I 

112TH CONGRESS 

1ST SESSION H. R. 1703 

To require certain Federal agencies to use iron and steel produced in the 

United States in carrying out projects for the construction, alteration, 

or repair of a public building or public work, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 3, 2011 

Mr. VISCLOSKY (for himself and Mr. MURPHY of Pennsylvania) introduced the 

following bill; which was referred to the Committee on Transportation 

and Infrastructure, and in addition to the Committees on Homeland Security and Armed Services, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To require certain Federal agencies to use iron and steel 

produced in the United States in carrying out projects 

for the construction, alteration, or repair of a public 

building or public work, and for other purposes. 

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. 

4 This Act may be cited as the ‘‘American Steel First 

5 Act of 2011’’. 


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1 SEC. 2. USE OF IRON AND STEEL PRODUCED IN THE 

2 UNITED STATES IN THE CONSTRUCTION OF 

3 PUBLIC WORKS. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, the head of a covered Federal agency shall 

6 not obligate or expend funds appropriated to the agency, 

7 or provide financial assistance using funds appropriated 

8 to the agency, for a project for the construction, alter9 ation, maintenance, or repair of a public building or public 

10 work unless all of the iron and steel used in such project 

11 is produced in the United States. 

12 (b) EXCEPTIONS.—The provisions of subsection (a) 

13 shall not apply to a covered Federal agency in any case 

14 in which the head of the agency finds— 

15 (1) that their application would be inconsistent 

16 with the public interest; 

17 (2) that iron and steel are not produced in the 

18 United States in sufficient and reasonably available 

19 quantities and of a satisfactory quality; or 

20 (3) that inclusion of iron and steel produced in 

21 the United States will increase the cost of the overall 

22 project contract by more than 25 percent. 

23 (c) WRITTEN JUSTIFICATION FOR WAIVER.— 

24 (1) NOTICE AND COMMENT.—If the head of a 

25 covered Federal agency determines that it is nec26 essary to waive the application of subsection (a) 


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1 based on a finding under subsection (b), the head of 

2 the agency shall, before the waiver becomes effec3 tive— 

4 (A) publish in the Federal Register a de5 tailed written justification as to why the waiver 

6 is needed; and 

7 (B) provide the public with a reasonable 

8 period of time for notice and comment. 

9 (2) ANNUAL REPORT.—Not later than one year 

10 after the date of enactment of this Act, and annually 

11 thereafter, the head of a covered Federal agency 

12 shall submit to Congress a report on— 

13 (A) any waivers granted by the head of the 

14 agency under subsection (b) in the preceding 

15 year, including justifications for the waivers; 

16 and 

17 (B) any obligation or expenditure of funds 

18 by the head of the agency in the preceding year 

19 that did not conform to the requirements of this 

20 section due to limitations imposed by a treaty, 

21 agreement, or other provision of law. 

22 (d) RELATIONSHIP TO STATE REQUIREMENTS.—The 

23 head of a covered Federal agency shall not impose any 

24 limitation or condition on financial assistance provided 

25 using funds appropriated to the agency that restricts any 


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1 State from imposing more stringent requirements than 

2 this section on the use of iron and steel in foreign coun3 tries in projects carried out with such assistance or re4 stricts any recipient of such assistance from complying 

5 with such State imposed requirements. 

6 (e) INTENTIONAL VIOLATIONS.—If it has been deter7 mined by a court or Federal agency that any person inten8 tionally— 

9 (1) affixed a label bearing a ‘‘Made in Amer10 ica’’ inscription, or any inscription with the same 

11 meaning, to any product used in projects to which 

12 this section applies, sold in or shipped to the United 

13 States that was not made in the United States; or 

14 (2) represented that any product used in 

15 projects to which this section applies, sold in or 

16 shipped to the United States that was not produced 

17 in the United States, was produced in the United 

18 States; 

19 that person shall be ineligible, for a period of 6 years be20 ginning on the date of the determination, to receive any 

21 contract or subcontract made with funds authorized to be 

22 appropriated to the agency pursuant to the debarment, 

23 suspension, and ineligibility procedures in subpart 9.4 of 

24 chapter 1 of title 48, Code of Federal Regulations. 


