Buy American rules, VA purchases and walk-in tubs
Direct answer: Federal agencies that buy supplies, including VA medical centers, follow the Buy American statute (41 U.S.C. chapter 83) as applied by FAR Part 25. That test differs from the FTC label: a manufactured item must be made in the U.S., and for most items its domestic components must exceed 65% of component cost for deliveries in 2024 through 2028, rising to 75% in 2029. Veterans buying a tub with a HISA grant are making a private purchase, and the HISA application rules do not add a domestic-content requirement.
Two different tests for "American-made"
People often assume the label on a product and the government's purchasing rules are the same thing. They are not.
| FTC "Made in USA" label | Buy American (federal purchasing) | |
|---|---|---|
| Who it governs | Anyone marketing a product with a U.S. origin claim | Federal agencies buying supplies for use in the U.S. |
| Legal source | FTC Act Section 5; 16 CFR Part 323 | 41 U.S.C. 8301 to 8305; FAR Part 25 |
| Test | All or virtually all U.S. content and processing; no fixed percentage | Manufactured in the U.S., with domestic component cost above a set percentage |
| Threshold | None stated; foreign content must be negligible | 65% for items delivered 2024 to 2028; 75% from 2029 (iron and steel items have separate rules) |
So a tub can qualify as a "domestic end product" for a federal buyer without meeting the stricter FTC bar for an unqualified Made in USA label. The reverse is not true: a tub that honestly meets the FTC standard will normally clear the Buy American component test too.
For VA facilities and other federal buyers
If you buy for a VA medical center, a military installation or another federal facility, your contracting officer applies the rules. A few points worth raising with the supplier:
- Commercially available items. For commercially available off-the-shelf (COTS) items, the component test has been waived under 41 U.S.C. 1907, but the item still has to be manufactured in the United States to count as domestic. Many walk-in tubs are sold commercially, so where the tub is manufactured is the key question.
- Trade agreements. For larger purchases, trade agreement rules can apply in place of Buy American, which changes which countries' products are acceptable. The contracting officer decides which applies.
- Documentation. Ask the supplier for a written statement naming the plant where the tub is manufactured. The maker's own published statement, like those on our list of walk-in tub makers with U.S. plants, is a starting point, not a certification.
- Check the current FAR. FAR Part 25 has been revised several times since 2022. Confirm the current text on acquisition.gov before you rely on any threshold.
For veterans using a VA HISA grant
The Home Improvements and Structural Alterations (HISA) benefit helps eligible veterans pay for medically necessary changes to their home, and bathroom access is one of the uses. When a veteran uses HISA, the veteran is the buyer, choosing a contractor and a product for a private home. We found no domestic-content requirement in the HISA application rule at 38 CFR 17.3120.
What that rule does require is paperwork. A complete application includes:
- A prescription written or approved by a VA physician, with the diagnosis and medical justification.
- A completed and signed VA Form 10-0103.
- A signed statement from the property owner authorizing the work.
- A written, itemized estimate of labor, materials, permits and inspections.
- A color photograph of the area before the work.
VA will not approve an application until it has done a pre-award inspection or decided one is not needed. Talk to your VA medical center's prosthetics office before work starts, and confirm the current benefit amount with them, because limits have changed over time. Aging Safely Baths has a longer guide to using the VA HISA grant for bathroom modifications.
If buying American matters to you as a veteran, you are free to make it part of your choice. Use the same questions any buyer would: what to ask a dealer about where a tub is made.
One tub, three tests: a worked example
To see how the rules differ, imagine one hypothetical walk-in tub. Its shell and door are formed and assembled in a U.S. plant. Its frame, drain and faucet come from U.S. suppliers. Its whirlpool pump and inline heater are imported. These numbers are made up for illustration only.
| Test | What it asks | How our example tub might fare |
|---|---|---|
| FTC unqualified "Made in USA" | Is all or virtually all of it U.S.-made, including significant parts? | Probably not unqualified, because the pump and heater are significant to a jetted tub's function. A qualified claim such as "Made in USA of U.S. and imported parts" may fit. |
| "Assembled in USA" | Did principal, substantial assembly happen here? | Yes, if the plant does the substantial assembly. |
| Federal Buy American (FAR 25) | Manufactured in the U.S., with domestic component cost above the threshold (65% for 2024 to 2028)? | Depends on the component cost split, which only the maker can document. If the tub is sold as a COTS item, the component test is waived but it must still be manufactured in the U.S. |
| VA HISA (veteran's private purchase) | No domestic-content test in the application rule we read | Eligible to be chosen, like any tub, if the project is medically justified and properly documented. |
The takeaway: the same tub can honestly carry one label and not another. That's why we always ask makers and dealers for exact wording, not a general "it's American."
