```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2028 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Invest in American 
Jobs Act of 2011''.
    (b) Table of Contents.--The table of contents for 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.

                 TITLE I--DEPARTMENT OF TRANSPORTATION

SEC. 101. FEDERAL-AID HIGHWAY BUY AMERICA PROVISIONS.

    (a) In General.--Section 313 of title 23, United States Code, is 
amended to read as follows:
``Sec. 313. Buy America
    ``(a) Domestic Source Requirement for Steel, Iron, and Manufactured 
Goods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, funds made available to carry out this title may not be 
        obligated for a project unless the steel, iron, and 
        manufactured goods used for the project are produced in the 
        United States.
            ``(2) Scope.--The requirements of this section apply to all 
        contracts for a project carried out within the scope of the 
        applicable finding, determination, or decision under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.), regardless of the funding source of the contracts, if at 
        least 1 contract for the project is funded with amounts made 
        available to carry out this title.
    ``(b) Exceptions.--
            ``(1) Issuance of waivers.--The Secretary may waive the 
        requirements of subsection (a) only if the Secretary finds 
        that--
                    ``(A) applying subsection (a) would be inconsistent 
                with the public interest, as determined in accordance 
                with the regulations required under paragraph (2);
                    ``(B) the steel, iron, or manufactured goods 
                required for a project are not produced in the United 
                States--
                            ``(i) in sufficient and reasonably 
                        available quantities; or
                            ``(ii) to a satisfactory quality; or
                    ``(C) the use of steel, iron, and manufactured 
                goods produced in the United States for a project would 
                increase the total cost of the project by more than 25 
                percent.
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of the Invest in American Jobs Act of 2011, the 
        Secretary shall promulgate regulations establishing the 
        criteria that the Secretary shall use to determine whether the 
        application of subsection (a) is inconsistent with the public 
        interest for purposes of paragraph (1)(A).
            ``(3) Labor costs.--For purposes of this subsection, labor 
        costs involved in final assembly shall not be included in 
        calculating the cost of components.
            ``(4) Requests for waivers.--A recipient of assistance 
        under this title seeking a waiver under paragraph (1) shall 
        submit to the Secretary a request for the waiver in such form 
        and containing such information as the Secretary may require.
    ``(c) Waiver Requirements.--
            ``(1) Public notification of and opportunity for comment on 
        request for a waiver.--
                    ``(A) In general.--If the Secretary receives a 
                request for a waiver under subsection (b), the 
                Secretary shall provide notice of and an opportunity 
                for public comment on the request at least 30 days 
                before making a finding based on the request.
                    ``(B) Notice requirements.--A notice provided under 
                subparagraph (A) shall--
                            ``(i) include the information available to 
                        the Secretary concerning the request, including 
                        whether the request is being made under 
                        subparagraph (A), (B), or (C) of subsection 
                        (b)(1); and
                            ``(ii) be provided by electronic means, 
                        including on the official public website of the 
                        Department of Transportation.
            ``(2) Detailed justification in federal register.--If the 
        Secretary issues a waiver under subsection (b), the Secretary 
        shall publish in the Federal Register a detailed justification 
        for the waiver that--
                    ``(A) addresses the public comments received under 
                paragraph (1)(A); and
                    ``(B) is published before the waiver takes effect.
    ``(d) State Requirements.--The Secretary may not impose a 
limitation or condition on assistance provided under this title that 
restricts--
            ``(1) a State from imposing requirements that are more 
        stringent than those imposed under this section with respect to 
        limiting the use of articles, materials, or supplies mined, 
        produced, or manufactured in foreign countries for projects 
        carried out with that assistance; or
            ``(2) any recipient of the assistance from complying with 
        those State requirements.
    ``(e) Intentional Violations.--Pursuant to procedures established 
under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations 
(or successor regulations), a person shall be ineligible to receive a 
contract or subcontract funded with amounts made available to carry out 
this title if the Secretary, the head of any department, agency, or 
instrumentality of the United States, or a court determines that the 
person intentionally--
            ``(1) affixed a label bearing a `Made in America' 
        inscription, or any inscription with the same meaning, to any 
        steel, iron, or manufactured goods that were--
                    ``(A) used in a project to which this section 
                applies; and
                    ``(B) not produced in the United States; or
            ``(2) represented that any steel, iron, or manufactured 
        goods were produced in the United States that were--
                    ``(A) used in a project to which this section 
                applies; and
                    ``(B) not produced in the United States.
    ``(f) Consistency With International Agreements.--
            ``(1) In general.--This section shall be applied in a 
        manner that is consistent with United States obligations under 
        international agreements.
            ``(2) Treatment of foreign countries in violation of 
        international agreements.--The Secretary shall prohibit the use 
        of steel, iron, and manufactured goods produced in a foreign 
        country in a project funded with amounts made available to 
        carry out this title, including any project for which the 
        Secretary has issued a waiver under subsection (b), if the 
        Secretary, in consultation with the United States Trade 
        Representative, determines that the foreign country is in 
        violation of the terms of an agreement with the United States 
        by discriminating against steel, iron, or manufactured goods 
        that are produced in the United States and covered by the 
        agreement.''.
    (b) Review of Nationwide Waivers.--Not later than 1 year after the 
date of enactment of this Act, and at least every 5 years thereafter, 
the Secretary shall review each standing nationwide waiver issued under 
section 313 of title 23, United States Code, to determine whether 
continuing the waiver is necessary.
