ARTBA, Allies Urge White House to Improve Buy America Procedures

What happened: ARTBA and three allied trade associations pressed the White House Feb. 15 to fix the “opaque and unbalanced implementation” of Buy America requirements for construction products and materials, saying the burdensome and costly process is risking delays in vital transportation, housing, and water infrastructure projects financed by 2021’s Infrastructure Investment and Jobs Act. Joining ARTBA in the petition are the American Public Transportation Association, the Associated General Contractors of America, and the National Association of Home Builders.

Why it matters: The infrastructure law includes the Build America, Buy America Act, which reaffirms the longstanding requirement for domestic iron, steel and manufactured products on federal-aid highway and transit projects, while adding several construction materials to the list. The petition details how the White House Office of Management and Budget (OMB) is now “managing virtually every aspect of the Build America, Buy America Act requirements,” which “causes confusion and delay with federal agencies that fund construction projects.” ARTBA and its allies contend that OMB should empower agencies like the Federal Highway and Transit Administrations to draw on decades of Buy America experience and implement these details.

What’s next: The petition asks for a new Buy America rulemaking under the Administrative Procedure Act and a request under the Paperwork Reduction Act to review the way the Biden administration evaluates Buy America waivers. “OMB needs to change course and foster a deliberative, data-driven implementation process that not only prioritizes domestic manufacturing but also provides adequate consideration for the timely and successful delivery of essential infrastructure projects,” the groups said. “Failure to act will result in the IIJA’s inability to fulfill its infrastructure promise to the American people.”

At a hearing on Buy America implementation Feb. 15 before the House Highways and Transit Subcommittee, ARTBA submitted a statement summarizing several concerns and priorities relating to Buy America implementation. Members with questions or comments, contact Rich Juliano.