II 

113TH CONGRESS 

2D SESSION S. 2682 

To require certain Federal agencies to use iron, steel, wood products, cement 

and manufactured goods produced in the United States in public construction projects, to permanently extend the Build America Bonds program, to ensure that transportation and infrastructure projects carried 

out using Federal financial assistance are constructed with steel, iron, 

and manufactured goods that are produced in the United States, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2014 

Mr. PRYOR (for himself and Mr. WALSH) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To require certain Federal agencies to use iron, steel, wood 

products, cement and manufactured goods produced in 

the United States in public construction projects, to permanently extend the Build America Bonds program, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Made in the U.S.A. 

3 Act’’. 

4 SEC. 2. BUY AMERICAN. 

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, except for the Trade Agreements Act of 1979 

7 (19 U.S.C. 2501 et seq.), the head of a Federal agency 

8 may not obligate or expend funds appropriated to the 

9 agency, or provide financial assistance using funds appro10 priated to the agency, for a project for the construction, 

11 alteration, maintenance, or repair of a public building or 

12 public work unless substantially all of the iron, steel, wood 

13 products, cement, and manufactured goods used in the 

14 project are produced in the United States. 

15 (b) WAIVER.—The head of a Federal agency may 

16 waive the provisions of subsection (a) with respect to such 

17 if he or she determines that— 

18 (1) the application of such provisions would be 

19 inconsistent with the public interest; 

20 (2) iron, steel, wood products, cement, and 

21 manufactured goods are not produced in the United 

22 States in sufficient and reasonably available quan23 tities and of a satisfactory quality; or 

24 (3) inclusion of iron, steel, wood products, ce25 ment, and manufactured goods produced in the 

26 United States will increase the project schedule or 


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1 total cost of the project by more than 25 percent (or 

2 by more than 50 percent for Department of Defense 

3 projects). 

4 (c) WAIVER REQUIREMENTS.— 

5 (1) DETAILED JUSTIFICATION IN FEDERAL

6 REGISTER.—If the head of a Federal agency issues 

7 a waiver under subsection (b), he or she shall pub8 lish a detailed justification for such waiver in the 

9 Federal Register. 

10 (2) ANNUAL REPORT.—Not later than 2 years 

11 after the date of the enactment of this Act, and an12 nually thereafter, in any year that the head of a 

13 Federal agency issues a waiver under subsection (b), 

14 the agency head shall submit a report to Congress 

15 that— 

16 (A) specifies each project with respect to 

17 which the agency head issued a waiver under 

18 subsection (b) during the preceding calendar 

19 year; 

20 (B) identifies the country of origin and 

21 product specifications for steel, iron, wood prod22 ucts, cement or manufactured goods acquired 

23 pursuant to each waiver issued by the agency 

24 head under subsection (b) during the preceding 

25 calendar year; 


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1 (C) summarizes the monetary value of con2 tracts awarded pursuant to each such waiver; 

3 (D) summarizes the funds expended on— 

4 (i) steel, iron, wood products, cement, 

5 and manufactured goods produced in the 

6 United States for projects with respect to 

7 which the requirement under this section 

8 applied during the preceding calendar year; 

9 and 

10 (ii) steel, iron, wood products, cement, 

11 and manufactured goods produced outside 

12 the United States for projects with respect 

13 to which the agency head issued a waiver 

14 under subsection (b)(1) during the pre15 ceding calendar year; and 

16 (E) provides an employment impact anal17 ysis of the cumulative effect of all waivers 

18 issued by the agency head under subsection (b) 

19 during the preceding calendar year on manufac20 turing employment in the United States. 

