II 

112TH CONGRESS 

1ST SESSION S. 2028 

To amend titles 23 and 49, United States Code, 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 SENATE OF THE UNITED STATES 

DECEMBER 17, 2011 

Mr. BROWN of Ohio (for himself, Mr. CASEY, and Ms. STABENOW) introduced 

the following bill; which was read twice and referred to the Committee 

on Commerce, Science, and Transportation 

A BILL 

To amend titles 23 and 49, United States Code, 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

7 this Act is as follows: 


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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. 

1 TITLE I—DEPARTMENT OF 

2 TRANSPORTATION 

3 SEC. 101. FEDERAL-AID HIGHWAY BUY AMERICA PROVI4 SIONS. 

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

6 States Code, is amended to read as follows: 

7 ‘‘§ 313. Buy America 

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

9 IRON, AND MANUFACTURED GOODS.— 

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

11 provision of law, funds made available to carry out 

12 this title may not be obligated for a project unless 

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

14 project are produced in the United States. 

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

16 apply to all contracts for a project carried out within 

17 the scope of the applicable finding, determination, or 

18 decision under the National Environmental Policy 

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


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1 the funding source of the contracts, if at least 1 con2 tract for the project is funded with amounts made 

3 available to carry out this title. 

4 ‘‘(b) EXCEPTIONS.— 

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

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

7 the Secretary finds that— 

8 ‘‘(A) applying subsection (a) would be in9 consistent with the public interest, as deter10 mined in accordance with the regulations re11 quired under paragraph (2); 

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

13 goods required for a project are not produced in 

14 the United States— 

15 ‘‘(i) in sufficient and reasonably avail16 able quantities; or 

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

18 ‘‘(C) the use of steel, iron, and manufac19 tured goods produced in the United States for 

20 a project would increase the total cost of the 

21 project by more than 25 percent. 

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

23 after the date of enactment of the Invest in Amer24 ican Jobs Act of 2011, the Secretary shall promul25 gate regulations establishing the criteria that the 


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1 Secretary shall use to determine whether the appli2 cation of subsection (a) is inconsistent with the pub3 lic interest for purposes of paragraph (1)(A). 

4 ‘‘(3) LABOR COSTS.—For purposes of this sub5 section, labor costs involved in final assembly shall 

6 not be included in calculating the cost of compo7 nents. 

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

9 assistance under this title seeking a waiver under 

10 paragraph (1) shall submit to the Secretary a re11 quest for the waiver in such form and containing 

12 such information as the Secretary may require. 

13 ‘‘(c) WAIVER REQUIREMENTS.— 

14 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR15 TUNITY FOR COMMENT ON REQUEST FOR A WAIV16 ER.— 

17 ‘‘(A) IN GENERAL.—If the Secretary re18 ceives a request for a waiver under subsection 

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

20 opportunity for public comment on the request 

21 at least 30 days before making a finding based 

22 on the request. 

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

24 provided under subparagraph (A) shall— 


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1 ‘‘(i) include the information available 

2 to the Secretary concerning the request, in3 cluding whether the request is being made 

4 under subparagraph (A), (B), or (C) of 

5 subsection (b)(1); and 

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

7 including on the official public website of 

8 the Department of Transportation. 

9 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

10 REGISTER.—If the Secretary issues a waiver under 

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

12 Federal Register a detailed justification for the 

13 waiver that— 

14 ‘‘(A) addresses the public comments re15 ceived under paragraph (1)(A); and 

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

17 effect. 

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

19 not impose a limitation or condition on assistance provided 

20 under this title that restricts— 

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

22 are more stringent than those imposed under this 

23 section with respect to limiting the use of articles, 

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1 tured in foreign countries for projects carried out 

2 with that assistance; or 

3 ‘‘(2) any recipient of the assistance from com4 plying with those State requirements. 

5 ‘‘(e) INTENTIONAL VIOLATIONS.—Pursuant to proce6 dures established under subpart 9.4 of chapter 1 of title 

7 48, Code of Federal Regulations (or successor regula8 tions), a person shall be ineligible to receive a contract 

9 or subcontract funded with amounts made available to 

10 carry out this title if the Secretary, the head of any de11 partment, agency, or instrumentality of the United States, 

12 or a court determines that the person intentionally— 

13 ‘‘(1) affixed a label bearing a ‘Made in Amer14 ica’ inscription, or any inscription with the same 

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

16 that were— 

17 ‘‘(A) used in a project to which this section 

18 applies; and 

19 ‘‘(B) not produced in the United States; or 

20 ‘‘(2) represented that any steel, iron, or manu21 factured goods were produced in the United States 

22 that were— 

23 ‘‘(A) used in a project to which this section 

24 applies; and 

25 ‘‘(B) not produced in the United 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 Secretary shall prohibit the use of steel, iron, and 

9 manufactured goods produced in a foreign country 

10 in a project funded with amounts made available to 

11 carry out this title, including any project for which 

12 the Secretary has issued a waiver under subsection 

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

14 States Trade Representative, determines that the 

15 foreign country is in violation of the terms of an 

16 agreement with the United States by discriminating 

17 against steel, iron, or manufactured goods that are 

18 produced in the United States and covered by the 

19 agreement.’’. 

