I 

112TH CONGRESS 

1ST SESSION H. R. 3533 

To ensure that transportation and infrastructure projects carried out using 

Federal financial assistance are constructed with steel, iron, and manufactured goods that are produced in the United States, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 1, 2011 

Mr. RAHALL (for himself, Mr. DEFAZIO, Mr. COSTELLO, Ms. NORTON, Mr. 

NADLER, Ms. BROWN of Florida, Mr. FILNER, Ms. EDDIE BERNICE

JOHNSON of Texas, Mr. CUMMINGS, Mr. BOSWELL, Mr. HOLDEN, Mr. 

CAPUANO, Mr. BISHOP of New York, Mr. MICHAUD, Mr. CARNAHAN, 

Mrs. NAPOLITANO, Mr. LIPINSKI, Mr. ALTMIRE, Mr. WALZ of Minnesota, 

and Mr. COHEN) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure, and in addition to the 

Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To ensure that transportation and infrastructure projects 

carried out using Federal financial assistance are constructed with steel, iron, and manufactured goods that 

are produced in the United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Invest in American Jobs Act of 2011’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—DEPARTMENT OF TRANSPORTATION 

Sec. 101. Federal-aid highway Buy America provisions. 

Sec. 102. Public transportation Buy America provisions. 

Sec. 103. Rail grant Buy America provisions. 

Sec. 104. Rail loan and loan guarantee Buy America provisions. 

Sec. 105. Amtrak Buy America provisions. 

Sec. 106. Aviation Buy America provisions. 

Sec. 107. Department of Transportation Buy America annual report. 

TITLE II—OTHER INFRASTRUCTURE INVESTMENT 

Sec. 201. Wastewater treatment Buy America provisions. 

Sec. 202. Economic development Buy America provisions. 

Sec. 203. FEMA mitigation grant Buy America provisions. 

Sec. 204. Americanization of offshore operations in the Exclusive Economic 

Zone. 

6 TITLE I—DEPARTMENT OF 

7 TRANSPORTATION 

8 SEC. 101. FEDERAL-AID HIGHWAY BUY AMERICA PROVI9 SIONS. 

10 (a) IN GENERAL.—Section 313 of title 23, United 

11 States Code, is amended to read as follows: 

12 ‘‘§ 313. Buy America 

13 ‘‘(a) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 

14 IRON, AND MANUFACTURED GOODS.— 

15 ‘‘(1) IN GENERAL.—Notwithstanding any other 

16 provision of law, funds made available to carry out 

17 this title may not be obligated for a project unless 


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1 the steel, iron, and manufactured goods used for the 

2 project are produced in the United States. 

3 ‘‘(2) SCOPE.—The requirements of this section 

4 apply to all contracts for a project carried out within 

5 the scope of the applicable finding, determination, or 

6 decision under the National Environmental Policy 

7 Act of 1969 (42 U.S.C. 4321 et seq.), regardless of 

8 the funding source of such contracts, if at least one 

9 contract for the project is funded with amounts 

10 made available to carry out this title. 

11 ‘‘(b) EXCEPTIONS.— 

12 ‘‘(1) ISSUANCE OF WAIVERS.—The Secretary 

13 may waive the requirements of subsection (a) only if 

14 the Secretary finds that— 

15 ‘‘(A) applying subsection (a) would be in16 consistent with the public interest, as deter17 mined in accordance with the regulations re18 quired under paragraph (2); 

19 ‘‘(B) the steel, iron, or manufactured 

20 goods required for a project are not produced in 

21 the United States— 

22 ‘‘(i) in sufficient and reasonably avail23 able quantities; or 

24 ‘‘(ii) to a satisfactory quality; or 


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1 ‘‘(C) the use of steel, iron, and manufac2 tured goods produced in the United States for 

3 a project will increase the total cost of the 

4 project by more than 25 percent. 

5 ‘‘(2) REGULATIONS.—Not later than 1 year 

6 after the date of enactment of the Invest in Amer7 ican Jobs Act of 2011, the Secretary shall issue reg8 ulations establishing the criteria that the Secretary 

9 shall use to determine whether the application of 

10 subsection (a) is inconsistent with the public interest 

11 for purposes of paragraph (1)(A). 

12 ‘‘(3) LABOR COSTS.—For purposes of this sub13 section, labor costs involved in final assembly shall 

14 not be included in calculating the cost of compo15 nents. 

16 ‘‘(4) REQUESTS FOR WAIVERS.—A recipient of 

17 assistance under this title seeking a waiver under 

18 paragraph (1) shall submit to the Secretary a re19 quest for the waiver in such form and containing 

20 such information as the Secretary may require. 

21 ‘‘(c) WAIVER REQUIREMENTS.— 

22 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR23 TUNITY FOR COMMENT ON REQUEST FOR A WAIV24 ER.— 


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1 ‘‘(A) IN GENERAL.—If the Secretary re2 ceives a request for a waiver under subsection 

3 (b), the Secretary shall provide notice of and an 

4 opportunity for public comment on the request 

5 at least 30 days before making a finding based 

6 on the request. 

7 ‘‘(B) NOTICE REQUIREMENTS.—A notice 

8 provided under subparagraph (A) shall— 

9 ‘‘(i) include the information available 

10 to the Secretary concerning the request, in11 cluding whether the request is being made 

12 under subsection (b)(1)(A), (b)(1)(B), or 

13 (b)(1)(C); and 

14 ‘‘(ii) be provided by electronic means, 

15 including on the official public Internet 

16 Web site of the Department of Transpor17 tation. 

18 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

19 REGISTER.—If the Secretary issues a waiver under 

20 subsection (b), the Secretary shall publish in the 

21 Federal Register a detailed justification for the 

22 waiver that— 

23 ‘‘(A) addresses the public comments re24 ceived under paragraph (1)(A); and 


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1 ‘‘(B) is published before the waiver takes 

2 effect. 

3 ‘‘(d) STATE REQUIREMENTS.—The Secretary may 

4 not impose a limitation or condition on assistance provided 

5 under this title that restricts— 

6 ‘‘(1) a State from imposing requirements that 

7 are more stringent than those imposed under this 

8 section with respect to limiting the use of articles, 

9 materials, or supplies mined, produced, or manufac10 tured in foreign countries for projects carried out 

11 with such assistance; or 

12 ‘‘(2) any recipient of such assistance from com13 plying with such State requirements. 

14 ‘‘(e) INTENTIONAL VIOLATIONS.—Pursuant to proce15 dures established under subpart 9.4 of chapter 1 of title 

16 48, Code of Federal Regulations, a person shall be ineli17 gible to receive a contract or subcontract funded with 

18 amounts made available to carry out this title if the Sec19 retary, the head of any department, agency, or instrumen20 tality of the United States, or a court determines that 

21 such person intentionally— 

22 ‘‘(1) affixed a label bearing a ‘Made in Amer23 ica’ inscription, or any inscription with the same 

24 meaning, to any steel, iron, or manufactured goods 

25 that— 


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1 ‘‘(A) were used in a project to which this 

2 section applies; and 

3 ‘‘(B) were not produced in the United 

4 States; or 

5 ‘‘(2) represented that any steel, iron, or manu6 factured goods were produced in the United States 

7 that— 

8 ‘‘(A) were used in a project to which this 

9 section applies; and 

10 ‘‘(B) were not produced in the United 

11 States. 

12 ‘‘(f) CONSISTENCY WITH INTERNATIONAL AGREE13 MENTS.— 

14 ‘‘(1) IN GENERAL.—This section shall be ap15 plied in a manner that is consistent with United 

16 States obligations under international agreements. 

17 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

18 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

19 Secretary shall prohibit the use of steel, iron, and 

20 manufactured goods produced in a foreign country 

21 in a project funded with amounts made available to 

22 carry out this title, including any project for which 

23 the Secretary has issued a waiver under subsection 

24 (b), if the Secretary, in consultation with the United 

25 States Trade Representative, determines that the 


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1 foreign country is in violation of the terms of an 

2 agreement with the United States by discriminating 

3 against steel, iron, or manufactured goods that are 

4 produced in the United States and covered by the 

5 agreement.’’. 

6 (b) REVIEW OF NATIONWIDE WAIVERS.—Not later 

7 than 1 year after the date of enactment of this Act, and 

8 at least every 5 years thereafter, the Secretary shall review 

9 each standing nationwide waiver issued under section 313 

10 of title 23, United States Code, to determine whether con11 tinuing such waiver is necessary. 

12 (c) REPEALS.— 

13 (1) WAIVER NOTIFICATION AND ANNUAL RE14 PORTS.—Section 117 of the SAFETEA–LU Tech15 nical Corrections Act of 2008 (23 U.S.C. 313 note) 

16 is repealed. 

17 (2) NOTICE AND PUBLIC COMMENTS.—Section 

18 123 of title I of division A of the Consolidated Ap19 propriations Act, 2010 (23 U.S.C. 313 note) is re20 pealed. 

