Buy America Preference in FEMA Financial

Assistance Programs for Infrastructure

FEMA Interim Policy #207-22-0001 

BACKGROUND 

Section 70914 of the Build America, Buy America Act (BABAA), Pub. L. No. 117-58, §§ 70901-

52, requires all federal agencies, including FEMA, to ensure that no federal financial 

assistance for “infrastructure” projects is provided “unless all of the iron, steel, manufactured

products, and construction materials used in the project are produced in the United States.”

On April 18, 2022, the Office of Management and Budget (OMB) issued OMB Memorandum 

M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal 

Financial Assistance Programs for Infrastructure (OMB Memo M-22-11). This memo provides 

implementation guidance for federal agencies on the application of a domestic preference to 

federal financial assistance programs for infrastructure and a transparent process to waive 

such preference, when necessary. 

PURPOSE 

The purpose of this interim policy is to provide guidance on FEMA’s implementation of the

BABAA requirements and outline FEMA’s process for waiving domestic preferences, when 

necessary. These domestic preference requirements apply to new infrastructure awards under 

FEMA financial assistance programs for infrastructure made on or after May 14, 2022, as well 

as new funding FEMA obligates to existing awards or through renewal awards where the new 

funding is obligated on or after May 14, 2022.

1 

PRINCIPLES 

A. Ensure that FEMA financial assistance programs subject to BABAA are identified and 

adhere to new domestic preference requirements. 

B. Provide clarity on how BABAA requirements apply to FEMA financial assistance programs. 

C. Reduce complexity by issuing a single policy on BABAA requirements for all FEMA 

financial assistance programs. 

D. Implement transparent processes by which to consider BABAA waiver requests and criteria 

to apply when making decisions on waivers. 

1 FEMA determined that it was in the public interest to issue a general applicability waiver of the BABAA requirements to 

allow for an adjustment period in order for FEMA, its recipients, subrecipients, industry partners, and other stakeholders to 

develop and transition to the new compliance and certification process for iron, steel, manufactured products, and 

construction materials. This waiver is effective from July 1, 2022, and will remain in effect for six (6) months, through 

January 1, 2023. The domestic preference requirements will not attach to awards or funding obligated during this waiver 

period and will only attach to awards or funding obligated on or after January 2, 2023. 

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REQUIREMENTS 

APPLICABILITY 

A. DOMESTIC PREFERENCE 

Outcome: Applicable FEMA recipients and subrecipients comply with domestic preference 

requirements. 

New awards under FEMA financial assistance programs subject to the BABAA requirements 

made on or after May 14, 2022, as well as new funding FEMA obligates to existing awards or 

through renewal awards on or after May 14, 2022, must comply with the following domestic 

preference requirements2: 

1. All iron and steel used in the project are produced in the United States. This means all 

manufacturing processes, from the initial melting stage through the application of coatings, 

occurred in the United States. 

2. All manufactured products purchased with FEMA financial assistance must be produced in 

the United States. For a manufactured product to be considered produced in the United 

States, the cost of the components of the manufactured product that are mined, produced, 

or manufactured in the United States must be greater than 55% of the total cost of all 

components of the manufactured product, unless another standard for determining the 

minimum amount of domestic content of the manufactured product has been established 

under applicable law or regulation. 

3. All construction materials are manufactured in the United States. This means that all 

manufacturing processes for the construction material occurred in the United States. 

B. FEMA FINANCIAL ASSISTANCE PROGRAMS 

1. FEMA has determined that the financial assistance programs hereto attached as “Appendix 

A” are subject to domestic preference requirements under BABAA. 

2. FEMA has determined that the financial assistance programs hereto attached as “Appendix 

B” are not subject to domestic preference requirements under BABAA. 

C. INFRASTRUCTURE PROJECTS 

Outcome: Applicable infrastructure projects are subject to domestic preference requirements. 

2 BABAA §§ 70914(a), 70912(2) & (6)(B); M-22-11. 

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1. Domestic preferences under BABAA only apply to articles, materials, and supplies that are 

consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not 

apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the 

construction site and removed at or before the completion of the infrastructure project. Nor 

does a domestic preference apply to equipment and furnishings, such as movable chairs, 

desks, and portable computer equipment, that are used at or within the finished 

infrastructure project but are not an integral part of or permanently affixed to the structure. 

