HUD published a Request for Information seeking public input on the availability of domestically manufactured products used in HUD-assisted housing construction, alteration, maintenance, and repair projects. The RFI requests information on domestic production availability of BABA-compliant products, product categories used in housing programs, and additional considerations. Comments are due by July 20, 2026. This information will support HUD's implementation of Buy America Preference requirements under BABA for federal financial assistance programs.
EPA updated its BABA Resources page to communicate an administrative/compliance-support change: the EPA Office of the Administrator (OFA) BABA inbox will sunset on Dec. 31, 2026, with inquiries redirected per EPA instructions. This affects how recipients, contractors, and suppliers seek official assistance/interpretations and may require updating internal escalation paths and contact references in compliance procedures and bid/contract templates.
The Department of Education published a Federal Register notice seeking public comment on the Build America, Buy America Act (BABAA) Domestic Sourcing Requirements Waiver Request Form information collection. The notice solicits comments on the proposed data collection for waiver requests under BABA domestic sourcing requirements, allowing the public to provide input on the burden estimates and collection methodology.
EPA issued a project-specific nonavailability waiver for Lexington-Fayette Urban County Government for optical sorter and robotic sorting equipment under the Solid Waste Infrastructure for Recycling (SWIFR) program. The waiver period runs from May 8, 2026 through October 30, 2028, permitting use of non-domestic manufactured products where domestic alternatives are unavailable.
EPA issued a project-specific nonavailability waiver under BABA manufactured product requirements for Lexington-Fayette Urban County Government (Kentucky) to allow procurement/use of an optical sorter and robotic sorting equipment because domestic products meeting BABA and the project’s technical specifications were not available. The waiver applies to the identified project and authorizes recipients/contractors to treat the covered items as compliant for the award/project when documenting BABA compliance.
EPA issued a project-specific nonavailability waiver under BABA manufactured product requirements for Towanda Municipal Authority (Pennsylvania) to permit use of jet motive pumps for a CWSRF-funded wastewater project due to lack of BABA-compliant alternatives meeting technical specifications. The waiver affects documentation and procurement decisions for the covered project by allowing the specified noncompliant manufactured products to be used under the waiver’s terms.
Senators Baldwin and Banks introduced S. 4393, which would require the head of each federal agency to submit annual reports to the Made in America Office and Congress on Build America, Buy America Act (BABA) implementation. The reports must identify each federal financial assistance program for infrastructure that has and has not fully implemented Buy America preference requirements. If enacted, this legislation would enhance accountability and transparency in BABA compliance across federal infrastructure programs, creating new reporting obligations for all agencies administering BABA-covered financial assistance.
EPA posted an approved, project-specific nonavailability waiver under BABA for a drinking water project (City of Iuka, Kansas). The decision memo documents EPA’s determination that compliant domestic products were not available to meet project technical specifications, allowing procurement/use of non-BABA-compliant point-of-use reverse osmosis treatment units for that project only. Compliance teams supporting EPA-funded water infrastructure should track this waiver as it illustrates required waiver justification elements and reinforces that such waivers are limited in scope to the named project and timeframe stated in the decision memo.
EPA issued a project-specific nonavailability waiver under BABA for Dallas Rural Water District (Illinois) covering specified fuel generators for a DWSRF project, based on EPA’s determination that BABA-compliant alternatives meeting the project specifications were not available. This waiver is compliance-relevant for award recipients and suppliers because it authorizes use of the covered generators for the identified project when meeting BABA documentation and procurement requirements.
A project-level nonavailability waiver for certain HVAC equipment for affordable housing projects in Howard County, Maryland appears in the MadeInAmerica.gov federal financial assistance waiver library and is supported by HUD documentation describing the waiver scope (e.g., VRF HVAC systems, heat pumps, mini-splits) and the rationale tied to BABA’s manufactured products component cost test. The HUD document also describes a public comment process (15 days) and provides a submission email, indicating a consultation step associated with this waiver action for BABA compliance on the covered HUD-funded projects.
EPA updated its BABA Resources webpage to announce an administrative/operational change affecting how stakeholders obtain BABA support: the EPA Office of the Administrator (OFA) BABA inbox will be sunset on December 31, 2026, and general EPA BABA inquiries should be directed to the Office of Water BABA mailbox (BABA-OW@epa.gov). This does not amend BABA requirements, but it impacts compliance support workflows for recipients, contractors, and suppliers seeking clarification or routing waiver/support questions.