21 SEC. 102. PUBLIC TRANSPORTATION BUY AMERICA PROVI22 SIONS. 

23 (a) IN GENERAL.—Section 5323(j) of title 49, United 

24 States Code, is amended to read as follows: 

25 ‘‘(j) BUY AMERICA.— 


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1 ‘‘(1) DOMESTIC SOURCE REQUIREMENT FOR

2 STEEL, IRON, AND MANUFACTURED GOODS.— 

3 ‘‘(A) IN GENERAL.—Notwithstanding any 

4 other provision of law, and except as provided 

5 in subparagraph (B), funds made available to 

6 carry out this chapter may not be obligated for 

7 a project unless the steel, iron, and manufac8 tured goods used for the project are produced 

9 in the United States. 

10 ‘‘(B) SPECIAL RULES FOR ROLLING

11 STOCK.—Funds made available to carry out 

12 this chapter may not be obligated for the pro13 curement of rolling stock (including train con14 trol, communication, traction power equipment, 

15 and rolling stock prototypes) unless— 

16 ‘‘(i) the cost of components and sub17 components produced in the United 

18 States— 

19 ‘‘(I) for fiscal year 2012 is more 

20 than 60 percent of the cost of all com21 ponents of the rolling stock; 

22 ‘‘(II) for fiscal year 2013 is more 

23 than 70 percent of the cost of all com24 ponents of the rolling stock; 


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1 ‘‘(III) for fiscal year 2014 is 

2 more than 80 percent of the cost of 

3 all components of the rolling stock; 

4 ‘‘(IV) for fiscal year 2015 is 

5 more than 90 percent of the cost of 

6 all components of the rolling stock; 

7 and 

8 ‘‘(V) for fiscal year 2016, and 

9 each fiscal year thereafter, is 100 per10 cent of the cost of all components of 

11 the rolling stock; and 

12 ‘‘(ii) final assembly of the rolling 

13 stock, including rolling stock prototypes, 

14 occurs in the United States. 

15 ‘‘(C) SCOPE.—The requirements of this 

16 subsection apply to all contracts for a public 

17 transportation project carried out within the 

18 scope of the applicable finding, determination, 

19 or decision under the National Environmental 

20 Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

21 regardless of the funding source of such con22 tracts, if at least one contract for the public 

23 transportation project is funded with amounts 

24 made available to carry out this chapter. 

25 ‘‘(2) EXCEPTIONS.— 


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1 ‘‘(A) ISSUANCE OF WAIVERS.—The Sec2 retary may waive the requirements of para3 graph (1) only if the Secretary finds that— 

4 ‘‘(i) applying paragraph (1) would be 

5 inconsistent with the public interest, as de6 termined in accordance with the regula7 tions required under subparagraph (B); 

8 ‘‘(ii) the steel, iron, or manufactured 

9 goods required for a project are not pro10 duced in the United States— 

11 ‘‘(I) in sufficient and reasonably 

12 available quantities; or 

13 ‘‘(II) to a satisfactory quality; or 

14 ‘‘(iii) the use of steel, iron, and manu15 factured goods produced in the United 

16 States for a project will increase the total 

17 cost of the project by more than 25 per18 cent. 

19 ‘‘(B) REGULATIONS.—Not later than 1 

20 year after the date of enactment of the Invest 

21 in American Jobs Act of 2011, the Secretary 

22 shall issue regulations establishing the criteria 

23 that the Secretary shall use to determine 

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1 consistent with the public interest for purposes 

2 of subparagraph (A)(i). 

3 ‘‘(C) COMPONENTS OF ROLLING STOCK.— 

4 If the Secretary finds that a component of roll5 ing stock is not produced in the United States 

6 in sufficient and reasonably available quantities 

7 or to a satisfactory quality, the Secretary may 

8 issue a waiver under subparagraph (A) with re9 spect to such component. 

10 ‘‘(D) LABOR COSTS.—For purposes of this 

11 subsection, labor costs involved in final assem12 bly shall not be included in calculating the cost 

13 of components. 

14 ‘‘(E) REQUESTS FOR WAIVERS.—A recipi15 ent of assistance under this chapter seeking a 

16 waiver under subparagraph (A) shall submit to 

17 the Secretary a request for the waiver in such 

18 form and containing such information as the 

19 Secretary may require. 

20 ‘‘(3) WAIVER REQUIREMENTS.— 

21 ‘‘(A) PUBLIC NOTIFICATION OF AND OP22 PORTUNITY FOR COMMENT ON REQUEST FOR A

23 WAIVER.— 

24 ‘‘(i) IN GENERAL.—If the Secretary 

25 receives a request for a waiver under paraVerDate Mar 15 2010 05:08 Dec 02, 2011 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3533.IH H3533

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1 graph (2), the Secretary shall provide no2 tice of and an opportunity for public com3 ment on the request at least 30 days be4 fore making a finding based on the re5 quest. 

6 ‘‘(ii) NOTICE REQUIREMENTS.—A no7 tice provided under clause (i) shall— 

8 ‘‘(I) include the information 

9 available to the Secretary concerning 

10 the request, including whether the re11 quest is being made under subpara12 graph (2)(A)(i), (2)(A)(ii), or 

13 (2)(A)(iii); and 

14 ‘‘(II) be provided by electronic 

15 means, including on the official public 

16 Internet Web site of the Department 

17 of Transportation. 

18 ‘‘(B) DETAILED JUSTIFICATION IN FED19 ERAL REGISTER.—If the Secretary issues a 

20 waiver under paragraph (2), the Secretary shall 

21 publish in the Federal Register a detailed jus22 tification for the waiver that— 

23 ‘‘(i) addresses the public comments 

24 received under subparagraph (A)(i); and 


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1 ‘‘(ii) is published before the waiver 

2 takes effect. 

3 ‘‘(4) STATE REQUIREMENTS.—The Secretary 

4 may not impose a limitation or condition on assist5 ance provided under this chapter that restricts— 

6 ‘‘(A) a State from imposing requirements 

7 that are more stringent than those imposed 

8 under this subsection with respect to limiting 

9 the use of articles, materials, or supplies mined, 

10 produced, or manufactured in foreign countries 

11 for projects carried out with such assistance; or 

12 ‘‘(B) any recipient of such assistance from 

13 complying with such State requirements. 

14 ‘‘(5) INTENTIONAL VIOLATIONS.—Pursuant to 

15 procedures established under subpart 9.4 of chapter 

16 1 of title 48, Code of Federal Regulations, a person 

17 shall be ineligible to receive a contract or sub18 contract funded with amounts made available to 

19 carry out this chapter or any other law providing 

20 Federal public transportation assistance if the Sec21 retary, the head of any department, agency, or in22 strumentality of the United States, or a court deter23 mines that such person intentionally— 

24 ‘‘(A) affixed a label bearing a ‘Made in 

25 America’ inscription, or any inscription with the 


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1 same meaning, to any steel, iron, or manufac2 tured goods that— 

3 ‘‘(i) were used in a project to which 

4 this subsection applies; and 

5 ‘‘(ii) were not produced in the United 

6 States; or 

7 ‘‘(B) represented that any steel, iron, or 

8 manufactured goods were produced in the 

9 United States that— 

10 ‘‘(i) were used in a project to which 

11 this subsection applies; and 

12 ‘‘(ii) were not produced in the United 

13 States. 

14 ‘‘(6) CONSISTENCY WITH INTERNATIONAL

15 AGREEMENTS.— 

16 ‘‘(A) IN GENERAL.—This subsection shall 

17 be applied in a manner that is consistent with 

18 United States obligations under international 

19 agreements. 

20 ‘‘(B) TREATMENT OF FOREIGN COUNTRIES

21 IN VIOLATION OF INTERNATIONAL AGREE22 MENTS.—The Secretary shall prohibit the use 

23 of steel, iron, and manufactured goods produced 

24 in a foreign country in a project funded with 

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1 ter or any other law providing Federal public 

2 transportation assistance, including any project 

3 for which the Secretary has issued a waiver 

4 under paragraph (2), if the Secretary, in con5 sultation with the United States Trade Rep6 resentative, determines that the foreign country 

7 is in violation of the terms of an agreement 

8 with the United States by discriminating 

9 against steel, iron, or manufactured goods that 

10 are produced in the United States and covered 

11 by the agreement. 

12 ‘‘(7) OPPORTUNITY TO CORRECT INADVERTENT

13 ERROR.—The Secretary may allow a manufacturer 

14 or supplier of steel, iron, or manufactured goods to 

15 correct after bid opening an incomplete Buy America 

16 certificate or an incorrect certificate of noncompli17 ance (but not a failure to sign a certificate, a sub18 mission of both a certificate of compliance and a cer19 tificate of noncompliance, or a failure to submit any 

20 certificate) under this subsection if such manufac21 turer or supplier attests under penalty of perjury 

22 that such manufacturer or supplier submitted an in23 complete or incorrect certificate as a result of an in24 advertent or clerical error. The burden of estabVerDate Mar 15 2010 05:08 Dec 02, 2011 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3533.IH H3533

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1 lishing inadvertent or clerical error is on the manu2 facturer or supplier.’’. 

