U.S. DOT Looks To Waiver Of Buy America Infrastructure Mandate

U.S. DOT Looks To Waiver Of Buy America Infrastructure Mandate

By Terri Jo Neff |

One of President Joe Biden’s signature initiatives is not going smoothly, with one of the government’s largest users of construction materials taking steps to forgo the May 14 deadline to ensure the manufacturing of all construction materials used in federally assisted infrastructure projects occurs in the United States.

In January 2021, Biden issued Executive Order 14005 to announce his Made in America initiative. It directed all federal agencies to maximize the use of goods, products, and materials produced in the U.S. when providing financial assistance awards and in procurements.

There have been longstanding federal rules for when iron and steel is American made, but implementing the Build America, Buy America Act enacted in November as part of the Infrastructure Investment and Jobs Act is not something the U.S. Department of Transportation can have in place by May 14 deadline.

Federal agencies had to wait for the Office of Management and Budget to determine the manufacturing process criteria for other construction materials. Which did not happen until two weeks ago when OMD announced its “preliminary and non-binding guidance.”

And that poses “a significant problem,” according to Polly Trottenberg, DOT’s deputy secretary.

DOT is responsible for funding thousands of road, bridge, rail, and transit infrastructure projects across the country through the Federal Aviation Administration, Federal Highway Administration, Federal Railroad Administration, Federal Transit Administration, and the National Highway Traffic Safety Administration. Under the new law, DOT will now also be responsible for ensuring those federally funded projects comply with Buy America.

But figuring out criteria for compliance based on non-binding guidance released only two weeks ago is not workable. Which is why Trottenberg is moving toward obtaining a 180 day temporary, transitional waiver of the deadline under a public interest declaration.

“The Department recognizes both the importance of ensuring Buy America compliant construction materials and the need to implement the requirement in a way that is not overly burdensome,” Trottenberg recently wrote.

According to Trottenberg, DOT officials have received concerns from stakeholders about the new Buy America manufacturing requirements as it relates to construction materials other than iron and steel. A waiver would avoid delays to much needed projects.

“Until we have more complete information on how construction materials are manufactured, and whether the manufacturing process complies with the OMB guidance, the Department is unable to ensure that transportation infrastructure projects continue to be obligated in compliance with these new requirements,” Trottenberg wrote.

The impact of new Buy America’s construction materials standards “could be significant,” said Trottenberg, who noted the National Bridge Inventory shows more than 62,500 bridges in America made with wood or timber elements, of which nearly 17,000 bridges have a main span consisting of wood or timber elements.

Another 19,562 bridges contain polymer-based products elements while 2,281 bridges contain non-ferrous metal elements, none of which have currently defined manufacturing processes to ensure compliance with Buy America standards.

DOT officials would use the waiver period to seek information state, local, industry, and other partners and stakeholders on challenges and solutions in connection with the Buy America construction materials mandate. It would also allow DOT to gather data on the sourcing of a full range of materials and products used in federally funded transportation projects while giving officials time to strategize for building up domestic capacity of construction materials.

Further, DOT hopes OMB will have issued its final standards by then.

“By the end of the waiver period, DOT expects state, industry, and other partners to establish an effective review process, as already in place for products such as iron and steel, as appropriate for construction materials, consistent with the [Bipartisan Infrastructure Law] and interpreting guidance and standards,” according to Trottenberg. 

Comments and feedback on the proposed temporary waiver can be made here. All submissions received, including any personal information therein, will be posted to the agency’s website without change or alteration.

Homeland Security Projects Border Crisis To Worsen In 2022

Homeland Security Projects Border Crisis To Worsen In 2022

By Corinne Murdock

According to the federal government, the unprecedented border crisis plaguing Arizona will likely only get worse this year. Department of Homeland Security (DHS) officials informed Reuters that they’re preparing for up to 9,000 border arrests a day, topping last year’s daily average which was nearly 3,000 less apprehensions.

It is unclear how Border Patrol will handle the additional onslaught of illegal immigrants, as detention centers are already far overwhelmed. Last December, Customs and Border Patrol (CBP) reported record numbers of illegal immigrant encounters.

Governor Doug Ducey is attempting to sway federal lawmakers to increase border security personnel and resources to combat the current and now forecasted additional onslaught of illegal immigrants. As AZ Free News reported, a majority of Arizona law enforcement supports Ducey’s proposal to greatly increase border security. The governor’s office coordinated with other state leaders in drafting the federal legislation in the hopes that Senators Mark Kelly (D-AZ) and Krysten Sinema (D-AZ) will show their support.