21 (d) EXCEPTED ITEMS.—This section shall not apply 

22 to articles, materials, or supplies— 

23 (1) for use outside the United States (as de24 scribed in sections 8302(a)(2)(A) and 

25 8303(b)(1)(A)); 


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1 (2) below the micro-purchase threshold under 

2 section 1902 of title 41, United States Code; 

3 (3) including information technology that is a 

4 commercial item (as described in section 25.103(e) 

5 of title 48, Code of Federal Regulations); or 

6 (4) for commissary resale (as described in sec7 tion 25.103(d) of title 48, Code of Federal Regula8 tions). 

9 (e) RELATIONSHIP TO STATE REQUIREMENTS.—The 

10 head of a Federal agency may not impose any limitation 

11 or condition on financial assistance provided using funds 

12 appropriated to the agency that— 

13 (1) restricts any State from imposing more 

14 stringent requirements than the requirements under 

15 this section on the use of iron, steel, wood products, 

16 cement, and manufactured goods in foreign coun17 tries in projects carried out with such assistance; or 

18 (2) restricts any recipient of such assistance 

19 from complying with such State requirements. 

20 (f) INTENTIONAL VIOLATIONS.—A person shall be in21 eligible to receive any contract or subcontract made with 

22 funds authorized to be appropriated to a Federal agency 

23 pursuant to the debarment, suspension, and ineligibility 

24 procedures in subpart 9.4 of chapter 1 of title 48, Code 

25 of Federal Regulations, for a 6-year period beginning on 


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1 the date of a determination under this subsection, if a 

2 court or the Federal agency determines that the person 

3 intentionally represented that any iron, steel, wood prod4 uct, cement, or manufactured good used in projects to 

5 which this section applies, sold in or shipped to the United 

6 States that was not produced in the United States, was 

7 produced in the United States. 

8 (g) APPLICATION OF REQUIREMENTS TO ENTIRE

9 PROJECT.—The requirement under subsection (a) and the 

10 exceptions specified in subsection (b) shall apply to the 

11 total of obligations and expenditures for an entire project 

12 and not only to obligations and expenditures for compo13 nent parts of such project. 

14 (h) DEFINITIONS.—In this section, the terms ‘‘public 

15 building’’ and ‘‘public work’’— 

16 (1) have the meanings given such terms in sec17 tion 8301 of title 41, United States Code; and 

18 (2) include airports, bridges, canals, dams, 

19 dikes, pipelines, railroads, multiline mass transit sys20 tems, roads, tunnels, harbors, and piers. 

21 (i) EFFECTIVE DATE.—This section shall apply to 

22 amounts appropriated or otherwise made available at least 

23 1 year after the date of the enactment of this Act. 


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1 SEC. 3. PERMANENT EXTENSION OF BUILD AMERICA 

2 BONDS. 

3 (a) REDUCTION IN BOND HOLDER CREDIT PER4 CENTAGE.—Section 54AA(b) of the Internal Revenue 

5 Code of 1986 is amended by striking ‘‘35 percent’’ and 

6 inserting ‘‘28 percent (35 percent in the case of bonds 

7 issued before January 1, 2011)’’. 

8 (b) PERMANENT EXTENSION.—Section 

9 54AA(d)(1)(B) of such Code is amended by inserting ‘‘or 

10 after the date of the enactment of the Made in the U.S.A. 

11 Act,’’ after ‘‘January 1, 2011,’’. 

12 (c) QUALIFIED BOND DEFINED.—Section 54AA(g) 

13 of such Code is amended by striking paragraph (2) and 

14 inserting the following: 

15 ‘‘(2) QUALIFIED BOND.—For purposes of this 

16 section, the term ‘qualified bond’— 

17 ‘‘(A) means any build America bond issued 

18 as part of an issue if— 

19 ‘‘(i) 100 percent of the excess of— 

20 ‘‘(I) the available project pro21 ceeds (as defined in section 54A) of 

22 such issue, over 

23 ‘‘(II) the amounts in a reason24 ably required reserve (within the 

25 meaning of section 150(a)(3)) with re26 spect to such issue, are to be used for 


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1 capital expenditures (including capital 