3 (b) REVIEW OF GENERAL PUBLIC INTEREST WAIV4 ERS.—Not later than 1 year after the date of enactment 

5 of this Act, and at least every 5 years thereafter, the Sec6 retary shall review the general public interest waivers de7 scribed in subsection (b) of Appendix A of section 661.7 

8 of title 49, Code of Federal Regulations, to determine 

9 whether continuing such waivers is in the public interest. 

10 SEC. 103. RAIL GRANT BUY AMERICA PROVISIONS. 

11 (a) IN GENERAL.—Section 24405(a) of title 49, 

12 United States Code, is amended to read as follows: 

13 ‘‘(a) BUY AMERICA.— 

14 ‘‘(1) DOMESTIC SOURCE REQUIREMENT FOR

15 STEEL, IRON, AND MANUFACTURED GOODS.— 

16 ‘‘(A) IN GENERAL.—Notwithstanding any 

17 other provision of law, funds made available to 

18 carry out this chapter, chapter 223, chapter 

19 261, or section 20154 or 24105 may not be ob20 ligated for a project unless the steel, iron, and 

21 manufactured goods used for the project are 

22 produced in the United States. 

23 ‘‘(B) SCOPE.—The requirements of this 

24 subsection apply to all contracts for a project 

25 carried out within the scope of the applicable 


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1 finding, determination, or decision under the 

2 National Environmental Policy Act of 1969 (42 

3 U.S.C. 4321 et seq.), regardless of the funding 

4 source of such contracts, if at least one contract 

5 for the project is funded with amounts made 

6 available to carry out a provision specified in 

7 subparagraph (A). 

8 ‘‘(2) EXCEPTIONS.— 

9 ‘‘(A) ISSUANCE OF WAIVERS.—The Sec10 retary of Transportation may waive the require11 ments of paragraph (1) only if the Secretary 

12 finds that— 

13 ‘‘(i) applying paragraph (1) would be 

14 inconsistent with the public interest, as de15 termined in accordance with the regula16 tions required under subparagraph (B); 

17 ‘‘(ii) the steel, iron, or manufactured 

18 goods required for a project are not pro19 duced in the United States— 

20 ‘‘(I) in sufficient and reasonably 

21 available quantities; or 

22 ‘‘(II) to a satisfactory quality; or 

23 ‘‘(iii) the use of steel, iron, and manu24 factured goods produced in the United 

25 States for a project will increase the total 


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1 cost of the project by more than 25 per2 cent. 

3 ‘‘(B) REGULATIONS.—Not later than 1 

4 year after the date of enactment of the Invest 

5 in American Jobs Act of 2011, the Secretary 

6 shall issue regulations establishing the criteria 

7 that the Secretary shall use to determine 

8 whether the application of paragraph (1) is in9 consistent with the public interest for purposes 

10 of subparagraph (A)(i). 

11 ‘‘(C) LABOR COSTS.—For purposes of this 

12 paragraph, labor costs involved in final assem13 bly shall not be included in calculating the cost 

14 of components. 

15 ‘‘(D) REQUESTS FOR WAIVERS.—A recipi16 ent of assistance under this chapter, chapter 

17 223, chapter 261, or section 20154 or 24105 

18 seeking a waiver under subparagraph (A) shall 

19 submit to the Secretary a request for the waiver 

20 in such form and containing such information 

21 as the Secretary may require. 

22 ‘‘(3) WAIVER REQUIREMENTS.— 

23 ‘‘(A) PUBLIC NOTIFICATION OF AND OP24 PORTUNITY FOR COMMENT ON REQUEST FOR A

25 WAIVER.— 


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1 ‘‘(i) IN GENERAL.—If the Secretary 

2 receives a request for a waiver under para3 graph (2), the Secretary shall provide no4 tice of and an opportunity for public com5 ment on the request at least 30 days be6 fore making a finding based on the re7 quest. 

8 ‘‘(ii) NOTICE REQUIREMENTS.—A no9 tice provided under clause (i) shall— 

10 ‘‘(I) include the information 

11 available to the Secretary concerning 

12 the request, including whether the re13 quest is being made under paragraph 

14 (2)(A)(i), (2)(A)(ii), or (2)(A)(iii); 

15 and 

16 ‘‘(II) be provided by electronic 

17 means, including on the official public 

18 Internet Web site of the Department 

19 of Transportation. 

20 ‘‘(B) DETAILED JUSTIFICATION IN FED21 ERAL REGISTER.—If the Secretary issues a 

22 waiver under paragraph (2), the Secretary shall 

23 publish in the Federal Register a detailed jus24 tification for the waiver that— 


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1 ‘‘(i) addresses the public comments 

2 received under subparagraph (A)(i); and 

3 ‘‘(ii) is published before the waiver 

4 takes effect. 

5 ‘‘(4) STATE REQUIREMENTS.—The Secretary 

6 may not impose a limitation or condition on assist7 ance provided under this chapter, chapter 223, chap8 ter 261, or section 20154 or 24105 that restricts— 

9 ‘‘(A) a State from imposing requirements 

10 that are more stringent than those imposed 

11 under this subsection with respect to limiting 

12 the use of articles, materials, or supplies mined, 

13 produced, or manufactured in foreign countries 

14 for projects carried out with such assistance; or 

15 ‘‘(B) any recipient of such assistance from 

16 complying with such State requirements. 

17 ‘‘(5) INTENTIONAL VIOLATIONS.—Pursuant to 

18 procedures established under subpart 9.4 of chapter 

19 1 of title 48, Code of Federal Regulations, a person 

20 shall be ineligible to receive a contract or sub21 contract funded with amounts made available to 

22 carry out this chapter, chapter 223, chapter 261, or 

23 section 20154 or 24105 if the Secretary, the head 

24 of any department, agency, or instrumentality of the 


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1 United States, or a court determines that such per2 son intentionally— 

3 ‘‘(A) affixed a label bearing a ‘Made in 

4 America’ inscription, or any inscription with the 

5 same meaning, to any steel, iron, or manufac6 tured goods that— 

7 ‘‘(i) were used in a project to which 

8 this subsection applies; and 

9 ‘‘(ii) were not produced in the United 

10 States; or 

11 ‘‘(B) represented that any steel, iron, or 

12 manufactured goods were produced in the 

13 United States that— 

14 ‘‘(i) were used in a project to which 

15 this subsection applies; and 

16 ‘‘(ii) were not produced in the United 

17 States. 

18 ‘‘(6) CONSISTENCY WITH INTERNATIONAL

19 AGREEMENTS.— 

20 ‘‘(A) IN GENERAL.—This subsection shall 

21 be applied in a manner that is consistent with 

22 United States obligations under international 

23 agreements. 

24 ‘‘(B) TREATMENT OF FOREIGN COUNTRIES

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1 MENTS.—The Secretary shall prohibit the use 

2 of steel, iron, and manufactured goods produced 

3 in a foreign country in a project funded with 

4 amounts made available to carry out this chap5 ter, chapter 223, chapter 261, or section 20154 

6 or 24105, including any project for which the 

7 Secretary has issued a waiver under paragraph 

8 (2), if the Secretary, in consultation with the 

9 United States Trade Representative, determines 

10 that the foreign country is in violation of the 

11 terms of an agreement with the United States 

12 by discriminating against steel, iron, or manu13 factured goods that are produced in the United 

14 States and covered by the agreement. 

15 ‘‘(7) OPPORTUNITY TO CORRECT INADVERTENT

16 ERROR.—The Secretary may allow a manufacturer 

17 or supplier of steel, iron, or manufactured goods to 

18 correct after bid opening an incomplete Buy America 

19 certificate or an incorrect certificate of noncompli20 ance (but not a failure to sign a certificate, a sub21 mission of both a certificate of compliance and a cer22 tificate of noncompliance, or a failure to submit any 

23 certificate) under this subsection if such manufac24 turer or supplier attests under penalty of perjury 

25 that such manufacturer or supplier submitted an inVerDate Mar 15 2010 05:08 Dec 02, 2011 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3533.IH H3533

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1 complete or incorrect certificate as a result of an in2 advertent or clerical error. The burden of estab3 lishing inadvertent or clerical error is on the manu4 facturer or supplier.’’. 

5 (b) REVIEW OF NATIONWIDE WAIVERS.—Not later 

6 than 1 year after the date of enactment of this Act, and 

7 at least every 5 years thereafter, the Secretary shall review 

8 each standing nationwide waiver issued under section 

9 24405(a) of title 49, United States Code, to determine 

10 whether continuing such waiver is necessary. 