    (c) Repeals.--
            (1) Waiver notification and annual reports.--Section 117 of 
        the SAFETEA-LU Technical Corrections Act of 2008 (23 U.S.C. 313 
        note; 122 Stat. 1607) is repealed.
            (2) Notice and public comments.--Section 123 of title I of 
        division A of the Consolidated Appropriations Act, 2010 (23 
        U.S.C. 313 note; 123 Stat. 3048) is repealed.

SEC. 102. PUBLIC TRANSPORTATION BUY AMERICA PROVISIONS.

    (a) In General.--Section 5323 of title 49, United States Code, is 
amended by striking subsection (j) and inserting the following:
    ``(j) Buy America.--
            ``(1) Domestic source requirement for steel, iron, and 
        manufactured goods.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, and except as provided in 
                subparagraph (B), funds made available to carry out 
                this chapter may not be obligated for a project unless 
                the steel, iron, and manufactured goods used for the 
                project are produced in the United States.
                    ``(B) Special rules for rolling stock.--Funds made 
                available to carry out this chapter may not be 
                obligated for the procurement of rolling stock 
                (including train control, communication, traction power 
                equipment, and rolling stock prototypes) unless--
                            ``(i) the cost of components and 
                        subcomponents produced in the United States--
                                    ``(I) for fiscal year 2012 is more 
                                than 60 percent of the cost of all 
                                components of the rolling stock;
                                    ``(II) for fiscal year 2013 is more 
                                than 70 percent of the cost of all 
                                components of the rolling stock;
                                    ``(III) for fiscal year 2014 is 
                                more than 80 percent of the cost of all 
                                components of the rolling stock;
                                    ``(IV) for fiscal year 2015 is more 
                                than 90 percent of the cost of all 
                                components of the rolling stock; and
                                    ``(V) for fiscal year 2016, and 
                                each fiscal year thereafter, is 100 
                                percent of the cost of all components 
                                of the rolling stock; and
                            ``(ii) final assembly of the rolling stock, 
                        including rolling stock prototypes, occurs in 
                        the United States.
                    ``(C) Scope.--The requirements of this subsection 
                apply to all contracts for a public transportation 
                project carried out within the scope of the applicable 
                finding, determination, or decision under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.), regardless of the funding source of the 
                contracts, if at least 1 contract for the public 
                transportation project is funded with amounts made 
                available to carry out this chapter.
            ``(2) Exceptions.--
                    ``(A) Issuance of waivers.--The Secretary may waive 
                the requirements of paragraph (1) only if the Secretary 
                finds that--
                            ``(i) applying paragraph (1) would be 
                        inconsistent with the public interest, as 
                        determined in accordance with the regulations 
                        required under subparagraph (B);
                            ``(ii) the steel, iron, or manufactured 
                        goods required for a project are not produced 
                        in the United States--
                                    ``(I) in sufficient and reasonably 
                                available quantities; or
                                    ``(II) to a satisfactory quality; 
                                or
                            ``(iii) the use of steel, iron, and 
                        manufactured goods produced in the United 
                        States for a project would increase the total 
                        cost of the project by more than 25 percent.
                    ``(B) Regulations.--Not later than 1 year after the 
                date of enactment of the Invest in American Jobs Act of 
                2011, the Secretary shall promulgate regulations 
                establishing the criteria that the Secretary shall use 
                to determine whether the application of paragraph (1) 
                is inconsistent with the public interest for purposes 
                of subparagraph (A)(i).
                    ``(C) Components of rolling stock.--If the 
                Secretary finds that a component of rolling stock is 
                not produced in the United States in sufficient and 
                reasonably available quantities or to a satisfactory 
                quality, the Secretary may issue a waiver under 
                subparagraph (A) with respect to the component.
                    ``(D) Labor costs.--For purposes of this 
                subsection, labor costs involved in final assembly 
                shall not be included in calculating the cost of 
                components.
                    ``(E) Requests for waivers.--A recipient of 
                assistance under this chapter seeking a waiver under 
                subparagraph (A) shall submit to the Secretary a 
                request for the waiver in such form and containing such 
                information as the Secretary may require.
            ``(3) Waiver requirements.--
                    ``(A) Public notification of and opportunity for 
                comment on request for a waiver.--
                            ``(i) In general.--If the Secretary 
                        receives a request for a waiver under paragraph 
                        (2), the Secretary shall provide notice of and 
                        an opportunity for public comment on the 
                        request at least 30 days before making a 
                        finding based on the request.
                            ``(ii) Notice requirements.--A notice 
                        provided under clause (i) shall--
                                    ``(I) include the information 
                                available to the Secretary concerning 
                                the request, including whether the 
                                request is being made under clause (i), 
                                (ii), or (iii) of paragraph (2)(A); and
                                    ``(II) be provided by electronic 
                                means, including on the official public 
                                website of the Department of 
                                Transportation.
                    ``(B) Detailed justification in federal register.--
                If the Secretary issues a waiver under paragraph (2), 
                the Secretary shall publish in the Federal Register a 
                detailed justification for the waiver that--
                            ``(i) addresses the public comments 
                        received under subparagraph (A)(i); and
                            ``(ii) is published before the waiver takes 
                        effect.