2. Infrastructure, for the purposes of BABAA, includes, at a minimum, the structures, facilities, 

and equipment for, in the United States, roads, highways and bridges; public transportation; 

dams, ports, harbors and other maritime facilities; intercity passenger and freight railroads; 

freight and intermodal facilities; airports; water systems, including drinking water and 

wastewater systems; electrical transmission facilities and systems; utilities; broadband 

infrastructure; and buildings and real property. Infrastructure includes facilities that 

generate, transport, and distribute energy. 

3. If FEMA has determined that no funds from a particular award under a subject financial 

assistance program will be used for infrastructure, a domestic preference does not apply to 

that award. Similarly, a domestic preference does not apply to non-infrastructure spending 

under an award that also includes a covered project. A domestic preference applies to an 

entire infrastructure project, even if it is funded by both federal and non-federal funds under 

one or more awards. 

4. Examples of FEMA projects where the domestic preference does not apply include 

technical assistance, management costs, and debris removal projects. Under Hazard 

Mitigation Assistance Programs examples of projects and activities where the domestic 

preference does not apply include design and planning (although domestic preferences 

must be considered in planning to ensure compliance for construction projects e.g., designbuild contracts), project scoping/ advance assistance, partnerships, hazard mitigation 

planning and planning-related activities, codes and standards, and acquisition and 

demolition projects where there are no articles, materials and supplies that are consumed 

in, incorporated into or affixed to an infrastructure project. Projects consisting solely of the 

purchase, construction, or improvement of a private home (e.g., single, and multi-family 

residential structures) for personal use (not serving a public function), would not constitute 

an infrastructure project. The domestic preference requirements would also not apply to 

nonresidential structures3 that are privately owned and do not serve a public function.

4 

3 Non-residential structures include but are not limited to small business concerns, places of worship, schools, farm 

buildings (including grain bins and silos), pool houses, clubhouses, recreational buildings, mercantile structures, 

agricultural and industrial structures, warehouses, hotels, and motels with normal room rentals for less than 6 months’

duration, and nursing homes. 

4 In determining if a particular construction project meets the definition of infrastructure, FEMA will consider whether the 

project is publicly owned and operated, privately operated on behalf of the public, or is a place of public accommodation. 

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COMPLIANCE 

A. NOFO LANGUAGE, CONTRACT PROVISIONS, AND SELF-CERTIFICATIONS 

Outcome: Applicable FEMA recipients and subrecipients (and their contractors and 

subcontractors) are aware of, understand, and can certify compliance with the requirements of 

the BABAA. 

1. All Notices of Funding Opportunities (NOFOs) for FEMA financial assistance programs 

subject to BABAA will contain language explaining the BABAA requirements. NOFOs 

are then incorporated as terms and conditions of the award. Recipients and 

subrecipients must refer to the relevant NOFO as well as specific terms and conditions 

in the award for BABAA requirements. Where FEMA has previously published the 

NOFO without information about BABAA applicability, FEMA will add similar language 

directly to the applicable award when obligating the funding. 

2. All FEMA awards, whether the program is subject to BABAA or not, will also include the 

DHS Standard Terms and Conditions, which include BABAA language as well. If 

recipients or subrecipients are unsure whether BABAA applies to their funding, they 

should reach out to fema-gpd-policy@fema.dhs.gov. 

3. All recipient and subrecipient contracts under FEMA financial assistance awards for 

infrastructure issued on or after May 14, 2022, must include a contract provision 

explaining the BABAA requirements and a self-certification where contractors can certify 

compliance with domestic preference requirements outlined in the BABAA 

Requirements section of this policy. 

a. For the required contract provision and self-certification, recipients and 

subrecipients may draft their own provision and self-certification that meet the 

BABAA requirements to include in contracts and subcontracts. Alternatively, they 

may include language attached as Appendix D,“BABAA Contract Provision and

Self-Certification,” in their contracts and subcontracts. Recipients and

subrecipients should also consult their own contracting officials or legal counsel 

when incorporating any contract provision or self-certification. 