11 SEC. 104. RAIL LOAN AND LOAN GUARANTEE BUY AMERICA 

12 PROVISIONS. 

13 Section 502(h)(3) of the Railroad Revitalization and 

14 Regulatory Reform Act of 1976 (45 U.S.C. 822(h)(3)) is 

15 amended— 

16 (1) by striking ‘‘and’’ at the end of subpara17 graph (A); 

18 (2) by striking the period at the end of sub19 paragraph (B) and inserting ‘‘; and’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(C) the requirements of section 24405(a) 

22 of title 49, United States Code.’’. 

23 SEC. 105. AMTRAK BUY AMERICA PROVISIONS. 

24 (a) IN GENERAL.—Section 24305(f) of title 49, 

25 United States Code, is amended to read as follows: 


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1 ‘‘(f) BUY AMERICA.— 

2 ‘‘(1) DOMESTIC SOURCE REQUIREMENT FOR

3 STEEL, IRON, AND MANUFACTURED GOODS.— 

4 ‘‘(A) IN GENERAL.—Notwithstanding any 

5 other provision of law, funds made available to 

6 Amtrak under section 101(c) of the Passenger 

7 Rail Investment and Improvement Act of 2008 

8 (122 Stat. 4908) may not be used for a capital 

9 project (as defined in subparagraphs (A) and 

10 (B) of section 24401(2)) to bring the Northeast 

11 Corridor to a state-of-good-repair or for any 

12 other capital expense of Amtrak unless the 

13 steel, iron, and manufactured goods used for 

14 the project or other capital expense are pro15 duced in the United States. 

16 ‘‘(B) SCOPE.—The requirements of this 

17 subsection apply to contracts for capital 

18 projects or other capital expenses carried out 

19 within the scope of the applicable finding, deter20 mination, or decision under the National Envi21 ronmental Policy Act of 1969 (42 U.S.C. 4321 

22 et seq.), regardless of the funding source of 

23 such contracts, if at least one contract with re24 spect to the project or other capital expense is 

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1 tion 101(c) of the Passenger Rail Investment 

2 and Improvement Act of 2008 (122 Stat. 

3 4908). 

4 ‘‘(C) UNITED STATES DEFINED.—In this 

5 subsection, the term ‘United States’ means the 

6 States, territories, and possessions of the 

7 United States and the District of Columbia. 

8 ‘‘(2) EXCEPTIONS.— 

9 ‘‘(A) ISSUANCE OF WAIVERS.—The Sec10 retary of Transportation may waive the require11 ments of paragraph (1) only if the Secretary 

12 finds that— 

13 ‘‘(i) applying paragraph (1) would be 

14 inconsistent with the public interest, as de15 termined in accordance with the regula16 tions required under subparagraph (B); 

17 ‘‘(ii) the steel, iron, or manufactured 

18 goods required for a project or other cap19 ital expense are not produced in the 

20 United States— 

21 ‘‘(I) in sufficient and reasonably 

22 available quantities; or 

23 ‘‘(II) to a satisfactory quality; or 

24 ‘‘(iii) the use of steel, iron, and manu25 factured goods produced in the United 


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1 States for a project or other capital ex2 pense will increase the total cost of the 

3 project or expense by more than 25 per4 cent. 

5 ‘‘(B) REGULATIONS.—Not later than 1 

6 year after the date of enactment of the Invest 

7 in American Jobs Act of 2011, the Secretary 

8 shall issue regulations establishing the criteria 

9 that the Secretary shall use to determine 

10 whether the application of paragraph (1) is in11 consistent with the public interest for purposes 

12 of subparagraph (A)(i). 

13 ‘‘(C) LABOR COSTS.—For purposes of this 

14 paragraph, labor costs involved in final assem15 bly shall not be included in calculating the cost 

16 of components. 

17 ‘‘(D) REQUESTS FOR WAIVERS.—If Am18 trak seeks a waiver under subparagraph (A), 

19 Amtrak shall submit to the Secretary a request 

20 for the waiver in such form and containing such 

21 information as the Secretary may require. 

22 ‘‘(3) WAIVER REQUIREMENTS.— 

23 ‘‘(A) PUBLIC NOTIFICATION OF AND OP24 PORTUNITY FOR COMMENT ON REQUEST FOR A

25 WAIVER.— 


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1 ‘‘(i) IN GENERAL.—If the Secretary 

2 receives a request for a waiver from Am3 trak under paragraph (2), the Secretary 

4 shall provide notice of and an opportunity 

5 for public comment on the request at least 

6 30 days before making a finding based on 

7 the request. 

8 ‘‘(ii) NOTICE REQUIREMENTS.—A no9 tice provided under clause (i) shall— 

10 ‘‘(I) include the information 

11 available to the Secretary concerning 

12 the request, including whether the re13 quest is being made under paragraph 

14 (2)(A)(i), (2)(A)(ii), or (2)(A)(iii); 

15 and 

16 ‘‘(II) be provided by electronic 

17 means, including on the official public 

18 Internet Web site of the Department 

19 of Transportation. 

20 ‘‘(B) DETAILED JUSTIFICATION IN FED21 ERAL REGISTER.—If the Secretary issues a 

22 waiver under paragraph (2), the Secretary shall 

23 publish in the Federal Register a detailed jus24 tification for the waiver that— 


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1 ‘‘(i) addresses the public comments 

2 received under subparagraph (A)(i); and 

3 ‘‘(ii) is published before the waiver 

4 takes effect. 

5 ‘‘(4) STATE REQUIREMENTS.—The Secretary 

6 may not impose a limitation or condition on assist7 ance provided with funds described in paragraph 

8 (1)(A) that restricts— 

9 ‘‘(A) a State from imposing requirements 

10 that are more stringent than those imposed 

11 under this subsection with respect to limiting 

12 the use of articles, materials, or supplies mined, 

13 produced, or manufactured in foreign countries 

14 for capital projects or other capital expenses 

15 carried out with such assistance; or 

16 ‘‘(B) any recipient of such assistance from 

17 complying with such State requirements. 

18 ‘‘(5) INTERNATIONAL VIOLATIONS.—Pursuant 

19 to procedures established under subpart 9.4 of chap20 ter 1 of title 48, Code of Federal Regulations, a per21 son shall be ineligible to receive a contract or sub22 contract funded with funds described in paragraph 

23 (1)(A) if the Secretary, the head of any department, 

24 agency, or instrumentality of the United States, or 

25 a court determines that such person intentionally— 


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1 ‘‘(A) affixed a label bearing a ‘Made in 

2 America’ inscription, or any inscription with the 

3 same meaning, to any steel, iron, or manufac4 tured goods that— 

5 ‘‘(i) were used in a capital project or 

6 other capital expense to which this sub7 section applies; and 

8 ‘‘(ii) were not produced in the United 

9 States; or 

10 ‘‘(B) represented that any steel, iron, or 

11 manufactured goods were produced in the 

12 United States that— 

13 ‘‘(i) were used in a capital project or 

14 other capital expense to which this sub15 section applies; and 

16 ‘‘(ii) were not produced in the United 

17 States. 

18 ‘‘(6) CONSISTENCY WITH INTERNATIONAL

19 AGREEMENTS.— 

20 ‘‘(A) IN GENERAL.—This subsection shall 

21 be applied in a manner that is consistent with 

22 United States obligations under international 

23 agreements. 

24 ‘‘(B) TREATMENT OF FOREIGN COUNTRIES

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1 MENTS.—The Secretary shall prohibit the use 

2 of steel, iron, and manufactured goods produced 

3 in a foreign country in a capital project or 

4 other capital expense funded with funds de5 scribed in paragraph (1)(A), including any 

6 project or capital expense for which the Sec7 retary has issued a waiver under paragraph (2), 

8 if the Secretary, in consultation with the United 

9 States Trade Representative, determines that 

10 the foreign country is in violation of the terms 

11 of an agreement with the United States by dis12 criminating against steel, iron, or manufactured 

13 goods that are produced in the United States 

14 and covered by the agreement.’’. 

15 (b) REVIEW OF NATIONWIDE WAIVERS.—Not later 

16 than 1 year after the date of enactment of this Act, and 

17 at least every 5 years thereafter, the Secretary shall review 

18 each standing nationwide waiver issued under section 

19 24305(f) of title 49, United States Code, to determine 

20 whether continuing such waiver is necessary. 

21 SEC. 106. AVIATION BUY AMERICA PROVISIONS. 

22 (a) BUY-AMERICAN PREFERENCES.—Chapter 501 of 

23 title 49, United States Code, is amended by striking the 

24 chapter heading and inserting ‘‘BUY AMERICA’’. 


