"Buy America laws create demand for domestically produced goods, helping to sustain and grow domestic manufacturing and the millions of jobs domestic manufacturing supports…"
– Build America, Buy America Act
The "Build America, Buy America Act" requires that U.S.-produced materials must be used when spending federal funds to build, alter, repair or maintain infrastructure projects.
This page has information about the Act's requirements, guidance documents on the waiver and comment process, and the full list of NSF waiver requests.
What are the Act's requirements?
The "Build America, Buy America Act," signed into law Nov. 15, 2021, focuses on maximizing the federal government’s use of services, goods, products and materials produced and offered in the United States. The Act requires that all iron, steel, manufactured products and construction materials used in federally funded projects must be produced in the United States.
The U.S. National Science Foundation is working with the Made in America Office to coordinate compliance with these procurement requirements.
- See NSF's implementation of the Act to learn more.
How does the Act affect NSF awardees?
If you use NSF funds to purchase goods, products, and materials for any form of construction, alteration, maintenance or repair of infrastructure, you must follow the Act's provisions.
When necessary, award recipients may apply for a waiver from these requirements. NSF may waive the application of the domestic content procurement preference in the case of one of three exceptions:
- Public interest.
- Unreasonable cost.
- See Guidance on submission of an NSF waiver request to learn more.
How can the public comment on waiver requests?
The "Build America, Buy America Act" requires that NSF make a proposed waiver available for a 15-day public comment period before it issues the waiver. Once the public comment period has closed, NSF will consider any comments it received in its evaluation of the waiver request.
- See How to submit public comments to learn more.
View all NSF waiver requests:
View all Made in America procurement requests:
- Executive Order 14005: Ensuring the Future is Made in All of America by All of America’s Workers
- Memorandum M-21-26: Increasing Opportunities for Domestic Sourcing and Reducing the Need for Waivers from Made in America Laws
- Memorandum 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-22-11: Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure
- Public Law 117-58: "Infrastructure Investment and Jobs Act"
- Title IX "Build America, Buy America Act"
- The White House and Office of Management and Budget Made in America webpage
In his first week in office, President Biden signed Executive Order 14005, Ensuring the Future is Made in America by All of America’s Workers, launching a whole-of-government initiative to strengthen the use of federal procurement to support American manufacturing. The "Infrastructure Investment and Jobs Act" was signed into law Nov. 15, 2021, which included the "Build America, Buy America Act."
The Act supports the president’s vision of a future made in all of America — by all of America’s workers — in every region, of every background including minority entrepreneurs and small businesses. The Act's policies seek to empower workers, increase reliance on domestic supply chains, and ultimately reduce the need to spend taxpayer dollars on foreign-made goods.