            ``(4) State requirements.--The Secretary may not impose a 
        limitation or condition on assistance provided under this 
        chapter that restricts--
                    ``(A) a State from imposing requirements that are 
                more stringent than those imposed under this subsection 
                with respect to limiting the use of articles, 
                materials, or supplies mined, produced, or manufactured 
                in foreign countries for projects carried out with that 
                assistance; or
                    ``(B) any recipient of that assistance from 
                complying with those State requirements.
            ``(5) Intentional violations.--Pursuant to procedures 
        established under subpart 9.4 of chapter 1 of title 48, Code of 
        Federal Regulations (or successor regulations), a person shall 
        be ineligible to receive a contract or subcontract funded with 
        amounts made available to carry out this chapter or any other 
        law providing Federal public transportation assistance if the 
        Secretary, the head of any department, agency, or 
        instrumentality of the United States, or a court determines 
        that the person intentionally--
                    ``(A) affixed a label bearing a `Made in America' 
                inscription, or any inscription with the same meaning, 
                to any steel, iron, or manufactured goods that were--
                            ``(i) used in a project to which this 
                        subsection applies; and
                            ``(ii) not produced in the United States; 
                        or
                    ``(B) represented that any steel, iron, or 
                manufactured goods were produced in the United States 
                that were--
                            ``(i) used in a project to which this 
                        subsection applies; and
                            ``(ii) not produced in the United States.
            ``(6) Consistency with international agreements.--
                    ``(A) In general.--This subsection shall be applied 
                in a manner that is consistent with United States 
                obligations under international agreements.
                    ``(B) Treatment of foreign countries in violation 
                of international agreements.--The Secretary shall 
                prohibit the use of steel, iron, and manufactured goods 
                produced in a foreign country in a project funded with 
                amounts made available to carry out this chapter or any 
                other law providing Federal public transportation 
                assistance, including any project for which the 
                Secretary has issued a waiver under paragraph (2), if 
                the Secretary, in consultation with the United States 
                Trade Representative, determines that the foreign 
                country is in violation of the terms of an agreement 
                with the United States by discriminating against steel, 
                iron, or manufactured goods that are produced in the 
                United States and covered by the agreement.
            ``(7) Opportunity to correct inadvertent error.--
                    ``(A) In general.--The Secretary may allow a 
                manufacturer or supplier of steel, iron, or 
                manufactured goods to correct after bid opening an 
                incomplete Buy America certificate or an incorrect 
                certificate of noncompliance (but not a failure to sign 
                a certificate, a submission of both a certificate of 
                compliance and a certificate of noncompliance, or a 
                failure to submit any certificate) under this 
                subsection if the manufacturer or supplier attests 
                under penalty of perjury that the manufacturer or 
                supplier submitted an incomplete or incorrect 
                certificate as a result of an inadvertent or clerical 
                error.
                    ``(B) Burden.--The burden of establishing 
                inadvertent or clerical error under subparagraph (A) 
                shall be on the manufacturer or supplier.''.
    (b) Review of General Public Interest Waivers.--Not later than 1 
year after the date of enactment of this Act, and at least every 5 
years thereafter, the Secretary shall review the general public 
interest waivers described in subsection (b) of appendix A of section 
661.7 of title 49, Code of Federal Regulations (or successor 
regulations), to determine whether continuing the waivers is in the 
public interest.

SEC. 103. RAIL GRANT BUY AMERICA PROVISIONS.

    (a) In General.--Section 24405 of title 49, United States Code, is 
amended by striking subsection (a) and inserting the following:
    ``(a) Buy America.--
            ``(1) Domestic source requirement for steel, iron, and 
        manufactured goods.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, funds made available to carry out 
                this chapter, chapter 223, chapter 261, or section 
                20154 or 24105 may not be obligated for a project 
                unless the steel, iron, and manufactured goods used for 
                the project are produced in the United States.
                    ``(B) Scope.--The requirements of this subsection 
                apply to all contracts for a project carried out within 
                the scope of the applicable finding, determination, or 
                decision under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.), regardless of the 
                funding source of the contracts, if at least 1 contract 
                for the project is funded with amounts made available 
                to carry out a provision specified in subparagraph (A).
            ``(2) Exceptions.--
                    ``(A) Issuance of waivers.--The Secretary of 
                Transportation may waive the requirements of paragraph 
                (1) only if the Secretary finds that--
                            ``(i) applying paragraph (1) would be 
                        inconsistent with the public interest, as 
                        determined in accordance with the regulations 
                        required under subparagraph (B);
                            ``(ii) the steel, iron, or manufactured 
                        goods required for a project are not produced 
                        in the United States--
                                    ``(I) in sufficient and reasonably 
                                available quantities; or
                                    ``(II) to a satisfactory quality; 
                                or
                            ``(iii) the use of steel, iron, and 
                        manufactured goods produced in the United 
                        States for a project would increase the total 
                        cost of the project by more than 25 percent.
                    ``(B) Regulations.--Not later than 1 year after the 
                date of enactment of the Invest in American Jobs Act of 
                2011, the Secretary shall promulgate regulations 
                establishing the criteria that the Secretary shall use 
                to determine whether the application of paragraph (1) 
                is inconsistent with the public interest for purposes 
                of subparagraph (A)(i).