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1 (b) ENHANCEMENTS TO BUY AMERICA REQUIRE2 MENTS.—Section 50101 of such title is amended to read 

3 as follows: 

4 ‘‘§ 50101. Buy America 

5 ‘‘(a) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 

6 IRON, AND MANUFACTURED GOODS.— 

7 ‘‘(1) IN GENERAL.—Notwithstanding any other 

8 provision of law, and except as provided in para9 graph (2), funds made available to carry out section 

10 106(k), 44502(a)(2), or 44509, subchapter I of 

11 chapter 471 (except section 47127), or chapter 481 

12 (except sections 48102(e), 48106, 48107, and 

13 48110) of this title may not be obligated for a 

14 project unless the steel, iron, and manufactured 

15 goods used for the project are produced in the 

16 United States. 

17 ‘‘(2) SPECIAL RULES FOR CERTAIN FACILITIES

18 AND EQUIPMENT.—With respect to a project for the 

19 procurement of a facility or equipment, funds made 

20 available to carry out the provisions specified in 

21 paragraph (1) may not be obligated for the project 

22 unless— 

23 ‘‘(A) the cost of components and sub24 components produced in the United States— 


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1 ‘‘(i) for fiscal year 2012 is more than 

2 60 percent of the cost of all components of 

3 the facility or equipment; 

4 ‘‘(ii) for fiscal year 2013 is more than 

5 70 percent of the cost of all components of 

6 the facility or equipment; 

7 ‘‘(iii) for fiscal year 2014 is more 

8 than 80 percent of the cost of all compo9 nents of the facility or equipment; 

10 ‘‘(iv) for fiscal year 2015 is more than 

11 90 percent of the cost of all components of 

12 the facility or equipment; and 

13 ‘‘(v) for fiscal year 2016, and each fis14 cal year thereafter, is 100 percent of the 

15 cost of all components of the facility or 

16 equipment; and 

17 ‘‘(B) final assembly of the facility or equip18 ment occurs in the United States. 

19 ‘‘(3) SCOPE.—The requirements of this section 

20 apply to all contracts for a project carried out within 

21 the scope of the applicable finding, determination, or 

22 decision under the National Environmental Policy 

23 Act of 1969 (42 U.S.C. 4321 et seq.), regardless of 

24 the funding source of such contracts, if at least one 

25 contract for the project is funded with amounts 


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1 made available to carry out a provision specified in 

2 paragraph (1). 

3 ‘‘(b) EXCEPTIONS.— 

4 ‘‘(1) ISSUANCE OF WAIVERS.—The Secretary of 

5 Transportation may waive the requirements of sub6 section (a) only if the Secretary finds that— 

7 ‘‘(A) applying subsection (a) would be in8 consistent with the public interest, as deter9 mined in accordance with the regulations re10 quired under paragraph (2); 

11 ‘‘(B) the steel, iron, or manufactured 

12 goods required for a project are not produced in 

13 the United States— 

14 ‘‘(i) in sufficient and reasonably avail15 able quantities; or 

16 ‘‘(ii) to a satisfactory quality; or 

17 ‘‘(C) the use of steel, iron, and manufac18 tured goods produced in the United States for 

19 a project will increase the total cost of the 

20 project by more than 25 percent. 

21 ‘‘(2) REGULATIONS.—Not later than 1 year 

22 after the date of enactment of the Invest in Amer23 ican Jobs Act of 2011, the Secretary shall issue reg24 ulations establishing the criteria that the Secretary 

25 shall use to determine whether the application of 


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1 subsection (a) is inconsistent with the public interest 

2 for purposes of paragraph (1)(A). 

3 ‘‘(3) LABOR COSTS.—For purposes of this sec4 tion, labor costs involved in final assembly are not 

5 included in calculating the cost of components. 

6 ‘‘(4) REQUESTS FOR WAIVERS.—An entity seek7 ing a waiver under paragraph (1) shall submit to the 

8 Secretary a request for the waiver in such form and 

9 containing such information as the Secretary may 

10 require. 

11 ‘‘(5) PREFERENCE FOR AMERICAN-ASSEMBLED

12 FACILITIES AND EQUIPMENT.—In the procurement 

13 of a facility or equipment subject to a waiver issued 

14 under paragraph (1), the Secretary shall give pref15 erence to a facility or equipment for which final as16 sembly occurred in the United States. 

17 ‘‘(6) LIMITATION ON WAIVER AUTHORITY.—In 

18 the procurement of a facility or equipment, if the 

19 Secretary finds that a component of the facility or 

20 equipment is not produced in the United States in 

21 sufficient and reasonably available quantities or to a 

22 satisfactory quality, the Secretary may issue a waiv23 er under paragraph (1) with respect to such compo24 nent. 

25 ‘‘(c) WAIVER REQUIREMENTS.— 


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1 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR2 TUNITY FOR COMMENT ON REQUEST FOR A WAIV3 ER.— 

4 ‘‘(A) IN GENERAL.—If the Secretary re5 ceives a request for a waiver under subsection 

6 (b), the Secretary shall provide notice of and an 

7 opportunity for public comment on the request 

8 at least 30 days before making a finding based 

9 on the request. 

10 ‘‘(B) NOTICE REQUIREMENTS.—A notice 

11 provided under subparagraph (A) shall— 

12 ‘‘(i) include the information available 

13 to the Secretary concerning the request, in14 cluding whether the request is being made 

15 under subsection (b)(1)(A), (b)(1)(B), or 

16 (b)(1)(C); and 

17 ‘‘(ii) be provided by electronic means, 

18 including on the official public Internet 

19 Web site of the Department of Transpor20 tation. 

21 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

22 REGISTER.—If the Secretary issues a waiver under 

23 subsection (b), the Secretary shall publish in the 

24 Federal Register a detailed justification for the 

25 waiver that— 


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1 ‘‘(A) addresses the public comments re2 ceived under paragraph (1)(A); and 

3 ‘‘(B) is published before the waiver takes 

4 effect. 

5 ‘‘(d) STATE REQUIREMENTS.—The Secretary may 

6 not impose a limitation or condition on assistance provided 

7 with funds made available to carry out a provision speci8 fied in subsection (a)(1) that restricts— 

9 ‘‘(1) a State from imposing requirements that 

10 are more stringent than those imposed under this 

11 section with respect to limiting the use of articles, 

12 materials, or supplies mined, produced, or manufac13 tured in foreign countries for projects carried out 

14 with such assistance; or 

15 ‘‘(2) any recipient of such assistance from com16 plying with such State requirements. 

17 ‘‘(e) CONSISTENCY WITH INTERNATIONAL AGREE18 MENTS.— 

19 ‘‘(1) IN GENERAL.—This section shall be ap20 plied in a manner that is consistent with United 

21 States obligations under international agreements. 

22 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

23 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

24 Secretary shall prohibit the use of steel, iron, and 

25 manufactured goods produced in a foreign country 


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1 in a project funded with funds made available to 

2 carry out a provision specified in subsection (a)(1), 

3 including any project for which the Secretary has 

4 issued a waiver under subsection (b), if the Sec5 retary, in consultation with the United States Trade 

6 Representative, determines that the foreign country 

7 is in violation of the terms of an agreement with the 

8 United States by discriminating against steel, iron, 

9 or manufactured goods that are produced in the 

10 United States and covered by the agreement.’’. 

11 (c) PROHIBITION ON CONTRACTING UPON FAL12 SIFICATION OF LABEL.—Section 50105 of such title is 

13 amended by inserting ‘‘steel, iron, or manufactured’’ be14 fore ‘‘goods’’. 

15 (d) REVIEW OF NATIONWIDE WAIVERS.—Not later 

16 than 1 year after the date of enactment of this Act, and 

17 at least every 5 years thereafter, the Secretary shall review 

18 each standing nationwide waiver issued under section 

19 50101 of title 49, United States Code, to determine 

20 whether continuing such waiver is necessary. 

21 SEC. 107. DEPARTMENT OF TRANSPORTATION BUY AMER22 ICA ANNUAL REPORT. 

23 Section 308 of title 49, United States Code, is 

24 amended by adding at the end the following: 


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1 ‘‘(f) BUY AMERICA.—Not later than February 1 of 

2 each year beginning after the date of enactment of this 

3 subsection, the Secretary shall submit to Congress a re4 port that— 

5 ‘‘(1) specifies each project with respect to which 

6 the Secretary issued a waiver from a Buy America 

7 requirement during the preceding calendar year; 

8 ‘‘(2) identifies the country of origin and product 

9 specifications for steel, iron, or manufactured goods 

10 acquired pursuant to each waiver from a Buy Amer11 ica requirement issued by the Secretary during the 

12 preceding calendar year; 

13 ‘‘(3) summarizes the monetary value of con14 tracts awarded pursuant to each such waiver; 

15 ‘‘(4) provides the justification for each such 

16 waiver, including the specific law, treaty, or inter17 national agreement under which the waiver was 

18 granted; 

19 ‘‘(5) summarizes the funds expended on— 

20 ‘‘(A) steel, iron, and manufactured goods 

21 produced in the United States for projects with 

22 respect to which a Buy America requirement, 

23 under which the Secretary has waiver authority, 

24 applied during the preceding calendar year; and 


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1 ‘‘(B) steel, iron, and manufactured goods 

2 produced outside the United States for projects 

3 with respect to which the Secretary issued a 

4 waiver from a Buy America requirement during 

5 the preceding calendar year; and 

6 ‘‘(6) provides an employment impact analysis of 

7 the cumulative effect of all waivers from a Buy 

8 America requirement issued by the Secretary during 

9 the preceding calendar year on manufacturing em10 ployment in the United States.’’. 