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

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

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

23 each standing nationwide waiver issued under section 313 

24 of title 23, United States Code, to determine whether con25 tinuing the waiver is necessary. 


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1 (c) REPEALS.— 

2 (1) WAIVER NOTIFICATION AND ANNUAL RE3 PORTS.—Section 117 of the SAFETEA–LU Tech4 nical Corrections Act of 2008 (23 U.S.C. 313 note; 

5 122 Stat. 1607) is repealed. 

6 (2) NOTICE AND PUBLIC COMMENTS.—Section 

7 123 of title I of division A of the Consolidated Ap8 propriations Act, 2010 (23 U.S.C. 313 note; 123 

9 Stat. 3048) is repealed. 

10 SEC. 102. PUBLIC TRANSPORTATION BUY AMERICA PROVI11 SIONS. 

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

13 States Code, is amended by striking subsection (j) and in14 serting the following: 

15 ‘‘(j) BUY AMERICA.— 

16 ‘‘(1) DOMESTIC SOURCE REQUIREMENT FOR

17 STEEL, IRON, AND MANUFACTURED GOODS.— 

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

19 other provision of law, and except as provided 

20 in subparagraph (B), funds made available to 

21 carry out this chapter may not be obligated for 

22 a project unless the steel, iron, and manufac23 tured goods used for the project are produced 

24 in the United States. 


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1 ‘‘(B) SPECIAL RULES FOR ROLLING

2 STOCK.—Funds made available to carry out 

3 this chapter may not be obligated for the pro4 curement of rolling stock (including train con5 trol, communication, traction power equipment, 

6 and rolling stock prototypes) unless— 

7 ‘‘(i) the cost of components and sub8 components produced in the United 

9 States— 

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

11 than 60 percent of the cost of all com12 ponents of the rolling stock; 

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

14 than 70 percent of the cost of all com15 ponents of the rolling stock; 

16 ‘‘(III) for fiscal year 2014 is 

17 more than 80 percent of the cost of 

18 all components of the rolling stock; 

19 ‘‘(IV) for fiscal year 2015 is 

20 more than 90 percent of the cost of 

21 all components of the rolling stock; 

22 and 

23 ‘‘(V) for fiscal year 2016, and 

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1 cent of the cost of all components of 

2 the rolling stock; and 

3 ‘‘(ii) final assembly of the rolling 

4 stock, including rolling stock prototypes, 

5 occurs in the United States. 

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

7 subsection apply to all contracts for a public 

8 transportation project carried out within the 

9 scope of the applicable finding, determination, 

10 or decision under the National Environmental 

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

12 regardless of the funding source of the con13 tracts, if at least 1 contract for the public 

14 transportation project is funded with amounts 

15 made available to carry out this chapter. 

16 ‘‘(2) EXCEPTIONS.— 

17 ‘‘(A) ISSUANCE OF WAIVERS.—The Sec18 retary may waive the requirements of para19 graph (1) only if the Secretary finds that— 

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

21 inconsistent with the public interest, as de22 termined in accordance with the regula23 tions required under subparagraph (B); 


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

2 goods required for a project are not pro3 duced in the United States— 

4 ‘‘(I) in sufficient and reasonably 

5 available quantities; or 

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

7 ‘‘(iii) the use of steel, iron, and manu8 factured goods produced in the United 

9 States for a project would increase the 

10 total cost of the project by more than 25 

11 percent. 

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

13 year after the date of enactment of the Invest 

14 in American Jobs Act of 2011, the Secretary 

15 shall promulgate regulations establishing the 

16 criteria that the Secretary shall use to deter17 mine whether the application of paragraph (1) 

18 is inconsistent with the public interest for pur19 poses of subparagraph (A)(i). 

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

21 If the Secretary finds that a component of roll22 ing stock is not produced in the United States 

23 in sufficient and reasonably available quantities 

24 or to a satisfactory quality, the Secretary may 


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1 issue a waiver under subparagraph (A) with re2 spect to the component. 

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

4 subsection, labor costs involved in final assem5 bly shall not be included in calculating the cost 

6 of components. 

7 ‘‘(E) REQUESTS FOR WAIVERS.—A recipi8 ent of assistance under this chapter seeking a 

9 waiver under subparagraph (A) shall submit to 

10 the Secretary a request for the waiver in such 

11 form and containing such information as the 

12 Secretary may require. 

13 ‘‘(3) WAIVER REQUIREMENTS.— 

14 ‘‘(A) PUBLIC NOTIFICATION OF AND OP15 PORTUNITY FOR COMMENT ON REQUEST FOR A

16 WAIVER.— 

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

18 receives a request for a waiver under para19 graph (2), the Secretary shall provide no20 tice of and an opportunity for public com21 ment on the request at least 30 days be22 fore making a finding based on the re23 quest. 

24 ‘‘(ii) NOTICE REQUIREMENTS.—A no25 tice provided under clause (i) shall— 


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1 ‘‘(I) include the information 

2 available to the Secretary concerning 

3 the request, including whether the re4 quest is being made under clause (i), 

5 (ii), or (iii) of paragraph (2)(A); and 

6 ‘‘(II) be provided by electronic 

7 means, including on the official public 

8 website of the Department of Trans9 portation. 

