ATSSA CEO calls on USDOT to provide additional guidance on Build America, Buy America implementation

Last week, ATSSA President & CEO Stacy Tetschner sent a letter to United States Department of Transportation (USDOT) Secretary Pete Buttigieg on the need to provide additional information/guidance in the implementation of the Build America, Buy America (BABA) provisions included in the Infrastructure Investment and Jobs Act (IIJA). These provisions of the law directly impact roadway safety infrastructure and the broader construction industry.

“On behalf of the 1,500 member companies of the American Traffic Safety Services Association, I write to ask the United States Department of Transportation to assist the transportation safety industry by publishing additional information related to the Build America, Buy America provisions contained in the Infrastructure Investment and Jobs Act. The Office of Management and Budget final guidance related to…[this law]…went into effect on October 23^rd and there has been considerable concern and confusion across the country on how this guidance will be implemented by state departments of transportation,” said Tetschner. “ATSSA members are responsible for manufacturing and installing critical, life-saving infrastructure on our nation’s roadways and they work hard every day to improve roadway safety. Not providing this guidance in the implementation of the…[Build America, Buy America]…provisions could cause unnecessary delays, cancellations, or increased costs on roadway infrastructure projects – a result that no one wants to see.”

Tetschner noted that a lack of uniformity across the country on BABA implementation is causing problems and could mean the inventory of roadway safety products that ATSSA members would normally manufacture and purchase may not be included/approved for various state Approved Products Lists. He also reiterated that ATSSA members are ready to serve as partners in moving industry forward as USDOT and others work through implementing the BABA requirements.

ATSSA has been active on this issue over the last two years, beginning with polling ATSSA members on the impact these new requirements will have on their businesses, and then formulating a policy based on the results of that survey. ATSSA has twice submitted comments on this topic, the first to the Office of Management and Budget on the negative impact the BABA updated provision would have on its members. ATSSA later submitted comments pushing Federal Highway Administration (FHWA) to keep a long-standing waiver for manufactured products that is still currently under review. ATSSA has also hosted informational webinars for membership, engaged with The White House on this issue, and has worked with congressional offices to have BABA-focused questions be included in committee hearings.

Read the full letter.