Sec. 1112. Buy America
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/bill/116/hr/2/ih/section-1112A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 313 of title 23, United States Code, is amended— in subsection (a)— by striking Notwithstanding and inserting ; In general— Notwithstanding by striking Secretary of Transportation and inserting Secretary ; and by striking the Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or ; in subsection
(b)by inserting before Determination.— The provisions ; in subsection
(c)by striking For purposes and inserting ; Calculation— For purposes in subsection (d)— by striking The Secretary of Transportation and inserting ; and Requirements— The Secretary by striking the Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or ; and by adding at the end the following: Not later than 120 days after the submission of a request for a waiver, the Secretary shall make a determination under paragraph
(1)or
(2)of subsection
(b)as to whether subsection
(a)shall apply. Not later than 30 days before making a determination regarding a waiver described in paragraph (1), the Secretary shall provide notification and an opportunity for public comment on the request for such waiver. The notification required under subparagraph
(A)shall— describe whether the application is being made for a determination described in subsection (b)(1); and be provided to the public by electronic means, including on the public website of the Department of Transportation. Before a determination described in paragraph
(1)takes effect, the Secretary shall publish a detailed justification for such determination that addresses all public comments received under paragraph (2)— on the public website of the Department of Transportation; and if the Secretary issues a waiver with respect to such determination, in the Federal Register. Not later than 1 year after the date of enactment of this subsection, and at least every 5 years thereafter, the Secretary shall review any standing nationwide waiver issued by the Secretary under this section to ensure such waiver remains justified. Not later than 30 days before the completion of a review under paragraph (1), the Secretary shall provide notification and an opportunity for public comment on such review. Notification provided under this subparagraph shall be provided by electronic means, including on the public website of the Department of Transportation. After the completion of a review under paragraph (1), the Secretary shall publish in the Federal Register a detailed justification for the determination made under paragraph
(1)that addresses all public comments received under paragraph (2). Not later than 120 days after the last day of each fiscal year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committee on Appropriations of the Senate a report on the waivers provided under subsection
(h)during the previous fiscal year and the justifications for such waivers. . Section 123 of title I of division A of the Consolidated Appropriations Act, 2010 ( 23 U.S.C. 313 note; Public Law 111–117 ) is repealed. Section 122 of title I of division H of the Consolidated Appropriations Act, 2019 ( 23 U.S.C. 313 note; Public Law 116–94 ) is repealed. Section 117 of the SAFETEA–LU Technical Corrections Act of 2008 ( 23 U.S.C. 313 note) is repealed.
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- Pub. L. 111-117
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