Domestic Content Restrictions: The Buy American Act and Complementary Provisions of Federal Law [January 6, 2014]   [open pdf - 426KB]

"Broadly understood, 'domestic content restrictions' are provisions which require that items purchased using specific funds appropriated by Congress be produced or manufactured in the United States. Federal law contains a number of such restrictions, each of which applies to different entities and supplies, and imposes somewhat different requirements. Some of these restrictions have, however, been waived pursuant to the Trade Agreements Act (TAA). The Buy American Act of 1933 is the earliest and arguably the best known of the major domestic content restrictions. […] The Berry Amendment, as currently codified in 10 U.S.C. §2533a, requires that food, clothing, tents, certain textile fabrics and fibers, and hand or measuring tools purchased by the Department of Defense (DOD) using appropriated or other funds be entirely grown, reprocessed, reused, or produced within the United States, with certain exceptions (e.g., procurements by vessels in foreign waters). […] The Buy America Act is the name commonly given to domestic content restrictions imposed on states, localities, and other non-federal entities as a condition of receiving certain grant funds administered by the Department of Transportation. The nature of the restrictions can vary depending upon the funds involved."

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CRS Report for Congress, R43354
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