September 2022

The Department of the Treasury Office of Gulf Coast Restoration

RESTORE Act

Frequently Asked Questions (FAQs)

Relating to the Direct Component Program – Application of Buy America Requirements

On February 12, 2016, the RESTORE Act rule (Treasury’s implementing regulations, 31 CFR 

Part 34) published by Treasury on December 14, 2015 became effective. The rule combines the 

comprehensive interim final rule and the Louisiana Parish Allocation Formula interim final rule, 

both of which were effective on October 14, 2014. On April 3, 2019, the RESTORE Act final rule 

on administrative costs was published in the Federal Register.

Table of Contents

Buy America Requirements – General Questions ...................................................................3

Q1. What is the Build America, Buy America Act? .............................................................3

Q2. What is “infrastructure” under the Build America, Buy America Act?...........................3

Q3. Does the Buy America Preference requirements set forth in section 70914 of the Build 

America, Buy America Act apply to Treasury’s RESTORE Act grant programs?....................4

Q4. Does the Buy America Preference requirements apply to every Direct Component 

award that includes construction activities? .............................................................................4

Q5. Federal financial assistance that are for “pre and post disaster or emergency response 

expenditures” are exempt from the application of Buy America Preference requirements 

outlined in section 70914 of the Build America, Buy America Act. Does the Direct 

Component grants qualify for this “post disaster” exemption? .................................................4

Q6. Do the Buy America Preference requirements apply to RESTORE Act grants which are 

made from the Gulf Coast Restoration Trust Fund not appropriated funds? .............................4

Q7. Are there resources for the Direct Component grant recipients and subrecipients to 

identify available construction materials that comply with Buy America Preference 

requirements?..........................................................................................................................5

Q8. Where can I find more information about Buy America Preference requirements? ........5

What Triggers Buy America Preference Requirements..........................................................5

Q9. Would all funds proposed in the budget of a new Direct Component award for an 

infrastructure project, including third-party funds, be required to comply with the Buy 

America Preference requirements described in the Act? ..........................................................5

Q10. Would the Buy America Preference requirements apply to an existing Direct 

Component award for infrastructure made before May 14, 2022, if the recipient requires 

additional third-party funds to cover actual construction costs that are higher than those 

estimated at the time of award? ...............................................................................................5

Q11. Would the Buy America Preference requirements apply to a monetary amendment to 

an existing Direct Component grant for an infrastructure project made after May 14, 2022 if 

the additional funds will be used to cover increased costs due to cost escalation and 
The Department of the Treasury 2 Office of Gulf Coast Restoration

inflationary pressures for executed contracts and budgets for purchase of covered materials 

agreed upon prior to May 14, 2022? ........................................................................................6

Q12. Would the Buy America Preference requirements apply to Direct Component grants 

for non-infrastructure activities (e.g., architectural design costs and administrative costs)? ......6

Q13. Does the Buy America Preference requirements apply to all Direct Component grants 

for construction or real property improvements?......................................................................6

Q14. Which types of Direct Component construction projects are not considered 

infrastructure as defined by the Build America, Buy America Act? .........................................7

Q15. Does the Buy America Preference requirements apply to Direct Component awards 

for infrastructure projects awarded prior to May 14, 2022?......................................................7

Waivers from Buy America Preference Requirements ...........................................................7

Q16. Are there any general applicability waivers from application of the Buy America 

Preference requirements in effect for the RESTORE Act, Direct Component awards? .............7

Q17. What other general applicability waiver(s), if any, will Treasury propose?.................7

Q18. Will there be opportunities to expedite a waiver request in situations where delay 

would be injurious to the project?............................................................................................8
The Department of the Treasury 3 Office of Gulf Coast Restoration

BUY AMERICA REQUIREMENTS – GENERAL QUESTIONS

Q1. What is the Build America, Buy America Act?

A. On November 15, 2021, President Biden signed into law the Infrastructure Investment 

and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy 

America Act (the Act) that strengthens Made in America Laws and will bolster 

America’s industrial base, protect national security, and support high-paying jobs. 

