I 

113TH CONGRESS 

1ST SESSION H. R. 949 

To ensure that transportation and infrastructure projects carried out using 

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

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2013 

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

BROWN of Florida, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. CUMMINGS, Mr. LARSEN of Washington, Mr. CAPUANO, Mr. BISHOP of New 

York, Mr. MICHAUD, Mrs. NAPOLITANO, Mr. LIPINSKI, Mr. WALZ, Mr. 

COHEN, Mr. SIRES, Ms. EDWARDS, Mr. GARAMENDI, Mr. CARSON of Indiana, Mr. NOLAN, Mrs. KIRKPATRICK, Mr. SEAN PATRICK MALONEY of 

New York, Ms. ESTY, Mrs. BUSTOS, Mr. LOEBSACK, Ms. SLAUGHTER, 

Mr. HIGGINS, Mr. PETERS of Michigan, Mr. VISCLOSKY, and Mr. 

CICILLINE) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Financial Services, for a period to be subsequently determined 

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

within the jurisdiction of the committee concerned 

A BILL 

To ensure that transportation and infrastructure projects 

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

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

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


tkelley on DSK3SPTVN1PROD with BILLS
2 

•HR 949 IH

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Invest in American Jobs Act of 2013’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—DEPARTMENT OF TRANSPORTATION 

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

Sec. 102. Public transportation Buy America provisions. 

Sec. 103. Rail grant Buy America provisions. 

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

Sec. 105. Amtrak Buy America provisions. 

Sec. 106. Aviation Buy America provisions. 

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

TITLE II—OTHER INFRASTRUCTURE INVESTMENT 

Sec. 201. Wastewater treatment Buy America provisions. 

Sec. 202. Economic development Buy America provisions. 

Sec. 203. FEMA mitigation grant Buy America provisions. 

Sec. 204. Bridges over navigable waters Buy America provisions. 

Sec. 205. Registry endorsement requirement in the Exclusive Economic Zone. 

6 TITLE I—DEPARTMENT OF 

7 TRANSPORTATION 

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

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

11 States Code, is amended to read as follows: 

12 ‘‘§ 313. Buy America 

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

14 IRON, AND MANUFACTURED GOODS.— 

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

16 provision of law, funds made available to carry out 

17 this title may not be obligated for a project unless 


tkelley on DSK3SPTVN1PROD with BILLS
3 

•HR 949 IH

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

2 project are produced in the United States. 

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

4 apply to all contracts for a project carried out within 

5 the scope of the applicable finding, determination, or 

6 decision under the National Environmental Policy 

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

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

9 contract for the project is funded with amounts 

10 made available to carry out this title. 

11 ‘‘(b) EXCEPTIONS.— 

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

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

14 the Secretary finds that— 

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

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

20 goods required for a project are not produced in 

21 the United States— 

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

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


tkelley on DSK3SPTVN1PROD with BILLS
4 

•HR 949 IH

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

3 a project will increase the total cost of the 

4 project by more than 25 percent. 

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

6 after the date of enactment of the Invest in Amer7 ican Jobs Act of 2013, the Secretary shall issue reg8 ulations establishing the criteria that the Secretary 

9 shall use to determine whether the application of 

10 subsection (a) is inconsistent with the public interest 

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

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

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

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

17 assistance under this title seeking a waiver under 

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

20 such information as the Secretary may require. 

21 ‘‘(c) WAIVER REQUIREMENTS.— 

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


tkelley on DSK3SPTVN1PROD with BILLS
5 

•HR 949 IH

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

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

4 opportunity for public comment on the request 

5 at least 30 days before making a finding based 

6 on the request. 

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

8 provided under subparagraph (A) shall— 

9 ‘‘(i) include the information available 

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

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

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

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

15 including on the official public Internet 

16 Web site of the Department of Transpor17 tation. 

18 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

19 REGISTER.—If the Secretary issues a waiver under 

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

21 Federal Register a detailed justification for the 

22 waiver that— 

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


tkelley on DSK3SPTVN1PROD with BILLS
6 

•HR 949 IH

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

2 effect. 

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

4 not impose a limitation or condition on assistance provided 

5 under this title that restricts— 

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

7 are more stringent than those imposed under this 

8 section with respect to limiting the use of articles, 

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

11 with such assistance; or 

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

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

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

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

21 such person intentionally— 

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

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

25 that— 


tkelley on DSK3SPTVN1PROD with BILLS
7 

•HR 949 IH

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

2 section applies; and 

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

4 States; or 

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

7 that— 

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

9 section applies; and 

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

11 States. 

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

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

16 States obligations under international agreements. 

17 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

18 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

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

20 manufactured goods produced in a foreign country 

21 in a project funded with amounts made available to 

22 carry out this title, including any project for which 

23 the Secretary has issued a waiver under subsection 

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

25 States Trade Representative, determines that the 


tkelley on DSK3SPTVN1PROD with BILLS
8 

•HR 949 IH

1 foreign country is in violation of the terms of an 

2 agreement with the United States by discriminating 

3 against steel, iron, or manufactured goods that are 

4 produced in the United States and covered by the 

5 agreement.’’. 

6 (b) REVIEW OF NATIONWIDE WAIVERS.— 

7 (1) IN GENERAL.—Not later than 1 year after 

8 the date of enactment of this Act, and at least every 

9 5 years thereafter, the Secretary of Transportation 

10 shall review each standing nationwide waiver issued 

11 under section 313 of title 23, United States Code, 

12 to determine whether continuing such waiver is nec13 essary. 

14 (2) PUBLIC NOTIFICATION OF AND OPPOR15 TUNITY FOR COMMENT ON REVIEW OF STANDING

16 NATIONWIDE WAIVERS.—In conducting a review 

17 under paragraph (1), the Secretary shall provide no18 tice of and an opportunity for public comment on 

19 the review at least 30 days before completing the re20 view. 

21 (3) NOTICE REQUIREMENT.—A notice provided 

22 under paragraph (2) shall be provided by electronic 

23 means, including on the official public Internet Web 

24 site of the Department of Transportation. 


tkelley on DSK3SPTVN1PROD with BILLS
9 

•HR 949 IH

1 (4) DETAILED JUSTIFICATION IN FEDERAL

2 REGISTER.—If the Secretary finds it is necessary to 

3 continue a standing nationwide waiver after a review 

4 under paragraph (1), the Secretary shall publish in 

5 the Federal Register a detailed justification for such 

6 waiver that addresses the public comments received 

7 under paragraph (2). 

8 (c) REPEALS.— 

9 (1) WAIVER NOTIFICATION AND ANNUAL RE10 PORTS.—Section 117 of the SAFETEA–LU Tech11 nical Corrections Act of 2008 (23 U.S.C. 313 note) 

12 is repealed. 

13 (2) NOTICE AND PUBLIC COMMENTS.—Section 

14 123 of title I of division A of the Consolidated Ap15 propriations Act, 2010 (23 U.S.C. 313 note) is re16 pealed. 

17 SEC. 102. PUBLIC TRANSPORTATION BUY AMERICA PROVI18 SIONS. 

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

20 States Code, is amended to read as follows: 

21 ‘‘(j) BUY AMERICA.— 

22 ‘‘(1) DOMESTIC SOURCE REQUIREMENT FOR

23 STEEL, IRON, AND MANUFACTURED GOODS.— 

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

25 other provision of law, and except as provided 


tkelley on DSK3SPTVN1PROD with BILLS
10 

•HR 949 IH

1 in subparagraph (B), funds made available to 

2 carry out this chapter may not be obligated for 

3 a project unless the steel, iron, and manufac4 tured goods used for the project are produced 

5 in the United States. 

