Programs and Definitions: Build America, Buy America Act

Subject to BABAA

NOT Subject to BABAA

Definitions

Browse this page for listings of which FEMA federal financial assistance programs are and are not subject to the "Buy America" preference, as well as definitions of key terms.

FEMA Grant Programs

Subject to "Buy America" Preference

The FEMA federal financial assistance programs in the below table ARE subject to the Build America, Buy America Act (BABAA)'s "Buy America" preference.

Return to the "Buy America" webpage for information about applying and interpreting the guidance.

FEMA Grant ProgramAssistance Listing Number
Assistance to Firefighters Grant Program (AFGP)97.044
Building Resilient Infrastructure and Communities (BRIC)97.047
Chemical Stockpile Emergency Preparedness Program (CSEPP)97.040
Emergency Food and Shelter Program (EFSP – Regular & Humanitarian)97.024
Emergency Management Performance Grant Program (EMPG)97.042
Emergency Operations Center Grant Program (EOCGP)97.052
Fire Prevention & Safety (FP&S)97.044
Flood Mitigation Assistance (FMA) (including Swift Current)97.029
Homeland Security Grant Program (HSGP)97.067
Intercity Bus Security Grant Program (IBSGP)97.057
Intercity Passenger Rail (IPR)97.075
Next Generation Warning System (NGWS)97.138
Nonprofit Security Grant Program (NSGP)97.008
Port Security Grant Program (PSGP)97.056
Pre-Disaster Mitigation (PDM)97.047
Rehabilitation of High Hazard Potential Dams (HHPD)97.041
Shelter and Services Program (SSP)97,141
Staffing for Adequate Fire and Emergency Response (SAFER)97.083
State and Local Cybersecurity Grant Program (SLCGP)97.137
Transit Security Grant Program (TSGP)97.075
Tribal Cybersecurity Grant Program (TCGP)97.137
Tribal Homeland Security Grant Program (THSGP)97.067
Urban Search & Rescue (US&R)97.025

NOT Subject to "Buy America" Preference

The FEMA federal financial assistance programs in the below table are NOT subject to the Build America, Buy America Act (BABAA)'s "Buy America" preference.

FEMA Grant Program Assistance Listing Number
Alternatives to Detention (ATD) Case Management Pilot Program (CMPP)97.102
Community Assistance Program – State Support Services Element (CAP-SSSE)97.023
Community Disaster Loans (CDL)97.030
Continuing Training Grant - Mississippi Grant University (CTG-MSU)97.005
Continuing Training Grant - National Cybersecurity Preparedness Consortium (CTG-NCPC)97.005
Continuing Training Grant (CTG)97.005
Cooperating Technical Partners Grant Program (CTP)97.045
Crisis Counseling Program (CCP)97.032
Disaster Case Management (DCM)97.088
Disaster Legal Services97.033
Disaster Unemployment Assistance (DUA)97.034
Emergency Management Baseline Assessment Grant (EMBAG)97.131
Fire Management Assistance Grant Program (FMAG)97.046
Hazard Mitigation Grant Program (HMGP)97.039
Homeland Security Preparedness Technical Assistance Program (HSPTAP)97.007
Individuals and Households Program – Housing (IHP – HA)97.048
Individuals and Households Program – Other Needs Assistance (IHP – ONA)97.050
Interoperable Communications Grant97.055
National Dam Safety Program (NDSP)97.041
National Domestic Preparedness Consortium (NDPC)97.005
National Earthquake Hazards Reduction Program - Individual State Earthquake Assistance (NEHRP-ISEA)97.082
National Earthquake Hazards Reduction Program - Multi-State and National Earthquake Assistance (NEHRP-MSNEA)97.082
National Incident Management System (NIMS)97.107
Presidential Residence Protection Assistance Program (PRPA)97.134
Public Assistance Grant Program (PA)97.036
Regional Catastrophic Preparedness Grant Program (RCPGP)97.111
Safeguarding Tomorrow Through Ongoing Risk Mitigation (STORM) Act revolving loan fund97.139
State Fire Training Systems Grant Program (SFTS)97.043
Targeted Violence and Terrorism Prevention (TVTP)97.132

Key Definitions

Below are key terms as defined by the Build America, Buy America Act (BABAA).

The “domestic content procurement preference” set forth in section 70914 of the Build America, Buy America Act, which requires the head of each federal agency to ensure that none of the funds made available for a federal award for an infrastructure project may be obligated unless all of the iron, steel, manufactured products, and construction materials incorporated into the project are produced in the United States. See 2 C.F.R. Part 184.3.

Articles, materials, or supplies that consist of only one of the items listed in paragraph (1) of this definition, except as provided in paragraph (2) of this definition. To the extent one of the items listed in paragraph (1) contains as inputs other items listed in paragraph (1), it is nonetheless a construction material.

All iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. See BABAA § 70912(2)

Assistance that non-federal entities receive or administer in the form of grants, cooperative agreements, non-cash contributions or donations of property, direct assistance, loans, loan guarantees, and other types of financial assistance.

Public infrastructure projects in the United States, which include, at a minimum, the structures, facilities, and equipment for roads, highways and bridges; public transportation; dams, ports, harbors and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and structures, facilities and equipment that generate, transport and distribute energy including electric vehicle (EV) charging.

Any activity related to the construction, alteration, maintenance or repair of infrastructure in the United States regardless of whether infrastructure is the primary purpose of the project. See also paragraphs (c) and (d) of 2 C.F.R. 184.4. See 2 C.F.R. Part 184.3.

Articles, materials or supplies that consist wholly or predominantly of iron or steel or a combination of both. See 2 C.F.R. Part 184.3.

Articles, materials, or supplies that have been processed into a specific form and shape or combined with other articles, materials or supplies to create a product with different properties than the individual articles, materials or supplies. 

The cost of the iron and steel content exceeds 50% of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings or forgings used in the manufacture of the product and a good faith estimate of the cost of iron or steel components. See2 C.F.R. Part 184.3.

For iron or steel products, all manufacturing processes from initial melting stage through application of coatings must occur in the United States; for manufactured products, the product was manufactured in the United States, the cost of product components that are mined, produced or manufactured in the United States is at least 55% of the total cost of all components; and for construction materials, it means all manufacturing processes occurred in the United States. See BABAA § 70912(6).

The construction, alteration, maintenance, or repair of infrastructure in the United States. BABAA § 70912(7).

Cement and cementitious materials; aggregates such as stone, sand or gravel; or aggregate binding agents or additives. See Section 70917(c) of the Build America, Buy America Act. See 2 C.F.R. Part 184.3.

Last updated