FHWA issued a notice proposing to modify the February 2023 EV Charger Waiver by increasing the domestic component cost threshold from 55% to potentially up to 100%. The proposal cites national security concerns regarding foreign-produced electronic components and cybersecurity vulnerabilities. The comment period closed on March 16, 2026, with 290 comments received. If finalized, EV charger manufacturers would need to significantly increase domestic component sourcing for FHWA-funded projects.
FHWA issued a Federal Register notice proposing to modify the existing Buy America waiver for electric vehicle chargers and seeking public input. The proposal signals potential tightening of waiver terms (e.g., domestic content thresholds and applicability conditions) for EV chargers used in FHWA-funded projects. Compliance teams supplying EV charging equipment into federally supported transportation projects should review the proposal and prepare to adjust sourcing/certifications if the waiver is narrowed or modified.
FHWA published a Federal Register notice seeking public comment on a proposed modification to the waiver of Buy America requirements for electric vehicle (EV) chargers used in Federal-aid highway projects under BABA/Buy America implementation. The proposal seeks input on potentially increasing the domestic content threshold for EV charger components beyond the current 55% (up to 100%), while retaining U.S. final assembly. FHWA states it will decide whether to continue, modify, or discontinue the waiver after considering comments; if finalized, the change would apply to projects obligated after publication of a final notice. Compliance teams supporting EV charging infrastructure (manufacturers, contractors, and recipients) should monitor the docket and be prepared for a higher domestic-component content requirement if adopted.
EPA OTAQ updated its BABA implementation procedures/FAQ memorandum for OTAQ-administered financial assistance programs (e.g., Clean School Bus-related infrastructure, Clean Ports, and other OTAQ programs). The update provides implementation guidance affecting applicability determinations, documentation expectations, and waiver handling, and includes example contract language and an example certification letter—items commonly flowed down to contractors/suppliers to demonstrate BABA compliance on funded projects.
EPA OTAQ updated its BABA implementation procedures (FAQ-style memorandum) for OTAQ-administered federal financial assistance programs (e.g., DERA, Clean School Bus-related infrastructure, Clean Ports). The updated procedures clarify applicability (including that BABA applies to infrastructure components) and outline documentation and waiver-related expectations for recipients and contractors. Compliance teams supporting EPA-funded infrastructure projects should align procurement documentation, domestic-content substantiation, and waiver request workflows with the revised OTAQ procedures.
EPA’s Office of Transportation and Air Quality (OTAQ) issued an updated BABA Implementation Procedures document (FAQ/memo format) for OTAQ federal financial assistance programs (including DERA, Clean School Bus, Clean Ports, and Clean Heavy-Duty Vehicles). The update provides program-specific interpretive guidance on BABA applicability and scope (including Purpose-Time-Place concepts), covered product category definitions (iron/steel vs. manufactured products vs. construction materials), compliance documentation/recordkeeping expectations, and waiver usage pathways. The memo includes clarifications relevant to infrastructure vs. rolling stock/equipment (e.g., it states BABA applies to clean/zero-emission school bus infrastructure but not to the bus itself), supporting recipient/contractor specification writing and audit readiness.
EPA OTAQ issued an updated memorandum and FAQ-style “BABA Implementation Procedures” for OTAQ-administered federal financial assistance programs (including DERA, Clean School Bus, Clean Ports, and Clean Heavy-Duty Vehicles). The update provides operational guidance on BABA applicability, compliance responsibilities, documentation/certification expectations, and waiver pathways, including newly added/updated Q&As (e.g., de minimis waiver cost calculation clarifications for certain mobile equipment and fueling infrastructure project scenarios). Compliance teams supporting EPA OTAQ-funded projects should align procurement classification (iron/steel, manufactured products, construction materials), contracting language, record retention, and waiver documentation to the updated procedures.
EPA's Office of Transportation and Air Quality issued updated BABA Implementation Procedures (January 2026) covering DERA, Clean School Bus, Clean Ports, and Clean Heavy-Duty Vehicles programs. Updates include: new guidance on Cognizant Agency determinations for multi-agency funded projects; clarified Purpose, Time, and Place (PTP) test for project scope; new Appendix 5 on Waiver Request Process; and new Q5.15 on De Minimis Waiver for mobile equipment and fueling infrastructure. Notably clarifies that for the Clean School Bus Program, BABA applies to charging infrastructure but NOT to the school buses themselves.
FEMA issued Policy #207-22-0001, Revision 1 revising its Buy America Preference in FEMA Financial Assistance Programs for Infrastructure. The revised policy provides updated guidance on FEMA's implementation of BABA requirements for infrastructure projects receiving FEMA financial assistance, superseding the April 25, 2024 version. The policy clarifies applicability to federal awards obligating funds for infrastructure projects after one year from the effective date.