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 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 Page 353 TITLE 23—HIGHWAYS § 313 against products covered by this section that are produced in the United States and are cov- ered 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 Sec- retary 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 annu- ally, the Secretary shall submit to the Com- mittee on Environment and Public Works of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Rep- resentatives 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 et seq.), regard- less 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. (Added and amended Pub. L. 109–59, title I, § 1903(a), (c), Aug. 10, 2005, 119 Stat. 1464, 1465; Pub. L. 112–141, div. A, title I, § 1518, July 6, 2012, 126 Stat. 574; Pub. L. 117–58, div. A, title I, § 11513, Nov. 15, 2021, 135 Stat. 595.) Editorial Notes REFERENCES IN TEXT The Surface Transportation Assistance Act of 1982, referred to in subsecs. (a) and (d), is Pub. L. 97–424, Jan. 6, 1983, 96 Stat. 2097. For complete classification of this Act to the Code, see Short Title of 1983 Amendment note set out under section 101 of this title and Tables. The Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (e), is Pub. L. 102–240, Dec. 18, 1991, 105 Stat. 1914. For complete classification of this Act to the Code, see Short Title of 1991 Amend- ment note set out under section 101 of Title 49, Trans- portation, and Tables. The National Environmental Policy Act of 1969, re- ferred to in subsec. (h), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. CODIFICATION Section, as added by Pub. L. 109–59, consists of text of Pub. L. 97–424, title I, § 165, Jan. 6, 1983, 96 Stat. 2136; Pub. L. 98–229, § 10, Mar. 9, 1984, 98 Stat. 57; Pub. L. 100–17, title I, §§ 133(a)(6), 337(a)(1), (b), (c), Apr. 2, 1987, 101 Stat. 171, 241; Pub. L. 102–240, title I, § 1048, title III, § 3003(b), Dec. 18, 1991, 105 Stat. 1999, 2088; Pub. L. 103–272, § 4(r), July 5, 1994, 108 Stat. 1371; Pub. L. 103–429, § 7(a)(3)(E), Oct. 31, 1994, 108 Stat. 4389, which was for- merly set out as a note under section 101 of this title, and was repealed by Pub. L. 109–59, title I, § 1903(d), Aug. 10, 2005, 119 Stat. 1465. PRIOR PROVISIONS A prior section 313, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 915, authorized the Secretary to cooperate with State highway departments and other agencies in the promotion of highway safety and authorized the ex- penditure of $150,000 out of the administrative funds made available in accordance with section 104(a) of this title for the purposes of this section, prior to repeal by Pub. L. 89–564, title I, § 102(a), Sept. 9, 1966, 80 Stat. 734. See section 401 et seq. of this title. AMENDMENTS 2021—Subsecs. (g), (h). Pub. L. 117–58 added subsec. (g) and redesignated former subsec. (g) as (h). 2012—Subsec. (g). Pub. L. 112–141 added subsec. (g). 2005—Subsec. (a). Pub. L. 109–59, § 1903(c)(1), sub- stituted ‘‘to carry out the Surface Transportation As- sistance Act of 1982 (96 Stat. 2097) or this title’’ for ‘‘by this Act or by any Act amended by this Act or, after the date of enactment of this Act, any funds authorized to be appropriated to carry out this Act, title 23, United States Code, or the Surface Transportation As- sistance Act of 1978’’. Subsec. (b)(3), (4). Pub. L. 109–59, § 1903(c)(2), redesig- nated par. (4) as (3). Subsec. (d). Pub. L. 109–59, § 1903(c)(3), substituted ‘‘the Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or this title that’’ for ‘‘this Act, the Surface Transportation Assistance Act of 1978 or title 23, United States Code, which’’. Subsec. (e) to (g). Pub. L. 109–59, § 1903(c)(4), (5), which directed amendment of this section by striking subsec. (e) and redesignating subsecs. (f) and (g) as (e) and (f), respectively, was executed by making the redesigna- tions and by striking out two subsecs. (e), to reflect the probable intent of Congress. The first subsec. (e) based on subsec. (e) of section 165 of Pub. L. 97–424, as origi- nally enacted, repealed section 401 of the Surface Transportation Assistance Act of 1978, Pub. L. 95–599. The second subsec. (e) based on subsec. (e) of section 165 of Pub. L. 97–424, as added by Pub. L. 102–240, § 1048(b), related to report on purchases from foreign entities waived under subsec. (b) in fiscal years 1992 and 1993. 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 Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. BUY AMERICA WAIVER NOTIFICATION AND ANNUAL REPORTS Pub. L. 118–42, div. F, title I, § 122, Mar. 9, 2024, 138 Stat. 321, provided that: ‘‘Not less than 15 days prior to waiving, under his or her statutory authority, any Buy America requirement for Federal-aid highways projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons there- for: Provided, That the Secretary shall post on a website any waivers granted under the Buy America re- quirements.