Legal Aspects of Transit and Intermodal Transportation Programs. Topic 22-04. Update of Buy America

The Transportation Research Board (TRB) has published a series of legal guides to the federal Buy America requirements that attach to federal financial assistance provided through the U.S. Department of Transportation (U.S. DOT). (1) TCRP LRD 17: Guide to Federal Buy America Requirements (2001) provides all the Buy America requirements, emphasizing the requirements that apply to manufactured products and rolling stock. (2) TCRP LRD 31: Guide to Federal Buy America Requirements—2009 Supplement updates the information presented in TCRP LRD 17. (3) TCRP LRD 49: Updated Guide to Buy America Requirements—2015 Supplement explores the varying requirements attaching to funding from multiple DOT modal administrations, including the Federal Transit Administration (FTA), Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), Federal Aviation Administration (FAA), and the Department of Homeland Security (DHS). This digest focuses on public-private partnership projects, joint development projects, and multimodal projects that have a public transportation nexus and receive funding from one or more federal agencies. TCRP LRD 49 also discusses the evolving Buy America rules that apply to utility relocation. Buy America practices in the U.S. DOT have evolved since the publication of TCRP LRD 49, notably with the passage and implementation of the 2021 Build America, Buy America Act, which requires iron, steel, manufactured products, and construction materials used in federally funded infrastructure projects to be produced in the United States. With cross-cutting applicability, the Build America, Buy America construction materials provisions could significantly impact all federal programs. The objective of this research is to review and assess relevant laws, regulations, and guidance to (1) publish an update to TCRP LRD 17, TCRP LRD 31, and TCRP LRD 49, emphasizing final Office of Management and Budget (OMB) and DOT guidance on and implementation of the Build America, Buy America Act, and (2) to produce an easy-to-use guide that presents the Buy America requirements. This update should focus on the Build America, Buy America Act. This report should be helpful to attorneys, administrators, contracting officers, engineers, and purchasing officials of transportation agencies. This research will be conducted in two phases. At the conclusion of Phase I, TCRP will determine whether to proceed with Phase II.

Language

  • English

Project

  • Status: Proposed
  • Funding: $50000
  • Contract Numbers:

    Project J-05, Topic 22-04

  • Sponsor Organizations:

    Transit Cooperative Research Program

    Transportation Research Board
    500 Fifth Street, NW
    Washington, DC    20001

    Federal Transit Administration

    1200 New Jersey Avenue, SE
    Washington, DC  United States  20590
  • Project Managers:

    Chisholm-Smith, Gwen

  • Start Date: 20240226
  • Expected Completion Date: 0
  • Actual Completion Date: 0

Subject/Index Terms

Filing Info

  • Accession Number: 01892276
  • Record Type: Research project
  • Source Agency: Transportation Research Board
  • Contract Numbers: Project J-05, Topic 22-04
  • Files: TRB, RIP
  • Created Date: Sep 4 2023 9:13PM