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Legal Research Digest 31 TRansiT CoopeRaTive ReseaRCh pRogRam sponsored by the Federal Transit administration march 2010 TRanspoRTaTion ReseaRCh BoaRD OF THE NATIONAL ACADEMIES Guide to Federal Buy america requirementsâ2009 supplement This report was prepared under TCRp project J-5, âLegal aspects of Transit and intermodal Transportation programs,â for which the Transportation Research Board is the agency coordinating the research. The report was prepared by Jaye pershing Johnson, esq. James B. mcDaniel, TRB Counsel for Legal Research projects, was the principal investigator and content editor. the problem and its solution The nationâs 6,000 plus transit agencies need to have access to a program that can provide authoritatively researched, specific, limited-scope studies of legal is- sues and problems having national significance and application to their business. Some transit programs involve legal problems and issues that are not shared with other modes; as, for example, compliance with transit-equipment and operations guidelines, FTA fi- nancing initiatives, private-sector programs, and labor or environmental standards relating to transit opera- tions. Also, much of the information that is needed by transit attorneys to address legal concerns is scattered and fragmented. Consequently, it would be helpful to the transit lawyer to have well-resourced and well- documented reports on specific legal topics available to the transit legal community. The Legal Research Digests (LRDs) are developed to assist transit attorneys in dealing with the myriad of initiatives and problems associated with transit start-up and operations, as well as with day-to-day le- gal work. The LRDs address such issues as eminent domain, civil rights, constitutional rights, contract- ing, environmental concerns, labor, procurement, risk management, security, tort liability, and zoning. The transit legal research, when conducted through the TRBâs legal studies process, either collects primary data that generally are not available elsewhere or per- forms analysis of existing literature. applications The Buy America requirements imposed on transit grantees by federal law have often been misunder- stood by federal transit grantees and the focus of considerable discussion in the transit industry. Essen- tially, transit agencies undertaking federally assisted procurement for manufactured products, or infrastruc- ture projects containing steel, iron, or manufactured products, must ensure that the item or project meets statutory requirements concerning domestic origin and content. Legal Research Digest (LRD) 17, the initial digest on this subject, was published in 2001 with the hope of clarifying many of the issues that arise under Buy America. Since LRD 17 was published, there have been amendments to the Buy America provisions. The Federal Transit Administration now provides a plethora of material on its Web site that is intended to ensure greater understanding of Buy America. Nonetheless, the project committee thought this topic should be supplemented to provide a convenient guide to available resources. Transit operators purchase billions in manufactured goods and rolling stock buses and trains. Uncertainty in the way federal requirements apply can be costly and/or delay the purchase of essential equipment. Some transit agencies have extensive experience with Buy America issues and are familiar with its nuances and pitfalls. Others are not quite so familiar. Hope- fully, this report will assist transit attorneys and pro- curement officials in the latter category anticipate and avoid Buy America pitfalls. This report provides an easy to use guide to the Buy America requirements, with an emphasis on the spe- cific requirements that apply to manufactured products and to rolling stock. It should be useful to attorneys, transit administrators, contracting officers, engineers, and all officials that have purchasing responsibilities. responsible senior program officer: Gwen chisholm smith