WAIVERS 

A. WAIVER AUTHORITY 

Outcome: Applicable FEMA recipients and subrecipients may request a waiver of the 

application of a domestic preference in certain limited circumstances. 

1. FEMA may waive the application of a domestic preference under a financial assistance 

program in any case in which the FEMA Administrator (or the relevant FEMA 

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Associate/Assistant Administrator in charge of a financial assistance program, acting as the 

Administrator’s designee) finds that5: 

a. Application of the BABAA requirements would be inconsistent with the public interest 

(a “public interest waiver”);

b. Types of iron, steel, manufactured products, or construction materials are not 

produced in the United States in sufficient and reasonably available quantities or of a 

satisfactory quality (a “nonavailability waiver”); or

c. The inclusion of iron, steel, manufactured products, or construction materials 

produced in the United States will increase the cost of the overall project by more 

than 25% (an “unreasonable cost waiver”).

B. WAIVER CRITERIA 

FEMA may reject or grant waivers in whole or in part, and, to the greatest extent practicable, 

waivers will be issued at the project level and be product specific. When necessary, FEMA 

may consider issuing a waiver that has applicability beyond a single project. However, FEMA 

will issue, construe, and apply waivers to ensure the maximum utilization of goods, products 

and materials produced in the United States, consistent with applicable law. FEMA will, at a 

minimum, consider the following principles before issuing a waiver of any type: 

1. Time-limited 

In certain limited circumstances, FEMA may determine that a waiver should be 

constrained principally by a length of time, rather than by the specific projects to which it 

applies. For example, waivers of this type may be appropriate when an item that is 

“nonavailable” is widely used in projects funded by a particular program’s awards. 

Moreover, given market fluctuations, waivers of this type may be appropriate when 

purchasing a subject domestic item will increase the cost of the overall project by more 

than 25%. When issuing such a waiver, FEMA should identify a short, definite time 

frame (e.g., no more than one to two years) designed to ensure that, as domestic 

supply becomes available, domestic producers will have prompt access to the market 

created by the program. 

2. Targeted 

Waivers that are not limited to particular projects should apply only to: 

a. item(s), product(s), or material(s); or 

b. category(ies) of item(s), product(s), or material(s). 

3. Conditional 

FEMA will consider issuing waivers with specific conditions that support the BABAA 

policies. 

5 BABAA § 70914(b). 

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C. WAIVER TYPE 

Outcome: Recipients and subrecipients understand the types of allowable waivers of the 

domestic preference. 

Waivers of the domestic preference will be categorized as one of the following waiver types: 

1. Public Interest Waivers 

a. A waiver in the public interest may be appropriate where FEMA determines that 

other important policy goals cannot be achieved consistent with the Buy America 

requirements established by BABAA, and the proposed waiver would not meet the 

requirements for a nonavailability or unreasonable cost waiver. Public interest 

waivers may have a variety of bases and should be project-specific whenever 

possible. All proposed waivers citing the public interest as the statutory basis must 

include a detailed written statement, which addresses all appropriate factors, such 

as potential obligations under international agreements and justifying why the 

requested waiver is in the public interest granting a waiver in the public interest. To 

the extent permitted by law, FEMA shall assess whether a significant portion of any 

cost advantage of a foreign-sourced product is the result of the use of dumped 

steel6, iron, or manufactured products or the use of injuriously subsidized steel, iron, 

or manufactured products.7 

b. Examples of public interest waivers may include: 

i. De minimis: Ease of administration is important to reduce burden for recipients 

and FEMA. FEMA may consider whether a general applicability public interest 

waiver should apply to infrastructure project purchases below a de minimis 

threshold. FEMA may consider whether a public interest waiver should apply 

when necessary to ensure that recipients and FEMA make efficient use of 

limited resources, especially if the cost of processing the individualized 

waiver(s) would risk exceeding the value of the items waived. FEMA may 

consider adopting an agency-wide public interest waiver that sets a de minimis 

threshold, for example, of 5% of project costs up to a maximum of $1 million. 

