We’ve got a good one on the books. Now it’s time to improve it. Here are the action items for Congress and the Trump administration.
Thanks to our nation’s Buy America laws, the products and materials that comprise the backbone of our country’s public works infrastructure are manufactured by America’s workers. And to make sure that it stays that way, both President Trump and bipartisan supporters in Congress have worked in recent years to expand coverage and close loopholes that were allowing billions of taxpayer dollars to be directed to infrastructure projects that relied on foreign products and materials.
Here’s a quick recap.
During his first term in the Oval Office, President Trump issued a series of executive orders that identified deficiencies in our existing domestic content sourcing laws. These actions shifted the trajectory on Buy America policy, prompting Congress to enact the 2021 Build America, Buy America (BABA) Act that effectively codified Trump’s plan to apply Buy America rules across all federal departments and expand coverage to all materials and products. This effort even had the backing of President Biden, and was advanced by longtime Buy America champions such as Sen. Tammy Baldwin (D-WI) and Rep. John Garamendi (D-CA).
The BABA law has been a profound success, but more than three years have passed and there are opportunities to improve its implementation. For instance, departments delayed the law and issued too many broad waivers rather than targeted ones. In some cases, departments even tried to weaken the existing Buy America laws that Trump, Biden, and Congress all sought to strengthen in the first place. To make sure that our infrastructure projects continue to rely on products and materials made here at home by America’s workers, here are three actions that the president and Congress can each take to strengthen Buy America policies.
The Administration
President Trump has returned to the Oval Office with unfinished business on strengthening Buy America policies applied to infrastructure projects. Thanks to the 2021 BABA law that codifies his first term executive orders, he now has the tools necessary to close loopholes and ensure that more projects rely on products and materials that are made in America.
- Address “Deficient Programs” and Close Loopholes. Our trade deficit surged to a record high in March as importers stockpiled foreign products ahead of tariffs taking effect. It is more important now than ever before that Buy America laws are being carefully enforced, as these massive inventories will undercut efforts to expand domestic production.
- Focus on More Targeted Waivers. It should not be a surprise that after decades of deindustrialization, Buy America waivers are necessary. But it is critical that they not be abused. Departments should shift away from using general waivers that are broadly applied and instead rely on ad hoc, product-specific waivers. Targeted waivers accurately identify supply chain gaps and, in doing so, create powerful market signals that induce companies to confidently make U.S. factory investments.
- Create Greater Efficiencies in the Waiver Process. Departments and the Office of Management and Budget’s Made in America Office should scrutinize waiver requests. However, it is also important that the waiver process operate efficiently and avoid unnecessary delays where there is a need. After all, the issuance of ad hoc, project-specific waivers is actually an indication that our Buy America laws are being effectively administered.
Congress
With the enactment of BABA, Congress has already done its heavy lifting on Buy America policy. Therefore, it will be important for members on both sides of the aisle to push back on shortsighted attempts to weaken Buy America.
- Keep Buy America Strong for Highway Programs. As key committees work on a highway bill ahead of a 2026 deadline, Congress should scrutinize unnecessary legislative proposals being advanced that could erode BABA. Congress has already given departments the tools necessary to close loopholes or to address implementation issues. Even seemingly innocuous proposals could be damaging to Buy America.
- Support Supplier Scouting. With decades of experience working with small- and medium-sized manufacturers, the Manufacturing Extension Partnership (MEP) is well-positioned to identify domestic manufacturers ready to supply American-made materials and products necessary for infrastructure projects. Congress already directed departments to collaborate with MEP, but continued funding is necessary for MEP to carry out this important initiative.
- Federal Role in U.S. Infrastructure. Congress should ensure that the federal government continues to play a leading role in funding U.S. infrastructure projects. Proposals that shift the funding burden to states effectively undermine Buy America, creating new opportunities for foreign products to penetrate our markets.
Strong Buy America laws create jobs, incentivize new factory investments, and keep our nation strong. And this is a rare issue where voters of all political backgrounds agree, with 83 percent of voters agreeing that projects should use American-made inputs. It is no surprise, then, that Congressional Republicans and Democrats as well as President Trump are all moving in the same direction to ensure that America’s workers continue to make the products and materials that go into our public works infrastructure. It is critical that they do, so that Buy America’s benefits to the national economy are realized.