2 expenditures for levees and other flood 

3 control projects), and 

4 ‘‘(ii) the issuer makes an irrevocable 

5 election to have this subsection apply; 

6 ‘‘(B) includes any bond (or series of bonds) 

7 issued to refund a qualified bond if— 

8 ‘‘(i) the average maturity date of the 

9 issue of which the refunding bond is a part 

10 is not later than the average maturity date 

11 of the bonds to be refunded by such issue, 

12 ‘‘(ii) the amount of the refunding 

13 bond does not exceed the outstanding 

14 amount of the refunded bond, and 

15 ‘‘(iii) the refunded bond is redeemed 

16 not later than 90 days after the date of the 

17 issuance of the refunding bond, 

18 ‘‘(C) includes any bond (or series of bonds) 

19 that is reasonably expected to be used for the 

20 issuer’s operating expenses as long as the issue 

21 is limited to a maturity of 13 months or less, 

22 and 

23 ‘‘(D) includes any bond (or series of 

24 bonds) that is a qualified 501(c)(3) bond (as 

25 defined in section 145). 


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1 ‘‘(3) ADDITIONAL PURPOSES.— 

2 ‘‘(A) In the case of a refunding bond re3 ferred to in paragraph (2)(B), the applicable 

4 percentage with respect to such bond under sec5 tion 6431(b) shall be the lowest percentage 

6 specified in paragraph (2) of such section. 

7 ‘‘(B) For purposes of paragraph (2)(B)(i), 

8 average maturity shall be determined in accord9 ance with section 147(b)(2)(A). 

10 ‘‘(C) Subchapter IV of chapter 31 of title 

11 40, United States Code, shall apply to projects 

12 financed with the proceeds of any build America 

13 bond issued after the date of the enactment of 

14 this paragraph.’’. 

15 (d) PAYMENTS TO ISSUERS.— 

16 (1) IN GENERAL.—Section 6431 of such Code 

17 is amended— 

18 (A) in subsection (a), by striking ‘‘issued 

19 before January 1, 2011’’; and 

20 (B) in subsection (f)(1)(B), by striking 

21 ‘‘before January 1, 2011’’ and inserting ‘‘dur22 ing a particular period’’. 

23 (2) CONFORMING AMENDMENTS.—Section 

24 54AA(g) of such Code is amended— 


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1 (A) in the subsection heading, by striking 

2 ‘‘QUALIFIED BONDS ISSUED BEFORE 2011’’ 

3 and inserting ‘‘CERTAIN QUALIFIED BONDS’’; 

4 and 

5 (B) in the matter preceding paragraph (1), 

6 by striking ‘‘before January 1, 2011’’. 

7 (e) REDUCTION IN PERCENTAGE OF PAYMENTS TO

8 ISSUERS.—Section 6431(b) of such Code is amended by 

9 striking ‘‘35 percent’’ and inserting ‘‘28 percent (35 per10 cent in the case of bonds issued before January 1, 2011)’’. 

11 SEC. 4. FEDERAL-AID HIGHWAY BUY AMERICA PROVISIONS. 

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

13 States Code, is amended to read as follows: 

14 ‘‘§ 313. Buy America 

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

16 IRON, AND MANUFACTURED GOODS.— 

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

18 provision of law, funds made available to carry out 

19 this title may not be obligated for a project unless 

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

21 project are produced in the United States. 

22 ‘‘(2) SCOPE.—The requirements under this sec23 tion shall apply to all contracts for a project carried 

24 out within the scope of the applicable finding, deter25 mination, or decision under the National EnvironVerDate Mar 15 2010 20:34 Aug 05, 2014 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2682.IS S2682

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

2 regardless of the funding source of such contracts, 

3 if at least 1 contract for the project is funded with 

4 amounts made available to carry out this title. 

