S. 4393 — Build America, Buy America Compliance Act

This section states the sense of Congress regarding the Build America, Buy America Act (BABA Act, P.L. 117-58), which requires U.S.-produced iron, steel, construction materials, and manufactured products in federally assisted infrastructure projects. Specifically, it asserts that (1) such projects should prioritize U.S. materials and products to create jobs, strengthen supply chains, and enhance national security; (2) prior to BABA, infrastructure spending often disregarded material origins and Buy America laws were limited by waivers and loopholes; (3) BABA strengthens these laws; (4) general waivers should be discouraged in favor of ad hoc, product-specific waivers for short-term market issues; (5) all waivers must be publicly posted on the Made in America Office website; (6) the General Services Administration must ensure the required public website is complete and accessible; and (7) Congress should close remaining loopholes.

This section requires the head of each federal agency to submit to the Made in America Office and specified congressional committees—including the Senate Committees on Commerce, Science, and Transportation; Environment and Public Works; and Banking, Housing, and Urban Affairs, and the House Committee on Transportation and Infrastructure—a report on implementation of the Build America, Buy America Act (i.e., domestic content preferences for iron, steel, manufactured products, and construction materials in federally funded infrastructure projects) not later than 60 days after enactment and annually thereafter, and to publish the report in the Federal Register. The report must (1) list the agency's new and existing infrastructure financial assistance programs; (2) identify programs with full implementation of waiver processes under section 70914 and describe related compliance actions and preservation of stronger existing Buy America policies under section 70917; (3) identify programs without full implementation; and (4) for those programs, provide timelines and steps to achieve full implementation and prioritize project-specific over general applicability waivers.