11 TITLE II—OTHER 

12 INFRASTRUCTURE INVESTMENT 

13 SEC. 201. WASTEWATER TREATMENT BUY AMERICA PROVI14 SIONS. 

15 (a) IN GENERAL.—Title VI of the Federal Water 

16 Pollution Control Act (33 U.S.C. 1381 et seq.) is amended 

17 by adding at the end the following: 

18 ‘‘SEC. 608. BUY AMERICA. 

19 ‘‘(a) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 

20 IRON, AND MANUFACTURED GOODS.— 

21 ‘‘(1) IN GENERAL.—Notwithstanding any other 

22 provision of law, funds made available from a State 

23 water pollution control revolving fund established 

24 under this title may not be used, in whole or in part, 

25 for a project for the construction of a publicly owned 


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1 treatment works unless the steel, iron, and manufac2 tured goods used for the project are produced in the 

3 United States. 

4 ‘‘(2) SCOPE.—The requirements of this section 

5 apply to all contracts for the construction of a treat6 ment works carried out within the scope of the ap7 plicable finding, determination, or decision under 

8 section 511(c)(1), regardless of the funding source 

9 of such contracts, if at least one contract for the 

10 construction is funded with amounts made available 

11 to carry out this title. 

12 ‘‘(b) EXCEPTIONS.— 

13 ‘‘(1) ISSUANCE OF WAIVERS.—The Adminis14 trator may waive the requirements of subsection (a) 

15 only if the Administrator finds that— 

16 ‘‘(A) applying subsection (a) would be in17 consistent with the public interest, as deter18 mined in accordance with the regulations re19 quired under paragraph (2); 

20 ‘‘(B) the steel, iron, or manufactured 

21 goods required for a project are not produced in 

22 the United States— 

23 ‘‘(i) in sufficient and reasonably avail24 able quantities; or 

25 ‘‘(ii) to a satisfactory quality; or 


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1 ‘‘(C) the use of steel, iron, and manufac2 tured goods produced in the United States for 

3 a project will increase the total cost of the 

4 project by more than 25 percent. 

5 ‘‘(2) REGULATIONS.—Not later than 1 year 

6 after the date of enactment of this section, the Ad7 ministrator shall issue regulations establishing the 

8 criteria that the Administrator shall use to deter9 mine whether the application of subsection (a) is in10 consistent with the public interest for purposes of 

11 paragraph (1)(A). 

12 ‘‘(3) REQUESTS FOR WAIVERS.—A recipient of 

13 assistance under this title seeking a waiver under 

14 paragraph (1) shall submit to the Administrator a 

15 request for the waiver in such form and containing 

16 such information as the Administrator may require. 

17 ‘‘(c) WAIVER REQUIREMENTS.— 

18 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR19 TUNITY FOR COMMENT ON REQUEST FOR A WAIV20 ER.— 

21 ‘‘(A) IN GENERAL.—If the Administrator 

22 receives a request for a waiver under subsection 

23 (b), the Administrator shall provide notice of 

24 and an opportunity for public comment on the 


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1 request at least 30 days before making a find2 ing based on the request. 

3 ‘‘(B) NOTICE REQUIREMENTS.—A notice 

4 provided under subparagraph (A) shall— 

5 ‘‘(i) include the information available 

6 to the Administrator concerning the re7 quest, including whether the request is 

8 being made under subsection (b)(1)(A), 

9 (b)(1)(B), or (b)(1)(C); and 

10 ‘‘(ii) be provided by electronic means, 

11 including on the official public Internet 

12 Web site of the Environmental Protection 

13 Agency. 

14 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

15 REGISTER.—If the Administrator issues a waiver 

16 under subsection (b), the Administrator shall publish 

17 in the Federal Register a detailed justification for 

18 the waiver that— 

19 ‘‘(A) addresses the public comments re20 ceived under paragraph (1)(A); and 

21 ‘‘(B) is published before the waiver takes 

22 effect. 

23 ‘‘(3) ANNUAL REPORT.—Not later than Feb24 ruary 1 of each year beginning after the date of en25 actment of this section, the Administrator shall subVerDate Mar 15 2010 05:08 Dec 02, 2011 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H3533.IH H3533

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1 mit to the Committee on Transportation and Infra2 structure of the House of Representatives and the 

3 Committee on Environment and Public Works of the 

4 Senate a report that— 

5 ‘‘(A) specifies each project with respect to 

6 which the Administrator issued a waiver under 

7 subsection (b) during the preceding calendar 

8 year; 

9 ‘‘(B) identifies the country of origin and 

10 product specifications for steel, iron, or manu11 factured goods acquired pursuant to each waiv12 er under subsection (b) issued by the Adminis13 trator during the preceding calendar year; 

14 ‘‘(C) summarizes the monetary value of 

15 contracts awarded pursuant to each such waiv16 er; 

17 ‘‘(D) provides the justification for each 

18 such waiver, including the specific law, treaty, 

19 or international agreement under which the 

20 waiver was granted; 

21 ‘‘(E) summarizes the funds expended on— 

22 ‘‘(i) steel, iron, and manufactured 

23 goods produced in the United States for 

24 projects with respect to which the Buy 

25 America requirement under this section 


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1 applied during the preceding calendar year; 

2 and 

3 ‘‘(ii) steel, iron, and manufactured 

4 goods produced outside the United States 

5 for projects with respect to which the Ad6 ministrator issued a waiver under sub7 section (b) during the preceding calendar 

8 year; and 

9 ‘‘(F) provides an employment impact anal10 ysis of the cumulative effect of all waivers 

11 under subsection (b) issued by the Adminis12 trator during the preceding calendar year on 

13 manufacturing employment in the United 

14 States. 

15 ‘‘(d) STATE REQUIREMENTS.—The Administrator 

16 may not impose a limitation or condition on assistance 

17 provided under this title that restricts— 

18 ‘‘(1) a State from imposing requirements that 

19 are more stringent than those imposed under this 

20 section with respect to limiting the use of articles, 

21 materials, or supplies mined, produced, or manufac22 tured in foreign countries for projects carried out 

23 with such assistance; or 

24 ‘‘(2) any recipient of such assistance from com25 plying with such State requirements. 


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1 ‘‘(e) INTENTIONAL VIOLATIONS.—Pursuant to proce2 dures established under subpart 9.4 of chapter 1 of title 

3 48, Code of Federal Regulations, a person shall be ineli4 gible to receive a contract or subcontract funded with 

5 amounts made available from a State water pollution con6 trol revolving fund established under this title if the Ad7 ministrator, the head of any department, agency, or in8 strumentality of the United States, or a court determines 

9 that such person intentionally— 

10 ‘‘(1) affixed a label bearing a ‘Made in Amer11 ica’ inscription, or any inscription with the same 

12 meaning, to any steel, iron, or manufactured goods 

13 that— 

14 ‘‘(A) were used in a project to which this 

15 section applies; and 

16 ‘‘(B) were not produced in the United 

17 States; or 

18 ‘‘(2) represented that any steel, iron, or manu19 factured goods were produced in the United States 

20 that— 

21 ‘‘(A) were used in a project to which this 

22 section applies; and 

23 ‘‘(B) were not produced in the United 

24 States. 


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1 ‘‘(f) CONSISTENCY WITH INTERNATIONAL AGREE2 MENTS.— 

3 ‘‘(1) IN GENERAL.—This section shall be ap4 plied in a manner that is consistent with United 

5 States obligations under international agreements. 

6 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

7 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

8 Administrator shall prohibit the use of steel, iron, 

9 and manufactured goods produced in a foreign coun10 try in a project funded with amounts made available 

11 from a State water pollution control revolving fund 

12 established under this title, including any project for 

13 which the Administrator has issued a waiver under 

14 subsection (b), if the Administrator, in consultation 

15 with the United States Trade Representative, deter16 mines that the foreign country is in violation of the 

17 terms of an agreement with the United States by 

18 discriminating against steel, iron, or manufactured 

19 goods that are produced in the United States and 

20 covered by the agreement.’’. 

21 (b) REVIEW OF NATIONWIDE WAIVERS.—Not later 

22 than 1 year after the date of enactment of this Act, and 

23 at least every 5 years thereafter, the Administrator shall 

24 review each standing nationwide waiver issued under sec25 tion 608 of the Federal Water Pollution Control Act (as 


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1 added by this section) to determine whether continuing 

2 such waiver is necessary. 

3 SEC. 202. ECONOMIC DEVELOPMENT BUY AMERICA PROVI4 SIONS. 

5 (a) IN GENERAL.—Title VI of the Public Works and 

6 Economic Development Act of 1965 (42 U.S.C. 3211 et 

7 seq.) is amended by adding at the end the following: 

8 ‘‘SEC. 613. BUY AMERICA. 

