Buy America

Construction Program Guide

The FHWA's policy for Buy America provides for:

a domestic manufacturing process for any steel or iron products (including protective coatings) that are permanently incorporated in a Federal-aid highway contract
alternate bid provisions
minimal usage criteria for non-domestic products
a waiver process based on public interest or the availability of domestic products

Authority/Legal Basis

Laws
- The FHWA's statutory provisions for Buy America are found in Title 23 United States Code, Section 313.
Regulations
- Title 23 C.F.R. 635.410 provides the FHWA's regulatory policy regarding Buy America. (Note: this regulation was last updated on November 25, 1983, and does not include revised stewardship, oversight, and applicability requirements resulting from the 1991 ISTEA and the 1998 TEA-21. See the discussion in the FHWA Contract Administration Core Curriculum Manual for current FHWA policy).
Orders
- None
Policy
- The FHWA Contract Administration Core Curriculum Manual summarizes the FHWA's policies and provides general guidance for Buy America provisions.
- Policy Memoranda
  - Headquarters memorandum dated July 6, 1989; Subject: Buy America Requirements provides guidance concerning Buy America certifications, the calculation of a deminimus amount of foreign steel, and the relation of NAFTA to the FHWA's Buy America program.
  - Headquarters memorandum date December 22, 1997; Subject: Buy America Policy Response discusses the application of Buy America to manufactured products.
  - Headquarters memorandum dated October 4, 2005; Subject: Sense of Congress Concerning Buy America provides a legal opinion regarding the Sense of Congress in SAFETEA-LU Section 1928. The opinion reaffirms the FHWA's traditional policy of only applying Buy America requirements on a contract basis.
  - Headquarters memorandum dated March 13, 2008, Subject: "Revised Policy for the Approval of Buy America Waivers" provides for changes in FHWA's review of Buy America waiver requests and requires all waiver requests to be submitted to HIPA-1 for review
- Rule Makings / Federal Register Notices
  - November 25, 1983 Final Rule Making Buy America Requirements includes the preamble and regulatory narrative that form the basis for the FHWA's current Buy America regulatory policy.
  - February 9, 1994 Notice of a nationwide waiver of Buy America for ferryboat equipment and machinery is the Federal Register notice which lists specific requirements for this nation-wide waiver.
  - March 24, 1995 Notice of a nationwide waiver of Buy America for pig iron and processed, pelletized, and reduced iron ore is the Federal Register notice which lists specific requirements for this nation-wide waiver.