S. 4393

[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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