10 ‘‘(B) DETAILED JUSTIFICATION IN FED11 ERAL REGISTER.—If the Secretary issues a 

12 waiver under paragraph (2), the Secretary shall 

13 publish in the Federal Register a detailed jus14 tification for the waiver that— 

15 ‘‘(i) addresses the public comments 

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

17 ‘‘(ii) is published before the waiver 

18 takes effect. 

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

20 may not impose a limitation or condition on assist21 ance provided under this chapter that restricts— 

22 ‘‘(A) a State from imposing requirements 

23 that are more stringent than those imposed 

24 under this subsection with respect to limiting 

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


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1 produced, or manufactured in foreign countries 

2 for projects carried out with that assistance; or 

3 ‘‘(B) any recipient of that assistance from 

4 complying with those State requirements. 

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

6 procedures established under subpart 9.4 of chapter 

7 1 of title 48, Code of Federal Regulations (or suc8 cessor regulations), a person shall be ineligible to re9 ceive a contract or subcontract funded with amounts 

10 made available to carry out this chapter or any other 

11 law providing Federal public transportation assist12 ance if the Secretary, the head of any department, 

13 agency, or instrumentality of the United States, or 

14 a court determines that the person intentionally— 

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

16 America’ inscription, or any inscription with the 

17 same meaning, to any steel, iron, or manufac18 tured goods that were— 

19 ‘‘(i) used in a project to which this 

20 subsection applies; and 

21 ‘‘(ii) not produced in the United 

22 States; or 

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

24 manufactured goods were produced in the 

25 United States that were— 


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1 ‘‘(i) used in a project to which this 

2 subsection applies; and 

3 ‘‘(ii) not produced in the United 

4 States. 

5 ‘‘(6) CONSISTENCY WITH INTERNATIONAL

6 AGREEMENTS.— 

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

8 be applied in a manner that is consistent with 

9 United States obligations under international 

10 agreements. 

11 ‘‘(B) TREATMENT OF FOREIGN COUNTRIES

12 IN VIOLATION OF INTERNATIONAL AGREE13 MENTS.—The Secretary shall prohibit the use 

14 of steel, iron, and manufactured goods produced 

15 in a foreign country in a project funded with 

16 amounts made available to carry out this chap17 ter or any other law providing Federal public 

18 transportation assistance, including any project 

19 for which the Secretary has issued a waiver 

20 under paragraph (2), if the Secretary, in con21 sultation with the United States Trade Rep22 resentative, determines that the foreign country 

23 is in violation of the terms of an agreement 

24 with the United States by discriminating 

25 against steel, iron, or manufactured goods that 


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1 are produced in the United States and covered 

2 by the agreement. 

3 ‘‘(7) OPPORTUNITY TO CORRECT INADVERTENT

4 ERROR.— 

5 ‘‘(A) IN GENERAL.—The Secretary may 

6 allow a manufacturer or supplier of steel, iron, 

7 or manufactured goods to correct after bid 

8 opening an incomplete Buy America certificate 

9 or an incorrect certificate of noncompliance 

10 (but not a failure to sign a certificate, a sub11 mission of both a certificate of compliance and 

12 a certificate of noncompliance, or a failure to 

13 submit any certificate) under this subsection if 

14 the manufacturer or supplier attests under pen15 alty of perjury that the manufacturer or sup16 plier submitted an incomplete or incorrect cer17 tificate as a result of an inadvertent or clerical 

18 error. 

19 ‘‘(B) BURDEN.—The burden of estab20 lishing inadvertent or clerical error under sub21 paragraph (A) shall be on the manufacturer or 

22 supplier.’’. 

23 (b) REVIEW OF GENERAL PUBLIC INTEREST WAIV24 ERS.—Not later than 1 year after the date of enactment 

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1 retary shall review the general public interest waivers de2 scribed in subsection (b) of appendix A of section 661.7 

3 of title 49, Code of Federal Regulations (or successor reg4 ulations), to determine whether continuing the waivers is 

5 in the public interest. 

6 SEC. 103. RAIL GRANT BUY AMERICA PROVISIONS. 

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

8 States Code, is amended by striking subsection (a) and 

9 inserting the following: 

10 ‘‘(a) BUY AMERICA.— 

11 ‘‘(1) DOMESTIC SOURCE REQUIREMENT FOR

12 STEEL, IRON, AND MANUFACTURED GOODS.— 

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

14 other provision of law, funds made available to 

15 carry out this chapter, chapter 223, chapter 

16 261, or section 20154 or 24105 may not be ob17 ligated for a project unless the steel, iron, and 

18 manufactured goods used for the project are 

19 produced in the United States. 

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

21 subsection apply to all contracts for a project 

22 carried out within the scope of the applicable 

23 finding, determination, or decision under the 

24 National Environmental Policy Act of 1969 (42 

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


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1 source of the contracts, if at least 1 contract 

2 for the project is funded with amounts made 

3 available to carry out a provision specified in 

4 subparagraph (A). 