9 ‘‘(a) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 

10 IRON, AND MANUFACTURED GOODS.— 

11 ‘‘(1) IN GENERAL.—Notwithstanding any other 

12 provision of law, funds made available to carry out 

13 section 201 or 209 may not be obligated for a 

14 project unless the steel, iron, and manufactured 

15 goods used for the project are produced in the 

16 United States. 

17 ‘‘(2) SCOPE.—The requirements of this section 

18 apply to all contracts for a project carried out within 

19 the scope of the applicable finding, determination, or 

20 decision under the National Environmental Policy 

21 Act of 1969 (42 U.S.C. 4321 et seq.) regardless of 

22 the funding source of such contracts, if at least one 

23 contract for the project is funded with amounts 

24 made available to carry out section 201 or 209. 

25 ‘‘(b) EXCEPTIONS.— 


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1 ‘‘(1) ISSUANCE OF WAIVERS.—The Secretary 

2 may waive the requirements of subsection (a) only if 

3 the Secretary finds that— 

4 ‘‘(A) applying subsection (a) would be in5 consistent with the public interest, as deter6 mined in accordance with the regulations re7 quired under paragraph (2); 

8 ‘‘(B) the steel, iron, or manufactured 

9 goods required for a project are not produced in 

10 the United States— 

11 ‘‘(i) in sufficient and reasonably avail12 able quantities; or 

13 ‘‘(ii) to a satisfactory quality; or 

14 ‘‘(C) the use of steel, iron, and manufac15 tured goods produced in the United States for 

16 a project will increase the total cost of the 

17 project by more than 25 percent. 

18 ‘‘(2) REGULATIONS.—Not later than 1 year 

19 after the date of enactment of this section, the Sec20 retary shall issue regulations establishing the criteria 

21 that the Secretary shall use to determine whether 

22 the application of subsection (a) is inconsistent with 

23 the public interest for purposes of paragraph (1)(A). 

24 ‘‘(3) REQUESTS FOR WAIVERS.—A recipient of 

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1 er under paragraph (1) shall submit to the Secretary 

2 a request for the waiver in such form and containing 

3 such information as the Secretary may require. 

4 ‘‘(c) WAIVER REQUIREMENTS.— 

5 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR6 TUNITY FOR COMMENT ON REQUEST FOR A WAIV7 ER.— 

8 ‘‘(A) IN GENERAL.—If the Secretary re9 ceives a request for a waiver under subsection 

10 (b), the Secretary shall provide notice of and an 

11 opportunity for public comment on the request 

12 at least 30 days before making a finding based 

13 on the request. 

14 ‘‘(B) NOTICE REQUIREMENTS.—A notice 

15 provided under subparagraph (A) shall— 

16 ‘‘(i) include the information available 

17 to the Secretary concerning the request, in18 cluding whether the request is being made 

19 under subsection (b)(1)(A), (b)(1)(B), or 

20 (b)(1)(C); and 

21 ‘‘(ii) be provided by electronic means, 

22 including on the official public Internet 

23 Web site of the Department. 

24 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

25 REGISTER.—If the Secretary issues a waiver under 


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1 subsection (b), the Secretary shall publish in the 

2 Federal Register a detailed justification for the 

3 waiver that— 

4 ‘‘(A) addresses the public comments re5 ceived under paragraph (1)(A); and 

6 ‘‘(B) is published before the waiver takes 

7 effect. 

8 ‘‘(3) ANNUAL REPORT.—Not later than Feb9 ruary 1 of each year beginning after the date of en10 actment of this section, the Secretary shall submit to 

11 the Committee on Transportation and Infrastructure 

12 of the House of Representatives and the Committee 

13 on Environment and Public Works of the Senate a 

14 report that— 

15 ‘‘(A) specifies each project with respect to 

16 which the Secretary issued a waiver under sub17 section (b) during the preceding calendar year; 

18 ‘‘(B) identifies the country of origin and 

19 product specifications for steel, iron, or manu20 factured goods acquired pursuant to each waiv21 er under subsection (b) issued by the Secretary 

22 during the preceding calendar year; 

23 ‘‘(C) summarizes the monetary value of 

24 contracts awarded pursuant to each such waiv25 er; 


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1 ‘‘(D) provides the justification for each 

2 such waiver, including the specific law, treaty, 

3 or international agreement under which the 

4 waiver was granted; 

5 ‘‘(E) summarizes the funds expended on— 

6 ‘‘(i) steel, iron, and manufactured 

7 goods produced in the United States for 

8 projects with respect to which the Buy 

9 America requirement under this section 

10 applied during the preceding calendar year; 

11 and 

12 ‘‘(ii) steel, iron, and manufactured 

13 goods produced outside the United States 

14 for projects with respect to which the Sec15 retary issued a waiver under subsection (b) 

16 during the preceding calendar year; and 

17 ‘‘(F) provides an employment impact anal18 ysis of the cumulative effect of all waivers 

19 under subsection (b) issued by the Secretary 

20 during the preceding calendar year on manufac21 turing employment in the United States. 

22 ‘‘(d) STATE REQUIREMENTS.—The Secretary may 

23 not impose a limitation or condition on assistance provided 

24 under section 201 or 209 that restricts— 


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•HR 3533 IH

1 ‘‘(1) a State from imposing requirements that 

2 are more stringent than those imposed under this 

3 section with respect to limiting the use of articles, 

4 materials, or supplies mined, produced, or manufac5 tured in foreign countries for projects carried out 

6 with such assistance; or 

7 ‘‘(2) any recipient of such assistance from com8 plying with such State requirements. 

9 ‘‘(e) INTENTIONAL VIOLATIONS.—Pursuant to proce10 dures established under subpart 9.4 of chapter 1 of title 

11 48, Code of Federal Regulations, a person shall be ineli12 gible to receive a contract or subcontract funded with 

13 amounts made available to carry out section 201 or 209 

14 if the Secretary, the head of any department, agency, or 

15 instrumentality of the United States, or a court deter16 mines that such person intentionally— 

17 ‘‘(1) affixed a label bearing a ‘Made in Amer18 ica’ inscription, or any inscription with the same 

19 meaning, to any steel, iron, or manufactured goods 

20 that— 

21 ‘‘(A) were used in a project to which this 

22 section applies; and 

23 ‘‘(B) were not produced in the United 

24 States; or 


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1 ‘‘(2) represented that any steel, iron, or manu2 factured goods were produced in the United States 

3 that— 

4 ‘‘(A) were used in a project to which this 

5 section applies; and 

6 ‘‘(B) were not produced in the United 

7 States. 

8 ‘‘(f) CONSISTENCY WITH INTERNATIONAL AGREE9 MENTS.— 

10 ‘‘(1) IN GENERAL.—This section shall be ap11 plied in a manner that is consistent with United 

12 States obligations under international agreements. 

13 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

14 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

15 Secretary shall prohibit the use of steel, iron, and 

16 manufactured goods produced in a foreign country 

17 in a project funded with amounts made available to 

18 carry out section 201 or 209, including any project 

19 for which the Secretary has issued a waiver under 

20 subsection (b), if the Secretary, in consultation with 

21 the United States Trade Representative, determines 

22 that the foreign country is in violation of the terms 

23 of an agreement with the United States by discrimi24 nating against steel, iron, or manufactured goods 


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1 that are produced in the United States and covered 

2 by the agreement.’’. 

3 (b) REVIEW OF NATIONWIDE WAIVERS.—Not later 

4 than 1 year after the date of enactment of this Act, and 

5 at least every 5 years thereafter, the Secretary shall review 

6 each standing nationwide waiver issued under section 613 

7 of the Public Works and Economic Development Act of 

8 1965 (as added by this section) to determine whether con9 tinuing such waiver is necessary. 

10 SEC. 203. FEMA MITIGATION GRANT BUY AMERICA PROVI11 SIONS. 

12 (a) IN GENERAL.—Title VII of the Robert T. Staf13 ford Disaster Relief and Emergency Assistance Act (42 

14 U.S.C. 5201 et seq.) is amended by adding at the end 

15 the following: 

16 ‘‘SEC. 707. BUY AMERICA. 

17 ‘‘(a) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 

18 IRON, AND MANUFACTURED GOODS.— 

19 ‘‘(1) IN GENERAL.—Notwithstanding any other 

20 provision of law, funds made available to carry out 

21 section 203, 404, 406, 417, or 614 may not be obli22 gated for a project unless the steel, iron, and manu23 factured goods used for the project are produced in 

24 the United States. 


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1 ‘‘(2) SCOPE.—The requirements of this section 

2 apply to all contracts for a project carried out within 

3 the scope of the applicable finding, determination, or 

4 decision under the National Environmental Policy 

5 Act of 1969 (42 U.S.C. 4321 et seq.) regardless of 

6 the funding source of such contracts, if at least one 

7 contract for the project is funded with amounts 

8 made available to carry out a section specified in 

9 paragraph (1). 