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 117–328, div. L, title I, § 122, Dec. 29, 2022, 136 Stat. 5116. Pub. L. 117–103, div. L, title I, § 122, Mar. 15, 2022, 136 Stat. 704. Pub. L. 116–260, div. L, title I, § 122, Dec. 27, 2020, 134 Stat. 1841. Pub. L. 116–94, div. H, title I, § 122, Dec. 20, 2019, 133 Stat. 2951. Pub. L. 116–6, div. G, title I, § 122, Feb. 15, 2019, 133 Stat. 412. Pub. L. 115–141, div. L, title I, § 122, Mar. 23, 2018, 132 Stat. 986. Page 354 TITLE 23—HIGHWAYS § 314 Pub. L. 115–31, div. K, title I, § 123, May 5, 2017, 131 Stat. 741. Pub. L. 114–113, div. L, title I, § 122, Dec. 18, 2015, 129 Stat. 2847. Pub. L. 113–235, div. K, title I, § 122, Dec. 16, 2014, 128 Stat. 2708. Pub. L. 113–76, div. L, title I, § 122, Jan. 17, 2014, 128 Stat. 586. Pub. L. 112–55, div. C, title I, § 122, Nov. 18, 2011, 125 Stat. 654. Pub. L. 111–117, div. A, title I, § 123, Dec. 16, 2009, 123 Stat. 3048. Pub. L. 111–8, div. I, title I, § 126, Mar. 11, 2009, 123 Stat. 928. Pub. L. 110–161, div. K, title I, § 130, Dec. 26, 2007, 121 Stat. 2389. Pub. L. 110–244, title I, § 117, June 6, 2008, 122 Stat. 1607, provided that: ‘‘(a) WAIVER NOTIFICATION.— ‘‘(1) IN GENERAL.—If the Secretary of Transpor- tation makes a finding under section 313(b) of title 23, United States Code, with respect to a project, the Secretary shall— ‘‘(A) publish in the Federal Register, before the date on which such finding takes effect, a detailed written justification as to the reasons that such finding is needed; and ‘‘(B) provide notice of such finding and an oppor- tunity for public comment on such finding for a pe- riod of not to exceed 60 days. ‘‘(2) LIMITATION ON STATUTORY CONSTRUCTION.— Nothing in paragraph (1) shall be construed to require the effective date of a finding referred to in para- graph (1) to be delayed until after the close of the public comment period referred to in paragraph (1)(B). ‘‘(b) ANNUAL REPORTS.—Not later than February 1 of each year beginning after the date of enactment of this Act [June 6, 2008], the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Envi- ronment and Public Works of the Senate a report on the projects for which the Secretary made findings under section 313(b) of title 23, United States Code, dur- ing the preceding calendar year and the justifications for such findings.’’ § 314. Relief of employees in hazardous work The Secretary is authorized in an emergency to use appropriations to the Department of Transportation for carrying out the provisions of this title for medical supplies, services, and other assistance necessary for the immediate re- lief of employees of the Federal Highway Admin- istration engaged in hazardous work. (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 ‘‘Department of Trans- portation’’ for ‘‘Department of Commerce’’ and ‘‘Fed- eral Highway Administration’’ for ‘‘Bureau of Public Roads’’. § 315. Rules, regulations, and recommendations Except as provided in sections 202(a)(5), 203(a)(3), and 205(a) of this title, the Secretary is authorized to prescribe and promulgate all need- ful rules and regulations for the carrying out of the provisions of this title. The Secretary may make such recommendations to the Congress and State transportation departments as he deems necessary for preserving and protecting the highways and insuring the safety of traffic thereon. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 915; Pub. L. 100–17, title I, § 133(b)(18), Apr. 2, 1987, 101 Stat. 172; Pub. L. 105–178, title I, § 1212(a)(2)(A)(ii), June 9, 1998, 112 Stat. 193; Pub. L. 112–141, div. A, title I, § 1119(c)(3), July 6, 2012, 126 Stat. 492.) Editorial Notes AMENDMENTS 2012—Pub. L. 112–141 substituted ‘‘202(a)(5), 203(a)(3),’’ for ‘‘204(f)’’. 1998—Pub. L. 105–178 substituted ‘‘State transpor- tation departments’’ for ‘‘State highway departments’’. 1987—Pub. L. 100–17 which directed that this section be amended by substituting ‘‘204(f) and 205(a)’’ for ‘‘204(d), 205(a), 207(b), and 208(c)’’ was executed by sub- stituting ‘‘204(f) and 205(a)’’ for ‘‘204(d), 205(a), 206(b), 207(b), and 208(c)’’, to reflect the probable intent of Con- gress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. § 316. Consent by United States to conveyance of property For the purposes of this title the consent of the United States is given to any railroad or canal company to convey to the State transpor- tation department of any State, or its nominee, any part of its right-of-way or other property in that State acquired by grant from the United States. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 915; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–178 substituted ‘‘State transpor- tation department’’ for ‘‘State highway department’’. § 317. Appropriation for highway purposes of lands or interests in lands owned by the United States (a) If the Secretary determines that any part of the lands or interests in lands owned by the United States is reasonably necessary for the right-of-way of any highway, or as a source of materials for the construction or maintenance of any such highway adjacent to such lands or interests in lands, the Secretary shall file with the Secretary of the Department supervising the administration of such lands or interests in lands a map showing the portion of such lands or interests in lands which it is desired to appro- priate. (b) If within a period of four months after such filing, the Secretary of such Department shall not have certified to the Secretary that the pro- posed appropriation of such land or material is contrary to the public interest or inconsistent with the purposes for which such land or mate-