2 CFR § 184.8 - Exemptions to the Buy America Preference.

---
identifier: "/us/cfr/t2/s184.8"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "2 CFR § 184.8 - Exemptions to the Buy America Preference."
title_number: 2
title_name: "Federal Financial Assistance"
section_number: "184.8"
section_name: "Exemptions to the Buy America Preference."
chapter_name: "OFFICE OF MANAGEMENT AND BUDGET GOVERNMENT-WIDE GUIDANCE FOR FEDERAL FINANCIAL ASSISTANCE"
part_number: "184"
part_name: "BUY AMERICA PREFERENCES FOR INFRASTRUCTURE PROJECTS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Pub. L. 117-58, 135 Stat. 429."
regulatory_source: "88 FR 57787, Aug. 23, 2023, unless otherwise noted."
cfr_part: "184"
---


# 184.8 Exemptions to the Buy America Preference.

(a) The Buy America Preference does not apply to expenditures for assistance authorized under section 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 16 5170c, 5172, 5174, or 5192) relating to a major disaster or emergency declared by the President under section 401 or 501, respectively, of such Act (42 U.S.C. 5170, 5191) or pre and post disaster or emergency response expenditures.

(b) “Pre and post disaster or emergency response expenditures” 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, 42 U.S.C. 5122(1), (2).