Senator Baldwin Calls on Trump Admin to Not Abandon American Workers and Companies in Highway Construction

WASHINGTON, D.C. - Today, Senator Tammy Baldwin (D-WI) called on the Trump Administration to enforce Buy America laws for highway construction by finally stopping the Federal Highway Administration (FHWA) from skirting Buy America requirements. Earlier this year, the Department of Transportation issued a final rule to end the Federal Highway Administration's blanket waiver that has allowed the agency to bypass strong Buy America requirements designed to support American businesses and workers.

"Finally putting an end to this blanket waiver that has allowed the federal government to sidestep Buy America rules when constructing highways will help spur domestic manufacturing and support American-made products and jobs," wrote Senator Baldwin in a letter to Department of Transportation Secretary Sean Duffy. "For that reason, it is essential that the Department of Transportation adhere to the rule and begin enforcement of Buy America for manufactured products starting next month."

"It is a straightforward concept: when we use taxpayer dollars to build infrastructure, we should be using American products and supporting American businesses and workers," concluded Senator Baldwin. "I strongly urge you to enforce this critical final rule to discontinue the 1983 Manufactured Products General Waiver of Buy America once and for all."

Senator Baldwin has led the charge in advocating for stronger Buy America standards to prioritize American workers and products when U.S. taxpayer dollars are used. In January 2021, Senator Baldwin pushed Department of Transportation Secretary Pete Buttigieg at his confirmation hearing before the Senate Commerce Committee to commit to changing or rescinding the blanket waiver that has made foreign manufactured products eligible for FHWA projects. In May of 2023, Senator Baldwin called on then FHWA Administrator Shailen Bhatt to end its 40-year Buy America waiver and "begin the long overdue process of developing FHWA's guidelines for the purchase of American-made manufactured products in Federal-aid highway projects."

In January, the Biden Administration published the final rule to end the longstanding waiver in two phases. For projects funded after October 1, 2025, final assembly of all manufactured projects must occur in the United States. For projects funded on or after October 1, 2026, in addition to the final assembly requirement, the cost of components of products that are mined, produced, or manufactured in the U.S. must be greater than 55 percent of the total cost of all components of the manufactured product. Senator Baldwin is now calling on the Trump Administration to begin enforcement of Buy America laws for manufactured products faithfully beginning next month.

A full version of this letter is available here and below.

Dear Secretary Duffy:

I write to urge you to enforce Buy America laws for highway construction by implementing the Department of Transportation's final rule to discontinue the Manufactured Products General Waiver of Buy America that the Federal Highway Administration (FHWA) has had in place for over forty years. Finally putting an end to this blanket waiver that has allowed the federal government to sidestep Buy America rules when constructing highways will help spur domestic manufacturing and support American-made products and jobs. For that reason, it is essential that the Department of Transportation adhere to the rule and begin enforcement of Buy America for manufactured products starting next month.

Earlier this year, the FHWA published a final rule to discontinue the general waiver for manufactured products with respect to Federal-aid highway projects. The final rule provides clear guidance to all transportation stakeholders on timelines for planning and decision making. The final rule ends FHWA's longstanding blanket waiver in two phases. For projects obligated on or after October 1, 2025, final assembly of all manufactured projects must occur in the United States. For projects obligated on or after October 1, 2026, in addition to the final assembly requirement, the cost of components of products that are mined, produced, or manufactured in the U.S. must be greater than 55 percent of the total cost of all components of the manufactured product.

When we spoke about this issue at your confirmation hearing before the Senate Commerce, Science and Transportation Committee, you acknowledged that it matters for Wisconsin and for our country as a whole. Similarly, at his confirmation hearing on February 20, 2025, Deputy Secretary Steven Bradbury committed to me that he would see the final rule through as written.

As you apply Buy America to manufactured products, the FHWA should continue to avoid general waivers and focus on project-specific nonavailability or cost waivers. Waivers that are targeted, time-limited, and transparent are indications of where there are gaps in domestic supply chains and serve as powerful market signals for investment in American factories. Where there is a demonstrated need, the FHWA should seek public comment on proposed waivers, as required by statute, at the earliest opportunity and without delay.

It is a straightforward concept: when we use taxpayer dollars to build infrastructure, we should be using American products and supporting American businesses and workers. I strongly urge you to enforce this critical final rule to discontinue the 1983 Manufactured Products General Waiver of Buy America once and for all.

Sincerely,

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