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Bill

S 4393

Build America, Buy America Compliance Act

119th Congress Introduced by Tammy Baldwin and 1 co-sponsor

The act requires annual, program-by-program reporting on Buy America implementation and publicly accessible waivers to boost transparency and accelerate domestic sourcing.

Introduced in Senate
0
WeVote Research Nonpartisan
Bill Summary · S 4393

Summary of Bill: Build America, Buy America Compliance Act (S.4393, 119th Congress)

Purpose and intent

  • The bill aims to strengthen transparency and accountability in the implementation of the Build America, Buy America Act (BABA Act; 41 U.S.C. 8301 note; Public Law 117–58).
  • It requires annual reporting by each federal agency head to the Made in America Office and to Congress on how Buy America requirements are being implemented for federally assisted infrastructure programs.
  • It reinforces the policy goal that infrastructure projects funded with federal assistance use materials and products produced in the United States, supporting domestic manufacturing, jobs, and supply chain resilience.

Key provisions

  • Short title

    • Referred to as the “Build America, Buy America Compliance Act.”

  • Sense of Congress

    • Affirms that public works should rely on U.S.-made materials, produced by U.S. businesses and workers.
    • Highlights historical concerns prior to BABA Act enforcement, including gaps, waivers, and loopholes in Buy America coverage.
    • States that the Act strengthens Buy America requirements so all federally assisted infrastructure uses U.S.-made iron/steel, construction materials, and manufactured products.
    • Discourages broad, general waivers that erode Buy America provisions and obscure domestic supply chain vulnerabilities.
    • Allows waivers to address short-term market constraints (e.g., availability or cost) on a justified, ad hoc, product-specific basis, with transparency intended to spur market investment to expand domestic capacity.
    • Requires waivers to be publicly accessible on the Made in America Office website.
    • Calls for enhanced public website completeness and usability.
    • Encourages ongoing identification and closure of loopholes that lead to spending on imported products.

  • Reporting requirement on Buy America implementation

    • Timing: Not later than 60 days after enactment and annually thereafter.
    • For each federal agency, the head must submit a report to the Made in America Office and Congress (and a separate notice to relevant Senate and House committees) with:
    • An updated list of new and existing federal infrastructure financial assistance programs administered by the agency (as described in BABA Act section 70913(a)(1)).
    • Identification of programs for which Buy America section 70914 has been fully implemented.
    • Identification of programs for which Buy America section 70914 has not been fully implemented.
    • For each program fully implementing 70914: description of actions taken to meet requirements and preserve any Buy America policies that meet or exceed 70914 and requirements under 70917.
    • For each program not fully implementing 70914: an anticipated timeline and steps to achieve full implementation, and steps to replace general applicability waivers with ad hoc, project-specific waivers to the maximum extent possible.
    • Publication: The report must be published in the Federal Register.

Who/what is affected

  • Federal agencies administering infrastructure-related financial assistance programs.
  • The Made in America Office (the reporting and transparency point of reference).
  • Congress and its committees with jurisdiction over commerce, environment, public works, banking, transportation, and related infrastructure policy.
  • Contractors, suppliers, and manufacturers that participate in federally funded infrastructure projects (through Buy America requirements and potential waivers).

Procedural and timeline aspects

  • The act emphasizes annual reporting, with the first report due within 60 days after enactment, followed by annual submissions.
  • Reports must include detailed program-by-program status on Buy America implementation and future steps.
  • Waiver transparency is a core feature: all waivers should be publicly accessible on the Made in America Office website.
  • The legislation requires publication of the annual report in the Federal Register, ensuring formal notice and public accessibility.

Potential impact (high-level)

  • Increases transparency around Buy America compliance and the use of waivers.
  • Improves visibility into which federal infrastructure programs fully implement Buy America and which do not.
  • Encourages agencies to accelerate full implementation of Buy America requirements and to rely less on broad waivers in favor of targeted, project-specific waivers where justified.
  • Aims to bolster domestic manufacturing capacity and job creation by signaling market demand for U.S.-made materials and products.

Compiled from official sources — confirm details with the bill’s official record.

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