12 2 STA T .49 4 3PUBLIC LA W 11 0– 432 —O CT. 1 6, 200 8‘ ‘ (A)publish i nt h eF e d e ra l R e g ister a detailed w ritten j usti f i c ati o nastowh y the wai v er is needed
and ‘‘( B ) provide notice of such finding and an opportunity for public co m ment on such finding for a reasonable period oftimenottoe x ceed 15 days . ‘‘(5) N ot later than D ecember 3 1 ,20 12, the S ecretary shall submit to the C ommittee on T ransportation and I nfrastructure of the H ouse 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 ma k e a waiver under paragraph (2) of this subsection for goods produced in a foreign country if the Secretary, in consultation with the U nited States Trade Representative, decides that the government of that foreign country — ‘‘(A) has an agreement with the United States G overnment under which the Secretary has waived the re q uirement 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 authori z ed under this chapter if a court or department, agency, or instrumentality of the Government decides the person intentionally— ‘‘(A) affixed a ‘ M ade 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. ‘‘(b) OPERATO R S DEE M E D RA IL CARRIERS A N D E MPLO Y ERS F OR CERTAIN PU RPOSES.—A person that conducts rail operations over rail infrastructure constructed or improved with funding provided in whole or in part in a grant made under this chapter shall Ap p licab ili ty.De a d li n e. R ep or t s . N otice. F ederal Re g ister , p u blication.
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