5 ‘‘(2) EXCEPTIONS.— 

6 ‘‘(A) ISSUANCE OF WAIVERS.—The Sec7 retary of Transportation may waive the require8 ments of paragraph (1) only if the Secretary 

9 finds that— 

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

11 inconsistent with the public interest, as de12 termined in accordance with the regula13 tions required under subparagraph (B); 

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

15 goods required for a project are not pro16 duced in the United States— 

17 ‘‘(I) in sufficient and reasonably 

18 available quantities; or 

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

20 ‘‘(iii) the use of steel, iron, and manu21 factured goods produced in the United 

22 States for a project would increase the 

23 total cost of the project by more than 25 

24 percent. 


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

2 year after the date of enactment of the Invest 

3 in American Jobs Act of 2011, the Secretary 

4 shall promulgate regulations establishing the 

5 criteria that the Secretary shall use to deter6 mine whether the application of paragraph (1) 

7 is inconsistent with the public interest for pur8 poses of subparagraph (A)(i). 

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

10 paragraph, labor costs involved in final assem11 bly shall not be included in calculating the cost 

12 of components. 

13 ‘‘(D) REQUESTS FOR WAIVERS.—A recipi14 ent of assistance under this chapter, chapter 

15 223, chapter 261, or section 20154 or 24105 

16 seeking a waiver under subparagraph (A) shall 

17 submit to the Secretary a request for the waiver 

18 in such form and containing such information 

19 as the 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 

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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 clause (i), 

12 (ii), or (iii) of paragraph (2)(A); and 

13 ‘‘(II) be provided by electronic 

14 means, including on the official public 

15 website of the Department of Trans16 portation. 

17 ‘‘(B) DETAILED JUSTIFICATION IN FED18 ERAL REGISTER.—If the Secretary issues a 

19 waiver under paragraph (2), the Secretary shall 

20 publish in the Federal Register a detailed jus21 tification for the waiver that— 

22 ‘‘(i) addresses the public comments 

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

24 ‘‘(ii) is published before the waiver 

25 takes effect. 


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

2 may not impose a limitation or condition on assist3 ance provided under this chapter, chapter 223, chap4 ter 261, or section 20154 or 24105 that restricts— 

5 ‘‘(A) a State from imposing requirements 

6 that are more stringent than those imposed 

7 under this subsection with respect to limiting 

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

9 produced, or manufactured in foreign countries 

10 for projects carried out with that assistance; or 

11 ‘‘(B) any recipient of that assistance from 

12 complying with those State requirements. 

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

14 procedures established under subpart 9.4 of chapter 

15 1 of title 48, Code of Federal Regulations, a person 

16 shall be ineligible to receive a contract or sub17 contract funded with amounts made available to 

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

19 section 20154 or 24105 if the Secretary, the head 

20 of any department, agency, or instrumentality of the 

21 United States, or a court determines that the person 

22 intentionally— 

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

24 America’ inscription, or any inscription with the 


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

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

4 subsection applies; and 

5 ‘‘(ii) 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 were— 

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

11 subsection applies; and 

12 ‘‘(ii) 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 

25 amounts made available to carry out this chapVerDate Mar 15 2010 22:22 Dec 22, 2011 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S2028.IS S2028

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1 ter, chapter 223, chapter 261, or section 20154 

2 or 24105, including any project for which the 

3 Secretary has issued a waiver under paragraph 

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

5 United States Trade Representative, determines 

6 that the foreign country is in violation of the 

7 terms of an agreement with the United States 

8 by discriminating against steel, iron, or manu9 factured goods that are produced in the United 

10 States and covered by the agreement. 

11 ‘‘(7) OPPORTUNITY TO CORRECT INADVERTENT

12 ERROR.— 

13 ‘‘(A) IN GENERAL.—The Secretary may 

14 allow a manufacturer or supplier of steel, iron, 

15 or manufactured goods to correct after bid 

16 opening an incomplete Buy America certificate 

17 or an incorrect certificate of noncompliance 

18 (but not a failure to sign a certificate, a sub19 mission of both a certificate of compliance and 

20 a certificate of noncompliance, or a failure to 

21 submit any certificate) under this subsection if 

22 the manufacturer or supplier attests under pen23 alty of perjury that the manufacturer or sup24 plier submitted an incomplete or incorrect cerVerDate Mar 15 2010 22:22 Dec 22, 2011 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S2028.IS S2028

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1 tificate as a result of an inadvertent or clerical 

2 error. 

3 ‘‘(B) BURDEN.—The burden of estab4 lishing inadvertent or clerical error under sub5 paragraph (A) shall be on the manufacturer or 

6 supplier.’’. 

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

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

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

10 each standing nationwide waiver issued under section 

11 24405(a) of title 49, United States Code, to determine 

12 whether continuing the waiver is necessary. 

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

14 PROVISIONS. 

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

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

17 amended— 

18 (1) in subparagraph (A), by striking ‘‘and’’ at 

19 the end; 

20 (2) in subparagraph (B), by striking the period 

21 at the end and inserting ‘‘; and’’; and 

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

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

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


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1 SEC. 105. AMTRAK BUY AMERICA PROVISIONS. 

