Buy-American Restrictions
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The Buy American Act (originally , now ) passed in 1933 by the
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
and signed by President Hoover on his last full day in office (March 3, 1933), required the
United States government The Federal Government of the United States of America (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States. The U.S. federal government is composed of three distinct ...
to prefer U.S.-made products in its purchases. Other pieces of federal legislation extend similar requirements to third-party purchases that utilize federal funds, such as highway and transit programs. In July 2024, the Congress passed the All-American Flag Act requiring U.S. government to buy only U.S.-made American flags
41 U.S.C. § 6310
The Buy American Act is not to be confused with the very similarly named "
Buy America Act Section 165 () of the Surface Transportation Assistance Act of 1982 (commonly called the Buy America Act) is a section of the larger STAA that deals with purchases related to rail or road transportation. Unlike the similarly titled Buy Ameri ...
" that came into effect 50 years later. The latter, a provision of the
Surface Transportation Assistance Act The Surface Transportation Assistance Act of 1982 was a comprehensive transportation funding and policy act of the United States Federal Government, . The legislation was championed by the Reagan administration to address concerns about the su ...
of 1982, is 49 U.S.C., § 5323 (j), and applies only to mass-transit-related procurements valued over US$100,000 and funded at least in part by federal grants. In certain government procurements, the requirement purchase may be waived by the Contracting Officer or the Head of the Contracting Activity (HCA) if the domestic product is 25% or more expensive than an identical foreign-sourced product, if the product is not available domestically in sufficient quantity or quality, or if doing so is in the public's interest. The
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...
has the authority to waive the Buy American Act within the terms of a reciprocal agreement or otherwise in response to the provision of reciprocal treatment to U.S. producers. Under the 1979
General Agreement on Tariffs and Trade The General Agreement on Tariffs and Trade (GATT) is a legal agreement between many countries, whose overall purpose was to promote international trade by reducing or eliminating trade barriers such as tariffs or quotas. According to its p ...
(GATT) Government Procurement Code, the U.S.–Israel Free Trade Agreement, the U.S.–Canada Free Trade Agreement, and the
World Trade Organization The World Trade Organization (WTO) is an intergovernmental organization headquartered in Geneva, Switzerland that regulates and facilitates international trade. Governments use the organization to establish, revise, and enforce the rules that g ...
(WTO) 1996
Agreement on Government Procurement The Agreement on Government Procurement (GPA) is a plurilateral agreement under the auspices of the World Trade Organization (WTO) which regulates the procurement of goods and services by the public authorities of the parties to the agreement, ba ...
(GPA), the United States provides access to the government procurement of certain U.S. agencies for goods from the other parties to those agreements. However, the Buy American Act was excluded from the GPA's coverage.


See also

*
Berry Amendment The Berry Amendment (USC, Title 10, Section 2533a), requires the Department of Defense (DOD) to give preference in procurement to domestically produced, manufactured, or home-grown products, most notably food, clothing, fabrics, and specialty meta ...
*
Trade Agreements Act of 1979 The Trade Agreements Act of 1979 (TAA), , codified at (), is an Act of Congress that governs trade agreements negotiated between the United States and other countries under the Trade Act of 1974. It provided the implementing legislation for t ...
*
Made in USA A Made in USA mark is a country of origin label affixed to American-made products that indicates the product is "all or virtually all" domestically produced, manufactured and assembled in the United States. The label is regulated by the Federal ...
*
American nationalism American nationalism is a form of civic, ethnic, cultural or economic influences * * * * * * * found in the United States. Essentially, it indicates the aspects that characterize and distinguish the United States as an autonomous political com ...
* All-American Flag Act


References

1933 in American law 72nd United States Congress United States federal commerce legislation United States federal trade legislation Protectionism in the United States American nationalism {{US-fed-statute-stub