Legal Problems Arising out of Highway Programs. Topic 24-01. Buy America Requirements For Federal Highway Projects

There is widespread uncertainty regarding application of the FHWA Buy America requirements to manufactured products. Also, other issues have arisen in recent years, including: how to apply the FHWA Buy America requirements to: (1) vehicle and boat purchases; (2) utility relocations; and (3) an FHWA-funded project where some segments are funded by agencies other than FHWA, such as Amtrak or state agencies subject to state Buy America laws. FHWA grant recipients need guidance on the application of the FHWA Buy America requirements; how to obtain a waiver from the FHWA Buy America requirements; and how to enforce the FHWA Buy America requirements and ensure the compliance of their contractors. In recent years, TRB has prepared legal research digests summarizing the Buy America requirements for FTA (TCRP LRD 49), FAA (ACRP LRD 18), and FRA (NCRRP LRD 1). However, legal research has not addressed the FHWA Buy America requirements. The United Steel decision, supra, created ambiguity and uncertainty on whether the FHWA Buy America requirements applied to manufactured products having steel or iron components. 81 Fed. Reg. 71,784 (Oct. 18, 2016). Legal research is needed to summarize the FHWA Buy America requirements encoded at 23 U.S.C. § 313, to assist FHWA grant recipients in complying with the Buy America requirements. Especially in light of the December 2015 decision of the U.S. District Court for the District of Columbia in United Steel v. FHWA, 151 F. Supp. 3d 76, which overturned FHWA’s policy exempting from Buy America all products composed of less than 90% steel or iron.    

Language

  • English

Project

  • Status: Active
  • Funding: $40000
  • Contract Numbers:

    Project 20-06, Topic 24-01

  • Sponsor Organizations:

    National Cooperative Highway Research Program

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

    Federal Highway Administration

    1200 New Jersey Avenue, SE
    Washington, DC  United States  20590

    American Association of State Highway and Transportation Officials (AASHTO)

    444 North Capitol Street, NW
    Washington, DC  United States  20001
  • Project Managers:

    Chisholm-Smith, Gwen

  • Performing Organizations:

    Conner Gwyn Schenck, PLLC

    ,    
  • Principal Investigators:

    Wyatt, Timothy

  • Start Date: 20180502
  • Expected Completion Date: 20190502
  • Actual Completion Date: 0

Subject/Index Terms

Filing Info

  • Accession Number: 01687897
  • Record Type: Research project
  • Source Agency: Transportation Research Board
  • Contract Numbers: Project 20-06, Topic 24-01
  • Files: TRB, RiP
  • Created Date: Dec 10 2018 3:05PM