2 (a) IN GENERAL.—Section 24305 of title 49, United 

3 States Code, is amended by striking subsection (f) and in4 serting the following: 

5 ‘‘(f) BUY AMERICA.— 

6 ‘‘(1) DEFINITION OF UNITED STATES.—In this 

7 subsection, the term ‘United States’ means the 

8 States, territories, and possessions of the United 

9 States and the District of Columbia. 

10 ‘‘(2) DOMESTIC SOURCE REQUIREMENT FOR

11 STEEL, IRON, AND MANUFACTURED GOODS.— 

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

13 other provision of law, funds made available to 

14 Amtrak under section 101(c) of the Passenger 

15 Rail Investment and Improvement Act of 2008 

16 (122 Stat. 4908) may not be used for a capital 

17 project (as defined in subparagraphs (A) and 

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

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

20 other capital expense of Amtrak unless the 

21 steel, iron, and manufactured goods used for 

22 the capital project or other capital expense are 

23 produced in the United States. 

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

25 subsection apply to contracts for capital 

26 projects or other capital expenses carried out 


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1 within the scope of the applicable finding, deter2 mination, or decision under the National Envi3 ronmental Policy Act of 1969 (42 U.S.C. 4321 

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

5 contracts, if at least 1 contract with respect to 

6 the capital project or other capital expense is 

7 funded with amounts made available under sec8 tion 101(c) of the Passenger Rail Investment 

9 and Improvement Act of 2008 (122 Stat. 

10 4908). 

11 ‘‘(3) EXCEPTIONS.— 

12 ‘‘(A) ISSUANCE OF WAIVERS.—The Sec13 retary of Transportation may waive the require14 ments of paragraph (1) only if the Secretary 

15 finds that— 

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

17 inconsistent with the public interest, as de18 termined in accordance with the regula19 tions required under subparagraph (B); 

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

21 goods required for a capital project or 

22 other capital expense are not produced in 

23 the United States— 

24 ‘‘(I) in sufficient and reasonably 

25 available quantities; or 


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

2 ‘‘(iii) the use of steel, iron, and manu3 factured goods produced in the United 

4 States for a capital project or other capital 

5 expense would increase the total cost of the 

6 project or expense by more than 25 per7 cent. 

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

9 year after the date of enactment of the Invest 

10 in American Jobs Act of 2011, the Secretary 

11 shall promulgate regulations establishing the 

12 criteria that the Secretary shall use to deter13 mine whether the application of paragraph (1) 

14 is inconsistent with the public interest for pur15 poses of subparagraph (A)(i). 

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

17 paragraph, labor costs involved in final assem18 bly shall not be included in calculating the cost 

19 of components. 

20 ‘‘(D) REQUESTS FOR WAIVERS.—If Am21 trak seeks a waiver under subparagraph (A), 

22 Amtrak shall submit to the Secretary a request 

23 for the waiver in such form and containing such 

24 information as the Secretary may require. 

25 ‘‘(4) WAIVER REQUIREMENTS.— 


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1 ‘‘(A) PUBLIC NOTIFICATION OF AND OP2 PORTUNITY FOR COMMENT ON REQUEST FOR A

3 WAIVER.— 

4 ‘‘(i) IN GENERAL.—If the Secretary 

5 receives a request for a waiver from Am6 trak under clause (i), (ii), or (iii) of para7 graph (3)(A), the Secretary shall provide 

8 notice of and an opportunity for public 

9 comment on the request at least 30 days 

10 before making a finding based on the re11 quest. 

12 ‘‘(ii) NOTICE REQUIREMENTS.—A no13 tice provided under clause (i) shall— 

14 ‘‘(I) include the information 

15 available to the Secretary concerning 

16 the request, including whether the re17 quest is being made under clause (i), 

18 (ii), or (iii) of paragraph (3); and 

19 ‘‘(II) be provided by electronic 

20 means, including on the official public 

21 website of the Department of Trans22 portation. 

23 ‘‘(B) DETAILED JUSTIFICATION IN FED24 ERAL REGISTER.—If the Secretary issues a 

25 waiver under paragraph (3), the Secretary shall 


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1 publish in the Federal Register a detailed jus2 tification for the waiver that— 

3 ‘‘(i) addresses the public comments 

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

5 ‘‘(ii) is published before the waiver 

6 takes effect. 

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

8 may not impose a limitation or condition on assist9 ance provided with funds described in paragraph 

10 (2)(A) that restricts— 

11 ‘‘(A) a State from imposing requirements 

12 that are more stringent than those imposed 

13 under this subsection with respect to limiting 

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

15 produced, or manufactured in foreign countries 

16 for capital projects or other capital expenses 

17 carried out with the assistance; or 

18 ‘‘(B) any recipient of that assistance from 

19 complying with those State requirements. 

