FHWA published a final rule delaying the effective date of its manufactured products Buy America final rule. This action changes the date the amended requirements formally take effect (effective-date delay), which can affect contracting timing, compliance planning, and the applicability of updated regulatory text for recipients and contractors working on FHWA-funded highway projects.
The EPA Office of Inspector General issued Report No. 25-E-0016 evaluating the EPA Office of Water's guidance to State Revolving Fund Programs for implementing Build America, Buy America Act requirements. The evaluation assesses how effectively EPA has guided states on BABA compliance for Clean Water and Drinking Water State Revolving Fund programs, identifying implementation challenges and recommendations for improvement.
PHMSA published a waiver of Build America, Buy America Act requirements for gas service risers, gas service regulators, and gas meters used under the Natural Gas Distribution Infrastructure Safety and Modernization Program. The waiver is effective January 22, 2025 and will expire on January 21, 2028. This three-year waiver applies to specific gas distribution equipment where domestic availability may be limited, allowing infrastructure safety and modernization projects to proceed.
PHMSA issued a nonavailability waiver under BABA for certain products used in the NGDISM grant program (as described in the Federal Register notice). This waiver provides compliance relief where domestic products are not reasonably available, affecting procurement decisions for covered natural gas distribution modernization work funded under the program. Compliance teams should assess whether procurements fall within the waiver’s scope and conditions and document eligibility accordingly.
PHMSA granted a project-specific waiver under BABA for City Utilities of Springfield, Missouri, for certain products used under the NGDISM grant program. The waiver applies only to the identified project and products described in the Federal Register notice. Compliance teams supporting this project (and similarly situated grantees) should ensure waiver scope controls are implemented (product list, project limitation, and recordkeeping) to avoid misapplication to other procurements.
HUD's Office of Community Planning and Development (CPD) issued Notice CPD-2025-01 providing implementation guidance for the Build America, Buy America Act's Buy America Preference (BAP) requirements. The notice provides detailed guidance for CPD programs on implementing domestic content requirements for infrastructure projects receiving federal financial assistance. This guidance helps CPD grantees understand compliance obligations, documentation requirements, and waiver processes for HUD-funded infrastructure projects.
HUD PIH issued Notice PIH 2025-06 updating and clarifying BABA Buy America Preference implementation guidance for Public Housing Agencies and PIH-funded activities, superseding the prior PIH notice. The notice provides updated direction on applicability/scope and implementation considerations (including how BABA applies in certain PIH program contexts and how waivers may be relevant). PIH recipients and their contractors should align procurement planning and compliance documentation with the updated PIH notice.
The Department of Transportation issued a final waiver of Buy America Requirements for the Pacific Island Territories and the Freely Associated States. This waiver applies to infrastructure projects in Pacific Island territories where domestic manufacturing and supply chain constraints make compliance with BABA requirements impractical. The waiver supports continued infrastructure development in these territories while recognizing the unique geographic and economic challenges they face.
FHWA issued a final rule updating its Buy America requirements for Federal-aid highway projects by terminating the long-standing Manufactured Products General Waiver and establishing phased-in compliance criteria for manufactured products. Per the rule/agency announcement, projects with FHWA funds obligated on/after 2025-10-01 require U.S. final assembly/manufacturing for manufactured products, and projects obligated on/after 2026-10-01 additionally require that more than 55% of the cost of components be domestically produced. Compliance teams supporting highway infrastructure supply chains should update sourcing/BoM cost roll-ups and supplier certifications to meet the phased obligation-date thresholds.
FHWA published the Final Rule terminating the General Applicability Waiver for manufactured products in Federal-aid highway projects. The rule implements a phased approach: Phase 1 (October 1, 2025) requires all manufactured products to have final assembly in the United States; Phase 2 (October 1, 2026) requires the cost of components mined, produced, or manufactured in the U.S. to exceed 55% of total component costs. Manufacturers and contractors must establish supply chain traceability systems to document domestic content percentages.
FHWA published a final rule amending its Buy America regulation for Federal-aid highway projects (23 CFR 635.410) to terminate the longstanding general waiver for manufactured products and establish standards for when manufactured products are considered produced in the United States. The rule provides a phased approach tied to project obligation dates (including a U.S. final assembly requirement starting for projects obligated on/after October 1, 2025, and a 55% domestic component cost requirement for projects obligated on/after October 1, 2026). This change is directly relevant to BABA-aligned domestic preference compliance for highway construction supply chains and contract specifications.
