23 U.S.C. § 311 — Highway improvements strategically im-

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