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Build America, Buy America (BABA) Act

• On November 15, 2021, President Joseph R. Biden Jr. signed into law the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52. The Act strengthens Made in America Laws and will bolster America’s industrial base, protect national security, and support high-paying jobs. The Act requires that no later than May 14, 2022—180 days after the enactment of the IIJA—the head of each covered Federal agency shall ensure that “none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” (Build America, Buy America Act, P.L. 117-58, Secs 70911 – 70917.
• The Office of Management and Budget’s (OMB) Made in America Office released its additional guidance for implementing the Build America, Buy America Act, 2 CFR 184, on August 23, 2023. The new guidance is effective on October 23, 2023.
• On October 25, 2023, the Office of Management and Budget’s (OMB) Made in America Office released its final guidance for implementing the Build America, Buy America Act (pdf) (317.6 KB).

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Request for Information for Water Infrastructure Programs

A Request for Information (RFI) was issued for products used in water infrastructure projects that received federal financial assistance and were subject to the Build America, Buy America Act requirements. EPA, in partnership with the Office of Management and Budget’s Made in America Office and other federal agencies, will use this information to better understand the current domestic supply of products used in drinking water, wastewater and stormwater projects, and agricultural treatment and delivery systems.

The RFI was published in the Federal Register. Comments to the RFI can be viewed at regulations.gov, Docket ID No. EPA-HQ-OW-2023-0396.

• Request for Information Regarding Products and Categories of Products Used in Water Infrastructure Programs (November 2023) (pdf) 

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Office of Water Build America, Buy America Act Implementation Procedures

• EPA is releasing the “Build America, Buy America Act Implementation Procedures for EPA Office of Water Federal Financial Assistance Programs.” The memorandum provides important information to support EPA’s grantees, contractors, and manufacturers in complying with Build America, Buy America. Build America, Buy America, which applies to all federal financial assistance programs, will bolster America’s industrial base, protect national security, and support high-paying jobs.
  • Build America, Buy America Act Implementation Procedures for EPA Office of Water Federal Financial Assistance Programs (November 2022) (pdf) 
• Supplemental Questions and Answers for Build America, Buy America Act Implementation Procedures for EPA Office of Water Federal Financial Assistance Programs (May 2023) (pdf) 

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Office of Land and Emergency Management Build America, Buy America Act Frequently Asked Questions

• Frequently Asked Questions for Build America, Buy America Act for Office of Land and Emergency Management (pdf) 

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Office of Environmental Justice and External Civil Rights Build America, Buy America Act Implementation Procedures

• Build America, Buy America Act (BABA) Implementation Procedures for EPA Office of Environmental Justice and External Civil Rights (OEJECR) Federal Financial Assistance Programs (pdf) 

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Office of Air and Radiation: Climate Pollution Reduction Grants Program Build America, Buy America Act Frequently Asked Questions

• Office of Air and Radiation: Climate Pollution Reduction Grants Program Build America, Buy America Act Frequently Asked Questions (pdf) 

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Build America, Buy America Act – Waiver Authority

• Pursuant to Section 70914(c) of the Build America, Buy America Act, EPA may waive Buy America preference where EPA finds that:
  • Applying the domestic content procurement preference would be inconsistent with the public interest (a “public interest waiver”);
  • Types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality (a “nonavailability waiver”); or
  • Inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent (an “unreasonable cost waiver”).
• See Build America, Buy America Act waivers open for public comment.