6 ‘‘(B) SPECIAL RULES FOR ROLLING

7 STOCK.—Funds made available to carry out 

8 this chapter may not be obligated for the pro9 curement of rolling stock (including train con10 trol, communication, traction power equipment, 

11 and rolling stock prototypes) unless— 

12 ‘‘(i) the cost of components and sub13 components produced in the United 

14 States— 

15 ‘‘(I) for fiscal year 2013 is more 

16 than 60 percent of the cost of all com17 ponents of the rolling stock; 

18 ‘‘(II) for fiscal year 2014 is more 

19 than 70 percent of the cost of all com20 ponents of the rolling stock; 

21 ‘‘(III) for fiscal year 2015 is 

22 more than 80 percent of the cost of 

23 all components of the rolling stock; 

24 ‘‘(IV) for fiscal year 2016 is 

25 more than 90 percent of the cost of 


tkelley on DSK3SPTVN1PROD with BILLS
11 

•HR 949 IH

1 all components of the rolling stock; 

2 and 

3 ‘‘(V) for fiscal year 2017, and 

4 each fiscal year thereafter, is 100 per5 cent of the cost of all components of 

6 the rolling stock; and 

7 ‘‘(ii) final assembly of the rolling 

8 stock, including rolling stock prototypes, 

9 occurs in the United States. 

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

11 subsection apply to all contracts for a public 

12 transportation project carried out within the 

13 scope of the applicable finding, determination, 

14 or decision under the National Environmental 

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

16 regardless of the funding source of such con17 tracts, if at least one contract for the public 

18 transportation project is funded with amounts 

19 made available to carry out this chapter. 

20 ‘‘(2) EXCEPTIONS.— 

21 ‘‘(A) ISSUANCE OF WAIVERS.—The Sec22 retary may waive the requirements of para23 graph (1) only if the Secretary finds that— 

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

25 inconsistent with the public interest, as deVerDate Mar 15 2010 21:58 Mar 06, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H949.IH H949

tkelley on DSK3SPTVN1PROD with BILLS
12 

•HR 949 IH

1 termined in accordance with the regula2 tions required under subparagraph (B); 

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

4 goods required for a project are not pro5 duced in the United States— 

6 ‘‘(I) in sufficient and reasonably 

7 available quantities; or 

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

9 ‘‘(iii) the use of steel, iron, and manu10 factured goods produced in the United 

11 States for a project will increase the total 

12 cost of the project by more than 25 per13 cent. 

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

15 year after the date of enactment of the Invest 

16 in American Jobs Act of 2013, the Secretary 

17 shall issue regulations establishing the criteria 

18 that the Secretary shall use to determine 

19 whether the application of paragraph (1) is in20 consistent with the public interest for purposes 

21 of subparagraph (A)(i). 

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

23 If the Secretary finds that a component of roll24 ing stock is not produced in the United States 

25 in sufficient and reasonably available quantities 


tkelley on DSK3SPTVN1PROD with BILLS
13 

•HR 949 IH

1 or to a satisfactory quality, the Secretary may 

2 issue a waiver under subparagraph (A) with re3 spect to such component. 

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

5 subsection, labor costs involved in final assem6 bly shall not be included in calculating the cost 

7 of components. 

8 ‘‘(E) REQUESTS FOR WAIVERS.—A recipi9 ent of assistance under this chapter seeking a 

10 waiver under subparagraph (A) shall submit to 

11 the Secretary a request for the waiver in such 

12 form and containing such information as the 

13 Secretary may require. 

14 ‘‘(3) WAIVER REQUIREMENTS.— 

15 ‘‘(A) PUBLIC NOTIFICATION OF AND OP16 PORTUNITY FOR COMMENT ON REQUEST FOR A

17 WAIVER.— 

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

19 receives a request for a waiver under para20 graph (2), the Secretary shall provide no21 tice of and an opportunity for public com22 ment on the request at least 30 days be23 fore making a finding based on the re24 quest. 


tkelley on DSK3SPTVN1PROD with BILLS
14 

•HR 949 IH

1 ‘‘(ii) NOTICE REQUIREMENTS.—A no2 tice provided under clause (i) shall— 

3 ‘‘(I) include the information 

4 available to the Secretary concerning 

5 the request, including whether the re6 quest is being made under paragraph 

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

8 and 

9 ‘‘(II) be provided by electronic 

10 means, including on the official public 

11 Internet Web site of the Department 

12 of Transportation. 

13 ‘‘(B) DETAILED JUSTIFICATION IN FED14 ERAL REGISTER.—If the Secretary issues a 

15 waiver under paragraph (2), the Secretary shall 

16 publish in the Federal Register a detailed jus17 tification for the waiver that— 

18 ‘‘(i) addresses the public comments 

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

20 ‘‘(ii) is published before the waiver 

21 takes effect. 

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

23 may not impose a limitation or condition on assist24 ance provided under this chapter that restricts— 


tkelley on DSK3SPTVN1PROD with BILLS
15 

•HR 949 IH

1 ‘‘(A) a State from imposing requirements 

2 that are more stringent than those imposed 

3 under this subsection with respect to limiting 

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

5 produced, or manufactured in foreign countries 

6 for projects carried out with such assistance; or 

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

8 complying with such State requirements. 

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

10 procedures established under subpart 9.4 of chapter 

11 1 of title 48, Code of Federal Regulations, a person 

12 shall be ineligible to receive a contract or sub13 contract funded with amounts made available to 

14 carry out this chapter or any other law providing 

15 Federal public transportation assistance if the Sec16 retary, the head of any department, agency, or in17 strumentality of the United States, or a court deter18 mines that such person intentionally— 

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

20 America’ inscription, or any inscription with the 

21 same meaning, to any steel, iron, or manufac22 tured goods that— 

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

24 this subsection applies; and 


tkelley on DSK3SPTVN1PROD with BILLS
16 

•HR 949 IH

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

2 States; or 

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

4 manufactured goods were produced in the 

5 United States that— 

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

7 this subsection applies; and 

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

9 States. 

10 ‘‘(6) CONSISTENCY WITH INTERNATIONAL

11 AGREEMENTS.— 

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

13 be applied in a manner that is consistent with 

14 United States obligations under international 

15 agreements. 

16 ‘‘(B) TREATMENT OF FOREIGN COUNTRIES

17 IN VIOLATION OF INTERNATIONAL AGREE18 MENTS.—The Secretary shall prohibit the use 

19 of steel, iron, and manufactured goods produced 

20 in a foreign country in a project funded with 

21 amounts made available to carry out this chap22 ter or any other law providing Federal public 

23 transportation assistance, including any project 

24 for which the Secretary has issued a waiver 

25 under paragraph (2), if the Secretary, in conVerDate Mar 15 2010 21:58 Mar 06, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H949.IH H949

tkelley on DSK3SPTVN1PROD with BILLS
17 

•HR 949 IH

1 sultation with the United States Trade Rep2 resentative, determines that the foreign country 

3 is in violation of the terms of an agreement 

4 with the United States by discriminating 

5 against steel, iron, or manufactured goods that 

6 are produced in the United States and covered 

7 by the agreement. 

8 ‘‘(7) OPPORTUNITY TO CORRECT INADVERTENT

9 ERROR.—The Secretary may allow a manufacturer 

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

11 correct after bid opening an incomplete Buy America 

12 certificate or an incorrect certificate of noncompli13 ance (but not a failure to sign a certificate, a sub14 mission of both a certificate of compliance and a cer15 tificate of noncompliance, or a failure to submit any 

16 certificate) under this subsection if such manufac17 turer or supplier attests under penalty of perjury 

18 that such manufacturer or supplier submitted an in19 complete or incorrect certificate as a result of an in20 advertent or clerical error. The burden of estab21 lishing inadvertent or clerical error is on the manu22 facturer or supplier.’’. 

