PART E—MISCELLANEOUS
Editorial Notes
Amendments
1996—
CHAPTER 501 —BUY-AMERICAN PREFERENCES
Editorial Notes
Amendments
1996—
§50101. Buying goods produced in the United States
(a)
(b)
(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
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49101(a) | 49 App.:2226a(a). | Nov. 5, 1990, |
| 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, §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 (
Editorial Notes
Amendments
1996—
Subsecs. (a), (b)(3).
Statutory Notes and Related Subsidiaries
Buy America Requirements
"(a)
"(1) make publicly available, in an easily identifiable location on the website of the Department of Transportation, a detailed written justification of the waiver determination; and
"(2) provide an informal public notice and comment opportunity on the waiver determination.
"(b)
Use of Domestic Products
"(a)
"(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
"(b)
"(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)
"(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:
Purchase of American Made Equipment and Products
"(a)
"(b)
§50102. Restricting contract awards because of discrimination against United States goods or services
A person or enterprise domiciled or operating under the laws of a foreign country may not make a contract or subcontract under section 106(k), 44502(a)(2), or 44509, subchapter I of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49102 | 49 App.:2226c. | Nov. 5, 1990, |
The words "government of that country" are substituted for "that government" for consistency in the revised title and with other titles of the United States Code.
Pub. L. 104–287, §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 (
Editorial Notes
References in Text
Subtitle B of title IX of the Omnibus Budget Reconciliation Act of 1990, referred to in text, is subtitle B (§§9101–9131) of title IX of
Amendments
1996—
§50103. Contract preference for domestic firms
(a)
(1) "domestic firm" means a business entity incorporated, and conducting business, in the United States.
(2) "foreign firm" means a business entity not described in clause (1) of this subsection.
(b)
(1) the Administrator decides, and the Secretary of Commerce and the United States Trade Representative concur, that the public interest requires making the contract with the domestic firm, considering United States international obligations and trade relations;
(2) the difference between the bids submitted by the foreign firm and the domestic firm is not more than 6 percent;
(3) the final product of the domestic firm will be assembled completely in the United States; and
(4) at least 51 percent of the final product of the domestic firm will be produced in the United States.
(c)
(1) compelling national security considerations require that subsection (b) of this section not apply; or
(2) the Trade Representative decides that making the contract would violate the multilateral trade agreements (as defined in
(d)
(1) an amount is authorized by
(2) a solicitation for bid is issued after November 5, 1990.
(e)
(1) contracts to which this section applies that are made with foreign firms in the fiscal years ending September 30, 1991, and September 30, 1992;
(2) the number of contracts that meet the requirements of subsection (b) of this section, but that the Trade Representative decides would violate the multilateral trade agreements (as defined in
(3) the number of contracts made under this section.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49103(a) | 49 App.:2226d(e). | Nov. 5, 1990, |
| 49103(b) | 49 App.:2226d(a). | |
| 49103(c) | 49 App.:2226d(b). | |
| 49103(d) | 49 App.:2226d(c). | |
| 49103(e) | 49 App.:2226d(d). |
In subsection (a), the text of 49 App.:2226d(e)(1) is omitted because the complete name of the Administrator of the Federal Aviation Administration is used the first time the term appears in a section.
In subsection (b), before clause (1), the words "Subject to subsections (c) and (d) of this section" are added to alert the reader to the limitations in those subsections. In clause (1), the words "requires making the contract with the domestic firm" are substituted for "so requires" for clarity. The words "considering United States international obligations and trade relations" are substituted for "In determining under this subsection whether the public interest so requires, the Administrator shall take into account United States international obligations and trade relations" to eliminate unnecessary words. In clause (4), the words "when completely assembled" are omitted as surplus. The words "produced in the United States" are substituted for "domestically produced" for consistency with clause (3).
In subsection (c), the words "(1) such applicability would not be in the public interest" are omitted as redundant to subsection (b)(1) of the revised section.
In subsection (e)(1), the words "foreign firms" are substituted for "foreign entities" for consistency in the revised section.
Subsection (e)(3) is substituted for "the number of contracts covered under this subtitle (including the amendments made by this subtitle) and awarded based upon the parameters of this section" to eliminate unnecessary words.
Editorial Notes
Amendments
1999—Subsecs. (c)(2), (e)(2).
1996—
§50104. Restriction on airport projects using products or services of foreign countries denying fair market opportunities
(a)
(1) "project" has the same meaning given that term in
(2) each foreign instrumentality and each territory and possession of a foreign country administered separately for customs purposes is a separate foreign country.
(3) an article substantially produced or manufactured in a foreign country is a product of the country.
(4) a service provided by a person that is a national of a foreign country or that is controlled by a national of a foreign country is a service of the country.
(b)
(2) Paragraph (1) of this subsection does not apply when the Secretary of Transportation decides that—
(A) applying paragraph (1) to the product, service, or project is not in the public interest;
(B) a product or service of the same class or type and of satisfactory quality is not produced or offered in the United States, or in a foreign country not listed under subsection (d)(1) of this section, in a sufficient and reasonably available amount; and
(C) the project cost will increase by more than 20 percent if the product or service is excluded.
(c)
(d)
(2) The Trade Representative shall publish in the Federal Register—
(A) annually the list required under paragraph (1) of this subsection; and
(B) any modification of the list made before the next list is published.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49104(a)(1) | (no source). | |
| 49104(a)(2)– (4) | 49 App.:2226(d). | Sept. 3, 1982, |
| 49104(b) | 49 App.:2226(a). | |
| 49104(c) | 49 App.:2226(b). | |
| 49104(d) | 49 App.:2226(c). |
Subsection (a)(1) is added for clarity.
In subsection (b)(1), the words "subchapter I of
In subsection (b)(2), before clause (A), the words "with respect to the use of a product or service in a project" are omitted as surplus. In clause (B), the words "or service" are added for clarity and consistency in this section. In clause (C), the words "overall" and "contract" are omitted as surplus.
In subsection (c), the words "the date which is", "the date on which", "or not", and "and equitable" are omitted as surplus.
In subsection (d)(1), the words "finds under subsection (c) of this section is denying fair market opportunities" are substituted for "with respect to which an affirmative determination is made under subsection (b)" for clarity.
In subsection (d)(2)(A), the word "entire" is omitted as surplus.
Pub. L. 104–287, §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 (
Editorial Notes
Amendments
1996—
Subsec. (b)(1).
§50105. Fraudulent use of "Made in America" label
If the Secretary of Transportation decides that a person intentionally affixed a "Made in America" label to goods sold in or shipped to the United States that are not made in the United States, the Secretary shall declare the person ineligible, for not less than 3 nor more than 5 years, to receive a contract or grant from the United States Government related to a contract made under section 106(k), 44502(a)(2), or 44509, subchapter I of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49105 | 49 App.:2226b. | Nov. 5, 1990, |
Pub. L. 104–287, §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 (
Editorial Notes
References in Text
Subtitle B of title IX of the Omnibus Budget Reconciliation Act of 1990, referred to in text, is subtitle B (§§9101–9131) of title IX of
Amendments
1996—