ii. Small Grants/Projects: FEMA may consider whether it is in the public interest to 

waive application of a domestic preference to awards or projects below the 

Simplified Acquisition Threshold. 

iii. Minor Components: FEMA may consider whether it is in the public interest to 

allow minor deviations for miscellaneous minor components within iron and 

steel products. A minor components waiver in the public interest may allow 

non-domestically produced miscellaneous minor components comprising no 

6 Note: Dumping (also known as selling at less than normal value), is a form of unfair or predatory (anti-competitive) 

pricing. This definition is not official but may be referenced. 7 Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers, 86 Fed. Reg. 7475 

(Jan. 25, 2021) (§ 5 Accounting for Sources of Cost Advantage). 

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more than 5% of the total material cost of an otherwise domestically produced 

iron and steel product to be used. It would not be in the public interest to use a 

minor components waiver to exempt a whole product from the iron and steel 

requirements, or to allow the primary iron or steel components of the product to 

be produced other than domestically. 

iv. Other Considerations: A waiver may be in the public interest in one 

circumstance, but not in another, and considerations will depend upon the 

nature and amount of resources available to the recipient, the value of the 

items, goods, or materials in question, the potential domestic job impacts, and 

other policy considerations, including sustainability, equity, accessibility, 

performance standards, and the domestic content (if any) of and conditions 

under which the non-qualifying good was produced. 

2. Nonavailability Waivers 

a. Before granting a nonavailability waiver, FEMA will consider whether the recipient 

has performed thorough market research, which may be accomplished with 

assistance from the agency, and adequately considered, where appropriate, 

qualifying alternate items, products, or materials. Waivers should describe the 

market research activities and methods used to identify domestically manufactured 

items capable of satisfying the requirement, including the timing of the research and 

conclusions reached on the availability of sources. 

3. Unreasonable Costs 

a. An unreasonable cost waiver is available if the inclusion of iron, steel, manufactured 

products, or construction materials produced in the United States will increase the 

cost of the overall project by more than 25%. Before granting an unreasonable cost 

waiver, to the extent permitted by law, FEMA will ensure the recipient has provided 

adequate documentation that no domestic alternatives are available within this cost 

parameter. For requests citing unreasonable cost as the statutory basis of the 

waiver, the waiver justification must include, as applicable, a comparison of the cost 

of the domestic product to the cost of the foreign product or a comparison of the 

overall cost of the project with domestic products to the overall cost of the project 

with foreign-origin products, pursuant to the requirements of BABAA. Publicly 

available cost comparison data may be provided in lieu of proprietary pricing 

information. 

4. General Applicability Waivers 

a. The term “general applicability waiver” refers to a waiver that applies generally 

across multiple awards. A general applicability waiver can be “product-specific” (e.g., 

applies only to a product or category of products) or “non-product specific” (e.g., 

applies to all “manufactured products”). General applicability waivers will be issued

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only when necessary to advance FEMA’s missions and goals, consistent with

BABAA and this guidance. 

D. INTERIM WAIVER PROCESS 

Outcome: Requests for waiver of a domestic preference by FEMA recipients and subrecipients 

are submitted and considered using a transparent process. See “FEMA BABAA Interim Waiver 

Process Workflow” hereto attached as Appendix E. FEMA estimates that the timeline for most 

waiver requests will be 45 calendar days from date of submission until final waiver 

determination is made. For renewals of general applicability waivers, FEMA estimates the 

timeline to be 60 calendar days from date of submission until final waiver determination is 

made due to the requirement for a longer public comment period. 

The steps below outline how FEMA accepts, reviews, and processes requests for the waiver of 

the domestic preference requirements. FEMA may request additional information or decline 

requests, with cause, during any of the steps outlined below: 

1. Recipient Submits Written Waiver Request to FEMA 

a. Recipients must submit a written waiver request to FEMA. All waiver requests must 

include a detailed justification for the use of goods, products, or materials mined, 

produced, or manufactured outside the United States and a certification that there was a 

good faith effort to solicit bids for domestic products supported by terms included in 

requests for proposals, contracts, and nonproprietary communications with potential 

suppliers. To the greatest extent practicable, each recipient waiver request submitted 

should include elements listed in, “Suggested Elements of Waiver Requests,” hereto

attached as Appendix C. 

b. Recipients must submit waiver requests to a FEMA grant representative. Subrecipients 

must coordinate with their pass-through agency, so they formally submit the request or 

endorse the submittal. 

c. FEMA does not accept waiver requests or product research requests directly from 

manufacturers, suppliers, or distributors. 