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

25 of this Act, and at least every 5 years thereafter, the SecVerDate Mar 15 2010 21:58 Mar 06, 2013 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H949.IH H949

tkelley on DSK3SPTVN1PROD with BILLS
18 

•HR 949 IH

1 retary of Transportation shall review the general public 

2 interest waivers described in subsection (b) of Appendix 

3 A of section 661.7 of title 49, Code of Federal Regula4 tions, to determine whether continuing such waivers is in 

5 the public interest. 

6 SEC. 103. RAIL GRANT BUY AMERICA PROVISIONS. 

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

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

9 ‘‘(a) BUY AMERICA.— 

10 ‘‘(1) 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 carry out this chapter, chapter 223, chapter 

15 261, or section 20154 or 24105 may not be ob16 ligated for a project unless the steel, iron, and 

17 manufactured goods used for the project are 

18 produced in the United States. 

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

20 subsection apply to all contracts for a project 

21 carried out within the scope of the applicable 

22 finding, determination, or decision under the 

23 National Environmental Policy Act of 1969 (42 

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

25 source of such contracts, if at least one contract 


tkelley on DSK3SPTVN1PROD with BILLS
19 

•HR 949 IH

1 for the project is funded with amounts made 

2 available to carry out a provision specified in 

3 subparagraph (A). 

4 ‘‘(2) EXCEPTIONS.— 

5 ‘‘(A) ISSUANCE OF WAIVERS.—The Sec6 retary of Transportation may waive the require7 ments of paragraph (1) only if the Secretary 

8 finds that— 

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

10 inconsistent with the public interest, as de11 termined in accordance with the regula12 tions required under subparagraph (B); 

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

14 goods required for a project are not pro15 duced in the United States— 

16 ‘‘(I) in sufficient and reasonably 

17 available quantities; or 

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

19 ‘‘(iii) the use of steel, iron, and manu20 factured goods produced in the United 

21 States for a project will increase the total 

22 cost of the project by more than 25 per23 cent. 

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

25 year after the date of enactment of the Invest 


tkelley on DSK3SPTVN1PROD with BILLS
20 

•HR 949 IH

1 in American Jobs Act of 2013, the Secretary 

2 shall issue regulations establishing the criteria 

3 that the Secretary shall use to determine 

4 whether the application of paragraph (1) is in5 consistent with the public interest for purposes 

6 of subparagraph (A)(i). 

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

8 paragraph, labor costs involved in final assem9 bly shall not be included in calculating the cost 

10 of components. 

11 ‘‘(D) REQUESTS FOR WAIVERS.—A recipi12 ent of assistance under this chapter, chapter 

13 223, chapter 261, or section 20154 or 24105 

14 seeking a waiver under subparagraph (A) shall 

15 submit to the Secretary a request for the waiver 

16 in such form and containing such information 

17 as the Secretary may require. 

18 ‘‘(3) WAIVER REQUIREMENTS.— 

19 ‘‘(A) PUBLIC NOTIFICATION OF AND OP20 PORTUNITY FOR COMMENT ON REQUEST FOR A

21 WAIVER.— 

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

23 receives a request for a waiver under para24 graph (2), the Secretary shall provide no25 tice of and an opportunity for public comVerDate Mar 15 2010 21:58 Mar 06, 2013 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H949.IH H949

tkelley on DSK3SPTVN1PROD with BILLS
21 

•HR 949 IH

1 ment on the request at least 30 days be2 fore making a finding based on the re3 quest. 

4 ‘‘(ii) NOTICE REQUIREMENTS.—A no5 tice provided under clause (i) shall— 

6 ‘‘(I) include the information 

7 available to the Secretary concerning 

8 the request, including whether the re9 quest is being made under paragraph 

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

11 and 

12 ‘‘(II) be provided by electronic 

13 means, including on the official public 

14 Internet Web site of the Department 

15 of Transportation. 

16 ‘‘(B) DETAILED JUSTIFICATION IN FED17 ERAL REGISTER.—If the Secretary issues a 

18 waiver under paragraph (2), the Secretary shall 

19 publish in the Federal Register a detailed jus20 tification for the waiver that— 

21 ‘‘(i) addresses the public comments 

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

23 ‘‘(ii) is published before the waiver 

24 takes effect. 


tkelley on DSK3SPTVN1PROD with BILLS
22 

•HR 949 IH

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 such assistance; or 

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

12 complying with such 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 such per22 son intentionally— 

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

24 America’ inscription, or any inscription with the 


tkelley on DSK3SPTVN1PROD with BILLS
23 

•HR 949 IH

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

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

4 this subsection applies; and 

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

6 States; or 

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

8 manufactured goods were produced in the 

9 United States that— 

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

11 this subsection applies; and 

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

13 States. 

14 ‘‘(6) CONSISTENCY WITH INTERNATIONAL

15 AGREEMENTS.— 

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

17 be applied in a manner that is consistent with 

18 United States obligations under international 

19 agreements. 

20 ‘‘(B) TREATMENT OF FOREIGN COUNTRIES

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

23 of steel, iron, and manufactured goods produced 

24 in a foreign country in a project funded with 

25 amounts made available to carry out this chapVerDate Mar 15 2010 21:58 Mar 06, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H949.IH H949

tkelley on DSK3SPTVN1PROD with BILLS
24 

•HR 949 IH

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.—The Secretary may allow a manufacturer 

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

14 correct after bid opening an incomplete Buy America 

15 certificate or an incorrect certificate of noncompli16 ance (but not a failure to sign a certificate, a sub17 mission of both a certificate of compliance and a cer18 tificate of noncompliance, or a failure to submit any 

19 certificate) under this subsection if such manufac20 turer or supplier attests under penalty of perjury 

21 that such manufacturer or supplier submitted an in22 complete or incorrect certificate as a result of an in23 advertent or clerical error. The burden of estab24 lishing inadvertent or clerical error is on the manu25 facturer or supplier.’’. 


tkelley on DSK3SPTVN1PROD with BILLS
25 

•HR 949 IH

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

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

3 at least every 5 years thereafter, the Secretary of Trans4 portation shall review each standing nationwide waiver 

5 issued under section 24405(a) of title 49, United States 

6 Code, to determine whether continuing such waiver is nec7 essary. 

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

9 PROVISIONS. 

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

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

12 amended— 

13 (1) by striking ‘‘and’’ at the end of subpara14 graph (A); 

15 (2) by striking the period at the end of sub16 paragraph (B) and inserting ‘‘; and’’; and 

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

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

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

20 SEC. 105. AMTRAK BUY AMERICA PROVISIONS. 

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

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

23 ‘‘(f) BUY AMERICA.— 

24 ‘‘(1) DOMESTIC SOURCE REQUIREMENT FOR

25 STEEL, IRON, AND MANUFACTURED GOODS.— 


tkelley on DSK3SPTVN1PROD with BILLS
26 

•HR 949 IH

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

2 other provision of law, funds made available to 

3 Amtrak under section 101(c) of the Passenger 

4 Rail Investment and Improvement Act of 2008 

5 (122 Stat. 4908) may not be used for a capital 

6 project (as defined in subparagraphs (A) and 

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

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

9 other capital expense of Amtrak unless the 

10 steel, iron, and manufactured goods used for 

11 the project or other capital expense are pro12 duced in the United States. 

