September 30, 2026
Mr. King (for himself, Mr. Curtis, Mr. Welch, and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs
To clarify the evidentiary treatment of documentation generated under a qualifying process standard for purposes of compliance with the Build America, Buy America Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Build American Efficiency Act
.
Sec. 2. Domestic content certification
(a) In general
For the purposes of administering the Build America, Buy America Act (title IV of division G of Public Law 117–58; 42 U.S.C. 8301 note) with respect to financial assistance administered by the Department of Housing and Urban Development, the Secretary of Housing and Urban Development (hereafter referred to as the Secretary
) shall treat documentation generated in accordance with the Make It American Process Standard (NEMA 70901–2024), as in effect on the date of enactment of this Act, or a successor version approved by the Secretary, as sufficient evidence for purposes of determining whether a funding recipient’s domestic content certification complies with applicable domestic content requirements.
(b) Rule of Construction
Nothing in this section may be construed to—
(1)
require a recipient or prospective recipient of financial assistance administered by the Department of Housing and Urban Development to use documentation generated in accordance with the Make It American Process Standard (NEMA 70901–2024) to certify that their domestic content complies with applicable domestic content requirements; or
(2)
prohibit a recipient or prospective recipient of Federal financial assistance administered by the Department of Housing and Urban Development from using any other method to certify that their domestic content complies with applicable domestic content requirements if such method is permitted by law.
(c) Similar Standards
The Secretary may, if the Secretary determines appropriate, treat documentation produced through standards that are similar to the Make It American Process Standard (NEMA 70901–2024) if such standard provides an auditable and verifiable domestic content certification process.