GENERAL APPLICABILITY WAIVERS - PROPOSED
Treasury does not currently have any waivers open for public comment.
GENERAL APPLICABILITY WAIVERS - APPROVED
Treasury LATCF, General Applicability Waiver of Build America, Buy America Provisions for County and Territory Recipients
Description: Treasury is issuing a six-month public interest adjustment period general applicability waiver from the Buy America Domestic Content Procurement Preference as applied to federal financial assistance provided to non-Tribal government recipients of the Local Assistance and Tribal Consistency Fund (LATCF), including certain counties, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the U.S. Virgin Islands (county recipients). Under this waiver, the application of the Buy American Preference requirements do not apply to LATCF award agreements entered into by these recipients during the waiver period. In accordance with the Build America, Buy America Act, Treasury believes that this public interest adjustment period general applicability waiver is in the public interest, as it allows recipients, manufacturers and contractors, as well as Treasury, sufficient time to prepare to implement the program for the long-term while allowing critical projects to be funded in the meantime.
Adjustment Period Waiver – This waiver is effective from September 27, 2022 to March 26, 2023.
Treasury Response to Public Comments: Treasury did not receive any public comments on this waiver.
For questions regarding the Buy America, Build America (BABA) Act, email LATCF@treasury.gov.
Treasury LATCF, Tribal Consultation Waiver of Build America, Buy America Provisions for Tribal Governments
Description: Treasury is issuing a Tribal Consultation waiver from the Buy America Domestic Content Procurement Preference (BAP) as applied to federal financial assistance provided to Tribal government recipients of the Local Assistance and Tribal Consistency Fund (LATCF), established by section 605 of the Social Security Act as added by section 9901 of the American Rescue Plan Act. This waiver will cover all iron and steel, manufactured products, and construction materials used in infrastructure projects required by the Build America, Buy America Act. This one-year Tribal consultations waiver will apply to all award agreements entered into with Tribal governments during the one-year period beginning on the effective date of the waiver. In addition, in the case of award agreements entered into with Tribal governments prior to the date of the final waiver, the Tribal consultation waiver will apply to all expenditures incurred after the date of the final waiver on an infrastructure project.
Adjustment Period Waiver – This waiver is effective from January 17, 2023 to January 17, 2024.
Summary of Public Comments and Treasury’s Response.
For questions regarding the Buy America, Build America Act, email LATCF@treasury.gov.