
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC50101]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                          PART E--MISCELLANEOUS
 
                  CHAPTER 501--BUY-AMERICAN PREFERENCES
 
Sec. 50101. Buying goods produced in the United States

    (a) Preference.--The Secretary of Transportation may obligate an 
amount that may be appropriated to carry out section 106(k), 
44502(a)(2), or 44509, subchapter I of chapter 471 (except section 
47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 
48110) of this title for a project only if steel and manufactured goods 
used in the project are produced in the United States.
    (b) Waiver.--The Secretary may waive subsection (a) of this section 
if the Secretary finds that--
        (1) applying subsection (a) would be inconsistent with the 
    public interest;
        (2) the steel and goods produced in the United States are not 
    produced in a sufficient and reasonably available amount or are not 
    of a satisfactory quality;
        (3) when procuring a facility or equipment under section 
    44502(a)(2) or 44509, subchapter I of chapter 471 (except section 
    47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 
    48110) of this title--
            (A) the cost of components and subcomponents produced in the 
        United States is more than 60 percent of the cost of all 
        components of the facility or equipment; and
            (B) final assembly of the facility or equipment has occurred 
        in the United States; or

        (4) including domestic material will increase the cost of the 
    overall project by more than 25 percent.

    (c) Labor Costs.--In this section, labor costs involved in final 
assembly are not included in calculating the cost of components.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1298, Sec. 49101; 
renumbered Sec. 50101 and amended Pub. L. 104-287, Sec. 5(88)(D), (89), 
Oct. 11, 1996, 110 Stat. 3398.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
49101(a)..............................  49 App.:2226a(a).                Nov. 5
, 1990, Pub. L. 101-508, Sec.
                                                                          9129,
 104 Stat. 1388-371.
49101(b)..............................  49 App.:2226a(b).
49101(c)..............................  49 App.:2226a(c).
-------------------------------------------------------------------------------
---------------------------------

    In this chapter, the word ``goods'' is substituted for ``product'' 
and ``products'' for consistency.
    In subsection (a), the words ``Notwithstanding any other provision 
of law'' are omitted as surplus. The words ``after November 5, 1990'' 
are omitted as obsolete.
    In subsection (b), before clause (1), the words ``The Secretary may 
waive'' are substituted for ``shall not apply'' for consistency. In 
clause (2), the words ``steel and goods'' are substituted for 
``materials and products'' for consistency. In clause (4), the word 
``contract'' is omitted as surplus.


                       Pub. L. 104-287, Sec. 5(89)

    This makes a clarifying amendment to 49:50101(a) and (b)(3), 50102, 
50104(b)(1), and 50105, as redesignated by clause (88)(D) of this 
section, because 49:47106(d) was struck by section 108(1) of the Federal 
Aviation Administration Authorization Act of 1994 (Public Law 103-305, 
108 Stat. 1573).


                               Amendments

    1996--Pub. L. 104-287, Sec. 5(88)(D), renumbered section 49101 of 
this title as this section.
    Subsecs. (a), (b)(3). Pub. L. 104-287, Sec. 5(89), substituted 
``section 47127'' for ``sections 47106(d) and 47127''.


                        Use of Domestic Products

    Pub. L. 103-305, title III, Sec. 305, Aug. 23, 1994, 108 Stat. 1592, 
provided that:
    ``(a) Prohibition Against Fraudulent Use of `Made in America' 
Labels.--(1) A person shall not intentionally affix a label bearing the 
inscription of `Made in America', or any inscription with that meaning, 
to any product sold in or shipped to the United States, if that product 
is not a domestic product.
    ``(2) A person who violates paragraph (1) shall not be eligible for 
any contract for a procurement carried out with amounts authorized under 
this title [enacting section 47509 of this title, amending sections 
44505 and 48102 of this title, and enacting provisions set out as notes 
under this section and section 40101 of this title], including any 
subcontract under such a contract pursuant to the debarment, suspension, 
and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, 
Code of Federal Regulations, or any successor procedures thereto.
    ``(b) Compliance With Buy American Act.--(1) Except as provided in 
paragraph (2), the head of each office within the Federal Aviation 
Administration that conducts procurements shall ensure that such 
procurements are conducted in compliance with sections 2 through 4 of 
the Act of March 3, 1933 (41 U.S.C. 10a through 10c [41 U.S.C. 10a--10b-
1], popularly known as the `Buy American Act').
    ``(2) This subsection shall apply only to procurements made for 
which--
        ``(A) amounts are authorized by this title to be made available; 
    and
        ``(B) solicitations for bids are issued after the date of the 
    enactment of this Act [Aug. 23, 1994].
    ``(3) The Secretary, before January 1, 1995, shall report to the 
Congress on procurements covered under this subsection of products that 
are not domestic products.
    ``(c) Definitions.--For the purposes of this section, the term 
`domestic product' means a product--
        ``(1) that is manufactured or produced in the United States; and
        ``(2) at least 50 percent of the cost of the articles, 
    materials, or supplies of which are mined, produced, or manufactured 
    in the United States.''
    Similar provisions were contained in the following prior 
authorization act: Pub. L. 102-581, title III, Sec. 305, Oct. 31, 1992, 
106 Stat. 4896.


            Purchase of American Made Equipment and Products

    Pub. L. 103-305, title III, Sec. 306, Aug. 23, 1994, 108 Stat. 1593, 
provided that:
    ``(a) Sense of Congress.--It is the sense of Congress that any 
recipient of a grant under this title [enacting section 47509 of this 
title, amending sections 44505 and 48102 of this title, and enacting 
provisions set out as notes under this section and section 40101 of this 
title], or under any amendment made by this title, should purchase, when 
available and cost-effective, American made equipment and products when 
expending grant monies.
    ``(b) Notice to Recipients of Assistance.--In allocating grants 
under this title, or under any amendment made by this title, the 
Secretary shall provide to each recipient a notice describing the 
statement made in subsection (a) by the Congress.''