                    ``(C) Labor costs.--For purposes of this paragraph, 
                labor costs involved in final assembly shall not be 
                included in calculating the cost of components.
                    ``(D) Requests for waivers.--A recipient of 
                assistance under this chapter, chapter 223, chapter 
                261, or section 20154 or 24105 seeking a waiver under 
                subparagraph (A) shall submit to the Secretary a 
                request for the waiver in such form and containing such 
                information as the Secretary may require.
            ``(3) Waiver requirements.--
                    ``(A) Public notification of and opportunity for 
                comment on request for a waiver.--
                            ``(i) In general.--If the Secretary 
                        receives a request for a waiver under paragraph 
                        (2), the Secretary shall provide notice of and 
                        an opportunity for public comment on the 
                        request at least 30 days before making a 
                        finding based on the request.
                            ``(ii) Notice requirements.--A notice 
                        provided under clause (i) shall--
                                    ``(I) include the information 
                                available to the Secretary concerning 
                                the request, including whether the 
                                request is being made under clause (i), 
                                (ii), or (iii) of paragraph (2)(A); and
                                    ``(II) be provided by electronic 
                                means, including on the official public 
                                website of the Department of 
                                Transportation.
                    ``(B) Detailed justification in federal register.--
                If the Secretary issues a waiver under paragraph (2), 
                the Secretary shall publish in the Federal Register a 
                detailed justification for the waiver that--
                            ``(i) addresses the public comments 
                        received under subparagraph (A)(i); and
                            ``(ii) is published before the waiver takes 
                        effect.
            ``(4) State requirements.--The Secretary may not impose a 
        limitation or condition on assistance provided under this 
        chapter, chapter 223, chapter 261, or section 20154 or 24105 
        that restricts--
                    ``(A) a State from imposing requirements that are 
                more stringent than those imposed under this subsection 
                with respect to limiting the use of articles, 
                materials, or supplies mined, produced, or manufactured 
                in foreign countries for projects carried out with that 
                assistance; or
                    ``(B) any recipient of that assistance from 
                complying with those State requirements.
            ``(5) Intentional violations.--Pursuant to procedures 
        established under subpart 9.4 of chapter 1 of title 48, Code of 
        Federal Regulations, a person shall be ineligible to receive a 
        contract or subcontract funded with amounts made available to 
        carry out this chapter, chapter 223, chapter 261, or section 
        20154 or 24105 if the Secretary, the head of any department, 
        agency, or instrumentality of the United States, or a court 
        determines that the person intentionally--
                    ``(A) affixed a label bearing a `Made in America' 
                inscription, or any inscription with the same meaning, 
                to any steel, iron, or manufactured goods that were--
                            ``(i) used in a project to which this 
                        subsection applies; and
                            ``(ii) not produced in the United States; 
                        or
                    ``(B) represented that any steel, iron, or 
                manufactured goods were produced in the United States 
                that were--
                            ``(i) used in a project to which this 
                        subsection applies; and
                            ``(ii) not produced in the United States.
            ``(6) Consistency with international agreements.--
                    ``(A) In general.--This subsection shall be applied 
                in a manner that is consistent with United States 
                obligations under international agreements.
                    ``(B) Treatment of foreign countries in violation 
                of international agreements.--The Secretary shall 
                prohibit the use of steel, iron, and manufactured goods 
                produced in a foreign country in a project funded with 
                amounts made available to carry out this chapter, 
                chapter 223, chapter 261, or section 20154 or 24105, 
                including any project for which the Secretary has 
                issued a waiver under paragraph (2), if the Secretary, 
                in consultation with the United States Trade 
                Representative, determines that the foreign country is 
                in violation of the terms of an agreement with the 
                United States by discriminating against steel, iron, or 
                manufactured goods that are produced in the United 
                States and covered by the agreement.
            ``(7) Opportunity to correct inadvertent error.--
                    ``(A) In general.--The Secretary may allow a 
                manufacturer or supplier of steel, iron, or 
                manufactured goods to correct after bid opening an 
                incomplete Buy America certificate or an incorrect 
                certificate of noncompliance (but not a failure to sign 
                a certificate, a submission of both a certificate of 
                compliance and a certificate of noncompliance, or a 
                failure to submit any certificate) under this 
                subsection if the manufacturer or supplier attests 
                under penalty of perjury that the manufacturer or 
                supplier submitted an incomplete or incorrect 
                certificate as a result of an inadvertent or clerical 
                error.
                    ``(B) Burden.--The burden of establishing 
                inadvertent or clerical error under subparagraph (A) 
                shall be on the manufacturer or supplier.''.
    (b) Review of Nationwide Waivers.--Not later than 1 year after the 
date of enactment of this Act, and at least every 5 years thereafter, 
the Secretary shall review each standing nationwide waiver issued under 
section 24405(a) of title 49, United States Code, to determine whether 
continuing the waiver is necessary.

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

    Section 502(h)(3) of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 822(h)(3)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) the requirements of section 24405(a) of title 
                49, United States Code.''.

SEC. 105. AMTRAK BUY AMERICA PROVISIONS.

    (a) In General.--Section 24305 of title 49, United States Code, is 
amended by striking subsection (f) and inserting the following:
    ``(f) Buy America.--
            ``(1) Definition of united states.--In this subsection, the 
        term `United States' means the States, territories, and 
        possessions of the United States and the District of Columbia.