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1 (f) LIMITATION ON APPLICABILITY OF WAIVERS TO

2 PRODUCTS PRODUCED IN CERTAIN FOREIGN COUN3 TRIES.—If the head of a covered Federal agency, in con4 sultation with the United States Trade Representative, de5 termines that— 

6 (1) a foreign country is a party to an agree7 ment with the United States and pursuant to that 

8 agreement the head of an agency of the United 

9 States has waived the requirements of this section; 

10 and 

11 (2) the foreign country has violated the terms 

12 of the agreement by discriminating against products 

13 covered by this section that are produced in the 

14 United States and are covered by the agreement, 

15 the provisions of subsection (b) shall not apply with re16 spect to the head of the covered Federal agency in connec17 tion with products produced in that foreign country. 

18 (g) RELATIONSHIP TO TRANSPORTATION PROVI19 SIONS.—Notwithstanding any provision of this section, the 

20 requirements contained in section 313 of title 23, United 

21 States Code, and sections 5323(j) and 50101 of title 49, 

22 United States Code, as amended by this Act, shall con23 tinue to apply. 

24 (h) APPLICATION OF REQUIREMENTS TO ENTIRE

25 PROJECT.—The requirement of subsection (a) and the exVerDate Mar 15 2010 04:01 May 04, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1703.IH H1703

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1 ceptions specified in subsection (b) apply to the total of 

2 obligations and expenditures for an entire project and not 

3 only to obligations and expenditures for component parts 

4 of such project. 

5 (i) DEFINITIONS.—In this section, the following defi6 nitions apply: 

7 (1) COVERED FEDERAL AGENCY.—The term 

8 ‘‘covered Federal agency’’ means the Department of 

9 Homeland Security, the Department of Defense, and 

10 the Department of Transportation. 

11 (2) PUBLIC BUILDING; PUBLIC WORK.—The 

12 terms ‘‘public building’’ and ‘‘public work’’ have the 

13 meanings given such terms in section 8301 of title 

14 41, United States Code, and include airports, 

15 bridges, canals, dams, dikes, pipelines, railroads, 

16 multiline mass transit systems, roads, tunnels, har17 bors, and piers. 

18 SEC. 3. BUY AMERICA REQUIREMENTS IN TRANSPOR19 TATION LAWS. 

20 (a) HIGHWAYS.—Section 313 of title 23, United 

21 States Code, is amended— 

22 (1) by redesignating subsections (c) through (f) 

23 as subsections (d) through (g), respectively; 

24 (2) by inserting after subsection (b) the fol25 lowing: 


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1 ‘‘(c) WRITTEN JUSTIFICATION FOR WAIVER.— 

2 ‘‘(1) NOTICE AND COMMENT.—If the Secretary 

3 determines that it is necessary to waive the applica4 tion of subsection (a) based on a finding under sub5 section (b), the Secretary shall, before the waiver be6 comes effective— 

7 ‘‘(A) publish in the Federal Register a de8 tailed written justification as to why the waiver 

9 is needed; and 

10 ‘‘(B) provide the public with a reasonable 

11 period of time for notice and comment. 

12 ‘‘(2) ANNUAL REPORT.—Not later than one 

13 year after the date of enactment of this paragraph, 

14 and annually thereafter, the Secretary shall submit 

15 to the Committee on Transportation and Infrastruc16 ture of the House of Representatives and the Com17 mittee on Environment and Public Works of the 

18 Senate a report on— 

19 ‘‘(A) any waivers granted under subsection 

20 (b) in the preceding year, including justifica21 tions for the waivers; and 

22 ‘‘(B) any obligation of funds by the Sec23 retary in the preceding year that did not con24 form to the requirements of this section due to 


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1 limitations imposed by a treaty, agreement, or 

2 other provision of law.’’; and 

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

4 ‘‘(h) APPLICATION OF REQUIREMENTS TO ENTIRE

5 PROJECT.—The requirement of subsection (a) and the ex6 ceptions specified in subsection (b) apply to the total of 

7 obligations for an entire project and not only to obligations 

8 for component parts of such project.’’. 

