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

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

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

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Source file: Laws/federal/codes/united-states-code/title-49/section-50101-buying-goods-produced-in-the-united-states--699d41c63d.md
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Source location: Title 49, Chapter 501, § 50101; chapter-501-buy-american-preferences.md

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**(a) Preference.—** 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. **(b) Waiver.—** The Secretary may waive subsection (a) of this section if the Secretary finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) 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; (3) when procuring a facility or equipment under section 44502(a)(2) or 44509, subchapter I of chapter 471, or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title— (A) 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 (B) final assembly of the facility or equipment has occurred in the United States; or (4) including domestic material will increase the cost of the overall project by more than 25 percent. **(c) Labor Costs.—** In this section, labor costs involved in final assembly are not included in calculating the cost of components. **(d) Limitation on Certain Rolling Stock Procurements.—** (1) **In general.—** — Financial assistance made available under the provisions described in subsection (a) shall not be used in awarding a contract or subcontract to an entity on or after the date of enactment of this subsection for the procurement of rolling stock for use in an airport-related project if the manufacturer of the rolling stock— (A) is incorporated in or has manufacturing facilities in the United States; and (B) is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that— (i) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677/18&num=0&edition=prelim))) as of the date of enactment of this subsection; (ii) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2242&num=0&edition=prelim)) as a foreign country included on the priority watch list defined in subsection (g)(3) of that section; and (iii) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 ([19 U.S.C. 2416](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2416&num=0&edition=prelim)). (2) **Exception.—** (A) *In general.—* — For purposes of paragraph (1), the term “otherwise related legally or financially” does not include— (i) a minority relationship or investment; or (ii) 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. (B) *Corporation based in people’s republic of china.—* — 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. (3) **International agreements.—** — This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements. (4) **Waiver.—** (A) *In general.—* — The Secretary may waive the limitation described in paragraph (1) using the criteria described in subsection (b). (B) *Notification.—* — 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.

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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. § 40101 — Policy

**(a) Economic Regulation.—** In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity: (1) assigning and maintaining safety as the highest priority in air commerce. (2) before authorizing new air transportation services, evaluating the safety implications of those services. (3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public. (4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices. (5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions. (6) placing maximum reliance on competitive market forces and on actual and potential competition— (A) to provide the needed air transportation system; and (B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation. (7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of— (A) the

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

19 U.S.C. § 2416 — Determinations by Trade Representative

**(a) In general** (1) On the basis of the investigation initiated under [section 2412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412&num=0&edition=prelim) and the consultations (and the proceedings, if applicable) under [section 2413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2413&num=0&edition=prelim), the Trade Representative shall— (A) determine whether— (i) the rights to which the United States is entitled under any trade agreement are being denied, or (ii) any act, policy, or practice described in subsection (a)(1)(B) or (b)(1) of [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) exists, and (B) if the determination made under subparagraph (A) is affirmative, determine what action, if any, the Trade Representative should take under subsection (a) or (b) of [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim). (2) The Trade Representative shall make the determinations required under paragraph (1) on or before— (A) in the case of an investigation involving a trade agreement, except an investigation initiated pursuant to [section 2412(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412/b/2/A&num=0&edition=prelim) involving rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights (referred to in [section 3511(d)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d/15&num=0&edition=prelim)) or the GATT 1994 (as defined in [section 3501(1)(B) of this title](https://usco

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

49 U.S.C. § 47509 — Research program on quiet aircraft technology for propeller and rotor driven aircraft

**(a) Establishment.—** The Administrator of the Federal Aviation Administration and the Administrator of the National Aeronautics and Space Administration shall conduct a study to identify technologies for noise reduction of propeller driven aircraft and rotorcraft. **(b) Goal.—** The goal of the study conducted under subsection (a) is to determine the status of research and development now underway in the area of quiet technology for propeller driven aircraft and rotorcraft, including technology that is cost beneficial, and to determine whether a research program to supplement existing research activities is necessary. **(c) Participation.—** In conducting the study required under subsection (a), the Administrator of the Federal Aviation Administration and the Administrator of the National Aeronautics and Space Administration shall encourage the participation of the Department of Defense, the Department of the Interior, the airtour industry, the aviation industry, academia and other appropriate groups. **(d) Report.—** Not less than 280 days after August 23, 1994, the Administrator of the Federal Aviation Administration and the Administrator of the National Aeronautics and Space Administration shall transmit to Congress a report on the results of the study required under subsection (a). **(e) Research and Development Program.—** If the Administrator of the Federal Aviation Administration and the Administrator of the National Aeronautics and Space Administration determine that additional research and development is necessary and would substantially contribute to the development of quiet aircraft technology, then the agencies shall conduct an appropriate research program in consultation with the entities listed in subsection (c) to develop safe, effective, and econo

