01738818

Monograph

http://www.trb.org/Main/Blurbs/180587.aspx

The Federal Highway Administration (FHWA) Buy America provision, often called the “Buy America Act,” requires federally funded highway projects to use only steel, iron, and manufactured products produced in the United States. However, FHWA has a longstanding general waiver for manufactured products other than steel or iron, allowing such manufactured products to be used on federally funded highway projects. Issues have arisen in recent years regarding how to apply the FHWA Buy America requirements to: (1) manufactured products with steel and iron components; (2) vehicle and boat purchases; (3) utility relocations; and (4) FHWA-funded projects where some segments are funded by agencies other than FHWA, since state agencies are also subject to state Buy America laws. This digest summarizes the intent and application of the FHWA Buy America provision. It also summarizes the procedure that FHWA has implemented for granting waivers and the impact that court interpretation of such waivers has had on the industry in such cases as United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union v. Federal Highway Administration. The digest also includes a discussion of the relationship between the FHWA Buy America provision and other Buy America laws, and the digest addresses enforcement of the FHWA Buy America provision and penalties for its violation

NCHRP Project 20-06, Topic 24-01

English

53p

2020-4

NCHRP Legal Research Digest

9780309481304

Digital/other

References

Federal laws; Iron; Law enforcement; Legal factors; Manufactures; Steel

Buy America Requirements (49 CFR Part 661); U.S. Federal Highway Administration

Construction; Highways; Law; Materials

TRIS, TRB, ATRI

May 4 2020 8:33AM