---
kind: "range"
citation: "41 U.S.C. §§ 8301–8303"
title: "41"
from: "8301"
to: "8303"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/41/8301..8303"
---

# §8301. Definitions


In this chapter:

- (1) **Public building, public use, and public work.—** The terms “public building”, “public use”, and “public work” mean a public building of, use by, and a public work of, the Federal Government, the District of Columbia, Puerto Rico, American Samoa, and the Virgin Islands.
- (2) **United states.—** The term “United States” includes any place subject to the jurisdiction of the United States.
- (3) **Federal agency.—** The term “Federal agency” has the meaning given the term “[executive agency](/usc/41/3302.md?p=a-1)” in [section 133 of this title](/usc/41/133.md).

# §8302. American materials required for public use

- (a) **In General.—**
  - (1) **Allowable materials.—** Only unmanufactured articles, materials, and supplies that have been mined or produced in the [United States](/usc/41/8301.md?p=2), and only manufactured articles, materials, and supplies that have been manufactured in the [United States](/usc/41/8301.md?p=2) substantially all from articles, materials, or supplies mined, produced, or manufactured in the [United States](/usc/41/8301.md?p=2), shall be acquired for [public use](/usc/41/8301.md?p=1) unless the head of the [Federal agency](/usc/41/8301.md?p=3) 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](/usc/41/8301.md?p=2) 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](/usc/41/8301.md?p=2);
    - (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](/usc/41/8304.md)), 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](/usc/41/1902.md).
- (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](/usc/41/7101.md?p=1) of General Services, shall submit to the [Committee](/usc/41/8501.md?p=2) on Homeland Security and Governmental Affairs of the Senate and the [Committee](/usc/41/8501.md?p=2) on Oversight and Reform of the House of Representatives a report on the total amount of acquisitions made by [Federal agencies](/usc/41/8301.md?p=3) 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](/usc/41/8301.md?p=2).
  - (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](/usc/50/3003.md)).
- (c) **Special Rules.—** The following rules apply in carrying out the provisions of [subsection (a)](#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](/usc/41/8301.md?p=2) 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](/usc/41/8301.md?p=2).
  - (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](/usc/41/1907.md) and the Federal Acquisition Regulation, the requirements of this section apply to all iron and steel articles, materials, and supplies.

# §8303. Contracts for public works

- (a) **In General.—** Every contract for the construction, alteration, or repair of any [public building](/usc/41/8301.md?p=1) or [public work](/usc/41/8301.md?p=1) in the [United States](/usc/41/8301.md?p=2) shall contain a provision that in the performance of the work the contractor, subcontractors, material men, or suppliers shall use only—
  - (1) unmanufactured articles, materials, and supplies that have been mined or produced in the [United States](/usc/41/8301.md?p=2); and
  - (2) manufactured articles, materials, and supplies that have been manufactured in the [United States](/usc/41/8301.md?p=2) substantially all from articles, materials, or supplies mined, produced, or manufactured in the [United States](/usc/41/8301.md?p=2).
- (b) **Exceptions.—**
  - (1) **In general.—** This section does not apply—
    - (A) to articles, materials, or supplies for use outside the [United States](/usc/41/8301.md?p=2);
    - (B) to any articles, materials, or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding (as described in [section 8304](/usc/41/8304.md)), 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](/usc/41/1902.md).
  - (2) **Particular article, material, or supply.—** If the head of the [Federal agency](/usc/41/8301.md?p=3) making the contract finds that it is impracticable to comply with [subsection (a)](#a) for a particular article, material, or supply or that it would unreasonably increase the cost, an exception shall be noted in the specifications for that article, material, or supply and a public record of the findings that justified the exception shall be made.
  - (3) **Waiver authority.—** [Subsection (a)](#a) shall be regarded as requiring the purchase, for [public use](/usc/41/8301.md?p=1) within the [United States](/usc/41/8301.md?p=2), of articles, materials, or supplies manufactured in the [United States](/usc/41/8301.md?p=2) in sufficient and reasonably available commercial quantities and of a satisfactory quality, unless the head of the [Federal agency](/usc/41/8301.md?p=3) 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](/usc/41/8301.md?p=2) in sufficient and reasonably available commercial quantities and of a satisfactory quality.
- (c) **Special Rules.—**
  - (1) **Production of iron and steel.—** For purposes of this section, manufactured articles, materials, and supplies of iron and steel are deemed manufactured in the [United States](/usc/41/8301.md?p=2) 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](/usc/41/8301.md?p=2).
  - (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](/usc/41/1907.md) and the Federal Acquisition Regulation, the requirements of this section apply to all iron and steel articles, materials, and supplies used in contracts described in [subsection (a)](#a).
- (d) **Results of Failure To Comply.—** If the head of a [Federal agency](/usc/41/8301.md?p=3) that has made a contract containing the provision required by [subsection (a)](#a) finds that there has been a failure to comply with the provision in the performance of the contract, the head of the [Federal agency](/usc/41/8301.md?p=3) shall make the findings public. The findings shall include the name of the contractor obligated under the contract. The contractor, and any subcontractor, material man, or supplier associated or affiliated with the contractor, shall not be awarded another contract for the construction, alteration, or repair of any [public building](/usc/41/8301.md?p=1) or [public work](/usc/41/8301.md?p=1) for 3 years after the findings are made public.