10 ‘‘(b) EXCEPTIONS.— 

11 ‘‘(1) ISSUANCE OF WAIVERS.—The President 

12 may waive the requirements of subsection (a) only if 

13 the President finds that— 

14 ‘‘(A) applying subsection (a) would be in15 consistent with the public interest, as deter16 mined in accordance with the regulations re17 quired under paragraph (2); 

18 ‘‘(B) the steel, iron, or manufactured 

19 goods required for a project are not produced in 

20 the United States— 

21 ‘‘(i) in sufficient and reasonably avail22 able quantities; or 

23 ‘‘(ii) to a satisfactory quality; or 

24 ‘‘(C) the use of steel, iron, and manufac25 tured goods produced in the United States for 


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1 a project will increase the total cost of the 

2 project by more than 25 percent. 

3 ‘‘(2) REGULATIONS.—Not later than 1 year 

4 after the date of enactment of this section, the 

5 President shall issue regulations establishing the cri6 teria that the President shall use to determine 

7 whether the application of subsection (a) is incon8 sistent with the public interest for purposes of para9 graph (1)(A). 

10 ‘‘(3) REQUESTS FOR WAIVERS.—A recipient of 

11 assistance under a section specified in subsection 

12 (a)(1) seeking a waiver under paragraph (1) shall 

13 submit to the President a request for the waiver in 

14 such form and containing such information as the 

15 President may require. 

16 ‘‘(c) WAIVER REQUIREMENTS.— 

17 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR18 TUNITY FOR COMMENT ON REQUEST FOR A WAIV19 ER.— 

20 ‘‘(A) IN GENERAL.—If the President re21 ceives a request for a waiver under subsection 

22 (b), the President shall provide notice of and an 

23 opportunity for public comment on the request 

24 at least 30 days before making a finding based 

25 on the request. 


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1 ‘‘(B) NOTICE REQUIREMENTS.—A notice 

2 provided under subparagraph (A) shall— 

3 ‘‘(i) include the information available 

4 to the President concerning the request, 

5 including whether the request is being 

6 made under subsection (b)(1)(A), 

7 (b)(1)(B), or (b)(1)(C); and 

8 ‘‘(ii) be provided by electronic means, 

9 including on the official public Internet 

10 Web site of the President. 

11 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

12 REGISTER.—If the President issues a waiver under 

13 subsection (b), the President shall publish in the 

14 Federal Register a detailed justification for the 

15 waiver that— 

16 ‘‘(A) addresses the public comments re17 ceived under paragraph (1)(A); and 

18 ‘‘(B) is published before the waiver takes 

19 effect. 

20 ‘‘(3) ANNUAL REPORT.—Not later than Feb21 ruary 1 of each year beginning after the date of en22 actment of this section, the President shall submit 

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1 mittee on Homeland Security and Governmental Af2 fairs of the Senate a report that— 

3 ‘‘(A) specifies each project with respect to 

4 which the President issued a waiver under sub5 section (b) during the preceding calendar year; 

6 ‘‘(B) identifies the country of origin and 

7 product specifications for steel, iron, or manu8 factured goods acquired pursuant to each waiv9 er under subsection (b) issued by the President 

10 during the preceding calendar year; 

11 ‘‘(C) summarizes the monetary value of 

12 contracts awarded pursuant to each such waiv13 er; 

14 ‘‘(D) provides the justification for each 

15 such waiver, including the specific law, treaty, 

16 or international agreement under which the 

17 waiver was granted; 

18 ‘‘(E) summarizes the funds expended on— 

19 ‘‘(i) steel, iron, and manufactured 

20 goods produced in the United States for 

21 projects with respect to which the Buy 

22 America requirement under this section 

23 applied during the preceding calendar year; 

24 and 


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1 ‘‘(ii) steel, iron, and manufactured 

2 goods produced outside the United States 

3 for projects with respect to which the 

4 President issued a waiver under subsection 

5 (b) during the preceding calendar year; 

6 and 

7 ‘‘(F) provides an employment impact anal8 ysis of the cumulative effect of all waivers 

9 under subsection (b) issued by the President 

10 during the preceding calendar year on manufac11 turing employment in the United States. 

12 ‘‘(d) STATE REQUIREMENTS.—The President may 

13 not impose a limitation or condition on assistance provided 

14 under a section specified in subsection (a)(1) that re15 stricts— 

16 ‘‘(1) a State from imposing requirements that 

17 are more stringent than those imposed under this 

18 section with respect to limiting the use of articles, 

19 materials, or supplies mined, produced, or manufac20 tured in foreign countries for projects carried out 

21 with such assistance; or 

22 ‘‘(2) any recipient of such assistance from com23 plying with such State requirements. 

24 ‘‘(e) INTENTIONAL VIOLATIONS.—Pursuant to proce25 dures established under subpart 9.4 of chapter 1 of title 


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1 48, Code of Federal Regulations, a person shall be ineli2 gible to receive a contract or subcontract funded with 

3 amounts made available to carry out a section specified 

4 in subsection (a)(1) if the President, the head of any de5 partment, agency, or instrumentality of the United States, 

6 or a court determines that such person intentionally— 

7 ‘‘(1) affixed a label bearing a ‘Made in Amer8 ica’ inscription, or any inscription with the same 

9 meaning, to any steel, iron, or manufactured goods 

10 that— 

11 ‘‘(A) were used in a project to which this 

12 section applies; and 

13 ‘‘(B) were not produced in the United 

14 States; or 

15 ‘‘(2) represented that any steel, iron, or manu16 factured goods were produced in the United States 

17 that— 

18 ‘‘(A) were used in a project to which this 

19 section applies; and 

20 ‘‘(B) were not produced in the United 

21 States. 

22 ‘‘(f) CONSISTENCY WITH INTERNATIONAL AGREE23 MENTS.— 


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1 ‘‘(1) IN GENERAL.—This section shall be ap2 plied in a manner that is consistent with United 

3 States obligations under international agreements. 

4 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

5 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

6 President shall prohibit the use of steel, iron, and 

7 manufactured goods produced in a foreign country 

8 in a project funded with amounts made available to 

9 carry out a section specified in subsection (a)(1), in10 cluding any project for which the President has 

11 issued a waiver under subsection (b), if the Presi12 dent, in consultation with the United States Trade 

13 Representative, determines that the foreign country 

14 is in violation of the terms of an agreement with the 

15 United States by discriminating against steel, iron, 

16 or manufactured goods that are produced in the 

17 United States and covered by the agreement. 

18 ‘‘(g) EMERGENCY WAIVER.—Notwithstanding any 

19 other provision of this section, the President may waive 

20 the applicability of this section, in whole or in part, in 

21 an emergency.’’. 

22 (b) REVIEW OF NATIONWIDE WAIVERS.—Not later 

23 than 1 year after the date of enactment of this Act, and 

24 at least every 5 years thereafter, the President shall review 

25 each standing nationwide waiver issued under section 707 


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1 of the Robert T. Stafford Disaster Relief and Emergency 

2 Assistance Act (as added by this section) to determine 

3 whether continuing such waiver is necessary. 

4 (c) REPEAL OF BUY AMERICA REQUIREMENTS.— 

5 Section 306 of the Disaster Mitigation Act of 2000 (42 

6 U.S.C. 5206) is repealed. 

7 SEC. 204. AMERICANIZATION OF OFFSHORE OPERATIONS 

8 IN THE EXCLUSIVE ECONOMIC ZONE. 

9 (a) REGISTRY ENDORSEMENT REQUIRED.— 

10 (1) IN GENERAL.—Section 12111 of title 46, 

11 United States Code, is amended by adding at the 

12 end the following: 

13 ‘‘(e) RESOURCE ACTIVITIES IN THE EEZ.—Except 

14 for activities requiring an endorsement under section 

15 12112 or 12113, only a vessel for which a certificate of 

16 documentation with a registry endorsement is issued and 

17 that is owned by a citizen of the United States (as deter18 mined under section 50501(d)) may engage in support of 

19 exploration, development, or production of resources in, 

20 on, above, or below the exclusive economic zone or any 

21 other activity in the exclusive economic zone to the extent 

22 that the regulation of such activity is not prohibited under 

23 customary international law.’’. 

24 (2) APPLICATION.—The amendment made by 

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1 ration, development, production, and support activi2 ties that commence on or after July 1, 2011. 

3 (b) LEGAL AUTHORITY.—Section 2301 of title 46, 

4 United States Code, is amended— 

5 (1) by striking ‘‘chapter’’ and inserting ‘‘title’’; 

6 and 

7 (2) by inserting after ‘‘1988’’ the following: ‘‘, 

8 and the exclusive economic zone to the extent that 

9 the regulation of such operation is not prohibited 

10 under customary international law’’. 

11 (c) TRAINING FOR COAST GUARD PERSONNEL.—Not 

12 later than 180 days after the date of enactment of this 

13 Act, the Secretary of the department in which the Coast 

14 Guard is operating shall establish a program to provide 

15 Coast Guard personnel with the training necessary for the 

16 implementation of the amendments made by this section. 

Æ 


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