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

14 subsection apply to all contracts for a project or 

15 other capital expense carried out within the 

16 scope of the applicable finding, determination, 

17 or decision under the National Environmental 

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

19 regardless of the funding source of such con20 tracts, if at least one contract with respect to 

21 the project or other capital expense is funded 

22 with amounts made available under section 

23 101(c) of the Passenger Rail Investment and 

24 Improvement Act of 2008 (122 Stat. 4908). 


tkelley on DSK3SPTVN1PROD with BILLS
27 

•HR 949 IH

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

2 subsection, the term ‘United States’ means the 

3 States, territories, and possessions of the 

4 United States and the District of Columbia. 

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 or other cap16 ital expense are not produced in the 

17 United States— 

18 ‘‘(I) in sufficient and reasonably 

19 available quantities; or 

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

21 ‘‘(iii) the use of steel, iron, and manu22 factured goods produced in the United 

23 States for a project or other capital ex24 pense will increase the total cost of the 


tkelley on DSK3SPTVN1PROD with BILLS
28 

•HR 949 IH

1 project or expense by more than 25 per2 cent. 

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

4 year after the date of enactment of the Invest 

5 in American Jobs Act of 2013, the Secretary 

6 shall issue regulations establishing the criteria 

7 that the Secretary shall use to determine 

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

10 of subparagraph (A)(i). 

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

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

14 of components. 

15 ‘‘(D) REQUESTS FOR WAIVERS.—If Am16 trak seeks a waiver under subparagraph (A), 

17 Amtrak shall submit to the Secretary a request 

18 for the waiver in such form and containing such 

19 information 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 

25 receives a request for a waiver from AmVerDate Mar 15 2010 21:58 Mar 06, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H949.IH H949

tkelley on DSK3SPTVN1PROD with BILLS
29 

•HR 949 IH

1 trak under paragraph (2), the Secretary 

2 shall provide notice of and an opportunity 

3 for public comment on the request at least 

4 30 days before making a finding based on 

5 the request. 

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 paragraph 

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

13 and 

14 ‘‘(II) be provided by electronic 

15 means, including on the official public 

16 Internet Web site of the Department 

17 of Transportation. 

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

20 waiver under paragraph (2), the Secretary shall 

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

23 ‘‘(i) addresses the public comments 

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


tkelley on DSK3SPTVN1PROD with BILLS
30 

•HR 949 IH

1 ‘‘(ii) is published before the waiver 

2 takes effect. 

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

4 may not impose a limitation or condition on assist5 ance provided with funds described in paragraph 

6 (1)(A) that restricts— 

7 ‘‘(A) a State from imposing requirements 

8 that are more stringent than those imposed 

9 under this subsection with respect to limiting 

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

11 produced, or manufactured in foreign countries 

12 for capital projects or other capital expenses 

13 carried out with such assistance; or 

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

15 complying with such State requirements. 

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

17 procedures established under subpart 9.4 of chapter 

18 1 of title 48, Code of Federal Regulations, a person 

19 shall be ineligible to receive a contract or sub20 contract funded with funds described in paragraph 

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

22 agency, or instrumentality of the United States, or 

23 a court determines that such person intentionally— 

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

25 America’ inscription, or any inscription with the 


tkelley on DSK3SPTVN1PROD with BILLS
31 

•HR 949 IH

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

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

4 other capital expense to which this sub5 section applies; and 

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

7 States; or 

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

9 manufactured goods were produced in the 

10 United States that— 

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

12 other capital expense to which this sub13 section applies; and 

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

15 States. 

16 ‘‘(6) CONSISTENCY WITH INTERNATIONAL

17 AGREEMENTS.— 

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

19 be applied in a manner that is consistent with 

20 United States obligations under international 

21 agreements. 

22 ‘‘(B) TREATMENT OF FOREIGN COUNTRIES

23 IN VIOLATION OF INTERNATIONAL AGREE24 MENTS.—The Secretary shall prohibit the use 

25 of steel, iron, and manufactured goods produced 


tkelley on DSK3SPTVN1PROD with BILLS
32 

•HR 949 IH

1 in a foreign country in a capital project or 

2 other capital expense funded with funds de3 scribed in paragraph (1)(A), including any 

4 project or capital expense for which the Sec5 retary has issued a waiver under paragraph (2), 

6 if the Secretary, in consultation with the United 

7 States Trade Representative, determines that 

8 the foreign country is in violation of the terms 

9 of an agreement with the United States by dis10 criminating against steel, iron, or manufactured 

11 goods that are produced in the United States 

12 and covered by the agreement.’’. 

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

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

15 at least every 5 years thereafter, the Secretary of Trans16 portation shall review each standing nationwide waiver 

17 issued under section 24305(f) of title 49, United States 

18 Code, to determine whether continuing such waiver is nec19 essary. 

20 SEC. 106. AVIATION BUY AMERICA PROVISIONS. 

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

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

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


tkelley on DSK3SPTVN1PROD with BILLS
33 

•HR 949 IH

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

3 as follows: 

4 ‘‘§ 50101. Buy America 

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

6 IRON, AND MANUFACTURED GOODS.— 

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

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

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

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

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

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

14 project unless the steel, iron, and manufactured 

15 goods used for the project are produced in the 

16 United States. 

17 ‘‘(2) SPECIAL RULES FOR CERTAIN FACILITIES

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

19 procurement of a facility or equipment, funds made 

20 available to carry out the provisions specified in 

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

22 unless— 

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


tkelley on DSK3SPTVN1PROD with BILLS
34 

•HR 949 IH

1 ‘‘(i) for fiscal year 2013 is more than 

2 60 percent of the cost of all components of 

3 the facility or equipment; 

4 ‘‘(ii) for fiscal year 2014 is more than 

5 70 percent of the cost of all components of 

6 the facility or equipment; 

7 ‘‘(iii) for fiscal year 2015 is more 

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

10 ‘‘(iv) for fiscal year 2016 is more than 

11 90 percent of the cost of all components of 

12 the facility or equipment; and 

13 ‘‘(v) for fiscal year 2017, and each fis14 cal year thereafter, is 100 percent of the 

15 cost of all components of the facility or 

16 equipment; and 

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

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

20 apply to all contracts for a project carried out within 

21 the scope of the applicable finding, determination, or 

22 decision under the National Environmental Policy 

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

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

25 contract for the project is funded with amounts 


tkelley on DSK3SPTVN1PROD with BILLS
35 

•HR 949 IH

1 made available to carry out a provision specified in 

2 paragraph (1). 

3 ‘‘(b) EXCEPTIONS.— 

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

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

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

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

12 goods required for a project are not produced in 

13 the United States— 

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

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

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

19 a project will increase the total cost of the 

20 project by more than 25 percent. 

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

22 after the date of enactment of the Invest in Amer23 ican Jobs Act of 2013, the Secretary shall issue reg24 ulations establishing the criteria that the Secretary 

25 shall use to determine whether the application of 


tkelley on DSK3SPTVN1PROD with BILLS
36 

•HR 949 IH

1 subsection (a) is inconsistent with the public interest 

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

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

5 included in calculating the cost of components. 

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

8 Secretary a request for the waiver in such form and 

9 containing such information as the Secretary may 

10 require. 

11 ‘‘(5) PREFERENCE FOR AMERICAN-ASSEMBLED

12 FACILITIES AND EQUIPMENT.—In the procurement 

13 of a facility or equipment subject to a waiver issued 

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

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

18 the procurement of a facility or equipment, if the 

19 Secretary finds that a component of the facility or 

20 equipment is not produced in the United States in 

21 sufficient and reasonably available quantities or to a 

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

25 ‘‘(c) WAIVER REQUIREMENTS.— 


tkelley on DSK3SPTVN1PROD with BILLS
37 

•HR 949 IH

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

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

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

7 opportunity for public comment on the request 

8 at least 30 days before making a finding based 

9 on the request. 