20 ‘‘(6) INTERNATIONAL VIOLATIONS.—Pursuant 

21 to procedures established under subpart 9.4 of chap22 ter 1 of title 48, Code of Federal Regulations (or 

23 successor regulations), a person shall be ineligible to 

24 receive a contract or subcontract funded with funds 

25 described in paragraph (2)(A) if the Secretary, the 


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1 head of any department, agency, or instrumentality 

2 of the United States, or a court determines that the 

3 person intentionally— 

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

5 America’ inscription, or any inscription with the 

6 same meaning, to any steel, iron, or manufac7 tured goods that were— 

8 ‘‘(i) used in a capital project or other 

9 capital expense to which this subsection 

10 applies; and 

11 ‘‘(ii) not produced in the United 

12 States; or 

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

14 manufactured goods were produced in the 

15 United States that were— 

16 ‘‘(i) used in a capital project or other 

17 capital expense to which this subsection 

18 applies; and 

19 ‘‘(ii) not produced in the United 

20 States. 

21 ‘‘(7) CONSISTENCY WITH INTERNATIONAL

22 AGREEMENTS.— 

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

24 be applied in a manner that is consistent with 


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1 United States obligations under international 

2 agreements. 

3 ‘‘(B) TREATMENT OF FOREIGN COUNTRIES

4 IN VIOLATION OF INTERNATIONAL AGREE5 MENTS.—The Secretary shall prohibit the use 

6 of steel, iron, and manufactured goods produced 

7 in a foreign country in a capital project or 

8 other capital expense funded with funds de9 scribed in paragraph (2)(A), including any 

10 project or capital expense for which the Sec11 retary has issued a waiver under paragraph (3), 

12 if the Secretary, in consultation with the United 

13 States Trade Representative, determines that 

14 the foreign country is in violation of the terms 

15 of an agreement with the United States by dis16 criminating against steel, iron, or manufactured 

17 goods that are produced in the United States 

18 and covered by the agreement.’’. 

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

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

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

22 each standing nationwide waiver issued under section 

23 24305(f) of title 49, United States Code, to determine 

24 whether continuing the waiver is necessary. 


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1 SEC. 106. AVIATION BUY AMERICA PROVISIONS. 

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

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

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

5 (b) ENHANCEMENTS TO BUY AMERICA REQUIRE6 MENTS.—Section 50101 of title 49, United States Code, 

7 is amended to read as follows: 

8 ‘‘§ 50101. 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, and except as provided in para13 graph (2), funds made available to carry out section 

14 106(k), 44502(a)(2), or 44509, subchapter I of 

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

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

17 48110) of this title may not be obligated for a 

18 project unless the steel, iron, and manufactured 

19 goods used for the project are produced in the 

20 United States. 

21 ‘‘(2) SPECIAL RULES FOR CERTAIN FACILITIES

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

23 procurement of a facility or equipment, funds made 

24 available to carry out the provisions specified in 

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

26 unless— 


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1 ‘‘(A) the cost of components and sub2 components produced in the United States— 

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

4 60 percent of the cost of all components of 

5 the facility or equipment; 

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

7 70 percent of the cost of all components of 

8 the facility or equipment; 

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

10 than 80 percent of the cost of all compo11 nents of the facility or equipment; 

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

13 90 percent of the cost of all components of 

14 the facility or equipment; and 

15 ‘‘(v) for fiscal year 2016, and each fis16 cal year thereafter, is 100 percent of the 

17 cost of all components of the facility or 

18 equipment; and 

19 ‘‘(B) final assembly of the facility or equip20 ment occurs in the United States. 

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

22 apply to all contracts for a project carried out within 

23 the scope of the applicable finding, determination, or 

24 decision under the National Environmental Policy 

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


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1 the funding source of the contracts, if at least 1 con2 tract for the project is funded with amounts made 

3 available to carry out a provision specified in para4 graph (1). 

5 ‘‘(b) EXCEPTIONS.— 

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

7 Transportation may waive the requirements of sub8 section (a) only if the Secretary finds that— 

9 ‘‘(A) applying subsection (a) would be in10 consistent with the public interest, as deter11 mined in accordance with the regulations re12 quired under paragraph (2); 

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

14 goods required for a project are not produced in 

15 the United States— 

16 ‘‘(i) in sufficient and reasonably avail17 able quantities; or 

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

19 ‘‘(C) the use of steel, iron, and manufac20 tured goods produced in the United States for 

21 a project would increase the total cost of the 

22 project by more than 25 percent. 

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

24 after the date of enactment of the Invest in Amer25 ican Jobs Act of 2011, the Secretary shall promulVerDate Mar 15 2010 22:22 Dec 22, 2011 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S2028.IS S2028

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1 gate regulations establishing the criteria that the 

2 Secretary shall use to determine whether the appli3 cation of subsection (a) is inconsistent with the pub4 lic interest for purposes of paragraph (1)(A). 

5 ‘‘(3) LABOR COSTS.—For purposes of this sec6 tion, labor costs involved in final assembly are not 

7 included in calculating the cost of components. 

8 ‘‘(4) REQUESTS FOR WAIVERS.—An entity seek9 ing a waiver under paragraph (1) shall submit to the 

10 Secretary a request for the waiver in such form and 

11 containing such information as the Secretary may 

12 require. 

13 ‘‘(5) PREFERENCE FOR AMERICAN-ASSEMBLED

14 FACILITIES AND EQUIPMENT.—In the procurement 

15 of a facility or equipment subject to a waiver issued 

16 under paragraph (1), the Secretary shall give pref17 erence to a facility or equipment for which final as18 sembly occurred in the United States. 

