Build American Efficiency Act
- Sponsor
- Rep. Mann, Tracey [R-KS-1]
- Committees
- Financial Services Committee (primary)
- Last action
- Jun 8, 2026
Bottom line
This bill streamlines compliance with 'Buy America' requirements for HUD-funded projects by recognizing a specific industry standard for domestic content certification, while maintaining flexibility for other methods.
What it actually does
This bill clarifies that for financial assistance administered by the Department of Housing and Urban Development (HUD), documentation generated under the "Make It American Process Standard (NEMA 70901-2024)" will be considered sufficient evidence for domestic content certification under the Build America, Buy America Act. It explicitly states that using this standard is not mandatory and other methods are still permitted. The Secretary of HUD is also granted discretion to approve similar standards.
Proponents argue
Proponents argue that this legislation will reduce administrative burdens and provide much-needed clarity for businesses and HUD alike, making it easier and more efficient to comply with domestic content requirements without compromising their intent. By leveraging an existing, auditable industry standard, it promotes consistency and accelerates project delivery for critical infrastructure.
Opponents contend
Opponents might contend that explicitly recognizing a single private industry standard, even if not mandatory, could inadvertently create a de facto preference, potentially disadvantaging other equally valid certification methods or reducing the government's direct oversight of domestic content verification processes. Concerns could also be raised about the transparency or update mechanisms of the NEMA standard itself.
The bill is very short and can be read quickly, allowing ample time for careful consideration of its implications.
Section 2(a)
Recognition of Make It American Process Standard for HUD Domestic Content Certification
This section mandates that the Secretary of Housing and Urban Development (HUD) must accept documentation generated under the 'Make It American Process Standard (NEMA 70901-2024)' as sufficient proof that a funding recipient's domestic content certification meets the requirements of the Build America, Buy America Act. This applies specifically to financial assistance administered by HUD. The Secretary can also approve successor versions of this standard.
Supporters argue
Supporters argue this provision reduces bureaucratic hurdles for businesses seeking to comply with Buy America requirements, making it easier and faster to certify domestic content. It leverages an existing industry standard, promoting efficiency and consistency across projects while upholding domestic content goals.
Critics contend
Critics might contend that relying on a specific private industry standard could inadvertently create a barrier to entry for companies using alternative, equally valid certification methods, or that it could reduce the government's direct oversight of domestic content verification.
Tradeoffs
The provision balances the desire for administrative efficiency and clarity for businesses with the need for robust oversight of domestic content requirements and avoiding favoritism towards a single certification method.
Section 2(b)
Clarification on Non-Mandatory Use of Standard
This section explicitly states that the bill does not require funding recipients to use the Make It American Process Standard for certification. It also affirms that recipients are still permitted to use any other legally permissible method to certify domestic content. This ensures flexibility and prevents the NEMA standard from becoming the sole acceptable method.
Section 2(c)
Secretary's Authority to Approve Similar Standards
This section grants the Secretary of HUD the discretion to approve and treat documentation from other standards similar to the Make It American Process Standard as sufficient for domestic content certification, provided these standards offer an auditable and verifiable process. This allows for future flexibility and adaptation to new or evolving industry standards.