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23 U.S.C. § 313 — Buy America

Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 313 — Buy America

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Source location: Title 23, Chapter 3, § 313; chapter-003-general-provisions.md

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**(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. **(g) Waivers.—** (1) **In general.—** — Not less than 15 days before issuing a waiver under this section, the Secretary shall provide to the public— (A) notice of the proposed waiver; (B) an opportunity for comment on the proposed waiver; and (C) the reasons for the proposed waiver. (2) **Report.—** — Not less frequently than annually, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the waivers provided under this section. **(h) Application to Highway Programs.—** The requirements under this section shall apply to all contracts eligible for assistance under this chapter for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), regardless of the funding source of such contracts, if at least 1 contract for the project is funded with amounts made available to carry out this title.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 101 — Purpose

**(a)** The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States. **(b)** A Department of Transportation is necessary in the public interest and to— (1) ensure the coordinated and effective administration of the transportation programs of the United States Government; (2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible; (3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve transportation objectives; (4) stimulate technological advances in transportation, through research and development or otherwise; (5) provide general leadership in identifying and solving transportation problems; and (6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.

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42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 8301 — Definitions

In this chapter: (1) **Public building, public use, and public work.—** — The terms “public building”, “public use”, and “public work” mean a public building of, use by, and a public work of, the Federal Government, the District of Columbia, Puerto Rico, American Samoa, and the Virgin Islands. (2) **United states.—** — The term “United States” includes any place subject to the jurisdiction of the United States. (3) **Federal agency.—** — The term “Federal agency” has the meaning given the term “executive agency” in [section 133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section133&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 30111 — Standards

**(a) General Requirements.—** The Secretary of Transportation shall prescribe motor vehicle safety standards. Each standard shall be practicable, meet the need for motor vehicle safety, and be stated in objective terms. **(b) Considerations and Consultation.—** When prescribing a motor vehicle safety standard under this chapter, the Secretary shall— (1) consider relevant available motor vehicle safety information; (2) consult with the agency established under the Act of August 20, 1958 (Public Law 85–684, 72 Stat. 635), and other appropriate State or interstate authorities (including legislative committees); (3) consider whether a proposed standard is reasonable, practicable, and appropriate for the particular type of motor vehicle or motor vehicle equipment for which it is prescribed; and (4) consider the extent to which the standard will carry out [section 30101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30101&num=0&edition=prelim). **(c) Cooperation.—** The Secretary may advise, assist, and cooperate with departments, agencies, and instrumentalities of the United States Government, States, and other public and private agencies in developing motor vehicle safety standards. **(d) Effective Dates of Standards.—** The Secretary shall specify the effective date of a motor vehicle safety standard prescribed under this chapter in the order prescribing the standard. A standard may not become effective before the 180th day after the standard is prescribed or later than one year after it is prescribed. However, the Secretary may prescribe a different effective date after finding, for good cause shown, that a different effective date is in the public interest and publishing the reasons for the finding. **(e) 5-Year Plan f

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 313 — Buy America

Page 352 TITLE 23—HIGHWAYS § 311 22, 1961 (75 Stat. 630; 42 U.S.C. 5195 note). Office redesig- nated Office of Emergency Preparedness by act Oct. 21, 1968 (82 Stat. 1194; 42 U.S.C. 5195 note). Office of Emer- gency Preparedness including office of Director abol- ished and functions thereof transferred to President by Reorg. Plan No. 1 of 1973, set out as a note under sec- tion 5195 of Title 42. § 311. Highway improvements strategically im- portant to the national defense Funds made available under subsection (a) of section 104 of this title may be used to pay the entire engineering costs of the surveys, plans, specifications, estimates, and supervision of construction of projects for such urgent im- provements of highways strategically important from the standpoint of the national defense as may be undertaken on the order of the Sec- retary and as the result of request of the Sec- retary of Defense or such other official as the President may designate. With the consent of a State, funds made available under subsection (b) of section 104 of this title may be used to the ex- tent deemed necessary and advisable by the Sec- retary to carry out the provisions of this sec- tion. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 915.) Statutory Notes and Related Subsidiaries NATIONAL DEFENSE HIGHWAYS LOCATED OUTSIDE UNITED STATES Pub. L. 102–240, title I, § 1006(h), Dec. 18, 1991, 105 Stat. 1927, provided that: ‘‘(1) RECONSTRUCTION PROJECTS.—If the Secretary de- termines, after consultation with the Secretary of De- fense, that a highway, or portion of a highway, located outside the United States is important to the national defense, the Secretary may carry out a project for the reconstruction of such highway or portion of highway. ‘‘(2) FUNDING.—The Secretary ma

Source: Supplied 2024 U.S. Code historical extraction · 23 U.S.C. § 313

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Congressional declaration of purpose

Page 6095 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Sec. 4368a. Utilization of talents of older Americans in projects of pollution prevention, abate- ment, and control. 4368b. General assistance program. 4369. Miscellaneous reports. 4369a. Reports on environmental research and devel- opment activities of Agency. 4370. Reimbursement for use of facilities. 4370a. Assistant Administrators of Environmental Protection Agency; appointment; duties. 4370b. Availability of fees and charges to carry out Agency programs. 4370c. Environmental Protection Agency fees. 4370d. Percentage of Federal funding for organiza- tions owned by socially and economically disadvantaged individuals. 4370e. Working capital fund in Treasury. 4370f. Availability of funds after expiration of pe- riod for liquidating obligations. 4370g. Availability of funds for uniforms and certain services. 4370h. Availability of funds for facilities. 4370i. Regional liaisons for minority, tribal, and low-income communities. 4370j. Municipal Ombudsman. SUBCHAPTER IV—FEDERAL PERMITTING IMPROVEMENT 4370m. Definitions. 4370m–1. Federal Permitting Improvement Steering Council. 4370m–2. Permitting process improvement. 4370m–3. Interstate compacts. 4370m–4. Coordination of required reviews. 4370m–5. Delegated State permitting programs. 4370m–6. Litigation, judicial review, and savings provi- sion. 4370m–7. Reports. 4370m–8. Funding for governance, oversight, and proc- essing of environmental reviews and per- mits. 4370m–9. Application. 4370m–10. GAO report. 4370m–11. Savings provision. 4370m–12. Repealed. § 4321. Congressional declaration of purpose The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4321

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