9 (b) PUBLIC TRANSPORTATION.—Section 5323(j) of 

10 title 49, United States Code, is amended— 

11 (1) by striking paragraph (3) and inserting the 

12 following: 

13 ‘‘(3) WRITTEN JUSTIFICATION FOR WAIVER.— 

14 ‘‘(A) NOTICE AND COMMENT.—If the Sec15 retary determines that it is necessary to waive 

16 the application of paragraph (1) based on a 

17 finding under paragraph (2), the Secretary 

18 shall, before the waiver becomes effective— 

19 ‘‘(i) publish in the Federal Register a 

20 detailed written justification as to why the 

21 waiver is needed; and 

22 ‘‘(ii) provide the public with a reason23 able period of time for notice and com24 ment. 


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1 ‘‘(B) ANNUAL REPORT.—Not later than 

2 one year after the date of enactment of this 

3 subparagraph, and annually thereafter, the Sec4 retary shall submit to the Committee on Trans5 portation and Infrastructure of the House of 

6 Representatives and the Committee on Bank7 ing, Housing, and Urban Affairs of the Senate 

8 a report on— 

9 ‘‘(i) any waivers granted under para10 graph (2) in the preceding year, including 

11 justifications for the waivers; and 

12 ‘‘(ii) any obligation of funds by the 

13 Secretary in the preceding year that did 

14 not conform to the requirements of this 

15 subsection due to limitations imposed by a 

16 treaty, agreement, or other provision of 

17 law.’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(10) APPLICATION OF REQUIREMENTS TO EN20 TIRE PROJECT.—The requirement of paragraph (1) 

21 and the exceptions specified in paragraph (2) apply 

22 to the total of obligations for an entire project and 

23 not only to obligations for component parts of such 

24 project.’’. 


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1 (c) AIRPORTS.—Section 50101 of title 49, United 

2 States Code, is amended— 

3 (1) by redesignating subsection (c) as sub4 section (d); 

5 (2) by inserting after subsection (b) the fol6 lowing: 

7 ‘‘(c) WRITTEN JUSTIFICATION FOR WAIVER.— 

8 ‘‘(1) NOTICE AND COMMENT.—If the Secretary 

9 determines that it is necessary to waive the applica10 tion of subsection (a) based on a finding under sub11 section (b), the Secretary shall, before the waiver be12 comes effective— 

13 ‘‘(A) publish in the Federal Register a de14 tailed written justification as to why the waiver 

15 is needed; and 

16 ‘‘(B) provide the public with a reasonable 

17 period of time for notice and comment. 

18 ‘‘(2) ANNUAL REPORT.—Not later than one 

19 year after the date of enactment of this paragraph, 

20 and annually thereafter, the Secretary shall submit 

21 to the Committee and Transportation and Infra22 structure of the House of Representatives and the 

23 Committee on Commerce, Science, and Transpor24 tation of the Senate a report on— 


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1 ‘‘(A) any waivers granted under subsection 

2 (b) in the preceding year, including justifica3 tions for the waivers; and 

4 ‘‘(B) any obligation of funds by the Sec5 retary in the preceding year that did not con6 form to the requirements of this section due to 

7 limitations imposed by a treaty, agreement, or 

8 other provision of law.’’; and 

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

10 ‘‘(d) APPLICATION OF REQUIREMENTS TO ENTIRE

11 PROJECT.—The requirement of subsection (a) and the ex12 ceptions specified in subsection (b) apply to the total of 

13 obligations for an entire project and not only to obligations 

14 for component parts of such project.’’. 

15 SEC. 4. EFFECTIVE DATE. 

16 This Act, and the amendments made by this Act, 

17 shall apply to amounts appropriated or otherwise made 

18 available after the date of enactment of this Act. 

Æ 


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