eCommons

 

Domestic Content Legislation: The Buy American Act and Complementary Little Buy American Provisions

Other Titles

Abstract

[Excerpt] Congress has broad authority to place conditions on the purchases made by the federal government or with federal dollars. One of many conditions that it has placed on direct government purchases is a requirement that they be produced in the United States. The most familiar of these requirements is known as the Buy American Act, which is the major domestic preference statute governing procurement by the federal government. The Buy American Act applies to direct purchases by the federal government of more than $3,000, providing the purchase is consistent with the public interest, the items or services are reasonable in cost, and they are for use in the United States. The act requires that “substantially all” of the acquisition be attributable to American-made components. Regulations have interpreted this requirement to mean that at least 50% of the cost must be attributable to American content. While the act has only been substantively amended four times since its enactment in 1933, every Congress in the intervening years has seen fit to enact some form of additional domestic preference legislation. This legislation has been generally directed at purchases that for some reason were not governed by the Buy American Act and often took the form of temporary law that was enacted Congress after Congress, often as an appropriations rider to deny the use of funds to purchase goods that were not of domestic origin. While this approach has not been abandoned, the current trend appears to be to codify these “Little Buy American Acts” as permanent law. This report summarizes (1) the Buy American Act, what it does and does not cover; (2) the Little Buy American Acts found in permanent law, emphasizing what they govern, major exceptions, and why Congress felt them necessary in light of the requirements of the Buy American Act; and (3) the temporary Little Buy American provision found in the American Recovery and Reinvestment Act.

Journal / Series

Volume & Issue

Description

Sponsorship

Date Issued

2012-04-25

Publisher

Keywords

Buy American Act; Congress; domestic content; Little Buy American Acts; legislation

Location

Effective Date

Expiration Date

Sector

Employer

Union

Union Local

NAICS

Number of Workers

Committee Chair

Committee Co-Chair

Committee Member

Degree Discipline

Degree Name

Degree Level

Related Version

Related DOI

Related To

Related Part

Based on Related Item

Has Other Format(s)

Part of Related Item

Related To

Related Publication(s)

Link(s) to Related Publication(s)

References

Link(s) to Reference(s)

Previously Published As

Government Document

ISBN

ISMN

ISSN

Other Identifiers

Rights

Rights URI

Types

government record

Accessibility Feature

Accessibility Hazard

Accessibility Summary

Link(s) to Catalog Record