23 U.S.C. § 310 — Civil defense

Page 351 TITLE 23—HIGHWAYS § 310 ized under section 214 of the Uniform Reloca- tion Assistance and Real Property Acquisition Policies Act of 1970. (3) REIMBURSEMENT.—Reimbursement for services carried out under this subsection (in- cluding depreciation on engineering and road- building equipment) shall be credited to the applicable appropriation. (4) ALTERNATIVE CONTRACTING METHODS.— (A) IN GENERAL.—Notwithstanding any other provision of law (including the Federal Acquisition Regulation), in performing serv- ices under paragraph (1), the Secretary may use any contracting method available to a State under this title. (B) METHODS DESCRIBED.—The contracting methods referred to in subparagraph (A) shall include, at a minimum— (i) project bundling; (ii) bridge bundling; (iii) design-build contracting; (iv) 2-phase contracting; (v) long-term concession agreements; and (vi) any method tested, or that could be tested, under an experimental program re- lating to contracting methods carried out by the Secretary. (b) Appropriations for the work of the Federal Highway Administration shall be available for expenses of warehouse maintenance and the pro- curement, care, and handling of supplies, mate- rials, and equipment for distribution to projects under the supervision of the Federal Highway Administration, or for sale or distribution to other Government agencies, cooperating foreign countries, and State cooperating agencies, and the cost of such supplies and materials or the value of such equipment, including the cost of transportation and handling, may be reimbursed to current applicable appropriations. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 914; Pub. L. 93–87, title I, § 152(5), Aug. 13, 1973, 87 Stat. 276; Pub. L. 112–141, div. A, title I, § 1521(f), July 6, 2012, 126 Stat. 579; Pub. L. 117–58, div. A, title I, § 11305(b), Nov. 15, 2021, 135 Stat. 532.) Editorial Notes REFERENCES IN TEXT Section 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (a)(2), is classified to section 4634 of Title 42, The Public Health and Welfare. AMENDMENTS 2021—Subsec. (a)(4). Pub. L. 117–58 added par. (4). 2012—Subsec. (a). Pub. L. 112–141 added subsec. (a) and struck out former subsec. (a) which read as follows: ‘‘The Secretary is authorized to perform by contract or otherwise, authorized engineering or other services in connection with the survey, construction, mainte- nance, or improvement of highways for other Govern- ment agencies, cooperating foreign countries, and State cooperating agencies, and reimbursement for such services, which may include depreciation on engi- neering and roadbuilding equipment used, shall be cred- ited to the appropriation concerned.’’ 1973—Subsec. (b). Pub. L. 93–87 substituted ‘‘Federal Highway Administration’’ for ‘‘Bureau of Public Roads’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title. EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–141, div. A, title I, § 1521(g), July 6, 2012, 126 Stat. 579, provided that: ‘‘(1) In general.—Except as provided in paragraph (2), the amendments made by this section [enacting section 4634 of Title 42, The Public Health and Welfare, and amending this section and sections 4622 to 4624 and 4633 of Title 42] shall take effect on the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amend- ment notes under section 101 of this title]. ‘‘(2) Exception.—The amendments made by sub- sections (a) through (c) [amending sections 4622 to 4624 of Title 42] shall take effect 2 years after the date of en- actment of this Act.’’ [§ 309. Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575] Section, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 914; Pub. L. 93–87, title I, § 152(5), Aug. 13, 1973, 87 Stat. 276, re- lated to cooperation with other American Republics. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title. § 310. Civil defense In order to assure that adequate consideration is given to civil defense aspects in the planning and construction of highways constructed or re- constructed with the aid of Federal funds, the Secretary of Transportation is authorized and directed to consult, from time to time, with the Federal Civil Defense Administrator relative to the civil defense aspects of highways so con- structed or reconstructed. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 914; Pub. L. 93–87, title I, § 152(3), Aug. 13, 1973, 87 Stat. 276.) Editorial Notes AMENDMENTS 1973—Pub. L. 93–87 substituted ‘‘Secretary of Trans- portation’’ for ‘‘Secretary of Commerce’’. Executive Documents TRANSFER OF FUNCTIONS Office of Federal Civil Defense Administrator, re- ferred to in text, abolished and functions thereof trans- ferred to President by Reorg. Plan No. 1 of 1958, set out as a note under section 5195 of Title 42, The Public Health and Welfare. The Plan also established a new agency in the Executive Office of the President, known as the Office of Defense and Civilian Mobilization to be headed by a Director. Office redesignated as the Office of Civil and Defense Mobilization by act Aug. 26, 1958 (72 Stat. 861; 42 U.S.C. 5195 note). Civil defense func- tions transferred to Secretary of Defense by Executive Order No. 10952 of July 20, 1961, formerly set out as a note under section 2271 of the former Appendix to Title 50, War and National Defense, and remaining functions redesignated Office of Emergency Planning by act Sept. 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 may make available, from funds appropriated to construct the National Sys- tem of Interstate and Defense Highways, not to exceed $20,000,000 per fiscal year for each of fiscal years 1993, 1994, 1995, and 1996 to carry out this subsection. Such sums shall remain available until expended.’’ § 312. Detail of Army, Navy, and Air Force offi- cers The Secretary of Defense, upon request of the Secretary, is authorized to make temporary de- tails to the Federal Highway Administration of officers of the Army, the Navy, and the Air Force, without additional compensation, for technical advice and for consultation regarding highway needs for the national defense. Travel and subsistence expenses of officers so detailed shall be paid from appropriations available to the Department of Transportation on the same basis as authorized by law and by regulations of the Department of Defense for such officers. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 915; Pub. L. 93–87, title I, § 152(5), (6), Aug. 13, 1973, 87 Stat. 276.) Editorial Notes AMENDMENTS 1973—Pub. L. 93–87 substituted ‘‘Federal Highway Ad- ministration’’ for ‘‘Bureau of Public Roads’’ and ‘‘De- partment of Transportation’’ for ‘‘Department of Com- merce’’. § 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 Assist- ance Act of 1982 (96 Stat. 2097) or this title and administered by the Department of Transpor- tation, unless steel, iron, and manufactured products used in such project are produced in the United States. (b) The provisions of subsection (a) of this sec- tion shall not apply where the Secretary finds— (1) that their application would be incon- sistent 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 satis- factory quality; or (3) that inclusion of domestic material will increase the cost of the overall project con- tract 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 calcula- tion. (d) The Secretary of Transportation shall not impose any limitation or condition on assist- ance 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 require- ments. (e) INTENTIONAL VIOLATIONS.—If it has been de- termined by a court or Federal agency that any person intentionally— (1) affixed a label bearing a ‘‘Made in Amer- ica’’ 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 au- thorized under the Intermodal Surface Trans- portation Efficiency Act of 1991 pursuant to the debarment, suspension, and ineligibility proce- dures 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 agree- ment 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