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

49 U.S.C. § 49101 — Findings

Congress finds that— (1) the 2 federally owned airports in the metropolitan area of the District of Columbia constitute an important and growing part of the commerce, transportation, and economic patterns of Virginia, the District of Columbia, and the surrounding region; (2) Baltimore/Washington International Airport, owned and operated by Maryland, is an air transportation facility that provides service to the greater Metropolitan Washington region together with the 2 federally owned airports, and timely Federal-aid grants to Baltimore/Washington International Airport will provide additional capacity to meet the growing air traffic needs and to compete with other airports on a fair basis; (3) the United States Government has a continuing but limited interest in the operation of the 2 federally owned airports, which serve the travel and cargo needs of the entire Metropolitan Washington region as well as the District of Columbia as the national seat of government; (4) operation of the Metropolitan Washington Airports by an independent local authority will facilitate timely improvements at both airports to meet the growing demand of interstate air transportation occasioned by the Airline Deregulation Act of 1978 (Public Law 95–504; 92 Stat. 1705); (5) all other major air carrier airports in the United States are operated by public entities at the State, regional, or local level; (6) any change in status of the 2 airports must take into account the interest of nearby communities, the traveling public, air carriers, general aviation, airport employees, and other interested groups, as well as the interests of the United States Government and State governments involved; (7) in recognition of a perceived limited need for a Federal role in the management of these airport

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

19 U.S.C. § 2242 — Independent budget and authorization of appropriations

Effective with respect to the fiscal year beginning October 1, 1976, for purposes of chapter 11 of title 31, estimated expenditures and proposed appropriations for the United States International Trade Commission shall be transmitted to the President on or before October 15 of the year preceding the beginning of each fiscal year and shall be included by him in the Budget without revision, and the Commission shall not be considered to be a department or establishment for purposes of such chapter.

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

19 U.S.C. § 1677 — Definitions; special rules

For purposes of this subtitle— (1) **Administering authority** — The term “administering authority” means the Secretary of Commerce, or any other officer of the United States to whom the responsibility for carrying out the duties of the administering authority under this subtitle are transferred by law. (2) **Commission** — The term “Commission” means the United States International Trade Commission. (3) **Country** — The term “country” means a foreign country, a political subdivision, dependent territory, or possession of a foreign country, and, except for the purpose of antidumping proceedings, may include an association of 2 or more foreign countries, political subdivisions, dependent territories, or possessions of countries into a customs union outside the United States. (4) **Industry** (A) *In general* — The term “industry” means the producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product. (B) *Related parties* (i) If a producer of a domestic like product and an exporter or importer of the subject merchandise are related parties, or if a producer of the domestic like product is also an importer of the subject merchandise, the producer may, in appropriate circumstances, be excluded from the industry. (ii) For purposes of clause (i), a producer and an exporter or importer shall be considered to be related parties, if— (I) the producer directly or indirectly controls the exporter or importer, (II) the exporter or importer directly or indirectly controls the producer, (III) a third party directly or indirectly controls the producer and the exporter or importer, or (IV) the producer

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19 U.S.C. § 1677 — Definitions; special rules

