23 U.S.C. § 313 : US Code - Section 313: Buy America

Search 23 U.S.C. § 313 : US Code - Section 313: Buy America

(a) Notwithstanding any other provision of law, the Secretary of
Transportation shall not obligate any funds authorized to be
appropriated to carry out the Surface Transportation Assistance Act
of 1982 (96 Stat. 2097) or this title and administered by the
Department of Transportation, unless steel, iron, and manufactured
products used in such project are produced in the United States.
(b) The provisions of subsection (a) of this section shall not
apply where the Secretary finds -
(1) that their application would be inconsistent with the
public interest;
(2) that such materials and products are not produced in the
United States in sufficient and reasonably available quantities
and of a satisfactory quality; or
(3) that inclusion of domestic material will increase the cost
of the overall project contract by more than 25 percent.
(c) For purposes of this section, in calculating components'
costs, labor costs involved in final assembly shall not be included
in the calculation.
(d) The Secretary of Transportation shall not impose any
limitation or condition on assistance provided under the Surface
Transportation Assistance Act of 1982 (96 Stat. 2097) or this title
that restricts any State from imposing more stringent requirements
than this section on the use of articles, materials, and supplies
mined, produced, or manufactured in foreign countries in projects
carried out with such assistance or restricts any recipient of such
assistance from complying with such State imposed requirements.
(e) Intentional Violations. - If it has been determined by a
court or Federal agency that any person intentionally -
(1) affixed a label bearing a "Made in America" inscription, or
any inscription with the same meaning, to any product used in
projects to which this section applies, sold in or shipped to the
United States that was not made in the United States; or
(2) represented that any product used in projects to which this
section applies, sold in or shipped to the United States that was
not produced in the United States, was produced in the United
States;
that person shall be ineligible to receive any contract or
subcontract made with funds authorized under the Intermodal Surface
Transportation Efficiency Act of 1991 pursuant to the debarment,
suspension, and ineligibility procedures in subpart 9.4 of chapter
1 of title 48, Code of Federal Regulations.
(f) Limitation on Applicability of Waivers to Products Produced
in Certain Foreign Countries. - If the Secretary, in consultation
with the United States Trade Representative, determines that -
(1) a foreign country is a party to an agreement with the
United States and pursuant to that agreement the head of an
agency of the United States has waived the requirements of this
section, and
(2) the foreign country has violated the terms of the agreement
by discriminating against products covered by this section that
are produced in the United States and are covered by the
agreement,
the provisions of subsection (b) shall not apply to products
produced in that foreign country.