US Federal 2025-2026 Regular Session

US Federal Senate Bill SB4393

Introduced
 
Introduced
4/27/26  

Caption

Build America, Buy America Compliance Act

Summary

The Build America, Buy America Compliance Act would require each federal agency to submit an annual report to the Made in America Office and Congress on how it is implementing the Build America, Buy America Act (BABA). Within 60 days of enactment, and every year afterward, agencies would have to identify all new and existing infrastructure-related federal financial assistance programs, specify which programs have fully implemented BABA’s domestic content requirements, and identify which have not. For programs that are fully compliant, agencies would need to describe the steps taken to meet BABA and preserve any stronger existing Buy America rules. For programs that are not yet fully compliant, agencies would need to provide a timeline and explain how they will reach full implementation and move away from broad, general waivers toward project-specific waivers. The bill also includes a sense of Congress stating that federally funded infrastructure should use U.S.-produced materials and products to support domestic jobs, supply chains, and national security. It emphasizes that waivers should be transparent, publicly posted, and limited to short-term market constraints, and it calls for continued efforts to close loopholes that allow imported materials to be used in taxpayer-funded projects. The bill would require the reports to be sent not only to Congress and the Made in America Office, but also published in the Federal Register. Its main legal effect would be to add a reporting and transparency layer to the existing Build America, Buy America framework rather than creating a new domestic content mandate. It would push federal agencies to inventory covered infrastructure programs, document compliance status, and explain any gaps in implementation under 41 U.S.C. 8301 note, especially section 70914 on domestic preference requirements and section 70917 on preserving stronger existing rules. The bill would also increase oversight of waiver use and could pressure agencies to accelerate full BABA implementation across infrastructure grant and assistance programs. The general sentiment reflected in the bill text is strongly supportive of domestic manufacturing and Buy America enforcement. The bill frames BABA as a jobs, supply-chain, and national-security measure, and it favors tighter oversight of waivers and clearer public access to waiver information. No committee debate or votes are provided, so there is no recorded opposition or bipartisan controversy in the available materials, though the reporting burden on agencies and the push to limit general waivers could be points of practical concern. Notable points of contention likely center on how quickly agencies can fully implement Buy America requirements, whether general waivers are sometimes necessary to avoid project delays or cost increases, and how much administrative burden the new reporting requirements would impose. The bill itself acknowledges that waivers may be needed for short-term market limitations, but it prefers ad hoc, project-specific waivers over broad waivers. That suggests the main policy tension is between maximizing domestic sourcing and maintaining flexibility for infrastructure delivery.

Impact

The bill would not directly amend the underlying domestic content standards of the Build America, Buy America Act, but it would require federal agencies to report annually on their implementation of those standards and on the status of infrastructure-related assistance programs. This would increase oversight of federal procurement and grant administration, require agencies to track compliance program-by-program, and likely improve public visibility into waiver use and implementation gaps. It would affect federal agencies, the Made in America Office, Congress, and recipients of federal infrastructure assistance by increasing transparency and pressure for full Buy America compliance.

Sentiment

The bill’s tone and stated findings are strongly pro-Buy America and pro-domestic manufacturing. It presents the issue as one of protecting U.S. jobs, strengthening supply chains, and enhancing national security, while criticizing broad waivers and loopholes that allow imported materials in federally funded infrastructure. No vote totals or committee transcript are available, so there is no recorded legislative opposition or support beyond the bill’s own framing.

Contention

The main points of contention are likely to be the scope and pace of Buy America implementation, the use of waivers, and the administrative burden of the required reporting. Supporters would favor tighter oversight, public reporting, and a shift away from general applicability waivers toward project-specific waivers. Potential critics may argue that some waivers are necessary to prevent delays, control costs, or address supply shortages, and that the reporting requirements could add complexity for agencies already managing infrastructure funding programs.

Companion Bills

No companion bills found.

Previously Filed As

US SB3309

Building Housing for the American Dream Act

US HB8870

BUILD America 250 Act Building Unrivaled Infrastructure and Long-term Development for America’s 250th Act

US HB8337

Buy American Seafood Act

US SB803

Keep Americans Safe Act

US HB5876

Keep America Building Act

US HB1674

Keep Americans Safe Act

US HB3933

Paving the Way for American Industry Act

US SB3065

LABEL Act Let Americans Buy with Explicit Labeling Act

US SB1536

Building Ships in America Act of 2025

US SB117

Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2025 or the AMERICANS ActThis bill prohibits the Department of Defense (DOD) from issuing any COVID-19 vaccine mandate as a replacement for the rescinded vaccine mandate of August 24, 2021, unless the mandate is expressly authorized by Congress. The bill also provides that DOD must establish an application process for remedies for members of the Armed Forces who were discharged or subject to adverse action under the rescinded mandate.Any administrative discharge of a member on the sole basis of a failure to receive a COVID-19 vaccine must be categorized as an honorable discharge, and DOD is prohibited from taking any adverse action against such a member for that reason.DOD must try to retain unvaccinated members and provide such members with professional development, promotion and leadership opportunities, and consideration equal to that of their peers.Additionally, DOD may only consider the COVID-19 vaccination status of members in making certain decisions (e.g., deployments in countries where it is the law) and must establish a process to provide exemptions to certain members for such decisions.Members who were separated from the Armed Forces for refusing to receive a COVID-19 vaccine are not required to repay any bonuses and must be reimbursed if they repaid any portion of a bonus prior to this bill's enactment.This bill applies to all members of the Armed Forces, regardless of whether they sought an accommodation to any DOD COVID-19 vaccination policy.

Similar Bills

No similar bills found.