[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4393 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4393
To require the head of each Federal agency to submit to the Made in
America Office and to Congress an annual report on the implementation
of the Build America, Buy America Act that identifies each new and
existing Federal financial assistance program for infrastructure that
has and has not fully implemented Buy America preference requirements
under that Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2026
Ms. Baldwin (for herself and Mr. Banks) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To require the head of each Federal agency to submit to the Made in
America Office and to Congress an annual report on the implementation
of the Build America, Buy America Act that identifies each new and
existing Federal financial assistance program for infrastructure that
has and has not fully implemented Buy America preference requirements
under that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Build America, Buy America
Compliance Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) public works infrastructure projects should utilize
materials and products produced in the United States by United
States businesses and United States workers to create jobs,
strengthen supply chains, and enhance our national security, as
intended by the enactment of the Build America, Buy America Act
(41 U.S.C. 8301 note; Public Law 117-58) (referred to in this
section as the ``BABA Act'');
(2) before the date of enactment of the BABA Act--
(A) significant shares of taxpayer-financed
infrastructure spending occurred without regard to the
origin of the materials and products acquired for
public use; and
(B) domestic content procurement preferences
(referred to in this section as ``Buy America laws'')
applied to federally assisted infrastructure projects
were limited in their programmatic and product
coverage, eroded by waivers, and narrowed by loopholes;
(3) the BABA Act strengthens Buy America laws in the United
States, ensuring that all federally assisted infrastructure
projects are constructed using iron and steel, construction
materials, and manufactured products produced in the United
States;
(4) the BABA Act discourages the issuance of general
applicability waivers that erode Buy America laws, reduce
visibility into domestic supply chain vulnerabilities, and
eliminate opportunities for United States businesses and United
States workers to produce materials and products used in
taxpayer-funded infrastructure;
(5) the BABA Act authorizes Federal agencies to issue a
waiver to a Buy America law to overcome short-term market
limitations, such as availability or cost as specified in
section 70914(b) of that Act, and when justified, Federal
agencies should issue ad hoc, product-specific waivers to
ensure projects proceed without delay and with full
transparency in order to signal market demand and trigger new
capital investments to expand domestic manufacturing
capacities;
(6) all waivers to Buy America laws should be publicly
accessible on the website of the Made in America Office
established under section 70923(a) of the BABA Act;
(7) the Administrator of General Services should take
additional steps to ensure that the public website required
under section 70936 of the BABA Act is complete and readily
available for public use; and
(8) Congress should continue to work with Federal agencies
to identify and close loopholes to existing Buy America laws
that result in taxpayer dollars being spent on imported
products and materials to complete federally assisted
infrastructure projects.
SEC. 3. REPORT ON IMPLEMENTATION OF BUY AMERICA PREFERENCE.
Not later than 60 days after the date of enactment of this Act and
annually thereafter, the head of each Federal agency shall--
(1) submit to the Made in America Office and to Congress,
including a separate notice to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Environment and Public Works of the Senate, the Committee on
Banking, Housing, and Urban Affairs of the Senate, the
Committee on Transportation and Infrastructure of the House of
Representatives, and any other committees of jurisdiction, a
report on the implementation of the Build America, Buy America
Act (41 U.S.C. 8301 note; Public Law 117-58) that--
(A) includes an updated list of new and existing
Federal financial assistance programs for
infrastructure administered by the Federal agency as
described in section 70913(a)(1) of that Act;
(B) identifies each Federal financial assistance
program for infrastructure administered by the Federal
agency for which the Federal agency has fully
implemented section 70914 of that Act;
(C) identifies each Federal financial assistance
program for infrastructure administered by the Federal
agency for which the Federal agency has not fully
implemented section 70914 of that Act;
(D) for each program identified under subparagraph
(B), describes all actions taken by the Federal agency
to meet the requirements of section 70914 of that Act
and to preserve any existing Buy America laws,
policies, or regulations that meet or exceed the
requirements of section 70914 of that Act as required
by section 70917 of that Act; and
(E) for each program identified under subparagraph
(C), includes an anticipated timeline and the steps
that will be taken by the Federal agency--
(i) to achieve full implementation of
section 70914 of that Act; and
(ii) to replace the use of general
applicability waivers with ad hoc, project-
specific waivers to the maximum extent
possible; and
(2) publish in the Federal Register the report under
paragraph (1).
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