I 

111TH CONGRESS 

1ST SESSION H. R. 595 

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 

JANUARY 15, 2009 

Mr. VISCLOSKY (for himself, Ms. SUTTON, Ms. KILPATRICK of Michigan, Ms. 

KAPTUR, Mr. WILSON of Ohio, Mr. TIM MURPHY of Pennsylvania, Mr. 

MURTHA, Mr. DOYLE, Mr. HOLDEN, Mr. COSTELLO, Mr. LIPINSKI, Mr. 

STUPAK, Mr. GENE GREEN of Texas, Mr. ALTMIRE, Mr. CARNEY, Mr. 

GERLACH, Mr. MICHAUD, Ms. DAHLKEMPER, Mr. HARE, Mr. KAGEN, 

Mr. SPACE, Mrs. CAPITO, Mr. PETERS, Mr. MCGOVERN, Mr. MASSA, Mr. 

MANZULLO, Mr. BRADY of Pennsylvania, Mr. WILSON of South Carolina, 

and Mr. UPTON) 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, 


wwoods2 on PRODPC68 with BILLS
2 

•HR 595 IH

1 SECTION 1. SHORT TITLE. 

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

3 Act of 2009’’. 

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

5 UNITED STATES IN THE CONSTRUCTION OF 

6 PUBLIC WORKS. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, the head of a covered Federal agency shall 

9 not obligate or expend funds appropriated to the agency, 

10 or provide financial assistance using funds appropriated 

11 to the agency, for a project for the construction, alter12 ation, maintenance, or repair of a public building or public 

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

14 is produced in the United States. 

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

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

17 in which the head of the agency finds— 

18 (1) that their application would be inconsistent 

19 with the public interest; 

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

21 United States in sufficient and reasonably available 

22 quantities and of a satisfactory quality; or 

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

24 the United States will increase the cost of the overall 

25 project contract by more than 25 percent. 

26 (c) WRITTEN JUSTIFICATION FOR WAIVER.— 


wwoods2 on PRODPC68 with BILLS
3 

•HR 595 IH

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

2 covered Federal agency determines that it is nec3 essary to waive the application of subsection (a) 

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

5 the agency shall, before the waiver becomes effec6 tive— 

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 year 

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

14 thereafter, the head of a covered Federal agency 

15 shall submit to Congress a report on— 

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

17 agency under subsection (b) in the preceding 

18 year, including justifications for the waivers; 

19 and 

20 (B) any obligation or expenditure of funds 

21 by the head of the agency in the preceding year 

22 that did not conform to the requirements of this 

23 section due to limitations imposed by a treaty, 

24 agreement, or other provision of law. 


wwoods2 on PRODPC68 with BILLS
4 

•HR 595 IH

1 (d) RELATIONSHIP TO STATE REQUIREMENTS.—The 

2 head of a covered Federal agency shall not impose any 

3 limitation or condition on financial assistance provided 

4 using funds appropriated to the agency that restricts any 

5 State from imposing more stringent requirements than 

6 this section on the use of iron and steel in foreign coun7 tries in projects carried out with such assistance or re8 stricts any recipient of such assistance from complying 

9 with such State imposed requirements. 

10 (e) INTENTIONAL VIOLATIONS.—If it has been deter11 mined by a court or Federal agency that any person inten12 tionally— 

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

15 meaning, to any product used in projects to which 

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

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

18 (2) represented that any product used in 

19 projects to which this section applies, sold in or 

20 shipped to the United States that was not produced 

21 in the United States, was produced in the United 

22 States; 

23 that person shall be ineligible, for a period of 6 years be24 ginning on the date of the determination, to receive any 

25 contract or subcontract made with funds authorized to be 


wwoods2 on PRODPC68 with BILLS
5 

•HR 595 IH

1 appropriated to the agency pursuant to the debarment, 

2 suspension, and ineligibility procedures in subpart 9.4 of 

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

4 (f) LIMITATION ON APPLICABILITY OF WAIVERS TO

5 PRODUCTS PRODUCED IN CERTAIN FOREIGN COUN6 TRIES.—If the head of a covered Federal agency, in con7 sultation with the United States Trade Representative, de8 termines that— 

9 (1) a foreign country is a party to an agree10 ment with the United States and pursuant to that 

11 agreement the head of an agency of the United 

12 States has waived the requirements of this section; 

13 and 

14 (2) the foreign country has violated the terms 

15 of the agreement by discriminating against products 

16 covered by this section that are produced in the 

17 United States and are covered by the agreement, 

18 the provisions of subsection (b) shall not apply with re19 spect to the head of the covered Federal agency in connec20 tion with products produced in that foreign country. 

21 (g) RELATIONSHIP TO TRANSPORTATION PROVI22 SIONS.—Notwithstanding any provision of this section, the 

23 requirements contained in section 313 of title 23, United 

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


wwoods2 on PRODPC68 with BILLS
6 

•HR 595 IH

1 United States Code, as amended by this Act, shall con2 tinue to apply. 

3 (h) APPLICATION OF REQUIREMENTS TO ENTIRE

4 PROJECT.—The requirement of subsection (a) and the ex5 ceptions specified in subsection (b) apply to the total of 

6 obligations and expenditures for an entire project and not 

7 only to obligations and expenditures for component parts 

8 of such project. 

