Coalition Urges Improvements to Build America, Buy America Act

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A coalition of four national trade associations has called on the White House to enhance the implementation of the “made in America” requirement for construction products and materials. The American Public Transportation Association (APTA), the American Road & Transportation Builders Association (ARTBA), the Associated General Contractors of America (AGCA), and the National Association of Home Builders (NAHB) have expressed concerns about the current approach to these requirements. Their request aims to address the issues they face when dealing with the White House Office of Management and Budget (OMB) in a manner that is transparent and balanced.

These trade organizations have experienced difficulties that may lead to delays and increased costs for housing, transportation, and water infrastructure projects across the country. The Bipartisan Infrastructure Law encompasses these projects.

The Build America, Buy America Act, which was enacted in 2021 as part of this law, expands the preference for domestic products and services in construction projects involving federal funding. The coalition supports the Act’s objective of strengthening domestic manufacturing. However, they argue that the OMB’s comprehensive control over every aspect of the Act’s requirements can be impractical, leading to confusion and delays for federal agencies involved in funding construction projects.

One area of concern is the waiver process that allows exceptions to the Buy America provisions when domestic products are unavailable or significantly more expensive. The OMB must review waiver requests made to federal agencies, a process that is often lengthy and unpredictable. The coalition is advocating for a more efficient waiver process, emphasizing the need for timely and transparent waivers.

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To address these concerns, the coalition has proposed a depoliticized waiver process that treats all requests equally and transparently. They are urging the OMB to adopt a deliberative, data-driven implementation approach that prioritizes domestic manufacturing while ensuring the successful delivery of essential infrastructure projects on time. Failure to take action could jeopardize the ability of the Infrastructure Investment and Jobs Act (IIJA) to fulfill its promise to the American people.

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