2. FEMA Performs Technical Review of Waiver Request 

a. FEMA reviews the recipient’s waiver request to make sure it is complete and includes 

all necessary elements. FEMA also reviews the recipient waiver against market and 

industry research to substantiate the need for a waiver. If information is missing, the 

recipient must provide it (e.g., specifications or product quantity) to FEMA within 15 

calendar days of request from FEMA. 

b. If the findings do not substantiate a need for a waiver of BABAA requirements, FEMA 

may ask the recipient for additional information or decline the request. 

3. FEMA Submits Proposed Waiver to OMB MIAO 

a. If the findings from the FEMA technical review support the need for a waiver, FEMA 

forwards the proposed recipient waiver request to the Office of Management and 

Budget’s (OMB) Made in America Office (MIAO) for preliminary review. 

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4. OMB MIAO Conducts Preliminary Review and Returns to FEMA 

a. OMB MIAO conducts a preliminary review and provides approval or comments. 

FEMA reviews and adjudicates MIAO comments prior to posting proposed waivers 

for public comment. 

5. FEMA Posts Proposed Waiver for Public Comment Period (15 or 30 calendar days) 

a. When the OMB MIAO provides preliminary approval of the waiver, FEMA posts the 

waivers (including all initial waiver requests) for 15 calendar days public comment 

period on the FEMA Build America, Buy America website or the U.S. General 

Services Administration (GSA) Made in America Office website (not available until 

November 15, 2022). FEMA posts renewals of general applicability waivers for a 30-

calendar day public comment period, as well as publishes them in the Federal 

Register. 

6. FEMA Submits the Waiver Package to OMB MIAO for Final Determination 

a. Once the public comment period has expired, FEMA reviews and adjudicates public 

comments received, as appropriate. If domestic alternatives are identified, FEMA 

coordinates with the recipient to ensure domestic products meet the requirements. If 

all public comments are adjudicated and no domestic alternatives meet project 

specifications and schedule, FEMA drafts a waiver decision memo. 

b. FEMA resubmits the recipient waiver request, public comments, and decision memo 

to OMB MIAO for consideration. 

7. OMB MIAO Conducts Final Determination Review and Returns to FEMA 

a. OMB MIAO reviews the proposed waiver, public comments, and FEMA decision 

memo to determine compliance with applicable law and policy. If OMB MIAO has 

comments, FEMA reviews and adjudicates them. 

8. FEMA Notifies Recipient 

a. When OMB MIAO provides final approval, FEMA notifies the recipient and updates 

the FEMA Build America, Buy America website with the waiver determination status. 

E. FEMA WAIVERS 

Outcome: Waivers are publicly accessible. 

FEMA approved waivers, as well as proposed waivers available for public comment, can be 

accessed at "Buy America" Preference in FEMA Financial Assistance Programs for 

Infrastructure | FEMA.gov. 

F. EXCEPTIONS FOR UNFORSEEN AND EXIGENT CIRCUMSTANCES 

Outcome: Justification for FEMA-approved waivers in unforeseen and exigent circumstances 

are properly documented. 

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__________________________________________ 

1. As an exception to the public transparency BABAA requirements, FEMA has the authority 

to waive application of domestic preferences without submitting the waiver for public 

comment and MIAO determination, only when necessary. 

2. Within 30 calendar days of waiver issuance, FEMA must submit a report to MIAO justifying 

its “unforeseen and exigent circumstances.”

Pamela S. Williams 

Assistant Administrator 

Grant Programs Directorate 

_11/16/22__________________________________ 

Date 

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ADDITIONAL INFORMATION 

REVIEW CYCLE 

FEMA Interim Policy #207-22-0001, Buy America Preference in FEMA Financial Assistance 

Programs for Infrastructure, will be reviewed, reissued, revised, and/or rescinded within one 

year of the issue date. 

