Build America, Buy America (BABA) Overview
On this page:
- Build America, Buy America (BABA) Act
- Guidance from the Office of Management and Budget
- What is considered infrastructure?
- Build America, Buy America Act - Waiver Authority
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 ("BABA"). Pub. L. No. 117-58, §§ 70901-52.
- BABA requirements for iron, steel, manufactured products, and construction materials bolster domestic manufacturing, build more resilient supply chains, and support good-paying American jobs.
- BABA requires that 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."
Guidance from the Office of Management and Budget
What is considered infrastructure?
2 CFR 184.4(c): "Infrastructure encompasses public infrastructure projects in the United States, which includes, at a minimum, the structures, facilities, and equipment for
- roads, highways, and bridges;
- public transportation;
- dams, ports, harbors, and other maritime facilities;
- intercity passenger and freight railroads;
- freight and intermodal facilities; airports;
- water systems, including drinking water and wastewater systems;
- electrical transmission facilities and systems;
- utilities;
- broadband infrastructure; and
- buildings and real property;
- and structures, facilities, and equipment that generate, transport, and distribute energy including electric vehicle (EV) charging."
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.
- See Build America, Buy America waivers that have been approved.
For questions regarding the Build America, Buy America (BABA) Act, email EPA_BABA_Waiver@epa.gov.
For questions related to a specific program, email contact information is available on the EPA Programs page.
See related information regarding American Iron and Steel Requirement.
If fraud, waste, abuse or any violation of the law is suspected, the Office of Inspector General (OIG) should be contacted immediately. The OIG can be reached at 1-888-546-8740 or OIG_Hotline@epa.gov. More information can be found at the OIG Hotline website.