The Build America, Buy America Act requires that all of the iron, steel, manufactured products, and construction materials used in infrastructure projects are produced in the United States. Exceptions can be made by the head of a Federal agency – but first the agency must post the proposed waiver online for 15 days to allow the public to review it and submit comments.

Waivers posted for public comment are listed below and on an interim basis pending the development of a permanent website. (Note that this list will be updated as necessary to provide links to all published waivers.).

Covered Agencies

Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of Housing and Urban Development
Department of the Interior
Department of Justice
Department of Labor
Department of State
Department of Transportation
Department of Treasury
Department of Veterans Affairs
Environmental Protection Agency
National Aeronautics and Space Administration
Agency for International Development
Social Security Administration
General Services Administration
National Science Foundation
Office of Personnel Management
Small Business Administration
Gulf Coast Ecosystem Restoration Council
National Endowment for the Humanities 

Guidance and Other Resources

2 CFR part 184 Guidance

M-24-02 Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure (October 25, 2023) (21 Pages, 512 KB)

M-22-11 Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure (April 18, 2022) (17 Pages, 521 KB) Note: This policy has been rescinded by M-24-02, issued October 25, 2023.

M-22-08 Identification of Federal Financial Assistance Infrastructure Programs Subject to the Build America, Buy America Provisions of the Infrastructure Investment and Jobs Act

Memorandum M-21-26: Increasing Opportunities for Domestic Sourcing and Reducing the Need for Waivers from Made in America Laws

Other Resources

Remarks By President Biden on Delivering On Made In America Commitments

Build America, Buy America Factsheet and FAQs for Award Recipients

Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers

Remarks by President Biden on the Importance of American Manufacturing | The White House

FACT SHEET: Biden-Harris Administration Delivers on Made in America Commitments

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