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

11 provided under subparagraph (A) shall— 

12 ‘‘(i) include the information available 

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

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

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

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

18 including on the official public Internet 

19 Web site of the Department of Transpor20 tation. 

21 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

22 REGISTER.—If the Secretary issues a waiver under 

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

24 Federal Register a detailed justification for the 

25 waiver that— 


tkelley on DSK3SPTVN1PROD with BILLS
38 

•HR 949 IH

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

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

4 effect. 

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

6 not impose a limitation or condition on assistance provided 

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

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

10 are more stringent than those imposed under this 

11 section with respect to limiting the use of articles, 

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

14 with such assistance; or 

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

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

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

21 States obligations under international agreements. 

22 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

23 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

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

25 manufactured goods produced in a foreign country 


tkelley on DSK3SPTVN1PROD with BILLS
39 

•HR 949 IH

1 in a project funded with funds made available to 

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

3 including any project for which the Secretary has 

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

6 Representative, determines that the foreign country 

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

8 United States by discriminating against steel, iron, 

9 or manufactured goods that are produced in the 

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

11 (c) CLERICAL AMENDMENTS.— 

12 (1) SUBTITLE ANALYSIS.—The analysis for 

13 subtitle VII of title 49, United States Code, is 

14 amended by striking the item relating to chapter 

15 501 and inserting the following: 

‘‘501. Buy America ................................................................................... 50101’’. 

16 (2) CHAPTER ANALYSIS.—The analysis for 

17 chapter 501 of title 49, United States Code, is 

18 amended by striking the item relating to section 

19 50101 and inserting the following: 

‘‘50101. Buy America.’’. 

20 (d) PROHIBITION ON CONTRACTING UPON FAL21 SIFICATION OF LABEL.—Section 50105 of such title is 

22 amended by inserting ‘‘steel, iron, or manufactured’’ be23 fore ‘‘goods’’. 


tkelley on DSK3SPTVN1PROD with BILLS
40 

•HR 949 IH

1 (e) REVIEW OF NATIONWIDE WAIVERS.—Not later 

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

3 at least every 5 years thereafter, the Secretary of Trans4 portation shall review each standing nationwide waiver 

5 issued under section 50101 of title 49, United States 

6 Code, to determine whether continuing such waiver is nec7 essary. 

8 SEC. 107. DEPARTMENT OF TRANSPORTATION BUY AMER9 ICA ANNUAL REPORT. 

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

11 amended by adding at the end the following: 

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

13 each year beginning after the date of enactment of this 

14 subsection, the Secretary shall submit to Congress a re15 port that— 

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

17 the Secretary issued a waiver from a Buy America 

18 requirement during the preceding calendar year; 

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

20 specifications for steel, iron, or manufactured goods 

21 acquired pursuant to each waiver from a Buy Amer22 ica requirement issued by the Secretary during the 

23 preceding calendar year; 

24 ‘‘(3) summarizes the monetary value of con25 tracts awarded pursuant to each such waiver; 


tkelley on DSK3SPTVN1PROD with BILLS
41 

•HR 949 IH

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

2 waiver, including the specific law, treaty, or inter3 national agreement under which the waiver was 

4 granted; 

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

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

7 produced in the United States for projects with 

8 respect to which a Buy America requirement, 

9 under which the Secretary has waiver authority, 

10 applied during the preceding calendar year; and 

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

12 produced outside the United States for projects 

13 with respect to which the Secretary issued a 

14 waiver from a Buy America requirement during 

15 the preceding calendar year; and 

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

17 the cumulative effect of all waivers from a Buy 

18 America requirement issued by the Secretary during 

19 the preceding calendar year on manufacturing em20 ployment in the United States.’’. 


tkelley on DSK3SPTVN1PROD with BILLS
42 

•HR 949 IH

1 TITLE II—OTHER 

2 INFRASTRUCTURE INVESTMENT 

3 SEC. 201. WASTEWATER TREATMENT BUY AMERICA PROVI4 SIONS. 

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

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

7 by adding at the end the following: 

8 ‘‘SEC. 608. BUY AMERICA. 

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

10 IRON, AND MANUFACTURED GOODS.— 

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

12 provision of law, funds made available from a State 

13 water pollution control revolving fund established 

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

15 for a project for the construction of treatment works 

16 unless the steel, iron, and manufactured goods used 

17 for the project are produced in the United States. 

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

19 apply to all contracts for the construction of treat20 ment works carried out within the scope of the ap21 plicable finding, determination, or decision under 

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

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

24 construction is funded with amounts made available 

25 to carry out this title. 


tkelley on DSK3SPTVN1PROD with BILLS
43 

•HR 949 IH

1 ‘‘(b) EXCEPTIONS.— 

2 ‘‘(1) ISSUANCE OF WAIVERS.—The Adminis3 trator may waive the requirements of subsection (a) 

4 only if the Administrator finds that— 

5 ‘‘(A) applying subsection (a) would be in6 consistent with the public interest, as deter7 mined in accordance with the regulations re8 quired under paragraph (2); 

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

10 goods required for a project are not produced in 

11 the United States— 

12 ‘‘(i) in sufficient and reasonably avail13 able quantities; or 

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

15 ‘‘(C) the use of steel, iron, and manufac16 tured goods produced in the United States for 

17 a project will increase the total cost of the 

18 project by more than 25 percent. 

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

20 after the date of enactment of this section, the Ad21 ministrator shall issue regulations establishing the 

22 criteria that the Administrator shall use to deter23 mine whether the application of subsection (a) is in24 consistent with the public interest for purposes of 

25 paragraph (1)(A). 


tkelley on DSK3SPTVN1PROD with BILLS
44 

•HR 949 IH

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

2 assistance under this title seeking a waiver under 

3 paragraph (1) shall submit to the Administrator a 

4 request for the waiver in such form and containing 

5 such information as the Administrator may require. 

6 ‘‘(c) WAIVER REQUIREMENTS.— 

7 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR8 TUNITY FOR COMMENT ON REQUEST FOR A WAIV9 ER.— 

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

11 receives a request for a waiver under subsection 

12 (b), the Administrator shall provide notice of 

13 and an opportunity for public comment on the 

14 request at least 30 days before making a find15 ing based on the request. 

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

17 provided under subparagraph (A) shall— 

18 ‘‘(i) include the information available 

19 to the Administrator concerning the re20 quest, including whether the request is 

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

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

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

24 including on the official public Internet 


tkelley on DSK3SPTVN1PROD with BILLS
45 

•HR 949 IH

1 Web site of the Environmental Protection 

2 Agency. 

3 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

4 REGISTER.—If the Administrator issues a waiver 

5 under subsection (b), the Administrator shall publish 

6 in the Federal Register a detailed justification for 

7 the waiver that— 

8 ‘‘(A) addresses the public comments re9 ceived under paragraph (1)(A); and 

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

11 effect. 

