Biden’s ‘Buy America’ bid runs into manufacturing woes it aims to fix
Infrastructure officials complain they can’t find U.S. suppliers for items they need to buy American by law
The
“Buy America” initiative that President Biden says will promote
domestic manufacturing and fuel a blue-collar renaissance is running
into a problem: The United States no longer produces many of the items
needed to modernize roads, bridges and ports.
The $1 trillion infrastructure legislation that the president signed in late 2021, however, insists that U.S. materials be used.
This
awkward dynamic spilled into public view this month, when the U.S.
Department of Transportation denied a request by the nation’s ports to
use federal infrastructure funds to purchase imported dock cranes,
trucks, boat lifts and similar equipment, after industry officials
argued that no domestic manufacturers exist for them. In particular,
while some smaller cargo-handling units are made in the United States,
all of the electric models that support the administration’s climate
goals are made overseas, according to the American Association of Port
Authorities.
The
infrastructure legislation includes broader requirements for the use of
American-made construction materials, including copper, drywall and
fiber optic cables, in federally funded projects. The administration
this month issued new guidance
for determining whether substances and manufactured products used on
such projects qualify as “made-in-the-USA” and solicited public comments
about numerous specifics.
With
the approach of the spring construction season, Biden’s push to boost
domestic production is clashing with the reality that some materials are
not available from U.S. sources in the amount or time required,
according to groups representing the agencies that manage projects and
the industries that build them.
“They’re
trying to spur industry,” said Jim McDonnell, director of engineering
for the American Association of State Highway and Transportation
Officials. “But it seems they’re trying to push out too much, too
quickly.”
Among the looming headaches: State and
local transportation officials fear they will be unable to obtain
adequate supplies of the reflective glass beads used to make safety
striping for highway pavement. And materials for high-speed rail systems
are almost entirely made in Japan or Europe, according to the summary
of meetings last year between top DOT officials and industry
representatives.
Two
senior administration officials, who spoke on the condition of
anonymity to speak freely about the program, said officials intend to
grant waivers of the Buy America rules in some cases and to continue a
dialogue with industry groups aimed at resolving specific issues as they
arise.
The most ambitious domestic preference effort
ever mounted, Biden’s program is part of a broader administration
campaign that he highlighted in the State of the Union address.
What
the president billed as “a blue-collar blueprint to rebuild America and
make a real difference in your lives at home” is aimed at working-class
voters who have abandoned the Democratic Party as their economic
fortunes have been upended by globalization.
Government
preferences for domestic goods enjoy wide support from politicians in
both parties, despite evidence that such measures often mean added costs
and project delays. The administration’s determination to increase
domestic production now is colliding with the industrial legacy of
decades of trade liberalization, which facilitated the relocation of
factories to lower-cost locales.
The
consequences of more than three decades of offshoring can be seen in
U.S. government statistics. Outside of the computer industry,
inflation-adjusted manufacturing output has essentially flatlined since
2007, according to the Bureau of Economic Analysis.
As
a share of the economy, the U.S. trade deficit in manufactured goods
last year reached an all-time high of 4.7 percent. American companies
bought $1.2 trillion more in manufactured goods than they sold to
foreign customers, according to an analysis of U.S. government data by
economist Rob Scott, a research associate at the Economic Policy
Institute, a left-leaning nonprofit organization.
By itself, boosting government purchases of domestic items is unlikely to reshape the $25 trillion U.S. economy, Scott said.
‘To
be honest, the effects are going to be at best marginal,” he said.
“Government — you think it’s big. But it’s really a small percentage of
the overall total. The question is: How do you move the dial on private
sector purchases?”
The administration’s economic policies, including the Buy America push, are spurring domestic investment.
In
August, Corning announced plans to build a new facility in Gilbert,
Ariz., to manufacture optical cable, designed to capitalize on the
administration’s plans to spend $45 billion of infrastructure cash on
broadband internet networks. Corning said it expects to employ about 250
workers at the new site, which is scheduled to open next year.
Some
supporters of the domestic content push, seeing this as evidence that
the policies are working, have little patience for industry warnings of
looming cost increases and project delays.
