Page:United States Statutes at Large Volume 108 Part 2.djvu/107

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 823 that involves acquiring vehicle-related equipment required by the Clean Air Act (42 U.S.C. 7401 et seq.) or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) is for 90 percent of the net project cost of the equipment that is attributable to complying with those Acts. The Secretary of Transportation, through practicable administrative procedures, may determine the costs attributable to that equipment. (j) BUY AMERICAN,,—(1) The Secretary of Transportation may obligate an amount that may be appropriated to carry out this chapter for a project only if the steel, iron, and manufactured goods used in the project are produced in the United States. (2) The Secretary of Transportation may waive paragraph (1) of this subsection if the Secretary finds that— (A) applying paragraph (1) would be inconsistent with the public interest; (B) the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; (C) when procuring rolling stock (including train control, communication, and traction power equipment) under this chapter— (i) the cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the rolling stock; and (ii) final assembly of the rolling stock has occurred in the United States; or (D) including domestic material will increase the cost of the overall project by more than 25 percent. (3) In this subsection, labor costs involved in final assembly are not included in calculating the cost of components. (4) The Secretary of Transportation may not make a waiver under paragraph (2) of this subsection for goods produced in a foreign country if the Secretary, in consultation with the United States Trade Representative, decides that the government of that foreign country— (A) has an agreement with the United States Government under which the Secretary has waived the requirement of this subsection; and (B) has violated the agreement by discriminating against goods to which this subsection applies that are produced in the United States and to which the agreement applies. (5) A person is ineligible under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, to receive a contract or subcontract made with amounts authorized under the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 1914) if a court or department, agency, or instrumentality of the Government decides the person intentionally— (A) affixed a "Made in America" label, or a label with an inscription having the same meaning, to goods sold in or shipped to the United States that are used in a project to which this subsection applies but not produced in the United - States; or (B) represented that goods described in clause (A) of this paragraph were produced in the United States. (6) The Secretary of Transportation may not impose any limitation on assistance provided under this chapter that restricts a State from imposing more stringent requirements than this sub-

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