ARTBA Reiterates Buy America Concerns in White House Meeting

What happened: In a Jan. 25 meeting with the White House Office of Information and Regulatory Affairs (OIRA), ARTBA urged retention of a decades-long waiver for manufactured products from Buy America requirements on federally-aided highway projects. The Federal Highway Administration (FHWA) is completing a review of the waiver as required by the Infrastructure Investment and Jobs Act, with OIRA taking a final look at any proposed changes before their public release. ARTBA previously submitted comments to FHWA strongly urging retention of this exemption.

Why it matters: ARTBA reiterated that rolling back or repealing the manufactured products waiver would result in a “compliance nightmare.” Contractors would likely be required to determine the origin of countless components comprising manufactured products that are incorporated into projects, certifying that they were made in the United States. Ananth Prasad, president of the Florida Transportation Builders’ Association, referenced the wide variety of products that could fall under this mandate, ranging from reflective pavement markings to pipes and generators. ARTBA also cited a May 2023 industry survey, in which 81 percent of contractors expected a change or repeal of the waiver to impact costs and timeline for project delivery.

What’s next: FHWA is expected to release planned changes to the manufactured products waiver early in the second quarter. ARTBA will continue its advocacy efforts, including collaboration with other national associations to achieve Buy America’s objectives while minimizing any project cost increases or delays. Rich Juliano or Prianka Sharma are the contacts.