Programs and Definitions: Build America, Buy America Act

Subject to BABAA

NOT Subject to BABAA


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 (AFG)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)TBD
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
Safeguarding Tomorrow Through Ongoing Risk Mitigation (STORM) Act revolving loan fundTBD
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 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
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
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).

Includes an article, material, or supply—other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is or consists primarily of:

  • non-ferrous metals;
  • plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);
  • glass (including optic glass);
  • lumber; or
  • drywall

BABAA § 70917(c)(1)

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. 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. It does not include expenditures for assistance authorities relating to major disasters or emergencies under sections 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act relating to a major disaster or emergency declared under section 401 or 501, respectively, or pre and post disaster or emergency response expenditures.

BABAA § 70912(4); 2 C.F.R. § 200.1

Includes, at a minimum, the structures, facilities, and equipment for, in the United States, 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. Infrastructure includes facilities that generate, transport, and distribute energy.

BABAA § 70912(5)

For iron or steel products, it means all manufacturing processes from initial melting stage through application of coatings must occur in the United States; for manufactured products, it means 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 percent of the total cost of all components;  and for construction materials, it means all manufacturing processes occurred in the United States. BABAA § 70912(6).

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

Last updated May 13, 2022