49 U.S.C. § 50101: Buying goods produced in the United States

The Secretary of Transportation may obligate an amount that may be appropriated to carry out section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471, or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title for a project only if steel and manufactured goods used in the project are produced in the United States. applying subsection (a) would be inconsistent with the public interest; the steel and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; the cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the facility or equipment; and final assembly of the facility or equipment has occurred in the United States; or including domestic material will increase the cost of the overall project by more than 25 percent. In this section, labor costs involved in final assembly are not included in calculating the cost of components. is incorporated in or has manufacturing facilities in the United States; and is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 ( 19 U.S.C. 1677(18) )) as of the date of enactment of this subsection; was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 ( 19 U.S.C. 2242 ) as a foreign country included on the priority watch list defined in subsection (g)(3) of that section; and is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 ( 19 U.S.C. 2416 ). a minority relationship or investment; or relationship with or investment in a subsidiary, joint venture, or other entity based in a country described in paragraph (1)(B) that does not export rolling stock or components of rolling stock for use in the United States. Notwithstanding subparagraph (A)(i), for purposes of paragraph (1), the term “otherwise related legally or financially” includes a minority relationship or investment if the relationship or investment involves a corporation based in the People’s Republic of China. This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements. The Secretary may waive the limitation described in paragraph (1) using the criteria described in subsection (b). Not later than 10 days after issuing a waiver under subparagraph (A), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. make publicly available, in an easily identifiable location on the website of the Department of Transportation, a detailed written justification of the waiver determination; and provide an informal public notice and comment opportunity on the waiver determination. For each fiscal year, the Secretary shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on waivers issued under section 50101 of title 49 , United States Code, during the fiscal year.” A person shall not intentionally affix a label bearing the inscription of ‘Made in America’, or any inscription with that meaning, to any product sold in or shipped to the United States, if that product is not a domestic product. A person who violates paragraph (1) shall not be eligible for any contract for a procurement carried out with amounts authorized under this title [enacting section 47509 of this title , amending sections 44505 and 48102 of this title, and enacting provisions set out as notes under this section and section 40101 of this title ], including any subcontract under such a contract pursuant to the debarment, suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, or any successor procedures thereto. Except as provided in paragraph (2), the head of each office within the Federal Aviation Administration that conducts procurements shall ensure that such procurements are conducted in compliance with sections 2 through 4 of the Act of March 3, 1933 ([former] 41 U.S.C. 10a through 10c, popularly known as the ‘Buy American Act’ [see 41 U.S.C. 8301 et seq.]). amounts are authorized by this title to be made available; and solicitations for bids are issued after the date of the enactment of this Act [ Aug. 23, 1994 ]. The Secretary, before January 1, 1995 , shall report to the Congress on procurements covered under this subsection of products that are not domestic products. that is manufactured or produced in the United States; and at least 50 percent of the cost of the articles, materials, or supplies of which are mined, produced, or manufactured in the United States.”