5. The Federal Transit Administration (FTA) Buy America Restrictions, the American Recovery and Reinvestment Act of 2009 (ARRA), and the Customs and Border Protection Act

Comment: Several respondents cited other acts that restrict use of foreign iron, steel, and manufactured products in Federally funded projects to those "produced in the United States."

DoD Response: These acts are not germane to this definition, which is implementing 10 U.S.C. 2533b. The language and applicability of these statutes is very different from 10 U.S.C. 2533b. The FTA and Customs and Border Protection Act do not apply to DoD procurements. The ARRA only applies to construction material in acquisitions utilizing ARRA funds. Furthermore, the FTA and ARRA do not apply to specialty metals or armor steel plate but to iron and steel used in construction.