§50105 — Title 49 Transportation | U.S. Code

Summary

If the Secretary of Transportation finds that someone intentionally put a false "Made in America" label on goods sold or shipped in the United States, that person must be barred from getting U.S. contracts or grants for 3 to 5 years for contracts under 106(k); 44502(a)(2); 44509; subchapter I of chapter 471; chapter 481 (except 48102(e), 48106, 48107, and 48110); or subtitle B of title IX (Pub. L. 101–508, 104 Stat. 1388–353). The Secretary may sue in any U.S. district court to enforce this.

Title 49, §50105

Transportation — Source: USLM XML via OLRC

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 chapter 471, or chapter 481 (except section 48102(e), 48106, 48107, and 48110) of this title or subtitle B of title IX of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101–508, 104 Stat. 1388–353). The Secretary may bring a civil action to enforce this section in any district court of the United States.

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 103–272 Revised SectionSource (U.S. Code)Source (Statutes at Large) 4910549 App.:2226b.Nov. 5, 1990, Pub. L. 101–508, § 9130, 104 Stat. 1388–372; Oct. 31, 1992, Pub. L. 102–581, § 118(a), 106 Stat. 4883. 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 (Public Law 103–305, 108 Stat. 1573).

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 Pub. L. 101–508, Nov. 5, 1990, 104 Stat. 1388–353, known as the Aviation Safety and Capacity Expansion Act of 1990. Sections 9102 to 9105, 9107 to 9112(b), 9113 to 9115, 9118, 9121 to 9123, 9124 “Sec. 613(c)”, 9125, 9127, and 9129 to 9131 of title IX of Pub. L. 101–508 were repealed by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, Transportation, see table at the beginning of Title 49.

Amendments

2024—Pub. L. 118–63 struck out “(except section 47127)” after “subchapter I of chapter 471”. 1996—Pub. L. 104–287, § 5(89), substituted “section 47127” for “section 47106(d) and 47127”. Pub. L. 104–287, § 5(88)(D), renumbered section 49105 of this title as this section.

§50105 Fraudulent Use of “made in America” Label