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Suggested Citation:"CONTENTS." National Academies of Sciences, Engineering, and Medicine. 2020. Buy America Requirements for Federal Highway Projects. Washington, DC: The National Academies Press. doi: 10.17226/25799.
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2 NCHRP LRD 80 CONTENTS I. Introduction to FHWA Buy America Provision, 3 A. Scope of Coverage, 3 B. Waivers from Coverage, 3 C. History, 4 D. Digest Overview, 4 II. Application to Steel and Iron in Highway Construction Projects, 5 A. Steel and Iron Products, Not Just Structural Steel, 5 B. Permanently Incorporated Products, Not Temporary Steel, 7 C. Application to “Miscellaneous” Steel or Iron Products, 9 III. Application to Manufactured Products, 13 A. Manufactured Products Waiver, 13 B. Steel or Iron Components of Manufactured Products, 15 C. Predominantly Steel or Iron Manufactured Products, 18 D. Vehicles and Rolling Stock, 19 IV. Waivers and Exceptions, 22 A. Waiver Procedure, 22 B. Application of Waivers, 24 C. Nationwide FHWA Waivers, 29 D. Project-Specific FHWA Waivers, 30 E. National Highway Transportation Safety Administration Waivers, 35 V. Scope of Project Coverage, 36 A. Historically Applied only to FHWA-Funded Segments, 36 B. Expanded to all Contracts in a Project, 38 VI. Relationship to Other Laws, 39 A. State Buy America Statutes, 39 B. Buy American Act, 42 C. Other Federal Buy America Provisions, 42 D. Free Trade Agreements, 44 VII. Enforcement and Penalties, 45 A. Certification, 45 B. Loss of Funding, 47 C. Suspension or Debarment, 47 D. False Claims Liability, 47 VIII. Conclusions, 49

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The Federal Highway Administration's “Buy America Act” requires federally funded highway projects to use only steel, iron, and manufactured products produced in the United States.

The TRB National Cooperative Highway Research Program's NCHRP LRD 80: Buy America Requirements for Federal Highway Projects summarizes the intent and application of the 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.


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