            ``(2) Domestic source requirement for steel, iron, and 
        manufactured goods.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, funds made available to Amtrak under 
                section 101(c) of the Passenger Rail Investment and 
                Improvement Act of 2008 (122 Stat. 4908) may not be 
                used for a capital project (as defined in subparagraphs 
                (A) and (B) of section 24401(2)) to bring the Northeast 
                Corridor to a state-of-good-repair or for any other 
                capital expense of Amtrak unless the steel, iron, and 
                manufactured goods used for the capital project or 
                other capital expense are produced in the United 
                States.
                    ``(B) Scope.--The requirements of this subsection 
                apply to contracts for capital projects or other 
                capital expenses carried out within the scope of the 
                applicable finding, determination, or decision under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.), regardless of the funding source 
                of the contracts, if at least 1 contract with respect 
                to the capital project or other capital expense is 
                funded with amounts made available under section 101(c) 
                of the Passenger Rail Investment and Improvement Act of 
                2008 (122 Stat. 4908).
            ``(3) Exceptions.--
                    ``(A) Issuance of waivers.--The Secretary of 
                Transportation may waive the requirements of paragraph 
                (1) only if the Secretary finds that--
                            ``(i) applying paragraph (1) would be 
                        inconsistent with the public interest, as 
                        determined in accordance with the regulations 
                        required under subparagraph (B);
                            ``(ii) the steel, iron, or manufactured 
                        goods required for a capital project or other 
                        capital expense are not produced in the United 
                        States--
                                    ``(I) in sufficient and reasonably 
                                available quantities; or
                                    ``(II) to a satisfactory quality; 
                                or
                            ``(iii) the use of steel, iron, and 
                        manufactured goods produced in the United 
                        States for a capital project or other capital 
                        expense would increase the total cost of the 
                        project or expense by more than 25 percent.
                    ``(B) Regulations.--Not later than 1 year after the 
                date of enactment of the Invest in American Jobs Act of 
                2011, the Secretary shall promulgate regulations 
                establishing the criteria that the Secretary shall use 
                to determine whether the application of paragraph (1) 
                is inconsistent with the public interest for purposes 
                of subparagraph (A)(i).
                    ``(C) Labor costs.--For purposes of this paragraph, 
                labor costs involved in final assembly shall not be 
                included in calculating the cost of components.
                    ``(D) Requests for waivers.--If Amtrak seeks a 
                waiver under subparagraph (A), Amtrak shall submit to 
                the Secretary a request for the waiver in such form and 
                containing such information as the Secretary may 
                require.
            ``(4) Waiver requirements.--
                    ``(A) Public notification of and opportunity for 
                comment on request for a waiver.--
                            ``(i) In general.--If the Secretary 
                        receives a request for a waiver from Amtrak 
                        under clause (i), (ii), or (iii) of paragraph 
                        (3)(A), the Secretary shall provide notice of 
                        and an opportunity for public comment on the 
                        request at least 30 days before making a 
                        finding based on the request.
                            ``(ii) Notice requirements.--A notice 
                        provided under clause (i) shall--
                                    ``(I) include the information 
                                available to the Secretary concerning 
                                the request, including whether the 
                                request is being made under clause (i), 
                                (ii), or (iii) of paragraph (3); and
                                    ``(II) be provided by electronic 
                                means, including on the official public 
                                website of the Department of 
                                Transportation.
                    ``(B) Detailed justification in federal register.--
                If the Secretary issues a waiver under paragraph (3), 
                the Secretary shall publish in the Federal Register a 
                detailed justification for the waiver that--
                            ``(i) addresses the public comments 
                        received under subparagraph (A)(i); and
                            ``(ii) is published before the waiver takes 
                        effect.
            ``(5) State requirements.--The Secretary may not impose a 
        limitation or condition on assistance provided with funds 
        described in paragraph (2)(A) that restricts--
                    ``(A) a State from imposing requirements that are 
                more stringent than those imposed under this subsection 
                with respect to limiting the use of articles, 
                materials, or supplies mined, produced, or manufactured 
                in foreign countries for capital projects or other 
                capital expenses carried out with the assistance; or
                    ``(B) any recipient of that assistance from 
                complying with those State requirements.
            ``(6) International violations.--Pursuant to procedures 
        established under subpart 9.4 of chapter 1 of title 48, Code of 
        Federal Regulations (or successor regulations), a person shall 
        be ineligible to receive a contract or subcontract funded with 
        funds described in paragraph (2)(A) if the Secretary, the head 
        of any department, agency, or instrumentality of the United 
        States, or a court determines that the person intentionally--
                    ``(A) affixed a label bearing a `Made in America' 
                inscription, or any inscription with the same meaning, 
                to any steel, iron, or manufactured goods that were--
                            ``(i) used in a capital project or other 
                        capital expense to which this subsection 
                        applies; and
                            ``(ii) not produced in the United States; 
                        or
                    ``(B) represented that any steel, iron, or 
                manufactured goods were produced in the United States 
                that were--
                            ``(i) used in a capital project or other 
                        capital expense to which this subsection 
                        applies; and
                            ``(ii) not produced in the United States.
            ``(7) Consistency with international agreements.--
                    ``(A) In general.--This subsection shall be applied 
                in a manner that is consistent with United States 
                obligations under international agreements.
