[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77892-77893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27501]


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DEPARTMENT OF JUSTICE

[Docket No. JMD 156]


Identification of Federal Financial Assistance Infrastructure 
Programs Subject to the Build America, Buy America Provisions of the 
Infrastructure Investment and Jobs Act

AGENCY: Department of Justice.

ACTION: Notice.

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SUMMARY: Pursuant to Section 70913(a) of the Infrastructure Investment 
and Jobs Act and consistent with OMB Memorandum 22-08, Identification 
of Federal Financial Assistance Infrastructure Programs Subject to the 
Build America, Buy America Provisions of the Infrastructure Investment 
and Jobs Act, Federal entities are required to provide the Office of 
Management and Budget (OMB) and Congress a report listing all Federal 
financial assistance programs for infrastructure administered by the 
agency. This report is required to be published in the Federal 
Register. The Department of Justice 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 these 
programs, contact Tara M. Jamison, Director, Office of Acquisition 
Management, Justice Management Division, 145 N Street NE, Room 8W.210, 
Washington, DC 20530, (202) 616-3754 (not a toll-free call).

SUPPLEMENTARY INFORMATION:

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.

2. Financial Assistance Programs for Infrastructure

    There are three components within the Department of Justice (DOJ) 
responsible for Federal financial assistance programs: the Office of 
Justice Programs (OJP); the Office on Violence Against Women (OVW); and 
the Office of Community Oriented Policing Services (COPS Office).
    This report reflects an initial identification of each Federal 
financial assistance program for infrastructure administered by these 
offices and an analysis of associated domestic content procurement 
preferences applicable to the Federal financial assistance. This 
initial analysis is based on the agency's current understanding of 
information contained in the law and the imminent timing requirements 
for reporting. This initial analysis is subject to change upon further 
evaluation. In FY 2022, the following programs for which at least part 
of the funding may potentially be used for a ``project'' for 
``infrastructure'' as those terms are defined by IIJA and OMB M-22-08 
have been identified.
    2.1 OJP's 16.596 Tribal Justice Systems Infrastructure Program 
(TJSIP), which is Purpose Area 4 under the Coordinated Tribal 
Assistance Solicitation (CTAS), assists tribes in developing effective 
strategies to cost effectively renovate, expand, or replace existing 
facilities associated with the incarceration and rehabilitation of 
juvenile and adult justice-involved individuals subject to tribal 
jurisdiction. Generally, the types of projects funded under this 
program do not entail ``infrastructure'' on the scale contemplated by 
the IIJA or OMB M-22-08; however, it remains possible that projects of 
that scope, scale and nature could be funded in the future. Pursuant to 
OMB M-22-08, before applying any Buy America preferences to this 
program, which will directly affect Tribal communities, OJP is 
obligated to follow the consultation policies established through 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, and consistent with policies set forth in the Presidential 
Memorandum of January 26, 2021, on Tribal Consultation and 
Strengthening Nation-to-Nation Relationships to the extent necessary to 
address the exceptional type of infrastructure project described above.
    2.2 OJP's 16.753 Byrne Discretionary Community Project Funding 
distributes

[[Page 77893]]

funding to support projects designated for funding in the Consolidated 
Appropriations Act, 2022 (Pub. L. 117-103) that improve the functioning 
of the criminal justice system, prevent, or combat juvenile 
delinquency, and assist victims of crime (other than compensation). The 
joint explanatory statement accompanying Public Law 117-103 lists the 
designated projects, which is incorporated by reference into the 
Appropriations Act. Thus, the types of projects, which may include 
``infrastructure,'' are determined by the appropriation. To the extent 
that ``infrastructure projects'' may be authorized, OJP will, as it 
becomes legally necessary, impose special conditions on those awards to 
include ``Build America, Buy America''-specific provisions.
    2.3 COPS Office's 16.710 Technology and Equipment Program (TEP) 
distributes funding to support projects designated in the Consolidated 
Appropriations Act, 2022 (Pub. L. 117-103) for law enforcement 
technologies, interoperable communications, and public safety 
equipment. The joint explanatory statement accompanying Public Law 117-
103 lists the designated projects, which is incorporated by reference 
into the Appropriations Act. Thus, the types of projects, which may 
include ``infrastructure,'' are determined by the appropriation. To the 
extent that ``infrastructure projects'' may be authorized, the COPS 
Office will, as it becomes legally necessary, impose special conditions 
on those awards to include ``Build America, Buy America''-specific 
provisions.
    2.4 Table 3-1 Recipients and Funds Awarded, below provides the 
number of entities that are participating in, and the amount of Federal 
funds that have been made available. Shown are the programs for each 
fiscal year, the total number of recipients and federal funds awarded 
under their respective programs, which are not limited solely to 
funding for ``infrastructure projects.'' At the time of this report, 
DOJ is still in the process of making its FY2022 awards and thus, the 
FY2022 figures indicated above may not be final.

                                                         Table 3-1--Recipients and Funds Awarded
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                                                                       Number of recipients                            Federal funds awarded
                   Assistance listing                    -----------------------------------------------------------------------------------------------
                                                              FY2020          FY2021          FY2022          FY2020          FY2021          FY2022
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16.596 [TJSIP]..........................................               9               9               0      $8,768,582      $8,067,424              $0
16.753 [Byrne Discretionary]............................               0               0             202               0               0     153,147,000
16.710 [TEP]............................................               0               0             121               0               0     111,744,000
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    Consistent with Public Law 117-58, 135 Stat. 429, 1295, no 
``domestic content procurement preference'' as defined by Section 
70912(2), set forth in Section 70913(b)(2), or consistent with Section 
70914 applies to DOJ's programs. All DOJ awards administered by the 
above-mentioned offices encourage non-Federal entities, pursuant to 2 
CFR 200.322, to 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) to the greatest extent practicable under the 
Federal award and as appropriate and consistent with law.
    2.5 DOJ has reviewed its Federal financial assistance programs and 
has determined that it does not administer any financial assistance 
programs for infrastructure as defined under the Act. Nor were any 
deficient programs, as defined under the Act, identified. This 
information has been reported to Congress and OMB as required by the 
Act.

     Dated: December 14, 2022.
Tara M. Jamison,
Director, Office of Acquisition Management, Justice Management 
Division.
[FR Doc. 2022-27501 Filed 12-19-22; 8:45 am]
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