12 ‘‘(3) ANNUAL REPORT.—Not later than Feb13 ruary 1 of each year beginning after the date of en14 actment of this section, the Administrator shall sub15 mit to the Committee on Transportation and Infra16 structure of the House of Representatives and the 

17 Committee on Environment and Public Works of the 

18 Senate a report that— 

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

20 which the Administrator issued a waiver under 

21 subsection (b) during the preceding calendar 

22 year; 

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

24 product specifications for steel, iron, or manu25 factured goods acquired pursuant to each waivVerDate Mar 15 2010 21:58 Mar 06, 2013 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H949.IH H949

tkelley on DSK3SPTVN1PROD with BILLS
46 

•HR 949 IH

1 er under subsection (b) issued by the Adminis2 trator during the preceding calendar year; 

3 ‘‘(C) summarizes the monetary value of 

4 contracts awarded pursuant to each such waiv5 er; 

6 ‘‘(D) provides the justification for each 

7 such waiver, including the specific law, treaty, 

8 or international agreement under which the 

9 waiver was granted; 

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

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

12 goods produced in the United States for 

13 projects with respect to which the Buy 

14 America requirement under this section 

15 applied during the preceding calendar year; 

16 and 

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

18 goods produced outside the United States 

19 for projects with respect to which the Ad20 ministrator issued a waiver under sub21 section (b) during the preceding calendar 

22 year; and 

23 ‘‘(F) provides an employment impact anal24 ysis of the cumulative effect of all waivers 

25 under subsection (b) issued by the AdminisVerDate Mar 15 2010 21:58 Mar 06, 2013 Jkt 029200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H949.IH H949

tkelley on DSK3SPTVN1PROD with BILLS
47 

•HR 949 IH

1 trator during the preceding calendar year on 

2 manufacturing employment in the United 

3 States. 

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

5 may not impose a limitation or condition on assistance 

6 provided under this title that restricts— 

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

8 are more stringent than those imposed under this 

9 section with respect to limiting the use of articles, 

10 materials, or supplies mined, produced, or manufac11 tured in foreign countries for projects carried out 

12 with such assistance; or 

13 ‘‘(2) any recipient of such assistance from com14 plying with such State requirements. 

15 ‘‘(e) INTENTIONAL VIOLATIONS.—Pursuant to proce16 dures established under subpart 9.4 of chapter 1 of title 

17 48, Code of Federal Regulations, a person shall be ineli18 gible to receive a contract or subcontract funded with 

19 amounts made available from a State water pollution con20 trol revolving fund established under this title if the Ad21 ministrator, the head of any department, agency, or in22 strumentality of the United States, or a court determines 

23 that such person intentionally— 

24 ‘‘(1) affixed a label bearing a ‘Made in Amer25 ica’ inscription, or any inscription with the same 


tkelley on DSK3SPTVN1PROD with BILLS
48 

•HR 949 IH

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

2 that— 

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

4 section applies; and 

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

6 States; or 

7 ‘‘(2) represented that any steel, iron, or manu8 factured goods were produced in the United States 

9 that— 

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

11 section applies; and 

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

13 States. 

14 ‘‘(f) CONSISTENCY WITH INTERNATIONAL AGREE15 MENTS.— 

16 ‘‘(1) IN GENERAL.—This section shall be ap17 plied in a manner that is consistent with United 

18 States obligations under international agreements. 

19 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

20 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

21 Administrator shall prohibit the use of steel, iron, 

22 and manufactured goods produced in a foreign coun23 try in a project funded with amounts made available 

24 from a State water pollution control revolving fund 

25 established under this title, including any project for 


tkelley on DSK3SPTVN1PROD with BILLS
49 

•HR 949 IH

1 which the Administrator has issued a waiver under 

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

3 with the United States Trade Representative, deter4 mines that the foreign country is in violation of the 

5 terms of an agreement with the United States by 

6 discriminating against steel, iron, or manufactured 

7 goods that are produced in the United States and 

8 covered by the agreement.’’. 

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

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

11 at least every 5 years thereafter, the Administrator of the 

12 Environmental Protection Agency shall review each stand13 ing nationwide waiver issued under section 608 of the 

14 Federal Water Pollution Control Act (as added by this sec15 tion) to determine whether continuing such waiver is nec16 essary. 

17 SEC. 202. ECONOMIC DEVELOPMENT BUY AMERICA PROVI18 SIONS. 

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

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

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

22 ‘‘SEC. 613. BUY AMERICA. 

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

24 IRON, AND MANUFACTURED GOODS.— 


tkelley on DSK3SPTVN1PROD with BILLS
50 

•HR 949 IH

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

2 provision of law, funds made available to carry out 

3 section 201 or 209 may not be obligated for a 

4 project unless the steel, iron, and manufactured 

5 goods used for the project are produced in the 

6 United States. 

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

8 apply to all contracts for a project carried out within 

9 the scope of the applicable finding, determination, or 

10 decision under the National Environmental Policy 

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

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

13 contract for the project is funded with amounts 

14 made available to carry out section 201 or 209. 

15 ‘‘(b) EXCEPTIONS.— 

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

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

18 the Secretary finds that— 

19 ‘‘(A) applying subsection (a) would be in20 consistent with the public interest, as deter21 mined in accordance with the regulations re22 quired under paragraph (2); 

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

24 goods required for a project are not produced in 

25 the United States— 


tkelley on DSK3SPTVN1PROD with BILLS
51 

•HR 949 IH

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 will 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 Sec10 retary shall issue regulations establishing the criteria 

11 that the Secretary shall use to determine whether 

12 the application of subsection (a) is inconsistent with 

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

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

15 assistance under section 201 or 209 seeking a waiv16 er under paragraph (1) shall submit to the Secretary 

17 a request for the waiver in such form and containing 

18 such information as the Secretary may require. 

19 ‘‘(c) WAIVER REQUIREMENTS.— 

20 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR21 TUNITY FOR COMMENT ON REQUEST FOR A WAIV22 ER.— 

23 ‘‘(A) IN GENERAL.—If the Secretary re24 ceives a request for a waiver under subsection 

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


tkelley on DSK3SPTVN1PROD with BILLS
52 

•HR 949 IH

1 opportunity for public comment on the request 

2 at least 30 days before making a finding based 

3 on the request. 

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

5 provided under subparagraph (A) shall— 

6 ‘‘(i) include the information available 

7 to the Secretary concerning the request, in8 cluding whether the request is being made 

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

10 (b)(1)(C); and 

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

12 including on the official public Internet 

13 Web site of the Department. 

14 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

15 REGISTER.—If the Secretary issues a waiver under 

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

17 Federal Register a detailed justification for the 

18 waiver that— 

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

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

22 effect. 

23 ‘‘(3) ANNUAL REPORT.—Not later than Feb24 ruary 1 of each year beginning after the date of en25 actment of this section, the Secretary shall submit to 


tkelley on DSK3SPTVN1PROD with BILLS
53 

•HR 949 IH

1 the Committee on Transportation and Infrastructure 

2 of the House of Representatives and the Committee 

3 on Environment and Public Works of the Senate a 

4 report that— 

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

6 which the Secretary issued a waiver under sub7 section (b) during the preceding calendar year; 

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

9 product specifications for steel, iron, or manu10 factured goods acquired pursuant to each waiv11 er under subsection (b) issued by the Secretary 

12 during the preceding calendar year; 

13 ‘‘(C) summarizes the monetary value of 

14 contracts awarded pursuant to each such waiv15 er; 

16 ‘‘(D) provides the justification for each 

17 such waiver, including the specific law, treaty, 

18 or international agreement under which the 

19 waiver was granted; 

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

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

22 goods produced in the United States for 

23 projects with respect to which the Buy 

24 America requirement under this section 


tkelley on DSK3SPTVN1PROD with BILLS
54 

•HR 949 IH

1 applied during the preceding calendar year; 

2 and 

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

4 goods produced outside the United States 

5 for projects with respect to which the Sec6 retary issued a waiver under subsection (b) 

7 during the preceding calendar year; and 

8 ‘‘(F) provides an employment impact anal9 ysis of the cumulative effect of all waivers 

10 under subsection (b) issued by the Secretary 

11 during the preceding calendar year on manufac12 turing employment in the United States. 