9 (i) DEFINITIONS.—In this section, the following defi10 nitions apply: 

11 (1) COVERED FEDERAL AGENCY.—The term 

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

13 Homeland Security, the Department of Defense, and 

14 the Department of Transportation. 

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

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

17 meanings given such terms in section 1 of the Buy 

18 American Act (41 U.S.C. 10c) and include airports, 

19 bridges, canals, dams, dikes, pipelines, railroads, 

20 multiline mass transit systems, roads, tunnels, har21 bors, and piers. 

22 SEC. 3. BUY AMERICA REQUIREMENTS IN TRANSPOR23 TATION LAWS. 

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

25 States Code, is amended— 


wwoods2 on PRODPC68 with BILLS
7 

•HR 595 IH

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

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

3 (2) by inserting after subsection (b) the fol4 lowing: 

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

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

7 determines that it is necessary to waive the applica8 tion of subsection (a) based on a finding under sub9 section (b), the Secretary shall, before the waiver be10 comes effective— 

11 ‘‘(A) publish in the Federal Register a de12 tailed written justification as to why the waiver 

13 is needed; and 

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

15 period of time for notice and comment. 

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

17 year after the date of enactment of this paragraph, 

18 and annually thereafter, the Secretary shall submit 

19 to the Committee on Transportation and Infrastruc20 ture of the House of Representatives and the Com21 mittee on Environment and Public Works of the 

22 Senate a report on— 

23 ‘‘(A) any waivers granted under subsection 

24 (b) in the preceding year, including justifica25 tions for the waivers; and 


wwoods2 on PRODPC68 with BILLS
8 

•HR 595 IH

1 ‘‘(B) any obligation of funds by the Sec2 retary in the preceding year that did not con3 form to the requirements of this section due to 

4 limitations imposed by a treaty, agreement, or 

5 other provision of law.’’; and 

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

7 ‘‘(h) APPLICATION OF REQUIREMENTS TO ENTIRE

8 PROJECT.—The requirement of subsection (a) and the ex9 ceptions specified in subsection (b) apply to the total of 

10 obligations for an entire project and not only to obligations 

11 for component parts of such project.’’. 

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

13 title 49, United States Code, is amended— 

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

15 following: 

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

17 ‘‘(A) NOTICE AND COMMENT.—If the Sec18 retary determines that it is necessary to waive 

19 the application of paragraph (1) based on a 

20 finding under paragraph (2), the Secretary 

21 shall, before the waiver becomes effective— 

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

23 detailed written justification as to why the 

24 waiver is needed; and 


wwoods2 on PRODPC68 with BILLS
9 

•HR 595 IH

1 ‘‘(ii) provide the public with a reason2 able period of time for notice and com3 ment. 

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

5 one year after the date of enactment of this 

6 subparagraph, and annually thereafter, the Sec7 retary shall submit to the Committee on Trans8 portation and Infrastructure of the House of 

9 Representatives and the Committee on Bank10 ing, Housing, and Urban Affairs of the Senate 

11 a report on— 

12 ‘‘(i) any waivers granted under para13 graph (2) in the preceding year, including 

14 justifications for the waivers; and 

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

16 Secretary in the preceding year that did 

17 not conform to the requirements of this 

18 subsection due to limitations imposed by a 

19 treaty, agreement, or other provision of 

20 law.’’; and 

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

22 ‘‘(10) APPLICATION OF REQUIREMENTS TO EN23 TIRE PROJECT.—The requirement of paragraph (1) 

24 and the exceptions specified in paragraph (2) apply 

25 to the total of obligations for an entire project and 


wwoods2 on PRODPC68 with BILLS
10 

•HR 595 IH

1 not only to obligations for component parts of such 

2 project.’’. 

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

4 States Code, is amended— 

5 (1) by redesignating subsection (c) as sub6 section (d); 

7 (2) by inserting after subsection (b) the fol8 lowing: 

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

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

11 determines that it is necessary to waive the applica12 tion of subsection (a) based on a finding under sub13 section (b), the Secretary shall, before the waiver be14 comes effective— 

15 ‘‘(A) publish in the Federal Register a de16 tailed written justification as to why the waiver 

17 is needed; and 

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

19 period of time for notice and comment. 

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

21 year after the date of enactment of this paragraph, 

22 and annually thereafter, the Secretary shall submit 

23 to the Committee and Transportation and Infra24 structure of the House of Representatives and the 


wwoods2 on PRODPC68 with BILLS
11 

•HR 595 IH

1 Committee on Commerce, Science, and Transpor2 tation of the Senate a report on— 

3 ‘‘(A) any waivers granted under subsection 

4 (b) in the preceding year, including justifica5 tions for the waivers; and 

6 ‘‘(B) any obligation of funds by the Sec7 retary in the preceding year that did not con8 form to the requirements of this section due to 

9 limitations imposed by a treaty, agreement, or 

10 other provision of law.’’; and 

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

12 ‘‘(d) APPLICATION OF REQUIREMENTS TO ENTIRE

13 PROJECT.—The requirement of subsection (a) and the ex14 ceptions specified in subsection (b) apply to the total of 

15 obligations for an entire project and not only to obligations 

16 for component parts of such project.’’. 

17 SEC. 4. EFFECTIVE DATE. 

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

19 shall apply to amounts appropriated or otherwise made 

20 available after the date of enactment of this Act. 

Æ 


wwoods2 on PRODPC68 with BILLS