Which Buy America statute applies to the High-Speed Intercity Passenger Rail (HSIPR) program?
The Buy America provision at 49 U.S.C. § 24405(a) applies to all PRIIA authorized spending, including all ARRA funds and FY 2010 DOT Appropriations Act funds. This means 49 U.S.C. §24405(a) applies to projects funded under Track 1 (Projects) and Track 2 (Programs), as outlined in FRA’s HSIPR Interim Guidance (74 Fed. Reg. 29900 (June 23, 2009)) and to Service Development Programs and Individual Projects, as outlined in FRA’s second set of HSIPR Interim Program guidance issued on July 1, 2010 and applicable to programs and projects funded under the FY 2010 DOT Appropriations Act (75 Fed. Reg. 38344 and 38365 (July 1, 2010). A separate statute governs Amtrak’s direct purchases (49 U.S.C. § 24305(f)); however, except where explicitly noted, these Answers to Frequently Asked Questions do not apply to Amtrak’s expenditures. FRA’s HSIPR program also includes projects funded through the FY 2008 and 2009 Department of Transportation and Related Agencies Appropriations Acts in Tracks 3 (Plannin
