Updated Guide to Buy America Requirements—2015 Supplement (2017) / Chapter Skim
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9other federal transportation agencies originated in 1978 as a result of congressional concern that the BAA was not being applied to federal transportation grant funds. With the Surface Transportation Assistance Act (STAA)
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10 components was at least 50 percent of the total cost of all components and final assembly of components took place in the United States.69 Thus, UMTA effectively established a Domestic Content exception that permitted significant foreign content in all manufactured products, not just rolling stock. UMTA considered the "components" to include any "article, material, or supply" directly incorporated into the manufactured product at its final assembly location.70 Components were considered domestic as long as they were manufactured in the United States, disregarding the origin of their parts (i.e., subcomponents)
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11 domestic content. Because the 1982 STAA effectively repealed UMTA's previous Domestic Content exception for all manufactured products, however, UMTA decided not to address the subcomponent issue at that time.82 UMTA did identify a number of specific manufactured products that it considered to be subject to the new Domestic Content waiver for rolling stock as "train control, communication, and traction power equipment."83 C
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12 changes to the Buy America statutory requirements in the 1990s.98 With passage of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) , Congress changed UMTA's name to FTA.99 Congress also added iron to the list of materials covered by the FTA Buy America provision (along with steel, manufactured products, and rolling stock)
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13 and establish potential criminal liability for false certifications.115 Over the next several years, in response to SAFETEA-LU, FTA engaged in a lengthy rulemaking process that significantly transformed the FTA Buy America provision.116 In November 2005, FTA issued its first notice of proposed rulemaking (NPRM I) in response to SAFETEA-LU, inviting public comment on its proposed regulatory revisions.117 In March 2006, FTA issued an interim final rule that addressed a subset of the topics raised in NPRM I, including the repeal of Public Interest waivers for Chrysler vans, the requirements for Buy America certification in a negotiated procurement, and other minor revisions to the FTA Buy America provision.118 In November 2006, FTA issued its second notice of proposed rulemaking (NPRM II)
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14 set of railcars that were manufactured using nonfederal funds (which were not subject to the Buy America provision) .125 Likewise, a 1993 rail construction project by the Los Angeles County transportation authority had been segmented into federally funded segments (which were required to comply with the FTA Buy America provision)
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