Unless a waiver covering the project is in effect, the Act requires that no later than

May 14, 2022, Treasury must ensure that grants for infrastructure projects made under 

the RESTORE Act, Direct Component program comply with the Buy America 

Preference requirements set forth in section 70914 of the Act by including it in the 

terms and conditions of each applicable award.

The Act requires the following Buy America Preference requirements: 

(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 used in the project are produced in the United 

States. This means the manufactured product was manufactured in the United

States, and the cost of the components of the manufactured product that are 

mined, produced, or manufactured in the United States is greater than 55 

percent 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; and

(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.

Q2. What is “infrastructure” under the Build America, Buy America Act? 

A. The term “infrastructure” under the Act means public infrastructure projects including 

but not limited to 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.

Treasury is working with the OMB Made in America Office (MIAO) to identify, 

develop, and publish additional definitions to terms that further describe how Buy 

America Preference requirements apply to the RESTORE Act, Direct Component 

program. This includes identifying and listing RESTORE Act eligible activities that 

include construction but that do not qualify as “infrastructure” as defined by the Act. 

Definitions used in the Buy America Preference award term are available on the

Treasury RESTORE Act - Buy America Preference webpage.
The Department of the Treasury 4 Office of Gulf Coast Restoration

Q3. Does the Buy America Preference requirements set forth in section 70914 of the 

Build America, Buy America Act apply to Treasury’s RESTORE Act grant 

programs?

A. RESTORE Act, Direct Component grants for infrastructure projects as defined by the 

Act are required to comply with the Buy America Preference requirements set forth in 

section 70914 of the Act. The Buy America Preference requirements applies to all new 

Direct Component grants and monetary amendments to existing Direct Component 

grant for an infrastructure project made on or after May 14, 2022 unless a waiver 

covering the project is in effect. The Buy America Preference requirements do not 

apply to grants under the Centers of Excellence Research Grants Program.

Q4. Does the Buy America Preference requirements apply to every Direct 

Component award that includes construction activities?

A. No. Prior to making an award, Treasury will determine whether funds from a 

particular award under the Direct Component program will be used to procure iron, 

steel, manufactured products, or construction materials for an infrastructure project as 

defined in section 70912(5) of the Act and OMB Memorandum M-22-11. If Treasury 

determines that no funds will be used to procure such items for an infrastructure

project, then the Buy America Preference requirements will not apply to that award.

See FAQs #13 and #14 for more specifics regarding the application of the Act to 

Direct Component-funded construction projects and the types of Direct Component 

projects that are not subject to the Buy America Preference requirements.

Q5. Federal financial assistance that are for “pre and post disaster or emergency 

response expenditures” are exempt from the application of Buy America

Preference requirements outlined in section 70914 of the Build America, Buy 

America Act. Does the Direct Component grants qualify for this “post disaster”

exemption?

A. According to the OMB Memorandum M-22-11, “pre and post disaster or emergency 

response expenditures” exempt from the Buy America Preference requirements

“consist of expenditures for financial assistance that are (1) authorized by statutes 

other than the Stafford Act, 42 U.S.C. §§ 5121 et seq., and (2) made in anticipation of 

or response to an event or events that qualify as an “emergency” or “major disaster” 

within the meaning of the Stafford Act, id. § 5122(1), (2).” Direct Component grants

do not qualify for the “post disaster” exemption because the Deepwater Horizon oil 

spill was not a “major disaster” or “emergency” as determined by the President as 

provided in the Stafford Act at 42 USC § 5122(2). 

Q6. Do the Buy America Preference requirements apply to RESTORE Act grants 

which are made from the Gulf Coast Restoration Trust Fund not appropriated 

funds?

A. Yes. As stated in section II of OMB Memorandum M-22-11, the Buy America 

Preference requirements set forth in section 70914 applies to all federal financial 
The Department of the Treasury 5 Office of Gulf Coast Restoration

assistance as defined in 2 CFR 200.1, “whether or not funded through IIJA-where funds 

are appropriated or otherwise made available and used for a project for infrastructure.”

(see also section 70912(4)(A) of the Act).

Q7. Are there resources for the Direct Component grant recipients and subrecipients 

to identify available construction materials that comply with Buy America 

Preference requirements?