                    ``(B) Treatment of foreign countries in violation 
                of international agreements.--The Secretary shall 
                prohibit the use of steel, iron, and manufactured goods 
                produced in a foreign country in a capital project or 
                other capital expense funded with funds described in 
                paragraph (2)(A), including any project or capital 
                expense for which the Secretary has issued a waiver 
                under paragraph (3), if the Secretary, in consultation 
                with the United States Trade Representative, determines 
                that the foreign country is in violation of the terms 
                of an agreement with the United States by 
                discriminating against steel, iron, or manufactured 
                goods that are produced in the United States and 
                covered by the agreement.''.
    (b) Review of Nationwide Waivers.--Not later than 1 year after the 
date of enactment of this Act, and at least every 5 years thereafter, 
the Secretary shall review each standing nationwide waiver issued under 
section 24305(f) of title 49, United States Code, to determine whether 
continuing the waiver is necessary.

SEC. 106. AVIATION BUY AMERICA PROVISIONS.

    (a) Buy-American Preferences.--Chapter 501 of title 49, United 
States Code, is amended by striking the chapter heading and inserting 
``BUY AMERICA''.
    (b) Enhancements to Buy America Requirements.--Section 50101 of 
title 49, United States Code, is amended to read as follows:
``Sec. 50101. Buy America
    ``(a) Domestic Source Requirement for Steel, Iron, and Manufactured 
Goods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, and except as provided in paragraph (2), funds made 
        available to carry out section 106(k), 44502(a)(2), or 44509, 
        subchapter I of chapter 471 (except section 47127), or chapter 
        481 (except sections 48102(e), 48106, 48107, and 48110) of this 
        title may not be obligated for a project unless the steel, 
        iron, and manufactured goods used for the project are produced 
        in the United States.
            ``(2) Special rules for certain facilities and equipment.--
        With respect to a project for the procurement of a facility or 
        equipment, funds made available to carry out the provisions 
        specified in paragraph (1) may not be obligated for the project 
        unless--
                    ``(A) the cost of components and subcomponents 
                produced in the United States--
                            ``(i) for fiscal year 2012 is more than 60 
                        percent of the cost of all components of the 
                        facility or equipment;
                            ``(ii) for fiscal year 2013 is more than 70 
                        percent of the cost of all components of the 
                        facility or equipment;
                            ``(iii) for fiscal year 2014 is more than 
                        80 percent of the cost of all components of the 
                        facility or equipment;
                            ``(iv) for fiscal year 2015 is more than 90 
                        percent of the cost of all components of the 
                        facility or equipment; and
                            ``(v) for fiscal year 2016, and each fiscal 
                        year thereafter, is 100 percent of the cost of 
                        all components of the facility or equipment; 
                        and
                    ``(B) final assembly of the facility or equipment 
                occurs in the United States.
            ``(3) Scope.--The requirements of this section apply to all 
        contracts for a project carried out within the scope of the 
        applicable finding, determination, or decision under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.), regardless of the funding source of the contracts, if at 
        least 1 contract for the project is funded with amounts made 
        available to carry out a provision specified in paragraph (1).
    ``(b) Exceptions.--
            ``(1) Issuance of waivers.--The Secretary of Transportation 
        may waive the requirements of subsection (a) only if the 
        Secretary finds that--
                    ``(A) applying subsection (a) would be inconsistent 
                with the public interest, as determined in accordance 
                with the regulations required under paragraph (2);
                    ``(B) the steel, iron, or manufactured goods 
                required for a project are not produced in the United 
                States--
                            ``(i) in sufficient and reasonably 
                        available quantities; or
                            ``(ii) to a satisfactory quality; or
                    ``(C) the use of steel, iron, and manufactured 
                goods produced in the United States for a project would 
                increase the total cost of the project by more than 25 
                percent.
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of the Invest in American Jobs Act of 2011, the 
        Secretary shall promulgate regulations establishing the 
        criteria that the Secretary shall use to determine whether the 
        application of subsection (a) is inconsistent with the public 
        interest for purposes of paragraph (1)(A).
            ``(3) Labor costs.--For purposes of this section, labor 
        costs involved in final assembly are not included in 
        calculating the cost of components.
            ``(4) Requests for waivers.--An entity seeking a waiver 
        under paragraph (1) shall submit to the Secretary a request for 
        the waiver in such form and containing such information as the 
        Secretary may require.
            ``(5) Preference for american-assembled facilities and 
        equipment.--In the procurement of a facility or equipment 
        subject to a waiver issued under paragraph (1), the Secretary 
        shall give preference to a facility or equipment for which 
        final assembly occurred in the United States.
            ``(6) Limitation on waiver authority.--In the procurement 
        of a facility or equipment, if the Secretary finds that a 
        component of the facility or equipment is not produced in the 
        United States in sufficient and reasonably available quantities 
        or to a satisfactory quality, the Secretary may issue a waiver 
        under paragraph (1) with respect to the component.
    ``(c) Waiver Requirements.--
            ``(1) Public notification of and opportunity for comment on 
        request for a waiver.--
                    ``(A) In general.--If the Secretary receives a 
                request for a waiver under subsection (b), the 
                Secretary shall provide notice of and an opportunity 
                for public comment on the request at least 30 days 
                before making a finding based on the request.
