BUY AMERICAN.

SEC. 9129. BUY AMERICAN. (a) General Rule.—Notwithstanding any other provision of law, the Secretary of Transportation shall not obligate, after the date of enactment of this Act, any funds authorized to be appropriated to carry out this subtitle, section 106(k) of title 49, United States Code, or the Airport and Airway Improvement Act of 1982 (other than section 506(b)) for any project unless steel and manufactured products used in such project are produced in the United States. (b) Limitations on Applicability.—The provisions of subsection (a) of this section shall not apply where the Secretary finds— (1) that their application would be inconsistent with the public interest; (2) that such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; (3) in the case of the procurement of facilities and equipment under the Airport and Airway Improvement Act of 1982 that (A) the cost of components and subcomponents which are produced in the United States is more than 60 percent of the cost of all components of the facility or equipment described in this 104 STAT. 1388–372paragraph, and (B) final assembly of the facility or equipment described in this paragraph has taken place in the United States; or (4) that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. (c) Calculation of Components Costs.—For purposes of this section, in calculating components’ costs, labor costs involved in final assembly shall not be included in the calculation.