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

20 the procurement of a facility or equipment, if the 

21 Secretary finds that a component of the facility or 

22 equipment is not produced in the United States in 

23 sufficient and reasonably available quantities or to a 

24 satisfactory quality, the Secretary may issue a waivVerDate Mar 15 2010 22:22 Dec 22, 2011 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S2028.IS S2028

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1 er under paragraph (1) with respect to the compo2 nent. 

3 ‘‘(c) WAIVER REQUIREMENTS.— 

4 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR5 TUNITY FOR COMMENT ON REQUEST FOR A WAIV6 ER.— 

7 ‘‘(A) IN GENERAL.—If the Secretary re8 ceives a request for a waiver under subsection 

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

10 opportunity for public comment on the request 

11 at least 30 days before making a finding based 

12 on the request. 

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

14 provided under subparagraph (A) shall— 

15 ‘‘(i) include the information available 

16 to the Secretary concerning the request, in17 cluding whether the request is being made 

18 under subparagraph (A), (B), or (C) of 

19 subsection (b)(1); and 

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

21 including on the official public website of 

22 the Department of Transportation. 

23 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

24 REGISTER.—If the Secretary issues a waiver under 

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


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1 Federal Register a detailed justification for the 

2 waiver that— 

3 ‘‘(A) addresses the public comments re4 ceived under paragraph (1)(A); and 

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

6 effect. 

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

8 not impose a limitation or condition on assistance provided 

9 with funds made available to carry out a provision speci10 fied in subsection (a)(1) that restricts— 

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

12 are more stringent than those imposed under this 

13 section with respect to limiting the use of articles, 

14 materials, or supplies mined, produced, or manufac15 tured in foreign countries for projects carried out 

16 with that assistance; or 

17 ‘‘(2) any recipient of that assistance from com18 plying with those State requirements. 

19 ‘‘(e) CONSISTENCY WITH INTERNATIONAL AGREE20 MENTS.— 

21 ‘‘(1) IN GENERAL.—This section shall be ap22 plied in a manner that is consistent with United 

23 States obligations under international agreements. 

24 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

25 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 


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

2 manufactured goods produced in a foreign country 

3 in a project funded with funds made available to 

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

5 including any project for which the Secretary has 

6 issued a waiver under subsection (b), if the Sec7 retary, in consultation with the United States Trade 

8 Representative, determines that the foreign country 

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

10 United States by discriminating against steel, iron, 

11 or manufactured goods that are produced in the 

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

13 (c) PROHIBITION ON CONTRACTING UPON FAL14 SIFICATION OF LABEL.—Section 50105 of title 49, United 

15 States Code, is amended in the first sentence by inserting 

16 ‘‘steel, iron, or manufactured’’ before ‘‘goods’’. 

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

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

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

20 each standing nationwide waiver issued under section 

21 50101 of title 49, United States Code, to determine 

22 whether continuing the waiver is necessary. 


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1 SEC. 107. DEPARTMENT OF TRANSPORTATION BUY AMER2 ICA ANNUAL REPORT. 

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

4 amended by adding at the end the following: 

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

6 each year beginning after the date of enactment of this 

7 subsection, the Secretary shall submit to Congress a re8 port that— 

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

10 the Secretary issued a waiver from a Buy America 

11 requirement during the preceding calendar year; 

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

13 specifications for steel, iron, or manufactured goods 

14 acquired pursuant to each waiver from a Buy Amer15 ica requirement issued by the Secretary during the 

16 preceding calendar year; 

17 ‘‘(3) summarizes the monetary value of con18 tracts awarded pursuant to each such waiver; 

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

20 waiver, including the specific law, treaty, or inter21 national agreement under which the waiver was 

22 granted; 

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

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

25 produced in the United States for projects with 

26 respect to which a Buy America requirement, 


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1 under which the Secretary has waiver authority, 

2 applied during the preceding calendar year; and 

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

4 produced outside the United States for projects 

5 with respect to which the Secretary issued a 

6 waiver from a Buy America requirement during 

7 the preceding calendar year; and 

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

9 the cumulative effect of all waivers from a Buy 

10 America requirement issued by the Secretary during 

11 the preceding calendar year on manufacturing em12 ployment in the United States.’’. 

13 TITLE II—OTHER 

14 INFRASTRUCTURE INVESTMENT 

15 SEC. 201. WASTEWATER TREATMENT BUY AMERICA PROVI16 SIONS. 

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

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

19 by adding at the end the following: 

20 ‘‘SEC. 608. BUY AMERICA. 

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

22 IRON, AND MANUFACTURED GOODS.— 

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

24 provision of law, funds made available from a State 

25 water pollution control revolving fund established 


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

2 for a project for the construction of a publicly owned 

3 treatment works unless the steel, iron, and manufac4 tured goods used for the project are produced in the 

5 United States. 

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

7 apply to all contracts for the construction of a treat8 ment works carried out within the scope of the ap9 plicable finding, determination, or decision under 

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

11 of the contracts, if at least 1 contract for the con12 struction is funded with amounts made available to 

13 carry out this title. 