A. Resources are in development. The Act directs OMB to issue guidance that will assist 

agencies as they apply the new Buy America Preference requirements. OMB must issue 

standards that define the term “all manufacturing processes” as it relates to construction 

materials. OMB sought input from the public concerning the Act's requirement that any 

infrastructure projects funded with Federal financial assistance use only construction 

materials “produced in the United States.”

OMB has issued a Request for Information that sought input from the public 

concerning the Act's requirement that any infrastructure projects funded with Federal 

financial assistance use only construction materials “produced in the United States.”

Treasury will include links on the RESTORE Act Buy America webpage to any 

resources that are developed and published as a result of this request.

Q8. Where can I find more information about Buy America Preference

requirements?

A. OMB has established the Made in America Office, which has provided more 

information about Buy America Preference requirements and waivers. This includes a 

presentation developed by OMB that guides the reader through the OMB Buy 

America Preference implementation guidance.

WHAT TRIGGERS BUY AMERICA PREFERENCE REQUIREMENTS

Q9. Would all funds proposed in the budget of a new Direct Component award for 

an infrastructure project, including third-party funds, be required to comply 

with the Buy America Preference requirements described in the Act?

A. Yes. The Buy America Preference requirements apply to all iron, steel, manufactured 

products, and construction materials purchased for the infrastructure project, even if it 

is funded by both Federal and non-Federal funds under one or more awards.

Q10. Would the Buy America Preference requirements apply to an existing Direct 

Component award for infrastructure made before May 14, 2022, if the recipient 

requires additional third-party funds to cover actual construction costs that are 

higher than those estimated at the time of award?

A. No. The Buy America Preference requirements are only applicable if the recipient 

requests and is approved for a monetary amendment to its existing Direct Component 
The Department of the Treasury 6 Office of Gulf Coast Restoration

award for an infrastructure project after May 14, 2022 and there is no waiver in effect 

for that project, or if the recipient supplements the infrastructure project with funding 

from another federal financial assistance award that is subject to the Buy America 

Preference requirements set forth in section 70914 of the Act or other domestic

procurement preference requirements. 

Q11. Would the Buy America Preference requirements apply to a monetary 

amendment to an existing Direct Component grant for an infrastructure project

made after May 14, 2022 if the additional funds will be used to cover increased 

costs due to cost escalation and inflationary pressures for executed contracts and 

budgets for purchase of covered materials agreed upon prior to May 14, 2022?

A. The Buy America Preference requirements will not apply to a monetary amendment to 

an existing Direct Component grant for an infrastructure project made after May 14, 

2022, if a waiver is in effect at the time that Treasury obligates funds for the monetary 

amendment, or the additional requested Direct Component funds is not for the 

procurement of iron, steel, manufactured products, or construction materials for use on 

the infrastructure project. However, the Buy America Preference requirements will 

apply to the monetary amendment to an existing Direct Component grant for an 

infrastructure project if it is made after May 14, 2022 and there is no waiver in effect 

that covers the project, and the additional funds the recipient seeks are for the 

procurement of iron, steel, manufactured products, or construction materials for use on 

the infrastructure project.

Q12. Would the Buy America Preference requirements apply to Direct Component 

grants for non-infrastructure activities (e.g., architectural design costs and 

administrative costs)?

A. No. Buy America Preference requirements does not apply to non-infrastructure 

spending under an award that also includes an infrastructure project. The Buy 

America Preference is only applicable if the recipient is requesting Direct Component 

funds under a new award or an amendment to an existing award to purchase iron, 

steel, manufactured products, or construction materials for use on an infrastructure 

project.

Q13. Does the Buy America Preference requirements apply to all Direct Component 

grants for construction or real property improvements?

