BACKGROUND

One new requirement included in the Infrastructure Investment and Jobs Act (also known as Bipartisan Infrastructure Law (BIL)) is Build America, Buy America (BABA). The Office of Management and Budget (OMB) issued guidance for BIL, and while nationwide waivers and grace periods have been issued, many questions remain.

BIL raises new issues for airports. Generally, federal funding was not available for terminal projects but is specifically available under BIL. Applying Buy America requirements to terminal buildings, including all component parts, may not be as straightforward as runway or taxiway projects, which are the highest priority under Airport Improvement Program (AIP) funding. There is a need to discern how BABA affects construction projects at airports and update the information in ACRP Legal Research Digest 18.

OBJECTIVE

The objective is to update the information in ACRP Legal Research Digest 18 on Buy America requirements for federally funded airports to include new requirements in the BIL, which raises issues for airports. These include:

• Buy America requirements apply to parts of airport projects when using federal funds; BABA expands the requirements to construction materials, which could be difficult to apply to terminal projects.
• The application of the domestic content thresholds. 
• Available waivers, other exceptions, and their practical implications.
• Considerations for the management and approach to BABA compliance. 

STATUS: The initial draft report is expected in February 2025