14 ‘‘(b) EXCEPTIONS.— 

15 ‘‘(1) ISSUANCE OF WAIVERS.—The Adminis16 trator may waive the requirements of subsection (a) 

17 only if the Administrator finds that— 

18 ‘‘(A) applying subsection (a) would be in19 consistent with the public interest, as deter20 mined in accordance with the regulations re21 quired under paragraph (2); 

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

23 goods required for a project are not produced in 

24 the United States— 


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1 ‘‘(i) in sufficient and reasonably avail2 able quantities; or 

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

4 ‘‘(C) the use of steel, iron, and manufac5 tured goods produced in the United States for 

6 a project would increase the total cost of the 

7 project by more than 25 percent. 

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

9 after the date of enactment of this section, the Ad10 ministrator shall promulgate regulations establishing 

11 the criteria that the Administrator shall use to de12 termine whether the application of subsection (a) is 

13 inconsistent with the public interest for purposes of 

14 paragraph (1)(A). 

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

16 assistance under this title seeking a waiver under 

17 paragraph (1) shall submit to the Administrator a 

18 request for the waiver in such form and containing 

19 such information as the Administrator may require. 

20 ‘‘(c) WAIVER REQUIREMENTS.— 

21 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR22 TUNITY FOR COMMENT ON REQUEST FOR A WAIV23 ER.— 

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

25 receives a request for a waiver under subsection 


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1 (b), the Administrator shall provide notice of 

2 and an opportunity for public comment on the 

3 request at least 30 days before making a find4 ing based on the request. 

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

6 provided under subparagraph (A) shall— 

7 ‘‘(i) include the information available 

8 to the Administrator concerning the re9 quest, including whether the request is 

10 being made under subparagraph (A), (B), 

11 or (C) of subsection (b)(1); and 

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

13 including on the official public website of 

14 the Environmental Protection Agency. 

15 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

16 REGISTER.—If the Administrator issues a waiver 

17 under subsection (b), the Administrator shall publish 

18 in the Federal Register a detailed justification for 

19 the waiver that— 

20 ‘‘(A) addresses the public comments re21 ceived under paragraph (1)(A); and 

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

23 effect. 

24 ‘‘(3) ANNUAL REPORT.—Not later than Feb25 ruary 1 of each year beginning after the date of enVerDate Mar 15 2010 22:22 Dec 22, 2011 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S2028.IS S2028

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1 actment of this section, the Administrator shall sub2 mit to the Committee on Transportation and Infra3 structure of the House of Representatives and the 

4 Committee on Environment and Public Works of the 

5 Senate a report that— 

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

7 which the Administrator issued a waiver under 

8 subsection (b) during the preceding calendar 

9 year; 

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

11 product specifications for steel, iron, or manu12 factured goods acquired pursuant to each waiv13 er under subsection (b) issued by the Adminis14 trator during the preceding calendar year; 

15 ‘‘(C) summarizes the monetary value of 

16 contracts awarded pursuant to each such waiv17 er; 

18 ‘‘(D) provides the justification for each 

19 such waiver, including the specific law, treaty, 

20 or international agreement under which the 

21 waiver was granted; 

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

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

24 goods produced in the United States for 

25 projects with respect to which the Buy 


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1 America requirement under this section 

2 applied during the preceding calendar year; 

3 and 

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

5 goods produced outside the United States 

6 for projects with respect to which the Ad7 ministrator issued a waiver under sub8 section (b) during the preceding calendar 

9 year; and 

10 ‘‘(F) provides an employment impact anal11 ysis of the cumulative effect of all waivers 

12 under subsection (b) issued by the Adminis13 trator during the preceding calendar year on 

14 manufacturing employment in the United 

15 States. 

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

17 may not impose a limitation or condition on assistance 

18 provided under this title that restricts— 

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

20 are more stringent than those imposed under this 

21 section with respect to limiting the use of articles, 

22 materials, or supplies mined, produced, or manufac23 tured in foreign countries for projects carried out 

24 with that assistance; or 


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1 ‘‘(2) any recipient of that assistance from com2 plying with those State requirements. 

3 ‘‘(e) INTENTIONAL VIOLATIONS.—Pursuant to proce4 dures established under subpart 9.4 of chapter 1 of title 

5 48, Code of Federal Regulations (or successor regula6 tions), a person shall be ineligible to receive a contract 

7 or subcontract funded with amounts made available from 

8 a State water pollution control revolving fund established 

9 under this title if the Administrator, the head of any de10 partment, agency, or instrumentality of the United States, 

11 or a court determines that the person intentionally— 

12 ‘‘(1) affixed a label bearing a ‘Made in Amer13 ica’ inscription, or any inscription with the same 

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

15 that were— 

16 ‘‘(A) used in a project to which this section 

17 applies; and 

18 ‘‘(B) not produced in the United States; or 

19 ‘‘(2) represented that any steel, iron, or manu20 factured goods were produced in the United States 

21 that were— 

22 ‘‘(A) used in a project to which this section 

23 applies; and 

24 ‘‘(B) not produced in the United 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 the 

2 waiver is necessary. 

Æ 


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