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

14 not impose a limitation or condition on assistance provided 

15 under section 201 or 209 that restricts— 

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

17 are more stringent than those imposed under this 

18 section with respect to limiting the use of articles, 

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

21 with such assistance; or 

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

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


tkelley on DSK3SPTVN1PROD with BILLS
55 

•HR 949 IH

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

3 amounts made available to carry out section 201 or 209 

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

5 instrumentality of the United States, or a court deter6 mines that such person intentionally— 

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

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

10 that— 

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

12 section applies; and 

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

14 States; or 

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

17 that— 

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

19 section applies; and 

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

21 States. 

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


tkelley on DSK3SPTVN1PROD with BILLS
56 

•HR 949 IH

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

3 States obligations under international agreements. 

4 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

5 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

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

7 manufactured goods produced in a foreign country 

8 in a project funded with amounts made available to 

9 carry out section 201 or 209, including any project 

10 for which the Secretary has issued a waiver under 

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

12 the United States Trade Representative, determines 

13 that the foreign country is in violation of the terms 

14 of an agreement with the United States by discrimi15 nating against steel, iron, or manufactured goods 

16 that are produced in the United States and covered 

17 by the agreement.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 in section 1(b) of the Public Works and Economic Devel20 opment Act of 1965 is amended by inserting after the item 

21 relating to section 612 the following: 

‘‘613. Buy America.’’. 

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

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

24 at least every 5 years thereafter, the Secretary of Com25 merce shall review each standing nationwide waiver issued 


tkelley on DSK3SPTVN1PROD with BILLS
57 

•HR 949 IH

1 under section 613 of the Public Works and Economic De2 velopment Act of 1965 (as added by this section) to deter3 mine whether continuing such waiver is necessary. 

4 SEC. 203. FEMA MITIGATION GRANT BUY AMERICA PROVI5 SIONS. 

6 (a) IN GENERAL.—Title VII of the Robert T. Staf7 ford Disaster Relief and Emergency Assistance Act (42 

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

9 the following: 

10 ‘‘SEC. 707. BUY AMERICA. 

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

12 IRON, AND MANUFACTURED GOODS.— 

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

14 provision of law, funds made available to carry out 

15 section 203, 404, 406, 417, or 614 may not be obli16 gated for a project unless the steel, iron, and manu17 factured goods used for the project are produced in 

18 the United States. 

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

20 apply to all contracts for a project carried out within 

21 the scope of the applicable finding, determination, or 

22 decision under the National Environmental Policy 

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

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

25 contract for the project is funded with amounts 


tkelley on DSK3SPTVN1PROD with BILLS
58 

•HR 949 IH

1 made available to carry out a section specified in 

2 paragraph (1). 

3 ‘‘(b) EXCEPTIONS.— 

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

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

6 the President finds that— 

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

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

12 goods required for a project are not produced in 

13 the United States— 

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

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

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

19 a project will increase the total cost of the 

20 project by more than 25 percent. 

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

22 after the date of enactment of this section, the 

23 President shall issue regulations establishing the cri24 teria that the President shall use to determine 

25 whether the application of subsection (a) is inconVerDate Mar 15 2010 21:58 Mar 06, 2013 Jkt 029200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H949.IH H949

tkelley on DSK3SPTVN1PROD with BILLS
59 

•HR 949 IH

1 sistent with the public interest for purposes of para2 graph (1)(A). 

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

4 assistance under a section specified in subsection 

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

6 submit to the President a request for the waiver in 

7 such form and containing such information as the 

8 President may require. 

9 ‘‘(c) WAIVER REQUIREMENTS.— 

10 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR11 TUNITY FOR COMMENT ON REQUEST FOR A WAIV12 ER.— 

13 ‘‘(A) IN GENERAL.—If the President re14 ceives a request for a waiver under subsection 

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

16 opportunity for public comment on the request 

17 at least 30 days before making a finding based 

18 on the request. 

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

20 provided under subparagraph (A) shall— 

21 ‘‘(i) include the information available 

22 to the President concerning the request, 

23 including whether the request is being 

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

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


tkelley on DSK3SPTVN1PROD with BILLS
60 

•HR 949 IH

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

2 including on the official public Internet 

3 Web site of the President. 

4 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

5 REGISTER.—If the President issues a waiver under 

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

7 Federal Register a detailed justification for the 

8 waiver that— 

9 ‘‘(A) addresses the public comments re10 ceived under paragraph (1)(A); and 

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

12 effect. 

13 ‘‘(3) ANNUAL REPORT.—Not later than Feb14 ruary 1 of each year beginning after the date of en15 actment of this section, the President, acting 

16 through the Administrator of the Federal Emer17 gency Management Agency, shall submit to the 

18 Committee on Transportation and Infrastructure of 

19 the House of Representatives and the Committee on 

20 Homeland Security and Governmental Affairs of the 

21 Senate a report that— 

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

23 which the President issued a waiver under sub24 section (b) during the preceding calendar year; 


tkelley on DSK3SPTVN1PROD with BILLS
61 

•HR 949 IH

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

2 product specifications for steel, iron, or manu3 factured goods acquired pursuant to each waiv4 er under subsection (b) issued by the President 

5 during the preceding calendar year; 

6 ‘‘(C) summarizes the monetary value of 

7 contracts awarded pursuant to each such waiv8 er; 

9 ‘‘(D) provides the justification for each 

10 such waiver, including the specific law, treaty, 

11 or international agreement under which the 

12 waiver was granted; 

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

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

15 goods produced in the United States for 

16 projects with respect to which the Buy 

17 America requirement under this section 

18 applied during the preceding calendar year; 

19 and 

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

21 goods produced outside the United States 

22 for projects with respect to which the 

23 President issued a waiver under subsection 

24 (b) during the preceding calendar year; 

25 and 


tkelley on DSK3SPTVN1PROD with BILLS
62 

•HR 949 IH

1 ‘‘(F) provides an employment impact anal2 ysis of the cumulative effect of all waivers 

3 under subsection (b) issued by the President 

4 during the preceding calendar year on manufac5 turing employment in the United States. 

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

7 not impose a limitation or condition on assistance provided 

8 under a section specified in subsection (a)(1) that re9 stricts— 

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

11 are more stringent than those imposed under this 

12 section with respect to limiting the use of articles, 

13 materials, or supplies mined, produced, or manufac14 tured in foreign countries for projects carried out 

15 with such assistance; or 

16 ‘‘(2) any recipient of such assistance from com17 plying with such State requirements. 

18 ‘‘(e) INTENTIONAL VIOLATIONS.—Pursuant to proce19 dures established under subpart 9.4 of chapter 1 of title 

20 48, Code of Federal Regulations, a person shall be ineli21 gible to receive a contract or subcontract funded with 

22 amounts made available to carry out a section specified 

23 in subsection (a)(1) if the President, the head of any de24 partment, agency, or instrumentality of the United States, 

25 or a court determines that such person intentionally— 


tkelley on DSK3SPTVN1PROD with BILLS
63 

•HR 949 IH

1 ‘‘(1) affixed a label bearing a ‘Made in Amer2 ica’ inscription, or any inscription with the same 

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

4 that— 

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

6 section applies; and 

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

8 States; or 

9 ‘‘(2) represented that any steel, iron, or manu10 factured goods were produced in the United States 

11 that— 

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

13 section applies; and 

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

15 States. 

16 ‘‘(f) CONSISTENCY WITH INTERNATIONAL AGREE17 MENTS.— 

18 ‘‘(1) IN GENERAL.—This section shall be ap19 plied in a manner that is consistent with United 

20 States obligations under international agreements. 

21 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

22 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

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

24 manufactured goods produced in a foreign country 

25 in a project funded with amounts made available to 


tkelley on DSK3SPTVN1PROD with BILLS
64 

•HR 949 IH

1 carry out a section specified in subsection (a)(1), in2 cluding any project for which the President has 

3 issued a waiver under subsection (b), if the Presi4 dent, in consultation with the United States Trade 

5 Representative, determines that the foreign country 

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

7 United States by discriminating against steel, iron, 

8 or manufactured goods that are produced in the 

9 United States and covered by the agreement. 

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

11 other provision of this section, the President may waive 

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

13 an emergency.’’. 

