Page:United States Statutes at Large Volume 122.djvu/4965

 12 2 STA T .49 42 PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 200 8‘ ‘ (1 1 )period i cu pd at e s o f t h ep l a n, especiall y related to pro j ect b ud g et and project schedule, financing, and ridership esti m ates and ‘‘(1 2 ) the recipient ’ s commitment to submit periodically a project budget and project schedule to the S ecretary . ‘‘(b) S ECR E TA R I A LOV ER S I GH T. — ‘‘(1) T he Secretary may use no more than 1 percent of amounts made a v ailable in a fiscal year for capital projects under this chapter to enter into contracts to oversee the construction of such projects. ‘‘(2) The Secretary may use amounts available under para - graph (1) of this subsection to ma k e contracts for safety, procurement, management, and financial compliance revie w s and audits of a recipient of amounts under paragraph (1). ‘‘( 3 ) The F ederal G overnment shall pay the entire cost of carrying out a contract under this subsection. ‘‘(c) A CCESS T O SITES A NDR ECORDS.— E ach recipient of assist- ance under this chapter shall provide the Secretary and a contractor the Secretary chooses under subsection (b) of this section with access to the construction sites and records of the recipient when reasonably necessary. ‘ ‘ §24 4 0 4 .Useofcapit a lgr a n ts to finance first -d ollar lia b ilit y of grant pro j ect ‘‘ N otwithstanding the re q uirements of section 2 4 4 0 2 of this chapter, the Secretary of Transportation may approve the use of a capital assistance grant under this chapter to fund self-insured retention of risk for the first tier of liability insurance coverage for rail passenger service associated with the grant, but the coverage may not e x ceed $ 20,000,000 per occurrence or $20,000,000 in aggre- gate per year. ‘‘§ 2440 5 . G rant conditions ‘‘(a) BUY A M ERICA.—(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 U nited 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 ) rolling stock or power train equipment cannot be bought and delivered in the United States within a reasonable time; or ‘‘( D ) including domestic material will increase the cost of the overall project by more than 2 5 percent. ‘‘(3) For purposes of this subsection, in calculating the compo- nents’ costs, labor costs involved in final assembly shall not be included in the calculation. ‘‘(4) I f the Secretary determines that it is necessary to waive the application of paragraph (1) based on a finding under paragraph (2), the Secretary shall, before the date on which such finding takes effect— Waiver a utho rit y.P ay m e n t s.