HUD CPD issued Notice CPD-2025-01 providing updated implementation guidance for BABA’s Buy America Preference (BAP) requirements for CPD programs and superseding CPD-2023-12. The notice includes key applicability clarifications for housing/infrastructure determinations (e.g., treatment of 1–4 unit versus 5+ unit housing in relation to BAP applicability), as well as guidance on project scope, recordkeeping, and waiver processes. CPD grantees and contractors should review and align project scoping decisions, procurement documentation, and waiver requests to the updated CPD guidance.
HUD issued CPD Notice 25-01, superseding CPD Notice 2023-12, to provide clarified implementation guidance for the Buy America Preference (BAP) requirements under the Build America, Buy America Act. The notice describes how Community Planning and Development (CPD) program grantees can use covered funds for public infrastructure projects to bolster America's industrial base, protect national security, and support high-paying jobs. This updated guidance provides essential compliance direction for CPD program recipients implementing BABA requirements.
HUD CPD published Notice CPD-2025-01 providing updated implementation guidance for BABA’s Buy America Preference for CPD-funded programs and superseding prior CPD guidance. The notice addresses applicability determinations and administrative expectations (e.g., how certain housing/infrastructure activities should be classified for BAP applicability, and related documentation/recordkeeping and waiver processes). Recipients and contractors using CPD funds should apply the updated CPD framework when scoping projects and documenting domestic preference compliance or waiver use.
The Federal Railroad Administration (FRA) is seeking public comments on whether to grant a general applicability public interest waiver of Buy America requirements for the purchase of used locomotives (Tier 0, Tier 1, and Non-Tiered) that would serve as the underframe or chassis for conversion to all-electric, renewable diesel, battery-powered, or other renewable-energy locomotives. The proposed waiver would support sustainability and emissions reduction goals by enabling the reuse of existing locomotive frames for cleaner energy conversions. Comments are being accepted on the public interest justification and potential impact on domestic manufacturing. Compliance teams in the rail and transportation sectors should review this proposed waiver and consider submitting comments.
DOE issued Waiver Number 2025-07, a nonavailability waiver for domestically assembled Solar Photovoltaics (PV) panels (Solar Modules) under BABA manufactured product provisions. The waiver applies to recipients of DOE federal financial assistance under the Industrial Emissions Demonstrations and Advanced Industrial Facilities Deployment Programs. Waiver issued January 10, 2025 and expires December 31, 2025.
The Department of the Interior, in coordination with multiple federal agencies, has issued Waiver Number 2025-12, a Multi-Agency Tribal Public Interest Waiver under the Build America, Buy America Act. The waiver is effective January 10, 2025 and expires January 9, 2030. This waiver provides Tribes with relief from BABA domestic content requirements for infrastructure projects, recognizing the unique circumstances and limited supplier availability for Tribal entities. The waiver follows OMB M-24-02 guidance encouraging agencies to consider public interest justifications for Tribal recipients. Compliance teams working with Tribal partners on federally-funded infrastructure projects should document the applicability of this waiver.
EPA issued implementation procedures and FAQs for the Greenhouse Gas Reduction Fund (GGRF) programs under the Build America, Buy America Act. The document clarifies that BABA strengthens Made in America Laws and requires that on or after May 14, 2022, federal financial assistance for infrastructure projects must ensure all iron, steel, manufactured products, and construction materials are produced in the United States. This guidance supports GGRF recipients in meeting BABA compliance requirements.
EPA’s Office of the Greenhouse Gas Reduction Fund published a program-specific FAQ/procedures document explaining how BABA applies for GGRF recipients. The guidance addresses applicability determinations (including infrastructure scoping concepts), compliance documentation and certifications, record retention, and waiver processes. GGRF recipients and implementing partners should align procurement documentation and waiver workflows to this program guidance.
The Department of Transportation is seeking public comments on a proposed general applicability public interest waiver of Build America, Buy America Act (BABA) requirements for federal financial assistance awarded for infrastructure projects located in the Pacific Island territories (Commonwealth of Northern Mariana Islands, Guam, and American Samoa) and the Freely Associated States (Republic of Palau, Republic of Marshall Islands, and Federated States of Micronesia). The proposed waiver would relieve recipients from domestic preference requirements under BABA section 70914(a) for infrastructure projects in these jurisdictions.