AUTHORITIES and REFERENCES 

Authorities 

A. Infrastructure Investment and Jobs Act (IIJA), which includes Build America, Buy America 

Act (BABAA), Pub. L. No. 117-58, §§ 70901-52. 

B. 2 C.F.R. § 200.1. 

Note: Policies do not have the force and effect of law, except as authorized by law or as 

incorporated into a contract. 

References 

A. Office of Management and Budget (OMB) Memorandum M-22-11, Initial Implementation 

Guidance on Application of Buy America Preference in Federal Financial Assistance 

Programs for Infrastructure. 

B. Department of Homeland Security Standard Terms and Conditions. 

MONITORING AND EVALUATION 

FEMA monitors the implementation and compliance of this policy through regular desk, virtual 

and/or on-site reviews of financial assistance programmatic and financial requirements. FEMA 

coordinates with program offices, regional offices, interagency partners, and non-Federal 

stakeholders, as appropriate. FEMA provides technical assistance and recipient outreach, as 

necessary. 

Noncompliance with BABAA requirements results in potential issuance of corrective actions for 

any findings upon FEMA review, additional oversight, and specific terms and conditions 

imposed upon future awards, as appropriate. FEMA will consider feedback from stakeholders 

when issuing a final policy on implementation and enforcement. 

DEFINITIONS 

Construction Materials: Includes an article, material, or supply—other than an item of 

primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates 

such as stone, sand, or gravel; or aggregate binding agents or additives—that is or consists 

primarily of: 

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▪ non-ferrous metals; 

▪ plastic and polymer-based products (including polyvinylchloride, composite building 

materials, and polymers used in fiber optic cables); 

▪ glass (including optic glass); 

▪ lumber; or 

▪ drywall8. 

Domestic Content Procurement Preference: All iron and steel used in the project are 

produced in the United States; the manufactured products used in the project are produced in 

the United States; or the construction materials used in the project are produced in the United 

States.9 

Federal Financial Assistance: Assistance that non-federal entities receive or administer in the 

form of grants, cooperative agreements, non-cash contributions or donations of property, direct 

assistance, loans, loan guarantees, and other types of financial assistance. It does not include 

expenditures for assistance authorities relating to major disasters or emergencies under 

sections 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act relating to a major disaster or emergency declared under section 

401 or 501, respectively, or pre and post disaster or emergency response expenditures.10 

Infrastructure: Includes, at a minimum, the structures, facilities, and equipment for, in the 

United States, roads, highways and bridges; public transportation; dams, ports, harbors and 

other maritime facilities; intercity passenger and freight railroads; freight and intermodal 

facilities; airports; water systems, including drinking water and wastewater systems; electrical 

transmission facilities and systems; utilities; broadband infrastructure; and buildings and real 

property. Infrastructure includes facilities that generate, transport, and distribute energy.11 

Produced in the United States: For iron or steel products, it means all manufacturing 

processes from initial melting stage through application of coatings must occur in the United 

States; for manufactured products, it means the product was manufactured in the United 

States, the cost of product components that are mined, produced, or manufactured in the 

United States is greater than 55% of the total cost of all components; and for construction 

materials, it means all manufacturing processes occurred in the United States.12 

Project: The construction, alteration, maintenance, or repair of infrastructure in the United 

States.13 

8 BABAA § 70917(c)(1). 

9 BABAA § 70912(2). 

10 BABAA § 70912(4); 2 C.F.R. § 200.1 Federal financial assistance. 

11 BABAA § 70912(5). 

12 BABAA § 70912(6). 

13 BABAA § 70912(7). 

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QUESTIONS 

FEMA award recipients and subrecipients should direct their questions to fema-gpdpolicy@fema.dhs.gov. 