Page 381 TITLE 19—CUSTOMS DUTIES § 1677 §§ 233(a)(5)(Z), (AA), 270(a)(1)(J), Dec. 8, 1994, 108 Stat. 4900, 4917.) Editorial Notes AMENDMENTS 1994—Subsec. (a)(1). Pub. L. 103–465, §§ 233(a)(5)(Z), 270(a)(1)(J), inserted ‘‘countervailable’’ before ‘‘sub- sidy’’ in two places and substituted ‘‘subject merchan- dise’’ for ‘‘merchandise subject to the agreement’’. Subsec. (b)(2). Pub. L. 103–465, § 233(a)(5)(AA), sub- stituted ‘‘subject merchandise’’ for ‘‘merchandise sub- ject to the order’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to in- vestigations, reviews, and inquiries initiated and peti- tions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title. EFFECTIVE DATE Section applicable with respect to investigations ini- tiated by petition or by the administering authority under parts I and II of this subtitle, or reviews begun under section 1675 of this title, on or after Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98–573, as amended, set out as an Effective Date of 1984 Amendment note under section 1671 of this title. PART IV—GENERAL PROVISIONS Editorial Notes CODIFICATION The designation ‘‘PART IV’’ was in the original ‘‘Sub- title D’’ and was editorially changed in order to con- form the numbering format of this subtitle to the us- ages employed in the codification of the remainder of the Tariff Act of 1930 as originally enacted. § 1677. Definitions; special rules For purposes of this subtitle— (1) Administer

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

19 U.S.C. § 2242 — Identification of countries that deny ade-

Page 556 TITLE 19—CUSTOMS DUTIES § 2242 [amending this section and enacting provisions set out under this section] shall be construed to expand the duty of any person to collect or pay taxes beyond that which existed immediately before the date of the enact- ment of this Act [Oct. 21, 1998].’’ Pub. L. 105–277, div. C, title XII, § 1205, Oct. 21, 1998, 112 Stat. 2681–728, provided that: ‘‘Nothing in this title [amending this section and enacting provisions set out under this section] shall limit or otherwise affect the implementation of the Telecommunications Act of 1996 (Public Law 104–104) [see Short Title of 1996 Amend- ment note set out under section 609 of Title 47, Tele- communications] or the amendments made by such Act.’’ DECLARATION THAT THE INTERNET SHOULD BE FREE OF FOREIGN TARIFFS, TRADE BARRIERS, AND OTHER RE- STRICTIONS Pub. L. 105–277, div. C, title XII, § 1203, Oct. 21, 1998, 112 Stat. 2681–727, provided that: ‘‘(a) IN GENERAL.—It is the sense of Congress that the President should seek bilateral, regional, and multilat- eral agreements to remove barriers to global electronic commerce through the World Trade Organization, the Organization for Economic Cooperation and Develop- ment, the Trans-Atlantic Economic Partnership, the Asia Pacific Economic Cooperation forum, the Free Trade Area of the America, the North American Free Trade Agreement, and other appropriate venues. ‘‘(b) NEGOTIATING OBJECTIVES.—The negotiating ob- jectives of the United States shall be— ‘‘(1) to assure that electronic commerce is free from— ‘‘(A) tariff and nontariff barriers; ‘‘(B) burdensome and discriminatory regulation and standards; and ‘‘(C) discriminatory taxation; and ‘‘(2) to accelerate the growth of electronic com- merce by expanding market access o

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

19 U.S.C. § 2416 — Monitoring of foreign compliance

Page 668 TITLE 19—CUSTOMS DUTIES § 2416 1988—Pub. L. 100–418 amended section generally, sub- stituting provisions relating to implementation of ac- tions for provisions relating to requests for informa- tion. See section 2418 of this title. 1984—Subsec. (c). Pub. L. 98–573 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 applicable to petitions filed, and investigations initiated, under section 2412 of this title on or after Aug. 23, 1988, and petitions filed, and investigations initiated, before Aug. 23, 1988, if by such date no decision had been made under section 2414 of this title regarding the petition or investigation, see section 1301(c) of Pub. L. 100–418, set out as a note under section 2411 of this title. § 2416. Monitoring of foreign compliance (a) In general The Trade Representative shall monitor the implementation of each measure undertaken, or agreement that is entered into, by a foreign country to provide a satisfactory resolution of a matter subject to investigation under this sub- chapter or subject to dispute settlement pro- ceedings to enforce the rights of the United States under a trade agreement providing for such proceedings. (b) Action on the basis of monitoring (1) In general If, on the basis of the monitoring carried out under subsection (a), the Trade Representative considers that a foreign country is not satis- factorily implementing a measure or agree- ment referred to in subsection (a), the Trade Representative shall determine what further action the Trade Representative shall take under section 2411(a) of this title. For purposes of section 2411 of this title, any such deter- mination shall be treated as a determination made under section

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