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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

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.)

Withdrawn Waiver Requests 

See Also