U.S. Code » Title 41 » Subtitle Subtitle IV— Miscellaneous › Chapter CHAPTER 83— BUY AMERICAN

41 U.S.C. § 8302

American materials required for public use

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(a)In General.—(1)Allowable materials.—Only unmanufactured articles, materials, and supplies that have been mined or produced in the United States, and only manufactured articles, materials, and supplies that have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, shall be acquired for public use unless the head of the Federal agency concerned determines their acquisition to be inconsistent with the public interest, their cost to be unreasonable, or that the articles, materials, or supplies of the class or kind to be used, or the articles, materials, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.(2)Exceptions.—This section does not apply—(A) to articles, materials, or supplies for use outside the United States;(B) to any articles, materials, or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding (as described in section 8304 of this title), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation; and(C) to manufactured articles, materials, or supplies procured under any contract with an award value that is not more than the micro-purchase threshold under section 1902 of this title.(b)Reports.—(1)In general.—Not later than 180 days after the end of the fiscal year during which the Build America, Buy America Act is enacted, and annually thereafter for 4 years, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the total amount of acquisitions made by Federal agencies in the relevant fiscal year of articles, materials, or supplies acquired from entities that mine, produce, or manufacture the articles, materials, or supplies outside the United States.(2)Exception for intelligence community.—This subsection does not apply to acquisitions made by an agency, or component of an agency, that is an element of the intelligence community as specified in, or designated under, section 3 of the National Security Act of 1947 (50 U.S.C. 3003).(c)Special Rules.—The following rules apply in carrying out the provisions of subsection (a):(1)Iron and steel manufactured in the united states.—For purposes of this section, manufactured articles, materials, and supplies of iron and steel are deemed manufactured in the United States only if all manufacturing processes involved in the production of such iron and steel, from the initial melting stage through the application of coatings, occurs in the United States.(2)Limitation on exception for commercially available off-the-shelf items.—Notwithstanding any law or regulation to the contrary, including section 1907 of this title and the Federal Acquisition Regulation, the requirements of this section apply to all iron and steel articles, materials, and supplies.(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3831; Pub. L. 117–58, div. G, title IX, § 70922(a), (c), (e)(1), Nov. 15, 2021, 135 Stat. 1303, 1304.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

8302

41:10a.

Mar. 3, 1933, ch. 212, title III, § 2, 47 Stat. 1520; Pub. L. 100–418, title VII, § 7005(b), Aug. 23, 1988, 102 Stat. 1553; Pub. L. 103–355, title IV, § 4301(b), Oct. 13, 1994, 108 Stat. 3347; Pub. L. 110–28 title VIII, § 8306, May 25, 2007, 121 Stat. 211.

In subsection (a), the words “Notwithstanding any other provision of law” are omitted as unnecessary.

In subsection (b)(1), reference to fiscal years 2007 and 2008 is omitted as obsolete.

Editorial NotesReferences in Text

The Build America, Buy America Act, referred to in subsec. (b)(1), is Pub. L. 117–58, div. G. title IX, subtitle A, Nov. 15, 2021, 135 Stat. 1294, which is set out in a note under section 8301 of this title. The Act was enacted in fiscal year 2022.

Amendments

2021—Subsec. (a)(1). Pub. L. 117–58, § 70922(e)(1)(A), substituted “Federal agency” for “department or independent establishment” and “their acquisition to be inconsistent with the public interest, their cost to be unreasonable, or that the articles, materials, or supplies of the class or kind to be used, or the articles, materials, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality” for “their acquisition to be inconsistent with the public interest or their cost to be unreasonable”.

Subsec. (a)(2)(B). Pub. L. 117–58, § 70922(e)(1)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “if articles, materials, or supplies of the class or kind to be used, or the articles, materials, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and are not of a satisfactory quality; and”.

Subsec. (b). Pub. L. 117–58, § 70922(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to submission of reports no later than 180 days after the end of each of fiscal years 2009 through 2011.

Subsec. (c). Pub. L. 117–58, § 70922(a), added subsec. (c).

Statutory Notes and Related SubsidiariesChange of Name

Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Notes of Decisions
Cited in 13 cases (8 in the last 5 years), 2012–2025 · leading case: Antilles Cement Corp. v. Cemex De Puerto Rico, Inc., 670 F.3d 310 (1st Cir. 2012).
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Antilles Cement Corp. v. Cemex De Puerto Rico, Inc., 670 F.3d 310 (1st Cir. 2012). · cites it 3× “” 41 U.S.C. §§ 8302 (a)(1); 8303(b)(3). Law 109 evis *325 cerates this exemption.”
United States v. Roger Pace, 48 F.4th 741 (7th Cir. 2022). · cites it 2× “§ 9831 (a) (chapter would be inapplicable only to governmental group health plans with fewer than two participants); 41 U.S.C. § 8302 (a)(2) (section would be inapplicable only to articles, materials, or supplies for use outside the United States, pro- cured by a reciprocal…”
Acetris Health, LLC v. United States, 949 F.3d 719 (Fed. Cir. 2020). “41 U.S.C. § 8302 (a)(1) (emphasis added).”
Cosette Pharm., Inc. v. United States (Fed. Cl. 2025). · cites it 3× “41 U.S.C. § 8302 (a)(1). As noted, this bid protest turns in large part on the construction and application of the second statute, the Trade Agreements Act of 1979, 19 U.”
The Davinci Co., LLC v. United States (Fed. Cl. 2025). · cites it 2× “41 U.S.C. § 8302 (a)(1). The VA categorized this procurement as a BAA small business set-aside, thereby, as defendant claims, nullifying the TAA’s 1 An unredacted version of this opinion was issued under seal on July 31, 2025.”
Scutellaro v. Capitol Supply, Inc. (D.D.C. 2017). “41 U.S.C. § 8302 (a)(1). The TAA provides that “the President may waive” the requirements of the BAA “with respect to eligible products of any foreign country or instrumentality designated under subsection (b) of this section.”
Acetris Health, LLC v. United States (Fed. Cl. 2018). “” 41 U.S.C. § 8302 (a) (2012); accord Federal Acquisition Regulation (“FAR”) 25.”
Acetris Health, LLC v. United States (Fed. Cl. 2018). “” 41 U.S.C. § 8302 (a) (2012); accord Federal Acquisition Regulation (“FAR”) 25.”
Vectrus Servs. A/S v. United States (Fed. Cl. 2023). “43 , 48 (2018) (explaining that “the Buy American Act restricts the goods that can be acquired by the federal government,” citing 41 U.S.C. § 8302 (a), but that “[t]he Trade Agreements Act allows the federal government to waive the Buy American statute,” citing 19 U.”
North Sight Commc'ns, LLC. v. Municipio Autonomo De Aguadilla (2024). “41 U.S.C.A. § 8302 (a)(1). (Énfasis suplido).”
Medina v. Howmedica Osteonics Corp. (D.N.J. 2022). “41 U.S.C. § 8302 . Thus, goods and services acquired by the United States must comply with the Buy American Act and/or the TAA.”
Russ v. North Am. Rescue, LLC (E.D. Pa. 2024). “The TAA is codified at 41 U.S.C. § 8302 . 3 Defendants do not challenge Plaintiffs’ characterization of the Berry Amendment, the Buy American Act, or the TAA.”
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