Kelly may not be much help; he’s been the least outspoken on the border crisis of the two senators. 

Even if legislation were to get past the House and Senate, President Joe Biden may object to the legislation. The last time that Biden posted about the border was in September; however, he wasn’t addressing the crisis. Biden chose to speak out about the treatment of the illegal Haitian immigrants, threatening investigation over debunked claims that border agents were whipping the aliens.

That isn’t to say the president hasn’t addressed issues of the border privately. Again, however, his concerns don’t reflect the crisis-level inundation of illegal immigrants, but instead their reception by the states. CNN claimed in a report this week that it obtained internal documents in which the Biden Administration threatened legal action against the state of Florida for threatening to revoke licenses to the shelters holding unaccompanied migrant children. Florida’s general counsel, Ryan Newman, claimed that the Biden Administration’s handling of the children was tantamount to a “human trafficking scheme.” 

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Union Paybacks Affect Us All

Union Paybacks Affect Us All

By Dr. Thomas Patterson |

Most of the attention of our nation’s businesses entities is focused on attempts to win government favors. That’s typical of political economies sliding into corruption mode.

America’s unions have been a big winner of the competition. They poured hundreds of millions of dollars into Democratic campaigns. Their bet paid off when Democrats swept the presidency and both houses of Congress. Not only that, ole’ Scranton Joe is a longtime friend.

So White House favors have flowed in a torrent. For example, a new law mandates union labor on virtually all federal projects, automatically adding 20 to 30% to the cost. There is also a provision making union dues tax deductible, another huge union subsidy.

The Green New Deal is union friendly. A $4500 tax credit is available for electric vehicles only if the car is union made. The $14,500 tax credit for homeowner energy-saving devices also requires the work be done by union members.

Worst of all, the “jobs bill“ would abolish the 26 state right-to-work laws. Tens of millions of workers would be forced to pay union dues and support union political causes.

There are legitimate reasons why workers may decline to join a union. The benefits of membership may not be worth the dues. They may not support the union’s political views.

Especially ambitious or capable workers may not want to be bound by union work rules, promotion and salary schedules, typically designed to protect the weakest performers. Moreover, many workers are repulsed by the 2,100 documented cases of union corruption, including embezzlement, racketeering and inflated salaries.

But it’s no secret that mandatory membership would massively increase union rolls and coffers. Joe Biden may have lied about a few things here and there, but his vow to have “the most pro-union administration in history” meant business.

But if the unions are experiencing a bonanza, how about the rest of us? After all, only 6.3% of private sector workers are union members (about half of government workers are unionized). How do the other 93.7%, and those of us not considered “workers“, fare?

Not that well. You may have heard of the supply chain shortage and the massive backup at our ports. You’ve seen prices rise and empty shelves starting to appear.

In response, President Biden recently announce a “gamechanger”, ordering more hours for the ports. Union work rules regarding off-hours pay make the option a significant burden for the port operators. But it would increase cargo movement by less than 10%, hardly solving the problem.

The dysfunction in America’s ports isn’t news. The World Bank rates LA and Long Beach 328 and 333 worldwide for speed and efficiency. Not one US port was in the top 50.

Here’s the reason. Our ports lack modern technology. Automated cranes and other laborsaving devices operate worldwide over twice as fast as our outdated equipment.

But unions demand the obsolescence to preserve make-work jobs. The International Longshoremen’s Association has a contract blocking the use of automated cargo handling equipment.

Biden could take action, but he won’t. His Build Back Better bill specially prohibits using any funds for automation.

Government unions, because they needn’t worry about any economic impact on their employer, are even more abusive of the public trust. The main reward for teachers’ union loyalty has been the party’s staunch, enduring opposition to school choice.

School choice for underprivileged children is rightly considered the civil rights issue of our time. Many leading Democrats, like the Obamas, Clintons and Kennedys send their own children to desirable schools but deny the same privilege to millions of children who will be economically handicapped for life by the school they attend.

The teachers’ unions displayed their impressive clout again during the recent pandemic. Long after research data had thoroughly discredited the wisdom, (children were essentially COVID-19 proof), they selfishly kept schools closed. The education fallout is proving to be catastrophic.

Unions historically have played a role in improving the plight of workers. Private sector unions particularly deserve the right to exist, to organize and to be treated fairly. But when the scales are tipped to afford them political benefits not enjoyed by other Americans, we all get hit.

Dr. Thomas Patterson, former Chairman of the Goldwater Institute, is a retired emergency physician. He served as an Arizona State senator for 10 years in the 1990s, and as Majority Leader from 93-96. He is the author of Arizona’s original charter schools bill.