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APPENDIX A 

FEMA Financial Assistance Programs Subject to Domestic Preference 

FEMA Grant Program Assistance Listing Number 

Assistance to Firefighters Grant Program (AFG) 97.044 

Building Resilient Infrastructure and Communities (BRIC) 97.047 

Chemical Stockpile Emergency Preparedness Program 

(CSEPP) 

97.040 

Emergency Food and Shelter Program (EFSP – Regular & 

Humanitarian) 

97.024 

Emergency Management Performance Grant Program 

(EMPG) 

97.042 

Emergency Operations Center Grant Program (EOCGP) 97.052 

Fire Prevention & Safety (FP&S) 97.044 

Flood Mitigation Assistance (FMA) (including Swift Current) 97.029 

Homeland Security Grant Program (HSGP) 97.067 

Intercity Bus Security Grant Program (IBSGP) 97.057 

Intercity Passenger Rail (IPR) 97.075 

Next Generation Warning System (NGWS) TBD 

Nonprofit Security Grant Program (NSGP) 97.008 

Port Security Grant Program (PSGP) 97.056 

Pre-Disaster Mitigation (PDM) 97.047 

Rehabilitation of High Hazard Potential Dams (HHPD) 97.041 

Safeguarding Tomorrow Through Ongoing Risk Mitigation 

Revolving Loan Fund (Safeguarding Tomorrow RLF) 

97.139 

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Staffing for Adequate Fire and Emergency Response 

(SAFER) 

97.083 

State and Local Cybersecurity Grant Program (SLCGP) 97.137 

Transit Security Grant Program (TSGP) 97.075 

Tribal Cybersecurity Grant Program (TCGP) 97.137 

Tribal Homeland Security Grant Program (THSGP) 97.067 

Urban Search & Rescue (US&R) 97.025 

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APPENDIX B 

FEMA Financial Assistance Programs Not Subject to Domestic Preference 

FEMA Grant Program Assistance Listing Number 

Alternatives to Detention (ATD) Case Management Pilot 

Program (CMPP) 

97.102 

Community Assistance Program – State Support Services 

Element (CAP-SSSE) 

97.023 

Community Disaster Loans (CDL) 97.030 

Continuing Training Grant (CTG) 97.005 

Continuing Training Grant – Mississippi Grant University 

(CTG-MSU) 

97.005 

Continuing Training Grant – National Cybersecurity 

Preparedness Consortium (CTG-NCPC) 

97.005 

Cooperating Technical Partners Grant Program (CTP) 97.045 

Crisis Counseling Program (CCP) 97.032 

Disaster Case Management (DCM) 97.088 

Disaster Unemployment Assistance (DUA) 97.034 

Emergency Management Baseline Assessment Grant 

(EMBAG) 

97.131 

Fire Management Assistance Grant Program (FMAG) 97.046 

Hazard Mitigation Grant Program (HMGP) and HMGP Post 

Fire Assistance 

97.039 

Homeland Security Preparedness Technical Assistance 

Program (HSPTAP) 

97.007 

Individuals and Households Program – Housing (IHP – HA) 97.048 

Individuals and Households Program – Other Needs 

Assistance (INP – ONA) 

97.050 

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National Dam Safety Program (NDSP) 97.041 

National Domestic Preparedness Consortium (NDPC) 97.005 

National Earthquake Hazards Reduction Program –

Individual State Earthquake Assistance (NEHRP-ISEA) 

97.082 

National Earthquake Hazards Reduction Program – MultiState and National Earthquake Assistance (NEHRP-MSNEA) 97.082 

National Incident Management System (NIMS) 97.107 

Presidential Residence Protection Assistance Program 

(PRPA) 

97.134 

Public Assistance Grant Program (PA) 97.036 

Regional Catastrophic Preparedness Grant Program 

(RCPGP) 

97.111 

State Fire Training Systems Grant Program (SFTS) 97.043 

Targeted Violence and Terrorism Prevention (TVTP) 97.132 

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APPENDIX C 

Elements for Waiver Request 

To the greatest extent practicable, each proposed waiver submitted to FEMA should include the 

following information, as applicable: 

 Waiver type (nonavailability, unreasonable cost, or public interest) 

 Recipient name and Unique Entity Identifier (UEI) 

 Federal awarding agency organizational information (e.g., Common Government-wide 

Accounting Classification (CGAC) Agency Code) 

 Financial assistance listing name and number 

 Federal financial assistance program name 

 Federal Award Identification Number (FAIN) (if available) 

 Federal financial assistance funding amount (total federal award amount) 

 Total cost of infrastructure expenditures, including all federal and non-federal funds (to the 

extent known) 

 Infrastructure project description and location (to the extent known) 

 List of iron or steel item(s), manufactured products, and construction material(s) proposed to 

be excepted from Buy America requirements, including name, cost, country(ies) of origin (if 

known), and relevant PSC and NAICS code for each. If known, include product specifications. 

