8852 Federal Register / Vol. 87, No. 32 / Wednesday, February 16, 2022 / Notices 

Council members are appointed by the 

Secretary. 

Dated: January 31, 2022. 

B. Kaye Hayes, 

Acting Director, Office of Infectious Disease 

and HIV/AIDS Policy, Executive Director, 

Presidential Advisory Council on HIV/AIDS, 

Office of the Assistant Secretary for Health, 

Department of Health and Human Services. 

[FR Doc. 2022–03353 Filed 2–15–22; 8:45 am] 

BILLING CODE 4150–43–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

60-Day Report to Congress on 

Domestic Content Procurement 

Preferences Applicable to Federal 

Financial Assistance 

AGENCY: Assistant Secretary for 

Financial Resources (ASFR), Health and 

Human Services (HHS or the 

Department). 

ACTION: Notice. 

SUMMARY: The Infrastructure Investment 

and Jobs Act (IIJA) requires Federal 

awarding agencies to identify and report 

to Congress each Federal financial 

assistance program for infrastructure 

administered by the Federal awarding 

agency. 

FOR FURTHER INFORMATION CONTACT: 

Johanna Nestor at Johanna.Nestor@

hhs.gov or (202) 631–0420. 

SUPPLEMENTARY INFORMATION: Section 

70913(b) of the IIJA requires that the 

report: 

• Identify all domestic content 

procurement preferences applicable to 

the Federal financial assistance; 

• Assess the applicability of the 

domestic content procurement 

preference requirements, including—(A) 

section 313 of title 23, United States 

Code; (B) section 5323(j) of title 49, 

United States Code; (C) section 22905(a) 

of title 49, United States Code; (D) 

section 50101 of title 49, United States 

Code; (E) section 603 of the Federal 

Water Pollution Control Act (33 U.S.C. 

1388); (F) section 1452(a)(4) of the Safe 

Drinking Water Act (42 U.S.C. 300j– 

12(a)(4)); (G) section 5035 of the Water 

Infrastructure Finance and Innovation 

Act of 2014 (33 U.S.C. 3914); (H) any 

domestic content procurement 

preference included in an 

appropriations Act; and (I) any other 

domestic content procurement 

preference in Federal law (including 

regulations); 

• Provide details on any applicable 

domestic content procurement 

preference requirement, including the 

purpose, scope, applicability, and any 

exceptions and waivers issued under 

the requirement; and, 

• Include a description of the type of 

infrastructure projects that receive 

funding under the program, including 

information relating to— 

Æ the number of entities that are 

participating in the program; 

Æ the amount of Federal funds that 

are made available for the program for 

each fiscal year; and, 

Æ any other information the head of 

the Federal agency determines to be 

relevant. 

In accordance with the Office of 

Management and Budget (OMB) 

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,’’ Federal 

awarding agencies must also include a 

separate notice to each appropriate 

congressional committee, including the 

Committee on Homeland Security and 

Governmental Affairs, the Committee on 

Commerce, Science, and Transportation, 

the Committee on Environment and 

Public Works, the Committee on 

Banking, Housing, and Urban Affairs, 

and the Committee on Armed Services 

of the Senate; and the Committee on 

Oversight and Reform, the Committee 

on Armed Services, and the Committee 

on Transportation and Infrastructure of 

the House of Representatives. 

The following report provides the 

Department of Health and Human 

Services (HHS) initial analysis of its 

programs and the Build America, Buy 

America requirements. 

Background: Title IX of the IIJA, 

entitled ‘‘Build America, Buy America’’ 

(BABA), requires that no later than May 

14, 2022, each Federal awarding agency 

must ensure that none of the funds 

made available for a Federal financial 

assistance program for infrastructure 

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 (absent a waiver 

authorized by statute). Section 70912(5) 

of the IIJA, defines ‘‘infrastructure’’ to 

include at a minimum, the structures, 

facilities, and equipment for, in the 

United States—roads, highways, and 

bridges; public transportation; dams, 

ports, harbors, and other maritime 

facilities; intercity passenger and freight 

railroads; freight and intermodal 

facilities; airports; water systems, 

including drinking water and wastewater systems; electrical transmission 

facilities and systems; utilities; 

broadband infrastructure; and buildings 

and real property. 

Analysis: The financial assistance 

programs funded by HHS focus on 

medical research, health services, and 

essential human services. As part of this 

focus, HHS occasionally provides 

construction support for health centers, 

medical centers, and research facilities. 

The IIJA, through the BABA imposes 

requirements on Federal financial 

assistance for infrastructure projects, 

and focuses on sectors of domestic 

infrastructure beyond the scope of 

HHS’s programs. HHS has determined 

that such construction support is not 

subject to BABA requirements. If it is 

determined on a case-by-case basis that 

the BABA requirements apply to any 

particular Federal financial assistance 

provided by HHS, HHS will evaluate 

whether pursuing a waiver authorized 

by statute is appropriate. 

Historically, most recently in May 

2019, OMB has concurred with HHS’s 

characterization of HHS financial 

assistance programs. On December 20, 

2021, OMB issued to Federal awarding 

agencies, 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.’’ The 

Memorandum provides additional 

implementation instructions, however, 

the Memorandum did not alter HHS’s 

current assessment. Should OMB issue 

additional guidance, HHS will reevaluate the applicability of the BABA 

requirements to our financial assistance 

programs. 

Alice Bettencourt, 

Deputy Assistant Secretary for Grants. 

[FR Doc. 2022–03363 Filed 2–15–22; 8:45 am] 

BILLING CODE 4150–24–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Meeting of the Secretary’s Advisory 

Committee on Human Research 

Protections 

AGENCY: Department of Health and 

Human Services, Office of the Secretary, 

Office of the Assistant Secretary for 

Health. 

ACTION: Notice. 

SUMMARY: Pursuant to Section 10(a) of 

the Federal Advisory Committee Act 

notice is hereby given that the 

Secretary’s Advisory Committee on 

Human Research Protections (SACHRP) 

will hold a meeting that will be open to 

the public. Information about SACHRP, 

the full meeting agenda, and 

instructions for linking to public access 

will be posted on the SACHRP website 


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