Sec. 9204. Next Generation Equipment Committee

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Public Law 110–432 , the Passenger Rail Investment and Improvement Act of 2008 Section 305 of Division B of Public Law 110–432 is amended— in subsection (a), by inserting labor organizations that represent employees who perform overhaul and maintenance work on passenger equipment used for intercity passenger rail transportation, after manufacturers, ; by redesignating paragraph

(e)as paragraph (f); and by inserting new paragraph

(e)to read as follows— Not later than December 30, 2013, the Next Generation Corridor Equipment Pool Committee shall issue a report with recommendations regarding the appropriate mechanisms for procuring, managing, and maintaining passenger rail cars and locomotives. This report shall be submitted to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives. . Part E of subtitle V is amended by inserting the following after chapter 285: Sec. 28701. Buying goods produced in the United States. 28702. Fraudulent use of Made in America label. Notwithstanding any other provision of law, the Secretary shall not obligate any funds authorized to be appropriated to carry out subtitle V of this title and administered by the Department of Transportation, nor shall the Secretary provide direct loans or loan guarantees under section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822 ), unless steel, iron, and manufactured products used in the project are produced in the United States. Notwithstanding any other provision of law, rolling stock and power train equipment (including train control, communication, traction power equipment, and rolling stock prototypes) purchased with non-Federal funds in connection with a project receiving Federal financial assistance under subtitle V of this title or under section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822 ), shall only use steel, iron, and manufactured products produced in the United States. The Secretary may waive subsection

(a)of this section if the Secretary finds that— applying subsection

(a)would be inconsistent with the public interest; such materials and products produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; the cost of the domestic material will increase the cost of the end product by more than 25 percent; or when procuring rolling stock or train control systems for high-speed rail, as that term is defined by section 26105(2) of this title— the rolling stock and train control systems are manufactured in the United States substantially from components produced or manufactured in the United States; the rolling stock domestic material improvement plan required by subsection

(c)of this section addresses how the domestic material content of the rolling stock and train control systems will be increased over the duration of the contract; and final assembly of the rolling stock and train control systems, not including prototypes that will primarily be used to test the rolling stock or train control systems, has occurred in the United States; and the waiver justifications contained in this subsection at paragraphs

(1)through

(3)apply to all steel, iron, and manufactured products, including all rolling stock. All rolling stock procurements subject to the requirements of subsection

(a)of this section shall require that rolling stock procurement proposals include a plan to increase the domestic material content of the rolling stock over the duration of the contract. This plan shall address increasing the domestic material content of all components and subcomponents. Significant weight shall be given in the proposal evaluation criteria for the plan achieving the most domestic material content. The recipient of the Federal financial assistance shall conduct an audit post-contract award to verify implementation of the plan. As determined appropriate by the Secretary, a certain amount of funding made available for the rolling stock procurement shall be used to implement the plan. For purposes of this section, labor costs involved in final assembly shall not be included in calculating the cost of components. If the Secretary determines that it is necessary to waive the application of subsection

(a)based on a finding under subsection (b), the Secretary shall, before the date on which such finding takes effect— make available to the public on the Department of Transportation’s public Web site the waiver request and a detailed written justification as to why the waiver is needed; publish in the Federal Register a detailed written justification as to why the waiver is needed; and provide notice of such finding and an opportunity for public comment on such finding for a reasonable period of time not to exceed 15 days. The Secretary may not make a waiver under subsection

(b)of this section 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— has an agreement with the United States Government under which the Secretary has waived the requirement of this section; and has violated the agreement by discriminating against goods to which this section applies that are produced in the United States and to which the agreement applies. The Secretary may not impose any limitation on assistance provided under subtitle V of this title that restricts a 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 that assistance, or restricts a recipient of that assistance from complying with those State-imposed requirements. The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured goods to correct after bid opening any certification of noncompliance or failure to properly complete the certification (but not including failure to sign the certification) under this section if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incorrect certification as a result of an inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on the manufacturer or supplier. A party adversely affected by an agency action under this section shall have the right to seek review under section 702 of title 5. The requirements of this section shall only apply to contracts for which the costs exceed $100,000. This section shall be applied in a manner consistent with United States obligations under international agreements. Made in America label A person is ineligible to receive a contract or subcontract made with amounts authorized under subtitle V of this title or section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822 ) if a court or department, agency, or instrumentality of the Government decides the person intentionally— 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 section applies, but were not produced in the United States; or represented that goods described in paragraph

(1)of this section were produced in the United States. . The analysis for subtitle V is amended by inserting below the item for chapter 285 the following: 287. Buy America preferences 28701 . Section 24305 is amended by repealing subsection (f). Section 24405(a) is amended by redesignating paragraphs

(1)through (11), respectively, as paragraphs

(2)through (12). Section 24405(a) is amended by inserting at the beginning the following: This subsection applies to projects that have received Federal funding to carry out this chapter prior to the enactment of the Rail Safety, Reliability, and Efficiency for a Strong America Act. .

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Pub. L. 110-432
45 USC 822

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Sec. 9204

Next Generation Equipment Committee

Pub. L.Pub. L. 110-432

Cite45 USC 822

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