“A
lot of the complaints about this from state and local officials and
contractors — they act way too much like helpless children. It’s
annoying and frustrating,” said Scott Paul, president of the Alliance
for American Manufacturing, a nonprofit organization backed by the steel
industry and steelworkers’ union.
Still, Buy America requirements have often delayed transportation projects, according to a 2019 Congressional Research Service report.
In
2011, transit officials in New York purchased a water mist fire
suppression system from Finland for two stations on Manhattan’s Second
Avenue Subway, believing that it was permitted as a part of the overall
system. A U.S. company challenged that interpretation in 2013, sparking
an investigation that began the next year and resulted in a 2015 federal
ruling that transit officials had erred.
The
fire suppression system — not the subway station — was the “end
product” that under federal regulations had to be made in the United
States. Four years after the original fire suppression contract, New
York subway officials had to start over.
Though
many economists disparage Buy America laws as inefficient, their
overall economic impact is “small” and generally swamped by global
forces, CRS concluded.
Government
efforts to favor domestic producers typically save a limited number of
jobs in protected industries, although they do nothing to increase the
economy’s total number of jobs. But each position costs taxpayers more
than $250,000 to preserve, according to a 2020 study by economists Gary
Hufbauer and Euijin Jung of the Peterson Institute for International
Economics.
“It’s economic nonsense, though it may be politically wonderful,” Hufbauer said.
The Biden
administration believes such arguments ignore the lessons of the
pandemic, when a dependence upon global supply chains repeatedly left
Americans short of goods ranging from toilet paper to medicines,
according to senior administration officials who spoke on the condition
of anonymity to discuss the program.
Promoting
greater domestic production will make supply chains for critical goods
such as personal protective equipment, semiconductors and clean energy
products less vulnerable to interruption, the officials said. And
contrary to industry warnings of higher costs, they insist that the
development of new domestic supply links will bring costs down through
additional competition.
State
agencies or contractors can obtain waivers allowing them to use
imported products if they can show a domestic alternative is excessively
costly or would result in extraordinary delays. But reflecting the
president’s determination to discourage end runs around Buy America
rules, agencies are closely scrutinizing such requests.
When
DOT last week rejected the port industry’s request to spend federal
infrastructure money on imported cargo-handling equipment, a department
spokesman said it was studying the feasibility of pooling orders to
jump-start domestic production. In the meantime, officials will consider
“waivers on a case-by-case basis consistent with the administration’s
effort to ensure that infrastructure grants boost domestic supply chains
and support domestic employment and manufacturing,” a spokesman said.
By
publishing waiver details on a government website, the administration
also intends to demonstrate demand for specific items, effectively
providing domestic manufacturers with a road map to new business
opportunities, the officials said.
“On
my watch, American roads, American bridges, and American highways will
be made with American products,” the president said in his recent State
of the Union address.
Biden’s
efforts have a long lineage. In 1933, Herbert Hoover signed into law
the first “Buy American Act” on his last full day as president. The
Depression-era legislation required the government to give preference to
domestic products and construction materials. A similar provision was
included in the 2009 Obama administration’s stimulus program. One day
before leaving office in 2021, President Donald Trump approved
regulations increasing the share of a good’s components that must be
produced domestically to qualify as U.S.-made.
Biden
last year further increased the threshold. Previously, an item whose
components were at least 55 percent American-made qualified as domestic.
The new regulation lifted that to 60 percent this year, with an
ultimate target of 75 percent in 2029.
With many industries still facing supply chain hiccups,
officials worry the new Buy America rules will only make matters worse.
Ginning up new domestic capacity to produce essential infrastructure
materials can be done. But it will take time.
“It’s
the realities of it that are challenging,” said Rich Juliano, general
counsel of the American Road & Transportation Builders Association.
“Our membership supports Buy America. That’s our policy. We would like
nothing better. The issue is the practicality of this in the short
term.”
David
J. Lynch is a staff writer on the financial desk who joined The
Washington Post in November 2017 after working for the Financial Times,
Bloomberg News and USA Today. Twitter