 A certification that the federal official or assistance recipient made a good faith effort to solicit 

bids for domestic products supported by terms included in requests for proposals, contracts, 

and nonproprietary communications with the prime contractor. 

 A statement of waiver justification, including a description of efforts made (e.g., market 

research, industry outreach), in the case of a project or award specific waiver, by the recipient, 

to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any 

Buy America-compliant bids received in response to a solicitation. 

 Anticipated impact if no waiver is issued 

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APPENDIX D 

Sample Language for Required Contract Provision and Self-Certification 

Applicability 

The BABAA contract provision and self-certification are required for contracts and subcontracts for 

infrastructure projects that are subject to the BABAA requirements unless the requirement is waived. 

For additional information on types of BABAA waivers, please refer to FEMA’s website at "Buy 

America" Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. 

Suggested Language 

The following provides a sample contract provision: 

Contractors and their subcontractors who apply or bid for an award for an infrastructure project 

subject to the domestic preference requirement in the Build America, Buy America Act 

(BABAA) shall file the required certification to the non-federal entity with each bid or offer for 

an infrastructure project, unless a domestic preference requirement is waived by FEMA. 

Contractors and subcontractors certify that no federal financial assistance funding for 

infrastructure projects will be provided unless all the iron, steel, manufactured projects, and 

construction materials used in the project are produced in the United States. BABAA, Pub. L. 

No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of 

federal financial assistance for infrastructure projects that does not ensure compliance with 

BABAA domestic preference requirement. Such disclosures shall be forwarded to the recipient 

who, in turn, will forward the disclosures to FEMA, the federal awarding agency; subrecipients 

will forward disclosures to the pass-through entity, who will, in turn, forward the disclosures to 

FEMA. 

Required Self-Certification 

For FEMA financial assistance programs subject to BABAA, contractors and subcontractors must 

sign and submit the following certification to the next tier (e.g., subcontractors submit to the 

contractor; contractors submit to the non-federal entity) each bid or offer for an infrastructure project 

that has not been waived by a BABAA waiver: 

The undersigned certifies, to the best of their knowledge and belief, that: 

The Build America, Buy America Act (BABAA) requires that no federal financial assistance for 

“infrastructure” projects is provided “unless all of the iron, steel, manufactured products, and

construction materials used in the project are produced in the United States.” Section 70914 of 

Public Law No. 117-58, §§ 70901-52. 

The undersigned certifies that for the ______ (Project Name and Location) ____ that the 

iron, steel, manufactured products, and construction materials used in this contract are in full 

compliance with the BABAA requirements including: 

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________________________ 

________________________ 

________________________ 

1. All iron and steel used in the project are produced in the United States. This means all

manufacturing processes, from the initial melting stage through the application of coatings,

occurred in the United States.

2. All manufactured products purchased with FEMA financial assistance must be produced in

the United States. For a manufactured product to be considered produced in the United

States, the cost of the components of the manufactured product that are mined, produced,

or manufactured in the United States is greater than 55% of the total cost of all components

of the manufactured product, unless another standard for determining the minimum amount

of domestic content of the manufactured product has been established under applicable

law or regulation.

3. All construction materials are manufactured in the United States. This means that all

manufacturing processes for the construction material occurred in the United States.

“The [Contractor or Subcontractor], ______________________, certifies or affirms the 

truthfulness and accuracy of each statement of its certification and disclosure, if any. In 

addition, the [Contractor or Subcontractor] understands and agrees that the provisions of 31 

U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this 

certification and disclosure, if any.”

Signature of [Contractor’s or Subcontractor’s] Authorized Official

Name and Title of [Contractor’s or Subcontractor’s] Authorized Official 

Date 

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APPENDIX E 

Waiver Process Workflow 

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