A. No. The Buy America Preference requirements only apply to Direct Component 

grants for infrastructure projects as defined in section 70912(5) of the Build America, 

Buy America Act and the Office of Management and Budget (OMB) memorandum, 

M-22-11 issued on April 18, 2022. Treasury will determine on a case-by-case basis 

whether the Buy America Preference requirements apply to construction or real 

property improvement projects that do not squarely fall within the definition of 

infrastructure as set forth in the Build America, Buy America Act and OMB memo 

M-22-11.
The Department of the Treasury 7 Office of Gulf Coast Restoration

Q14. Which types of Direct Component construction projects are not considered 

infrastructure as defined by the Build America, Buy America Act?

Treasury has determined that construction projects whose primary purpose is to protect 

or restore the environment and/or recover natural ecosystem functions are not 

infrastructure as defined by the Act. Such projects are not subject to the Buy America 

Preference requirements outlined in the Act.

Examples of Direct Component restoration construction projects that Treasury would 

not generally consider to constitute infrastructure would include:

• Marsh restoration and creation;

• Dune restoration;

• Greenway trails;

• Blueway trails;

• Coral reef outplanting and nurseries; and

• Oyster reef restoration

Q15. Does the Buy America Preference requirements apply to Direct Component 

awards for infrastructure projects awarded prior to May 14, 2022?

A. No. The Buy America Preference requirements do not apply retroactively to Direct 

Component awards made prior to May 14, 2022. If in the future the costs of the 

project increase, requiring a change order to the contract, and a monetary amendment 

to an existing grant is warranted to purchase iron, steel, manufactured products, or 

construction materials for use on an infrastructure project, then the Buy America 

Preference requirements will apply to the award. See response to FAQs #10 and #11

for more detail about when the Buy America Preference applies to amendments to 

existing Direct Component grants. 

WAIVERS FROM BUY AMERICA PREFERENCE REQUIREMENTS

Q16. Are there any general applicability waivers from application of the Buy America

Preference requirements in effect for the RESTORE Act, Direct Component 

awards?

A. Treasury has a general applicability public interest adjustment period waiver from 

application of the Buy America Preference requirements in order to provide Treasury

and the Direct Component recipients with a six-month adjustment period to develop 

policies and procedures for implementing the requirements. The waiver was finalized

on July 13, 2022 and is effective from July 13, 2022 to January 12, 2023. The waiver 

is posted on the RESTORE Act Buy America Preference webpage.

Q17. What other general applicability waiver(s), if any, will Treasury propose?

A. Treasury has identified the need to request from OMB several additional general 

applicability waivers that Treasury proposes are in the public interest. These include, 
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but are not limited to, a De Minimis waiver (project purchases below a de minimis 

threshold such as 5% of project costs up to some maximum); a Small Grants waiver 

(for projects below the simplified acquisition threshold, or other Agency-defined 

limit); a Minor Components waiver (for miscellaneous minor components comprising 

no more than some minimum of the material total cost); and a Pipeline waiver (for 

projects that are through a design phase and in the implementation pipeline prior to 

enactment of the Act). Treasury will use the six-month adjustment period to develop 

and finalize additional waivers, publish them for public comments, and approve them.

Treasury has stood up a Working Group with Direct Component grant recipients that, 

among other activities, will work to identify, scope, and develop general applicability 

waivers. If you are interested in joining the Working Group, please contact the OGCR 

Policy Analyst, Bridget Cotti-Rausch (bridget.cotti-rausch@treasury.gov) for more 

information. 

Q18. Will there be opportunities to expedite a waiver request in situations where 

delay would be injurious to the project?

A. In limited situations where there is an urgent need in an unforeseen and exigent 

circumstance, Treasury has the authority to waive the application of Buy America 

preference requirements without submitting the waiver for public comment and to 

OMB for their review and determination. Treasury will evaluate these requests on a 

case-by-case basis.

It is the intent of Treasury to implement the Buy America Preference requirements in 

such a way that increases domestic production but keeps projects moving. Treasury 

will consider, in a timely manner, a recipient’s request for nonavailability waivers 

should the market research indicate that there is insufficient supply of a necessary 

material or if the timing of production is insufficient to satisfy the requirements of the 

project and meet project timelines. Treasury encourages RESTORE Act, Direct 

Component recipients to coordinate early with their subrecipients and contractors so 

that there is sufficient time to perform thorough market research to identify potential 

qualifying alternate items, products, or materials.