Buy America

On January 25, 2021, President Biden signed Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers, to ensure that federal financial assistance awards maximize the use of goods, products, and materials produced in the United States. The Buy America requirements of FRA’s Consolidated Rail Infrastructure and Safety Improvements, Federal-State Partnership for Intercity Passenger Rail, Railroad Crossing Elimination, and Restoration and Enhancement Grants programs reinforce this goal, and aid in encouraging a domestic market in the rail sector. Spending authorized under these programs are subject to the Buy America provision of 49 U.S.C. § 22905(a) (formerly 49 USC § 24405(a)).

In addition, the Build America, Buy America Act (BABA), Public Law 117-58, § 70914, applies to FRA’s competitive grants for infrastructure obligated on or after May 14, 2022. 

FRA's Buy America: Answers to Frequently Asked Questions (FAQs) describe its procedures for applying the Buy America provision to these programs.

Amtrak also is required to adhere to a domestic spending preference.  Either 49 U.S.C. § 24305  or 49 U.S.C. § 22905  may apply to Amtrak projects, depending on the source of funds.  49 U.S.C. § 22905(a) applies when Amtrak is operating under a grant or performing a contract for another grantee applying 49 U.S.C. § 22905(a).  However, 49 U.S.C. § 24305(f) applies when Amtrak is spending from its own capital grant.

FRA will publish incoming waiver requests on this website.  Before becoming final, decisions to grant waiver requests will also be published in the Federal Register and on this site.

Open Waiver Requests 

Completed Waivers

   (For informational purposes only. Comment period closed.)

• NNEPRA Steel Track Nuts non-availability waiver, decided December 16, 2010
• Amtrak Central Block components (power modules, high-speed PLCs, and AGATE controllers) non-availability waiver, decided March 7, 2012
• WSDOT Vossloh Concrete Tie Components (Dowel inserts and SKL-30 tension clamps) non-availability waiver, decided June 19, 2012
• Illinois DOT ITCS Components (ethernet cable, antennae, and router), decided February 12, 2013
• Amtrak 136RE No 32.75 Special Turnouts (ZU 1-60 steel left and right switch point rail sections and Schwihag roller assemblies and plates), decided April 23, 2013
• Amtrak High Speed Rail Prototype Trainsets, decided Nov. 24, 2014
• California High Speed Rail Authority (CHSRA) High Speed Rail Prototype Trainsets, decided Nov. 24, 2014
• Illinois DOT, SureClose Gate Hinge, decided Feb. 4, 2015
• LIRR Turnout Components (ZU 1-60 steel left and right switch point rail sections and Schwihag roller assemblies and plates), decided May 15, 2015
• Sacramento (CA) Variable Refrigerant Flow (VRF) System Waiver Request, decided June 4, 2015
• RIDOT and Amtrak, Turnout/Crossover Components (ZU1-60 switch points and Schwihag roller assemblies and plates), decided June 16, 2015
• Amtrak High Speed Rail Trainset Components, decided Nov. 6, 2015
• Illinois DOT, SureClose Gate Hinge, decided Oct. 13, 2015

• Sacramento (CA) Linoleum Flooring, decided June 9, 2016

• Charlotte NC Locomotive and Railcar Maintenance Facility Fire Alarm System Components, decided April 9, 2018
• Raleigh Union Station Fire Alarm System Components, decided September 29, 2017
• Amtrak Buy America Maintenance Equipment Exemption Request, decided July 1, 2020
• CALIDOT Workstation Table
  • CALIDOT Workstation Table Buy America Waiver Request 
  • CALIDOT Workstation Table Buy America Waiver Decision, effective June 1, 2021

Withdrawn Waiver Requests 

• California High-Speed Rail Authority High-Speed Trainsets Components Waiver Request Withdrawal
• LIRR Catenary System Components Waiver Request Withdrawal

See Also

• 49 U.S.C. § 24305
• 49 U.S.C. § 22905
• 41 U.S.C. § 8302