                    ``(B) Notice requirements.--A notice provided under 
                subparagraph (A) shall--
                            ``(i) include the information available to 
                        the Secretary concerning the request, including 
                        whether the request is being made under 
                        subparagraph (A), (B), or (C) of subsection 
                        (b)(1); and
                            ``(ii) be provided by electronic means, 
                        including on the official public website of the 
                        Department of Transportation.
            ``(2) Detailed justification in federal register.--If the 
        Secretary issues a waiver under subsection (b), the Secretary 
        shall publish in the Federal Register a detailed justification 
        for the waiver that--
                    ``(A) addresses the public comments received under 
                paragraph (1)(A); and
                    ``(B) is published before the waiver takes effect.
    ``(d) State Requirements.--The Secretary may not impose a 
limitation or condition on assistance provided with funds made 
available to carry out a provision specified in subsection (a)(1) that 
restricts--
            ``(1) a State from imposing requirements that are more 
        stringent than those imposed under this section with respect to 
        limiting the use of articles, materials, or supplies mined, 
        produced, or manufactured in foreign countries for projects 
        carried out with that assistance; or
            ``(2) any recipient of that assistance from complying with 
        those State requirements.
    ``(e) Consistency With International Agreements.--
            ``(1) In general.--This section shall be applied in a 
        manner that is consistent with United States obligations under 
        international agreements.
            ``(2) Treatment of foreign countries in violation of 
        international agreements.--The Secretary shall prohibit the use 
        of steel, iron, and manufactured goods produced in a foreign 
        country in a project funded with funds made available to carry 
        out a provision specified in subsection (a)(1), including any 
        project for which the Secretary has issued a waiver under 
        subsection (b), if the Secretary, in consultation with the 
        United States Trade Representative, determines that the foreign 
        country is in violation of the terms of an agreement with the 
        United States by discriminating against steel, iron, or 
        manufactured goods that are produced in the United States and 
        covered by the agreement.''.
    (c) Prohibition on Contracting Upon Falsification of Label.--
Section 50105 of title 49, United States Code, is amended in the first 
sentence by inserting ``steel, iron, or manufactured'' before 
``goods''.
    (d) Review of Nationwide Waivers.--Not later than 1 year after the 
date of enactment of this Act, and at least every 5 years thereafter, 
the Secretary shall review each standing nationwide waiver issued under 
section 50101 of title 49, United States Code, to determine whether 
continuing the waiver is necessary.

SEC. 107. DEPARTMENT OF TRANSPORTATION BUY AMERICA ANNUAL REPORT.

    Section 308 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Buy America.--Not later than February 1 of each year 
beginning after the date of enactment of this subsection, the Secretary 
shall submit to Congress a report that--
            ``(1) specifies each project with respect to which the 
        Secretary issued a waiver from a Buy America requirement during 
        the preceding calendar year;
            ``(2) identifies the country of origin and product 
        specifications for steel, iron, or manufactured goods acquired 
        pursuant to each waiver from a Buy America requirement issued 
        by the Secretary during the preceding calendar year;
            ``(3) summarizes the monetary value of contracts awarded 
        pursuant to each such waiver;
            ``(4) provides the justification for each such waiver, 
        including the specific law, treaty, or international agreement 
        under which the waiver was granted;
            ``(5) summarizes the funds expended on--
                    ``(A) steel, iron, and manufactured goods produced 
                in the United States for projects with respect to which 
                a Buy America requirement, under which the Secretary 
                has waiver authority, applied during the preceding 
                calendar year; and
                    ``(B) steel, iron, and manufactured goods produced 
                outside the United States for projects with respect to 
                which the Secretary issued a waiver from a Buy America 
                requirement during the preceding calendar year; and
            ``(6) provides an employment impact analysis of the 
        cumulative effect of all waivers from a Buy America requirement 
        issued by the Secretary during the preceding calendar year on 
        manufacturing employment in the United States.''.

               TITLE II--OTHER INFRASTRUCTURE INVESTMENT

SEC. 201. WASTEWATER TREATMENT BUY AMERICA PROVISIONS.

    (a) In General.--Title VI of the Federal Water Pollution Control 
Act (33 U.S.C. 1381 et seq.) is amended by adding at the end the 
following:

``SEC. 608. BUY AMERICA.

    ``(a) Domestic Source Requirement for Steel, Iron, and Manufactured 
Goods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, funds made available from a State water pollution control 
        revolving fund established under this title may not be used, in 
        whole or in part, for a project for the construction of a 
        publicly owned treatment works unless the steel, iron, and 
        manufactured goods used for the project are produced in the 
        United States.
            ``(2) Scope.--The requirements of this section apply to all 
        contracts for the construction of a treatment works carried out 
        within the scope of the applicable finding, determination, or 
        decision under section 511(c)(1), regardless of the funding 
        source of the contracts, if at least 1 contract for the 
        construction is funded with amounts made available to carry out 
        this title.
    ``(b) Exceptions.--
            ``(1) Issuance of waivers.--The Administrator may waive the 
        requirements of subsection (a) only if the Administrator finds 
        that--
                    ``(A) applying subsection (a) would be inconsistent 
                with the public interest, as determined in accordance 
                with the regulations required under paragraph (2);
                    ``(B) the steel, iron, or manufactured goods 
                required for a project are not produced in the United 
                States--
                            ``(i) in sufficient and reasonably 
                        available quantities; or
                            ``(ii) to a satisfactory quality; or
                    ``(C) the use of steel, iron, and manufactured 
                goods produced in the United States for a project would 
                increase the total cost of the project by more than 25 
                percent.
