic mail
(email) to: cpsc-os@cpsc.gov. Requests
to make oral presentations and the
written text of any oral presentations
must be received by the Division of the
Secretariat not later than 5 p.m. Eastern
Daylight Time (EDT) on March 30, 2022.
The Commission will accept written
comments as well. These also must be
received by the Division of the
Secretariat not later than 5 p.m. EDT on
March 30, 2022.
FOR FURTHER INFORMATION CONTACT: For
information about the hearing, or to
request an opportunity to make an oral
presentation, please send an email to
Alberta E. Mills, Division of the
Secretariat, U.S. Consumer Product
Safety Commission at cpsc-os@cpsc.gov.
An electronic copy of the CPSC’s
Strategic Plan can be found at:
www.cpsc.gov/about-cpsc/agencyreports/performance-and-budget.
SUPPLEMENTARY INFORMATION:
I. Background
Section 4(j) of the Consumer Product
Safety Act (CPSA) (15 U.S.C. 2053(j))
requires the Commission to establish an
agenda for action under the laws the
Commission administers, and to the
extent feasible, select priorities for
action at least 30 days before the
beginning of each fiscal year. Section
4(j) of the CPSA provides further that
before establishing its agenda and
priorities, the Commission shall
conduct a public hearing and provide an
opportunity for the submission of
comments.1
khammond on DSKJM1Z7X2PROD with NOTICES
II. Registration for CPSC Webinar
The public hearing will be held on
April 27, 2022, at 10:00 a.m. EDT via
CPSC Webinar. All attendees should
pre-register for the Webinar. To preregister for the Webinar, please visit
https://attendee.gotowebinar.com/
register/5493266066878024208 and fill
in the information. After registering you
will receive a confirmation email
containing information about joining the
webinar. Detailed instructions for the
hearing participants and other
interested parties will be made available
on the CPSC website on the public
calendar: https://www.cpsc.gov/
Newsroom/Public-Calendar.
III. Oral Presentations and Submission
of Written Comments
The Commission is preparing the
agency’s fiscal year 2023 Operating Plan
and fiscal year 2024 Congressional
1 The Commission voted 4–0 to approve this
notice.
VerDate Sep<11>2014
17:38 Mar 16, 2022
Jkt 256001
Budget Request. Fiscal year 2023 begins
on October 1, 2022, and fiscal year 2024
begins on October 1, 2023. Through this
notice, the Commission invites the
public to comment on the Commission’s
agenda and priorities that will be
established in the fiscal year 2023
Operating Plan and the fiscal year 2024
Congressional Budget.
Persons who desire to make oral
presentations at the hearing on April 27,
2022 should send an email to Alberta E.
Mills, Division of the Secretariat, U.S.
Consumer Product Safety Commission
at cpsc-os@cpsc.gov not later than 5
p.m. EDT on March 30, 2022. Texts of
the oral presentation should be
captioned ‘‘Agenda and Priorities FY
2023, and/or 2024’’ and must be
received not later than 5 p.m. EDT on
March 30, 2022. Oral presentations
should be limited to approximately 10
minutes. The Commission reserves the
right to impose further time limitations
on all presentations and other
restrictions.
If you do not want to make an oral
presentation, but would like to provide
written comments, you may do so.
Written comments should be captioned,
‘‘Agenda and Priorities FY 2023 and/or
2024,’’ and sent to Alberta E. Mills,
Division of the Secretariat, U.S.
Consumer Product Safety Commission
at cpsc-os@cpsc.gov not later than 5
p.m. EDT on March 30, 2022. There is
no length restriction for written
comments.
Alberta E. Mills,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2022–05637 Filed 3–16–22; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF EDUCATION
Report to Congress Identifying all
Federal Financial Assistance Programs
for Infrastructure Administered by the
Department of Education
Office of Finance and
Operations, Department of Education.
ACTION: Notice.
AGENCY:
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
SUMMARY:
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
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: Phillip.Juengst@ed.gov.
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.
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
www.govinfo.gov. 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 www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
SUPPLEMENTARY INFORMATION:
E:\FR\FM\17MRN1.SGM
17MRN1
Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Notices
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
khammond on DSKJM1Z7X2PROD with NOTICES
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
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Jkt 256001
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
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15211
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).
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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Notices
EXHIBIT 1—OESE
Program title
ALN
Impact Aid Program, Discretionary Construction Program ..................................................................................
Per Pupil Facilities Program .................................................................................................................................
Charter Schools Program Grants for Credit Enhancement for Charter School Facilities ...................................
Alaska Native Education .......................................................................................................................................
Education of Native Hawaiians .............................................................................................................................
Education Stabilization Fund Allocation for Outlying Areas .................................................................................
Governors Emergency Education Relief Fund .....................................................................................................
Elementary and Secondary School Emergency Relief Fund ...............................................................................
Governors Education Stabilization Fund Allocation for Outlying Areas ...............................................................
American Rescue Plan—Elementary and Secondary Schools Emergency Relief Fund (ARP–ESSER) ...........
