To require certain Federal agencies to use iron and steel produced in the United States in carrying out projects for the construction, alteration, or repair of a public building or public work, and for other purposes.

Summary: American Steel First Act of 2008 - Prohibits heads of the Department of Homeland Security (DHS), the Department of Defense (DOD), and the Department of Transportation (DOT) from obligating or expending funds or providing financial assistance for projects for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron and steel used in such project is produced in the United States.

Waives such prohibition in cases where: (1) the prohibition would be inconsistent with the public interest; (2) iron and steel are not produced in the United States in sufficient and reasonably available quantities of a satisfactory quality; or (3) inclusion of iron and steel produced in the United States will increase the cost of the overall project contract by more than 25%. Prohibits waivers by a department head for products produced in a foreign country that is determined by the U.S. Trade Representative to have violated the terms of an agreement with the United States by discriminating against products covered by the agreement that are produced in the United States.

Prohibits such department heads from imposing financial assistance restrictions on: (1) states that impose more stringent requirements on the use of iron and steel in foreign countries in projects carried out with such assistance; or (2) recipients that comply with such state imposed requirements.

Makes any person who intentionally labels or represents a product used in a project under this Act as "Made in America" when it is not ineligible for another department contract from for six years.



Requires the Secretary of Transportation to: (1) publish a justification for a waiver of the prohibition against obligating funds to carry out the Surface Transportation Assistance Act of 1982, highway projects, public transportation projects, or aviation programs unless the steel, iron, and manufactured products used are produced in the United States; and (2) provide for public notice and comment for such waiver.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Steel First Act of 2008''.

SEC. 2. USE OF IRON AND STEEL PRODUCED IN THE UNITED STATES IN THE 
              CONSTRUCTION OF PUBLIC WORKS.

    (a) In General.--Notwithstanding any other provision of law, the 
head of a covered Federal agency shall not obligate or expend funds 
appropriated to the agency, or provide financial assistance using funds 
appropriated to the agency, for a project for the construction, 
alteration, maintenance, or repair of a public building or public work 
unless all of the iron and steel used in such project is produced in 
the United States.
    (b) Exceptions.--The provisions of subsection (a) shall not apply 
to a covered Federal agency in any case in which the head of the agency 
finds--
            (1) that their application would be inconsistent with the 
        public interest;
            (2) that iron and steel are not produced in the United 
        States in sufficient and reasonably available quantities and of 
        a satisfactory quality; or
            (3) that inclusion of iron and steel produced in the United 
        States will increase the cost of the overall project contract 
        by more than 25 percent.
    (c) Written Justification for Waiver.--
            (1) Notice and comment.--If the head of a covered Federal 
        agency determines that it is necessary to waive the application 
        of subsection (a) based on a finding under subsection (b), the 
        head of the agency shall, before the waiver becomes effective--
                    (A) publish in the Federal Register a detailed 
                written justification as to why the waiver is needed; 
                and
                    (B) provide the public with a reasonable period of 
                time for notice and comment.
            (2) Annual report.--Not later than one year after the date 
        of enactment of this Act, and annually thereafter, the head of 
        a covered Federal agency shall submit to Congress a report on--
                    (A) any waivers granted by the head of the agency 
                under subsection (b) in the preceding year, including 
                justifications for the waivers; and
                    (B) any obligation or expenditure of funds by the 
                head of the agency in the preceding year that did not 
                conform to the requirements of this section due to 
                limitations imposed by a treaty, agreement, or other 
                provision of law.
    (d) Relationship to State Requirements.--The head of a covered 
Federal agency shall not impose any limitation or condition on 
financial assistance provided using funds appropriated to the agency 
that restricts any State from imposing more stringent requirements than 
this section on the use of iron and steel in foreign countries in 
projects carried out with such assistance or restricts any recipient of 
such assistance from complying with such State imposed requirements.
    (e) Intentional Violations.--If it has been determined by a court 
or Federal agency that any person intentionally--
            (1) affixed a label bearing a ``Made in America'' 
        inscription, or any inscription with the same meaning, to any 
        product used in projects to which this section applies, sold in 
        or shipped to the United States that was not made in the United 
        States; or
            (2) represented that any product used in projects to which 
        this section applies, sold in or shipped to the United States 
        that was not produced in the United States, was produced in the 
        United States;
that person shall be ineligible, for a period of 6 years beginning on 
the date of the determination, to receive any contract or subcontract 
made with funds authorized to be appropriated to the agency pursuant to 
the debarment, suspension, and ineligibility procedures in subpart 9.4 
of chapter 1 of title 48, Code of Federal Regulations.
    (f) Limitation on Applicability of Waivers to Products Produced in 
Certain Foreign Countries.--If the head of a covered Federal agency, in 
consultation with the United States Trade Representative, determines 
that--
            (1) a foreign country is a party to an agreement with the 
        United States and pursuant to that agreement the head of an 
        agency of the United States has waived the requirements of this 
        section; and
            (2) the foreign country has violated the terms of the 
        agreement by discriminating against products covered by this 
        section that are produced in the United States and are covered 
        by the agreement,
the provisions of subsection (b) shall not apply with respect to the 
head of the covered Federal agency in connection with products produced 
in that foreign country.
    (g) Relationship to Transportation Provisions.--Notwithstanding any 
provision of this section, the requirements contained in section 313 of 
title 23, United States Code, and sections 5323(j) and 50101 of title 
49, United States Code, as amended by this Act, shall continue to 
apply.
    (h) Application of Requirements to Entire Project.--The requirement 
of subsection (a) and the exceptions specified in subsection (b) apply 
to the total of obligations and expenditures for an entire project and 
not only to obligations and expenditures for component parts of such 
project.
    (i) Definitions.--In this section, the following definitions apply:
            (1) Covered federal agency.--The term ``covered Federal 
        agency'' means the Department of Homeland Security, the 
        Department of Defense, and the Department of Transportation.
            (2) Public building; public work.--The terms ``public 
        building'' and ``public work'' have the meanings given such 
        terms in section 1 of the Buy American Act (41 U.S.C. 10c) and 
        include airports, bridges, canals, dams, dikes, pipelines, 
        railroads, multiline mass transit systems, roads, tunnels, 
        harbors, and piers.

