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OMB Control No: 1894-0022	ICR Reference No: 202401-1894-001
Status: Active	Previous ICR Reference No:
Agency/Subagency: ED/OS	Agency Tracking No: ED-2024-SCC-0015
Title: U.S. Department of Education Build America, Buy America Act (BABAA) Data Collection
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/06/2024
	Date Received in OIRA: 04/04/2024
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2027	36 Months From Approved
Responses	470	0	0
Time Burden (Hours)	4,700	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 70901-70953) (BABAA), grantees funded under Department of Education (the Department) programs that allow funds to be used for infrastructure projects (infrastructure programs), i.e., construction and broadband infrastructure, may not use their grant funds for these infrastructure projects or activities unless they comply with the following BABAA sourcing requirements: 1. All iron and steel used in the infrastructure project or activity are produced in the United States. 2. All manufactured products used in the infrastructure project or activity are produced in the United States. 3. All construction materials are manufactured in the United States. The Department may, in accordance with sections 70914(b) and (d), 70921(b), 70935, and 70937 of BABAA, and the Office of Management and Budget Memorandum M 24-02, Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, approve waivers to BABAA sourcing requirements under programs it has identified as infrastructure programs when it determines that exceptions to these requirements apply. The Department may approve these waivers, subject to notice and comment requirements and the Office of Management and Budget Made in America Office (MIAO) review. The information submitted by grantees using the BABAA Data Collection Form will be used by the Department to track the type of waivers (i.e., agency level waivers or approved grantee waivers) implemented by grantees. The data may also be used for reporting purposes.

Authorizing Statute(s): PL: Pub.L. 117 - 58 70901 - 70953 Name of Law: Build America Buy America Act

Citations for New Statutory Requirements: PL: Pub.L. 117 - 58 70901 - 70953 Name of Law: Build America Buy America Act

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 4931	01/25/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 23592	04/04/2024
Did the Agency receive public comments on this ICR? Yes

ICR Summary of Burden

	Total Approved	Change Due to New Statute	Change Due to Agency Discretion
Annual Number of Responses	470	400	70
Annual Time Burden (Hours)	4,700	4,000	700
Annual Cost Burden (Dollars)	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: This is a new information collection, therefore all burden is new. This results in a program change increase in burden and responses of 4,700 hours and 470 responses.

Annual Cost to Federal Government: $0

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: Cleveland Knight 202 987-0064 cleveland.knight@ed.gov

View ICR - OIRA Conclusion