Dialogue on Buy America Expansion Continues

What happened: With an expansion of Buy America requirements scheduled to take effect Nov. 10, ARTBA is continuing to share information with the federal officials who are developing related guidance. On July 27, ARTBA members met with officials at the White House Made in America Office to provide insight on the various materials and manufactured products used in transportation construction projects. The U.S. Department of Transportation (U.S. DOT) also published a request for information (RFI) July 28, asking for specific input on construction materials and other components used in projects as it crafts parameters for future Buy America coverage.

Why it matters: The Infrastructure Investment and Jobs Act (IIJA) expanded coverage of Buy America to certain construction materials used in federal-aid highway and transit projects. Buy America requires a domestic manufacturing process for covered items. It has long applied to iron and steel, as well as some manufactured products. The IIJA requires additional coverage of non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; and drywall. (The new law specifically exempts cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives.) Buy America coverage was to take effect May 14, but U.S. DOT delayed that milestone until Nov. 10, with ARTBA’s full support.

White House and U.S. DOT officials are now gathering information on categories of products used in projects. They have particular interest in assessing the availability of domestically-produced materials that would comply with Buy America, and identifying areas where domestic production is currently lacking. ARTBA members and staff met with senior department officials July 13 to discuss related strategies, as well as current challenges in materials costs and availability.

What’s next: ARTBA will respond to U.S. DOT’s RFI with a written submission, and encourages interested chapters and members to do the same by the Aug. 12 deadline. Besides ARTBA’s ongoing communications with federal officials, many state chapters are holding similar dialogues with their respective transportation agencies. Finally, the Federal Highway Administration has invited ARTBA members to join a webinar on the current status of Buy America implementation, Tuesday, Aug. 2, 1-2 p.m., Eastern. Click this Zoom link to join at that time.