SEC. 3. BUY AMERICA REQUIREMENTS IN TRANSPORTATION LAWS.

    (a) Highways.--Section 313 of title 23, United States Code, is 
amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively;
            (2) by inserting after subsection (b) the following:
    ``(c) Written Justification for Waiver.--
            ``(1) Notice and comment.--If the Secretary determines that 
        it is necessary to waive the application of subsection (a) 
        based on a finding under subsection (b), the Secretary shall, 
        before the waiver becomes effective--
                    ``(A) publish in the Federal Register a detailed 
                written justification as to why the waiver is needed; 
                and
                    ``(B) provide the public with a reasonable period 
                of time for notice and comment.
            ``(2) Annual report.--Not later than one year after the 
        date of enactment of this paragraph, and annually thereafter, 
        the Secretary shall submit to the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        report on--
                    ``(A) any waivers granted under subsection (b) in 
                the preceding year, including justifications for the 
                waivers; and
                    ``(B) any obligation of funds by the Secretary in 
                the preceding year that did not conform to the 
                requirements of this section due to limitations imposed 
                by a treaty, agreement, or other provision of law.''; 
                and
            (3) by adding at the end the following:
    ``(h) Application of Requirements to Entire Project.--The 
requirement of subsection (a) and the exceptions specified in 
subsection (b) apply to the total of obligations for an entire project 
and not only to obligations for component parts of such project.''.
    (b) Public Transportation.--Section 5323(j) of title 49, United 
States Code, is amended--
            (1) by striking paragraph (3) and inserting the following:
            ``(3) Written justification for waiver.--
                    ``(A) Notice and comment.--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 waiver 
                becomes effective--
                            ``(i) publish in the Federal Register a 
                        detailed written justification as to why the 
                        waiver is needed; and
                            ``(ii) provide the public with a reasonable 
                        period of time for notice and comment.
                    ``(B) Annual report.--Not later than one year after 
                the date of enactment of this subparagraph, and 
                annually thereafter, the Secretary shall submit to the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate a report on--
                            ``(i) any waivers granted under paragraph 
                        (2) in the preceding year, including 
                        justifications for the waivers; and
                            ``(ii) any obligation of funds by the 
                        Secretary in the preceding year that did not 
                        conform to the requirements of this subsection 
                        due to limitations imposed by a treaty, 
                        agreement, or other provision of law.''; and
            (2) by adding at the end the following:
            ``(10) Application of requirements to entire project.--The 
        requirement of paragraph (1) and the exceptions specified in 
        paragraph (2) apply to the total of obligations for an entire 
        project and not only to obligations for component parts of such 
        project.''.
    (c) Airports.--Section 50101 of title 49, United States Code, is 
amended--
            (1) by redesignating subsection (c) as subsection (d);
            (2) by inserting after subsection (b) the following:
    ``(c) Written Justification for Waiver.--
            ``(1) Notice and comment.--If the Secretary determines that 
        it is necessary to waive the application of subsection (a) 
        based on a finding under subsection (b), the Secretary shall, 
        before the waiver becomes effective--
                    ``(A) publish in the Federal Register a detailed 
                written justification as to why the waiver is needed; 
                and
                    ``(B) provide the public with a reasonable period 
                of time for notice and comment.
            ``(2) Annual report.--Not later than one year after the 
        date of enactment of this paragraph, and annually thereafter, 
        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--
                    ``(A) any waivers granted under subsection (b) in 
                the preceding year, including justifications for the 
                waivers; and
                    ``(B) any obligation of funds by the Secretary in 
                the preceding year that did not conform to the 
                requirements of this section due to limitations imposed 
                by a treaty, agreement, or other provision of law.''; 
                and
            (3) by adding at the end the following:
    ``(d) Application of Requirements to Entire Project.--The 
requirement of subsection (a) and the exceptions specified in 
subsection (b) apply to the total of obligations for an entire project 
and not only to obligations for component parts of such project.''.

SEC. 4. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall apply to 
amounts appropriated or otherwise made available after the date of 
enactment of this Act.