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of this section, the Administrator shall promulgate 
        regulations establishing the criteria that the Administrator 
        shall use to determine whether the application of subsection 
        (a) is inconsistent with the public interest for purposes of 
        paragraph (1)(A).
            ``(3) Requests for waivers.--A recipient of assistance 
        under this title seeking a waiver under paragraph (1) shall 
        submit to the Administrator a request for the waiver in such 
        form and containing such information as the Administrator may 
        require.
    ``(c) Waiver Requirements.--
            ``(1) Public notification of and opportunity for comment on 
        request for a waiver.--
                    ``(A) In general.--If the Administrator receives a 
                request for a waiver under subsection (b), the 
                Administrator shall provide notice of and an 
                opportunity for public comment on the request at least 
                30 days before making a finding based on the request.
                    ``(B) Notice requirements.--A notice provided under 
                subparagraph (A) shall--
                            ``(i) include the information available to 
                        the Administrator concerning the request, 
                        including whether the request is being made 
                        under subparagraph (A), (B), or (C) of 
                        subsection (b)(1); and
                            ``(ii) be provided by electronic means, 
                        including on the official public website of the 
                        Environmental Protection Agency.
            ``(2) Detailed justification in federal register.--If the 
        Administrator issues a waiver under subsection (b), the 
        Administrator shall publish in the Federal Register a detailed 
        justification for the waiver that--
                    ``(A) addresses the public comments received under 
                paragraph (1)(A); and
                    ``(B) is published before the waiver takes effect.
            ``(3) Annual report.--Not later than February 1 of each 
        year beginning after the date of enactment of this section, the 
        Administrator shall submit to the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        report that--
                    ``(A) specifies each project with respect to which 
                the Administrator issued a waiver under subsection (b) 
                during the preceding calendar year;
                    ``(B) identifies the country of origin and product 
                specifications for steel, iron, or manufactured goods 
                acquired pursuant to each waiver under subsection (b) 
                issued by the Administrator during the preceding 
                calendar year;
                    ``(C) summarizes the monetary value of contracts 
                awarded pursuant to each such waiver;
                    ``(D) provides the justification for each such 
                waiver, including the specific law, treaty, or 
                international agreement under which the waiver was 
                granted;
                    ``(E) summarizes the funds expended on--
                            ``(i) steel, iron, and manufactured goods 
                        produced in the United States for projects with 
                        respect to which the Buy America requirement 
                        under this section applied during the preceding 
                        calendar year; and
                            ``(ii) steel, iron, and manufactured goods 
                        produced outside the United States for projects 
                        with respect to which the Administrator issued 
                        a waiver under subsection (b) during the 
                        preceding calendar year; and
                    ``(F) provides an employment impact analysis of the 
                cumulative effect of all waivers under subsection (b) 
                issued by the Administrator during the preceding 
                calendar year on manufacturing employment in the United 
                States.
    ``(d) State Requirements.--The Administrator may not impose a 
limitation or condition on assistance provided under this title that 
restricts--
            ``(1) a State from imposing requirements that are more 
        stringent than those imposed under this section with respect to 
        limiting the use of articles, materials, or supplies mined, 
        produced, or manufactured in foreign countries for projects 
        carried out with that assistance; or
            ``(2) any recipient of that assistance from complying with 
        those State requirements.
    ``(e) Intentional Violations.--Pursuant to procedures established 
under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations 
(or successor regulations), a person shall be ineligible to receive a 
contract or subcontract funded with amounts made available from a State 
water pollution control revolving fund established under this title if 
the Administrator, the head of any department, agency, or 
instrumentality of the United States, or a court determines that the 
person intentionally--
            ``(1) affixed a label bearing a `Made in America' 
        inscription, or any inscription with the same meaning, to any 
        steel, iron, or manufactured goods that were--
                    ``(A) used in a project to which this section 
                applies; and
                    ``(B) not produced in the United States; or
            ``(2) represented that any steel, iron, or manufactured 
        goods were produced in the United States that were--
                    ``(A) used in a project to which this section 
                applies; and
                    ``(B) not produced in the United States.
    ``(f) Consistency With International Agreements.--
            ``(1) In general.--This section shall be applied in a 
        manner that is consistent with United States obligations under 
        international agreements.
            ``(2) Treatment of foreign countries in violation of 
        international agreements.--The Administrator shall prohibit the 
        use of steel, iron, and manufactured goods produced in a 
        foreign country in a project funded with amounts made available 
        from a State water pollution control revolving fund established 
        under this title, including any project for which the 
        Administrator has issued a waiver under subsection (b), if the 
        Administrator, in consultation with the United States Trade 
        Representative, determines that the foreign country is in 
        violation of the terms of an agreement with the United States 
        by discriminating against steel, iron, or manufactured goods 
        that are produced in the United States and covered by the 
        agreement.''.
    (b) Review of Nationwide Waivers.--Not later than 1 year after the 
date of enactment of this Act, and at least every 5 years thereafter, 
the Administrator shall review each standing nationwide waiver issued 
under section 608 of the Federal Water Pollution Control Act (as added 
by this section) to determine whether continuing the waiver is 
necessary.
                                 <all>
```