View Information Collection Request (ICR) Package
Skip to main content
An official website of the United States government
The .gov means it's official.
Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site.
The site is secure.
The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.
Search:
Agenda
Reg Review
ICR
This script is used to control the display of information in this page.
Display additional information by clicking on the following:
All
Brief and OIRA conclusion
Abstract/Justification
Legal Statutes
Rulemaking
FR Notices/Comments
IC List
Burden
Misc.
Common Form Info.
Certification
View Information Collection (IC) List
View Supporting Statement and Other Documents
Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
0505-0028
ICR Reference No:
202301-0505-003
Status:
Historical Active
Previous ICR Reference No:
Agency/Subagency:
USDA/OCFO
Agency Tracking No:
Title:
Build America, Buy America Waiver Data CollectionCommon Forms
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
Yes
Type of Review Request:
Emergency
Approval Requested By:
01/31/2023
OIRA Conclusion Action:
Approved without change
Conclusion Date:
02/01/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/25/2023
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
08/31/2023
6 Months From Approved
Responses
1
0
0
Time Burden (Hours)
6
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
In accordance with section 70914 of the Build America Buy America Act (Pub. L. No. 117-58 §§ 70901-70952) (BABAA), recipients and subrecipients funded under USDA agencies and staff offices Federal financial assistance programs that allow funds to be used for infrastructure projects (infrastructure programs), i.e., construction and broadband infrastructure, may not use their funds for these infrastructure projects unless they comply with the following BABAA sourcing requirements: 1. All iron and steel used in the project are produced in the United States. 2. All manufactured products used in the project are produced in the United States. 3. All construction materials are manufactured in the United States. USDA agencies and staff offices may, in accordance with sections 70914(b) and (d), 70921(b), and 70935 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 recipients and subrecipients under a Federal financial assistance program it has identified as an infrastructure project, regardless of whether infrastructure is the primary purpose of the award.
Emergency Justfication:
USDA is requesting emergency approval by January 31, 2023, to start accepting the BABA Waiver Request Data Collection from recipients and subrecipients. This information collection will assist recipients who need a waiver from the Buy America requirements to be able to execute their awards. This information collection is needed quickly as there are projects that have not been obligated, pending this collection. This information collection will keep projects moving and prevent immediate delays to critically important infrastructure projects. USDA seeks to employ a standard waiver data collection to ensure uniformity across programs and improve the customer experience by standardizing the USDA waiver request process.
Authorizing Statute(s):
PL:
Pub.L. 117 - 58 70901-52
Name of Law: Build America Buy America Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
BUILD AMERICA BUY AMERICA WAIVER REQUEST DATA COLLECTION
N/A
BUILD AMERICA BUY AMERICA WAIVER REQUEST DATA COLLECTION
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
1
0
0
1
0
0
Annual Time Burden (Hours)
6
0
0
6
0
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
There is no increase n burden as this is a new collection
Annual Cost to Federal Government:
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Levi Harrell 202 212-3968 levi.harrell@fema.dhs.gov
Common Form ICR:
Yes
Description/Changes for Common Form Usage:
This common form will provide the ability to effectively approve waiver requests for recipients and subrecipients in accordance with the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America Buy America Act (Pub. L. No. 117-58 §§ 70901-52) and OMB Memorandum M-22-11 “Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure.”
Approved RCFs using this ICR
Agency/Sub Agency
RCF ID
RCF Title
RCF Status
IC Title
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
01/25/2023
An official website of the United States government
The .gov means it's official.
The site is secure.
