(2) The Secretary of Transportation may waive paragraph (1) of this subsection if the Secretary finds that—
(A) applying paragraph (1) would be inconsistent with the public interest;
(B) the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;
(C) rolling stock or power train equipment cannot be bought and delivered in the United States within a reasonable time; or
(D) including domestic material will increase the cost of the overall project by more than 25 percent.
(3) For purposes of this subsection, in calculating the components' costs, labor costs involved in final assembly shall not be included in the calculation.
(4) If the Secretary determines that it is necessary to waive the application of paragraph (1) based on a finding under paragraph (2), the Secretary shall, before the date on which such finding takes effect—
(A) publish in the Federal Register a detailed written justification as to why the waiver is needed; and
(B) 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.
(5) Not later than December 31, 2012, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on any waivers granted under paragraph (2).
(6) The Secretary of Transportation may not make a waiver under paragraph (2) of this subsection 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—
(A) has an agreement with the United States Government under which the Secretary has waived the requirement of this subsection; and
(B) has violated the agreement by discriminating against goods to which this subsection applies that are produced in the United States and to which the agreement applies.
(7) A person is ineligible to receive a contract or subcontract made with amounts authorized under this chapter if a court or department, agency, or instrumentality of the Government decides the person intentionally—
(A) 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 subsection applies but not produced in the United States; or
(B) represented that goods described in subparagraph (A) of this paragraph were produced in the United States.
(8) The Secretary may not impose any limitation on assistance provided under this chapter that restricts a State from imposing more stringent requirements than this subsection 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.
(9) 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 subsection 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.
(10) A party adversely affected by an agency action under this subsection shall have the right to seek review under section 702 of title 5.
(11) The requirements of this subsection shall only apply to projects for which the costs exceed $100,000.
(1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.);
(2) the Railway Labor Act (45 U.S.C. 151 et seq.); and
(3) the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.).
(1) a written agreement exist between the applicant and the railroad regarding such use and ownership, including—
(A) any compensation for such use;
(B) assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future freight and passenger operations;
(C) an assurance by the railroad that collective bargaining agreements with the railroad's employees (including terms regulating the contracting of work) will remain in full force and effect according to their terms for work performed by the railroad on the railroad transportation corridor; and
(D) an assurance that an applicant complies with liability requirements consistent with section 28103 of this title; and
(2) the applicant agrees to comply with—
(A) the standards of section 24312 of this title, as such section was in effect on September 1, 2003, with respect to the project in the same manner that Amtrak is required to comply with those standards for construction work financed under an agreement made under section 24308(a) of this title; and
(B) the protective arrangements that are equivalent to the protective arrangements established under section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836) with respect to employees affected by actions taken in connection with the project to be financed in whole or in part by grants under this chapter.
(A) gives each such qualified employee of the predecessor provider priority in hiring according to the employee's seniority on the predecessor provider for each position with the replacing entity that is in the employee's craft or class and is available within 3 years after the termination of the service being replaced;
(B) establishes a procedure for notifying such an employee of such positions;
(C) establishes a procedure for such an employee to apply for such positions; and
(D) establishes rates of pay, rules, and working conditions.
(1) commuter rail passenger transportation (as defined in section 24102(4) 1 of this title) operations of a State or local government 2 authority (as those terms are defined in section 5302(11) 1 and (6),1 respectively, of this title) eligible to receive financial assistance under section 5307 of this title, or to its contractor performing services in connection with commuter rail passenger operations (as so defined);
(2) the Alaska Railroad or its contractors; or
(3) Amtrak's access rights to railroad rights of way and facilities under current law.
(Added Pub. L. 110–432, div. B, title III, §301(a), Oct. 16, 2008, 122 Stat. 4942; amended Pub. L. 114–94, div. A, title XI, §11303(b)(1)(D), Dec. 4, 2015, 129 Stat. 1654.)
The Railroad Retirement Act of 1974, referred to in subsec. (b)(1), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, §101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§231 et seq.) of chapter 9 of Title 45, Railroads. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables.
The Railway Labor Act, referred to in subsec. (b)(2), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
The Railroad Unemployment Insurance Act, referred to in subsec. (b)(3), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 367 of Title 45 and Tables.
The date of enactment of this Act, referred to in subsec. (d)(1), probably means the date of enactment of Pub. L. 110–432, which enacted this section and was approved Oct. 16, 2008.
Section 24102(4) of this title, referred to in subsec. (e)(1), was redesignated section 24102(3) of this title by Pub. L. 110–432, div. B, title II, §201(a)(2), Oct. 16, 2008, 122 Stat. 4909.
Section 5302 of this title, referred to in subsec. (e)(1), was amended generally by Pub. L. 112–141, div. B, §20004, July 6, 2012, 126 Stat. 623, and, as so amended, defines the terms "State" and "local governmental authority" in other pars.
2015—Subsec. (b)(2). Pub. L. 114–94, §11303(b)(1)(D)(i), substituted "(45" for "(43".
Subsec. (c)(2)(B). Pub. L. 114–94, §11303(b)(1)(D)(ii), substituted "protective arrangements that are equivalent to the protective arrangements established" for "protective arrangements established".
Subsec. (d)(1). Pub. L. 114–94, §11303(b)(1)(D)(iii), in introductory provisions, inserted "or unless Amtrak ceased providing intercity passenger railroad transportation over the affected route more than 3 years before the commencement of new service" after "unless such service was provided solely by Amtrak to another entity".
Subsec. (f). Pub. L. 114–94, §11303(b)(1)(D)(iv), substituted "under this chapter for commuter rail passenger transportation (as defined in section 24102(3))." for "under this chapter for commuter rail passenger transportation, as defined in section 24102(4) of this title."
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Pub. L. 110–432, div. B, title III, §301(c), Oct. 16, 2008, 122 Stat. 4946, provided that: "In implementing section 24405(a) of title 49, United States Code, the Federal Highway Administration shall, upon request by the Federal Railroad Administration, assist the Federal Railroad Administration in developing a process for posting on its website or distributing via email notices of waiver requests received pursuant to such subsection and soliciting public comments on the intent to issue a waiver. The Federal Railroad Administration's development of such a process does not relieve the Federal Railroad Administration of the requirements under paragraph (4) of such subsection."
1 See References in Text note below.
2 So in original. Probably should be "governmental".