Veterans who want American-made: a short plan
- Start with your VA medical center's prosthetics office. Confirm your HISA eligibility and remaining balance before you shop.
- Get the prescription and medical justification from your VA physician, as the HISA application requires.
- Shortlist tubs that fit you first, then filter by origin using the manufacturer list.
- Ask each dealer for an itemized estimate covering labor, materials, permits and inspections, with the maker, model and plant named.
- Leave out spa features if you want HISA to pay. The VA's HISA page says the benefit doesn't cover spas or hot tubs. Ask your prosthetics office how they treat jets on a walk-in tub before you choose options.
- Wait for approval before work starts. VA won't approve until it has done a pre-award inspection or decided one isn't needed.
Common questions
Does a VA HISA grant require an American-made walk-in tub?
No. We found no domestic-content requirement in the HISA application rule at 38 CFR 17.3120. When a veteran uses HISA, the veteran is the buyer, choosing the contractor and product for a private home. Buying American is a personal choice you're free to make. What HISA does require is paperwork: a VA prescription with medical justification, VA Form 10-0103, the owner's permission, an itemized estimate and a before photo.
What is the Buy American domestic content threshold?
For federal supply purchases under FAR Part 25, a manufactured item must be made in the U.S. with domestic components above 65% of component cost for deliveries in 2024 through 2028, rising to 75% from 2029. Iron and steel items have separate rules, and commercially available off-the-shelf items have the component test waived. FAR Part 25 has been revised several times, so check the current text on acquisition.gov.
Is Buy American the same as a Made in USA label?
No. Buy American governs what federal agencies purchase and uses a manufacturing location plus a component-cost test. The FTC Made in USA label applies to anyone marketing a product to the public and requires all or virtually all U.S. content and processing for an unqualified claim. A tub can qualify for a federal buyer without meeting the stricter FTC bar for an unqualified label.
How much does the VA HISA grant pay toward a bathroom?
According to the VA's prosthetics page, the HISA lifetime benefit is up to $6,800 for a service-connected condition, or for a non-service-connected condition when the veteran is rated 50% or more service-connected, and up to $2,000 for other veterans. It's a lifetime total, so earlier HISA projects reduce what's left. Amounts can change, so confirm your balance with your VA medical center's prosthetics office.
Will HISA pay for whirlpool jets on a walk-in tub?
Be careful here. The VA's HISA page says the benefit doesn't cover spas or hot tubs, and Aging Safely Baths' experience is that HISA doesn't pay for spa, hot tub or jacuzzi features. Medically necessary access items, such as a low threshold and grab bars, are the focus. Ask your prosthetics office how they'll treat any therapy options before you put them on the estimate.
Can I start work before my HISA application is approved?
You shouldn't. Under the HISA rule, VA won't approve an application until it has done a pre-award inspection or decided one isn't needed, and work done before approval risks not being paid for. Get the itemized estimate, submit the full application through your VA medical center, and schedule the installation only after you have approval in hand.
Sources
- Federal Acquisition Regulation Part 25, Foreign Acquisition (acquisition.gov)
- 41 U.S.C. chapter 83, Buy American (Cornell Legal Information Institute)
- 41 U.S.C. 1907, commercial products and COTS items
- 38 CFR 17.3120, HISA application requirements
- Federal Trade Commission, "Complying with the Made in USA Standard"
Need an itemized estimate?
This site is published by Aging Safely Baths, a walk-in tub dealer and installer. Quotes and installs are handled on the main Aging Safely Baths site, which lists the American-made models it carries, with sizes and door styles.
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