The Build America, Buy America Act (BABA) (Pub. L. No. 117-58, §§ 70901-52), enacted as part of the Infrastructure Investment and Jobs Act on November 15, 2021, requires 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.
HHS is currently working with the Made in America Office to coordinate compliance with these procurement requirements for all HHS programs. For questions about the BABA program, contact GrantPolicyREQ@hhs.gov.
Waivers
The "Build America, Buy America Act" requires that HHS make a proposed waiver available for a 15-day public comment period before it issues any waiver. Once the public comment period has closed, HHS will consider any comments it received in its evaluation of the waiver request and make a final decision based on guidance from the Office of Management and Budget’s Made in America Office. Comments should be sent to GrantPolicyREQ@hhs.gov.
Project Title | Waiver Type | Date | Status |
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Resources - Applicable Laws and Policies
- Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure (M-24-02)
- Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure (M-22-11)
- Identification of Federal Financial Assistance Infrastructure Programs Subject to the Build America, Buy America Provisions of the Infrastructure Investment and Jobs Act (M-22-08)
- Increasing Opportunities for Domestic Sourcing and Reducing the Need for Waivers from Made in America Laws (M-21-26)
- Ensuring the Future is Made in All of America by All of America’s Workers
- PUBLIC LAW 117–58
- Executive Order 14005: Ensuring the Future is Made in All of America by All of America’s Workers
- White House Made in America Page
- Build America, Buy America Factsheet