American Rescue Plan—Outlying Areas SEA (ARP–OA SEA) ...........................................................................
84.041C
84.282D
84.354A
84.356A
84.362A
84.425A
84.425C
84.425D
84.425H
84.425U
84.425X
Award type
Discretionary.
Discretionary.
Discretionary.
Discretionary.
Discretionary.
Formula.
Formula.
Formula.
Formula.
Formula.
Formula.
EXHIBIT 2—OPE
Program title
ALN
Strengthening Institutions Program (SIP) .............................................................................................................
Historically Black Colleges and Universities Program .........................................................................................
American Indian Tribally Controlled Colleges and Universities (Part F) ..............................................................
Historically Black Colleges and Universities Program (FUTURE Act) .................................................................
Strengthening Institutions Program (SIP) .............................................................................................................
Strengthening Historically Black Graduate Institutions Program .........................................................................
Promoting Postbaccalaureate Opportunities for Hispanic Americans Program ..................................................
Predominantly Black Institutions Program—Formula Grants ...............................................................................
Developing Hispanic-Serving Institutions Program ..............................................................................................
American Indian Tribally Controlled Colleges and Universities ...........................................................................
Asian American and Native American Pacific Islander-Serving Institutions Program .........................................
Historically Black Colleges and Universities (Graduate) ......................................................................................
Howard University (Academic) .............................................................................................................................
Howard University (Hospital) ................................................................................................................................
84.031A
84.031B
84.031D
84.031E
84.031F
84.031K
84.031M
84.031P
84.031S
84.031T
84.382B
84.382G
84.915A
84.915B
Award type
Discretionary.
Discretionary.
Discretionary.
Discretionary.
Discretionary.
Discretionary.
Discretionary.
Discretionary.
Discretionary.
Discretionary.
Discretionary.
Discretionary.
Formula.
Formula.
EXHIBIT 3—OSERS
Program title
ALN
State Grants—B (611) ..........................................................................................................................................
Individuals with Disabilities Education Act/American Rescue Plan Act of 2021 (ARP) .......................................
State Vocational Rehabilitation Services (VR) .....................................................................................................
STATE GRANT—B PRESCHOOL (619) .............................................................................................................
Individuals with Disabilities Education Act/American Rescue Plan Act of 2021 (ARP) .......................................
INFANT & TODDLERS/FAMILIES (PART C) ......................................................................................................
Individuals with Disabilities Education Act/American Rescue Plan Act of 2021 (ARP) .......................................
Helen Keller National Center ................................................................................................................................
National Technical Institute for the Deaf (NTID) ..................................................................................................
NTID Endowment Program ..................................................................................................................................
NTID COVID .........................................................................................................................................................
Gallaudet University ..............................................................................................................................................
Gallaudet COVID Relief ........................................................................................................................................
The Department of Education’s mission is
to promote student achievement and
preparation for global competitiveness by
fostering educational excellence and
ensuring equal access. www.ed.gov
[FR Doc. 2022–05658 Filed 3–16–22; 8:45 am]
khammond on DSKJM1Z7X2PROD with NOTICES
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
[Docket No. ED–2021–SCC–0137]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Comment Request;
Project To Support America’s Families
and Educators (Project SAFE) Grant
Application
Office of Elementary and
Secondary Education (OESE),
Department of Education (ED).
AGENCY:
ACTION:
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17:38 Mar 16, 2022
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Notice.
Frm 00022
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84.027A
84.027X
84.126A
84.173A
84.173X
84.181A
84.181X
84.904A
84.908A
84.908B
84.908D
84.910A
84.910B
Award type
Formula.
Formula.
Formula.
Formula.
Formula.
Formula.
Formula.
Discretionary.
Formula.
Formula.
Formula.
Formula.
Formula.
In accordance with the
Paperwork Reduction Act of 1995, ED is
proposing an extension without change
of a currently approved collection.
DATES: Interested persons are invited to
submit comments on or before April 18,
2022.
ADDRESSES: Written comments and
recommendations for proposed
information collection requests should
be sent within 30 days of publication of
this notice to www.reginfo.gov/public/
do/PRAMain. Find this information
collection request by selecting
‘‘Department of Education’’ under
‘‘Currently Under Review,’’ then check
‘‘Only Show ICR for Public Comment’’
SUMMARY:
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]]>Agencies
[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Notices]
[Pages 15210-15212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05658]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: [email protected].
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 www.govinfo.gov. 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
www.federalregister.gov. 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
------------------------------------------------------------------------
Program title ALN Award type
------------------------------------------------------------------------
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).
------------------------------------------------------------------------
Exhibit 2--OPE
------------------------------------------------------------------------
Program title ALN Award type
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
The Department of Education's mission is to promote student
achievement and preparation for global competitiveness by fostering
educational excellence and ensuring equal access. www.ed.gov
[FR Doc. 2022-05658 Filed 3-16-22; 8:45 am]
BILLING CODE 4000-01-P
