Sec. 105. Amtrak Buy America provisions
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Section 24305(f) of title 49, United States Code, is amended to read as follows: In this subsection, the term produced in the United States means, with respect to iron and steel, an end product for which all manufacturing processes occurred in the United States, other than a metallurgical process relating to the refinement of steel. Notwithstanding any other provision of law, amounts made available to Amtrak under section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432 ) may not be used for a capital project (as defined in subparagraphs
(A)and
(B)of section 24401(2)) to bring the Northeast Corridor to a state-of-good-repair or for any other capital expense of Amtrak unless the steel, iron, and manufactured goods used for the project or other capital expense are produced in the United States. This subsection applies to all contracts for a project or other capital expense 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. ), regardless of the funding source of such contracts, if at least 1 contract with respect to the project or other capital expense is funded with amounts made available under section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 . In this subsection, the term United States means the States, territories, and possessions of the United States and the District of Columbia. The Secretary of Transportation may waive paragraph
(2)if the Secretary determines that— applying paragraph
(2)would be inconsistent with the public interest, as determined in accordance with the regulations issued in accordance with subparagraph (B); the steel, iron, or manufactured goods required for a project or other capital expense are not produced in the United States— in sufficient and reasonably available quantities; or to a satisfactory quality; or the use of steel, iron, and manufactured goods produced in the United States for a project or other capital expense will increase the total cost of the project or expense by more than 25 percent. Not later than 1 year after the date of the enactment of the Invest in American Jobs Act of 2014 , the Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of paragraph
(2)is inconsistent with the public interest for purposes of subparagraph (A)(i). For purposes of this paragraph, labor costs involved in final assembly shall not be included in calculating the cost of components. If Amtrak seeks a waiver under subparagraph (A), Amtrak shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require. If the Secretary receives a request for a waiver from Amtrak under paragraph (3), the Secretary shall provide notice of, and an opportunity for, public comment on the request at least 30 days before making a determination based on the request. A notice under clause
(i)shall— include the information available to the Secretary concerning the request, including whether the request is being made under clause (i), (ii), or
(iii)of paragraph (3)(A); and be provided by electronic means, including on the official public Internet site of the Department of Transportation. If the Secretary issues a waiver under paragraph (3), the Secretary shall publish, in the Federal Register, a detailed justification for the waiver that— addresses the public comments received under subparagraph (A)(i); and is published before the waiver takes effect. The Secretary may not impose a limitation or condition on assistance provided under this section that restricts— a State from imposing requirements that are more stringent than those imposed under this subsection with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for capital projects or other capital expenses carried out with such assistance; or any recipient of such assistance from complying with such State requirements. Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations (or successor regulations), a person shall be ineligible to receive a contract or subcontract funded with amounts described in paragraph (2)(A) if the Secretary, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally— affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that— were used in a capital project or other capital expense to which this subsection applies; and were not produced in the United States; or represented that any steel, iron, or manufactured goods were produced in the United States if such items— were used in a capital project or other capital expense to which this subsection applies; and were not produced in the United States. This subsection shall be applied in a manner that is consistent with United States obligations under international agreements. The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a capital project or other capital expense funded with amounts described in paragraph (2)(A), including any project or capital expense for which the Secretary has issued a waiver under paragraph (3), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. . Not later than 1 year after the date of the enactment of this Act, and at least every 5 years thereafter, the Secretary of Transportation shall review each standing nationwide waiver issued under section 24305(f) of title 49, United States Code, to determine whether continuing such waiver is necessary. In conducting a review under paragraph (1), the Secretary shall provide notice of and an opportunity for public comment on the review at least 30 days before completing the review. A notice provided under paragraph
(2)shall be provided by electronic means, including on the official public Internet site of the Department of Transportation. If the Secretary finds it is necessary to continue a standing nationwide waiver after a review under paragraph (1), the Secretary shall publish in the Federal Register a detailed justification for such waiver that addresses the public comments received under paragraph (2).
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- Pub. L. 110-432
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