A group of national trade associations has appealed to the White House, seeking improvements in the execution of the "made in America" stipulations for construction materials and products. The coalition expressed difficulties in navigating what they termed as the "opaque and unbalanced implementation" by the White House Office of Management and Budget (OMB).
According to a press release from the American Road & Transportation Builders Association (ARTBA), the coalition, which includes ARTBA, the American Public Transportation Association, the Associated General Contractors Association of America, and the National Association of Home Builders, submitted a formal petition for new rulemaking under the Administrative Procedures Act. They also filed a request under the Paperwork Reduction Act to review how Buy America waivers are collected by the administration.
The ARTBA press release states that the Build America, Buy America Act—enacted in 2021 as part of the Infrastructure Investment and Jobs Act 2021—extended domestic preference requirements to construction projects funded with taxpayer dollars. However, members of associations within this coalition have encountered issues leading to delays and increased costs for essential housing, transportation, and water infrastructure projects funded by the Infrastructure Investment & Jobs Act.
The press release highlighted one particular problem: The waiver review process when American-made materials are either unavailable or too costly. Despite an expected completion timeline of approximately two weeks for this review process, bureaucratic red tape has extended it to several months for some projects. "Such uncertainty with the waiver process threatens project delays, cost increases, and even project cancellations," stated ARTBA.
In their communication with the White House, the coalition voiced its full support for strengthening domestic manufacturing—the core purpose of the Act. However, they criticized OMB's approach to managing virtually every aspect of Build America, Buy America Act requirements as impractical and a source of confusion and delay for federal agencies funding construction projects.
