Is there a difference between Buy America, Buy American, and Amtrak’s buy American preference statute?
Yes. Buy America (49 U.S.C. § 24405(a)) is applicable to FRA grant funds and is the subject of this guidance. Buy American (41 U.S.C. §§10a – 10d and 48 C.F.R. Part 25) is a different statute and regulation that is applicable to purchases by Federal agencies and departments, and to certain Department of Transportation and Related Agencies Appropriations Acts funded projects, including HSIPR projects funded through Track 4. For details on the Buy American requirements that are applicable to Track 4 projects, please contact FRA at HSIPR@dot.gov. Amtrak’s buy American preference (49 U.S.C. § 24305(f)) is applicable only to Amtrak. Generally, Amtrak administers its own buy American provision, except that any waivers Amtrak seeks must be approved by the FRA Administrator.
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