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

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

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

17 each standing nationwide waiver issued under section 707 

18 of the Robert T. Stafford Disaster Relief and Emergency 

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

20 whether continuing such waiver is necessary. 

21 (c) REPEAL OF BUY AMERICA REQUIREMENTS.— 

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

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


tkelley on DSK3SPTVN1PROD with BILLS
65 

•HR 949 IH

1 SEC. 204. BRIDGES OVER NAVIGABLE WATERS BUY AMER2 ICA PROVISIONS. 

3 (a) IN GENERAL.—The Act of June 21, 1940 (33 

4 U.S.C. 511 et seq.; popularly known as the Truman5 Hobbs Act) is amended by adding at the end the following: 

6 ‘‘BUY AMERICA

7 ‘‘SEC. 14. (a) DOMESTIC SOURCE REQUIREMENT

8 FOR STEEL, IRON, AND MANUFACTURED GOODS.— 

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

10 provision of law, funds made available to carry out 

11 this Act may not be used, in whole or in part, for 

12 a project for the alteration of a bridge unless the 

13 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 

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

21 contract for the project is funded with amounts 

22 made available to carry out this Act. 

23 ‘‘(b) EXCEPTIONS.— 

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

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

26 the Secretary finds that— 


tkelley on DSK3SPTVN1PROD with BILLS
66 

•HR 949 IH

1 ‘‘(A) applying subsection (a) would be in2 consistent with the public interest, as deter3 mined in accordance with the regulations re4 quired under paragraph (2); 

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

6 goods required for a project are not produced in 

7 the United States— 

8 ‘‘(i) in sufficient and reasonably avail9 able quantities; or 

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

11 ‘‘(C) the use of steel, iron, and manufac12 tured goods produced in the United States for 

13 a project will increase the total cost of the 

14 project by more than 25 percent. 

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

16 after the date of enactment of this section, the Sec17 retary shall issue regulations establishing the criteria 

18 that the Secretary shall use to determine whether 

19 the application of subsection (a) is inconsistent with 

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

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

22 assistance under this Act seeking a waiver under 

23 paragraph (1) shall submit to the Secretary a re24 quest for the waiver in such form and containing 

25 such information as the Secretary may require. 


tkelley on DSK3SPTVN1PROD with BILLS
67 

•HR 949 IH

1 ‘‘(c) WAIVER REQUIREMENTS.— 

2 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR3 TUNITY FOR COMMENT ON REQUEST FOR A WAIV4 ER.— 

5 ‘‘(A) IN GENERAL.—If the Secretary re6 ceives a request for a waiver under subsection 

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

8 opportunity for public comment on the request 

9 at least 30 days before making a finding based 

10 on the request. 

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

12 provided under subparagraph (A) shall— 

13 ‘‘(i) include the information available 

14 to the Secretary concerning the request, in15 cluding whether the request is being made 

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

17 (b)(1)(C); and 

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

19 including on the official public Internet 

20 Web site of the department in which the 

21 Coast Guard is operating. 

22 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

23 REGISTER.—If the Secretary issues a waiver under 

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


tkelley on DSK3SPTVN1PROD with BILLS
68 

•HR 949 IH

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 ‘‘(3) ANNUAL REPORT.—Not later than Feb8 ruary 1 of each year beginning after the date of en9 actment of this section, the Secretary shall submit to 

10 the Committee on Transportation and Infrastructure 

11 of the House of Representatives and the Committee 

12 on Commerce, Science, and Transportation of the 

13 Senate a report that— 

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

15 which the Secretary issued a waiver under sub16 section (b) during the preceding calendar year; 

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

18 product specifications for steel, iron, or manu19 factured goods acquired pursuant to each waiv20 er under subsection (b) issued by the Secretary 

21 during the preceding calendar year; 

22 ‘‘(C) summarizes the monetary value of 

23 contracts awarded pursuant to each such waiv24 er; 


tkelley on DSK3SPTVN1PROD with BILLS
69 

•HR 949 IH

1 ‘‘(D) provides the justification for each 

2 such waiver, including the specific law, treaty, 

3 or international agreement under which the 

4 waiver was granted; 

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

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

7 goods produced in the United States for 

8 projects with respect to which the Buy 

9 America requirement under this section 

10 applied during the preceding calendar year; 

11 and 

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

13 goods produced outside the United States 

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

16 during the preceding calendar year; and 

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

19 under subsection (b) issued by the Secretary 

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

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

23 not impose a limitation or condition on assistance provided 

24 under this Act that restricts— 


tkelley on DSK3SPTVN1PROD with BILLS
70 

•HR 949 IH

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

2 are more stringent than those imposed under this 

3 section with respect to limiting the use of articles, 

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

6 with such assistance; or 

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

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

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

13 amounts made available under this Act if the Secretary, 

14 the head of any department, agency, or instrumentality 

15 of the United States, or a court determines that such per16 son intentionally— 

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

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

20 that— 

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

22 section applies; and 

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

24 States; or 


tkelley on DSK3SPTVN1PROD with BILLS
71 

•HR 949 IH

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

3 that— 

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

5 section applies; and 

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

7 States. 

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

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

12 States obligations under international agreements. 

13 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

14 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

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

16 manufactured goods produced in a foreign country 

17 in a project funded with amounts made available 

18 under this Act, including any project for which the 

19 Secretary has issued a waiver under subsection (b), 

20 if the Secretary, in consultation with the United 

21 States Trade Representative, determines that the 

22 foreign country is in violation of the terms of an 

23 agreement with the United States by discriminating 

24 against steel, iron, or manufactured goods that are 


tkelley on DSK3SPTVN1PROD with BILLS
72 

•HR 949 IH

1 produced in the United States and covered by the 

2 agreement. 

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

4 other provision of this section, the Secretary may waive 

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

6 an emergency.’’. 

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 of the de10 partment in which the Coast Guard is operating shall re11 view each standing nationwide waiver issued under section 

12 14 of the Act of June 21, 1940 (as added by this section) 

13 to determine whether continuing such waiver is necessary. 

14 SEC. 205. REGISTRY ENDORSEMENT REQUIREMENT IN THE 

15 EXCLUSIVE ECONOMIC ZONE. 

16 (a) REGISTRY ENDORSEMENT REQUIRED.— 

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

18 United States Code, is amended by adding at the 

19 end the following: 

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

21 for activities requiring an endorsement under section 

22 12112 or 12113, only a vessel for which a certificate of 

23 documentation with a registry endorsement is issued and 

24 that is owned by a citizen of the United States (as deter25 mined under section 50501(d)) may engage in support of 


tkelley on DSK3SPTVN1PROD with BILLS
73 

•HR 949 IH

1 exploration, development, or production of resources in, 

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

3 other activity in the exclusive economic zone to the extent 

4 that the regulation of such activity is not prohibited under 

5 customary international law.’’. 

6 (2) APPLICATION.—The amendment made by 

7 paragraph (1) applies only with respect to explo8 ration, development, production, and support activi9 ties that commence on or after July 1, 2013. 

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

11 United States Code, is amended— 

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

13 and 

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

15 and the exclusive economic zone to the extent that 

16 the regulation of such operation is not prohibited 

17 under customary international law’’. 

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

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

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

21 Guard is operating shall establish a program to provide 

22 Coast Guard personnel with the training necessary for the 

23 implementation of the amendments made by this section. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS