PolicyBrief
S. 4393
119th CongressApr 27th 2026
Build America, Buy America Compliance Act
IN COMMITTEE

This Act establishes the Build America, Buy America Compliance Act to strengthen domestic content requirements for federally assisted infrastructure projects and mandates regular reporting on its implementation by federal agencies.

Tammy Baldwin
D

Tammy Baldwin

Senator

WI

LEGISLATION

New Bill Boosts 'Buy America' for Infrastructure, Mandates Agency Reports

Alright, let's talk about something that might actually impact how our roads get built and where those materials come from. We're diving into the Build America, Buy America Compliance Act, which is basically a beefed-up version of the existing Build America, Buy America (BABA) Act. Think of it as Congress saying, “Hey, we meant it the first time, and we’re going to make sure everyone else does too.”

Keeping Our Dollars Home

The core idea here is straightforward: when our tax dollars go into big infrastructure projects—you know, bridges, water pipes, broadband lines—those projects should be using materials and products made right here in the U.S. This bill, specifically in Section 2, lays out Congress's belief that this isn't just a nice idea; it's about creating jobs, strengthening our supply chains (remember those pandemic-era nightmares?), and even boosting national security. Before the BABA Act, a lot of federal money for infrastructure was going out without much thought to where the steel or manufactured parts came from. This bill is a double-down on closing those old loopholes and making sure our money supports our own economy.

No More Sneaky Waivers

One of the big headaches with previous 'Buy America' rules was how easily they could be sidestepped with waivers. Agencies could just say, “Oh, we can’t find this domestically,” and boom, they’d import it. This new bill, again in Section 2, explicitly discourages those broad, sweeping waivers. Instead, it pushes for specific, product-by-product waivers when absolutely necessary due to short-term market limitations. The idea is to make these exceptions transparent and rare, signaling to U.S. manufacturers where there's demand, potentially spurring new domestic production. Plus, all these waivers are supposed to be publicly available on the Made in America Office website, so you and I can actually see who’s getting what exemptions.

Agencies, Show Your Work!

This is where the rubber meets the road for federal agencies. Section 3 of the bill requires every federal agency head to submit a report to the Made in America Office and Congress within 60 days of the Act passing, and then annually after that. This isn't just a quick email; these reports need to detail how they’re implementing the BABA Act. They'll have to list all their infrastructure programs, identify which ones are fully compliant with the 'Buy America' rules, and for those that aren't, they'll need a clear timeline and steps for how they plan to get there. The goal is to move away from those vague, general waivers and toward more specific, project-by-project exceptions. And just to make sure everyone's playing fair, these reports also have to be published in the Federal Register. It's about accountability, plain and simple, ensuring that the spirit of 'Buy America' isn't just a suggestion, but a concrete requirement for how our infrastructure gets built.