5 ‘‘(b) EXCEPTIONS.— 

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

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

8 the Secretary determines that— 

9 ‘‘(A) applying subsection (a) would be in10 consistent with the public interest, as deter11 mined in accordance with the regulations issued 

12 under paragraph (2); 

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

14 goods required for a project are not produced in 

15 the United States— 

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

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

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

21 a project will increase the project schedule or 

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

24 ‘‘(2) RULEMAKING.—The Secretary shall issue 

25 regulations establishing the criteria that the SecVerDate Mar 15 2010 20:34 Aug 05, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2682.IS S2682

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1 retary shall use to determine whether the application 

2 of subsection (a) is inconsistent with the public in3 terest for purposes of paragraph (1)(A). 

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

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

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

9 assistance under this title seeking a waiver under 

10 paragraph (1) shall submit a request for such waiver 

11 to the Secretary in such form and containing such 

12 information as the Secretary may require. 

13 ‘‘(c) WAIVER REQUIREMENTS.— 

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

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

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

20 opportunity for public comment on the request 

21 at least 30 days before making a finding based 

22 on the request. 

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

24 provided under subparagraph (A)— 


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1 ‘‘(i) shall include the information 

2 available to the Secretary concerning the 

3 request, including whether the request is 

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

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

6 ‘‘(ii) shall be provided by electronic 

7 means, including on the official public 

8 Internet website of the Department of 

9 Transportation. 

10 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

11 REGISTER.—If the Secretary issues a waiver under 

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

13 Federal Register a detailed justification for the 

14 waiver that— 

15 ‘‘(A) addresses the public comments re16 ceived under paragraph (1)(A); and 

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

18 effect. 

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

20 not impose a limitation or condition on assistance provided 

21 under this title that restricts— 

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

23 are more stringent than those imposed under this 

24 section with respect to limiting the use of articles, 

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1 tured in foreign countries for projects carried out 

2 with such assistance; or 

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

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

7 48, Code of Federal Regulations, a person shall be ineli8 gible to receive a contract or subcontract funded with 

9 amounts made available to carry out this title if the Sec10 retary, the head of any department, agency, or instrumen11 tality of the United States, or a court determines that 

12 such person intentionally— 

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

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

16 that— 

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

18 section applies; and 

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

20 States; or 

21 ‘‘(2) represented that any steel, iron, or manu22 factured goods were produced in the United States 

23 that— 

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

25 section applies; and 


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

2 States. 

3 ‘‘(f) CONSISTENCY WITH INTERNATIONAL AGREE4 MENTS.— 

5 ‘‘(1) IN GENERAL.—This section shall be ap6 plied in a manner that is consistent with United 

7 States obligations under international agreements. 

8 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

9 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

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

11 manufactured goods produced in a foreign country 

12 in a project funded with amounts made available to 

13 carry out this title, including any project for which 

14 the Secretary has issued a waiver under subsection 

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

16 States Trade Representative, determines that the 

17 foreign country is in violation of the terms of an 

18 agreement with the United States by discriminating 

19 against steel, iron, or manufactured goods that are 

20 produced in the United States and covered by the 

21 agreement.’’. 

22 (b) REVIEW OF NATIONWIDE WAIVERS.— 

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

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

25 5 years thereafter, the Secretary of Transportation 


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1 shall review each standing nationwide waiver issued 

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

3 to determine whether continuing such waiver is nec4 essary. 

5 (2) PUBLIC NOTIFICATION OF AND OPPOR6 TUNITY FOR COMMENT ON REVIEW OF STANDING

7 NATIONWIDE WAIVERS.—In conducting a review 

8 under paragraph (1), the Secretary shall provide no9 tice of and an opportunity for public comment on 

10 the review at least 30 days before completing the re11 view. 

12 (3) NOTICE REQUIREMENT.—A notice provided 

13 under paragraph (2) shall be provided by electronic 

14 means, including on the official public Internet 

15 website of the Department of Transportation. 

16 (4) DETAILED JUSTIFICATION IN FEDERAL

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

18 continue a standing nationwide waiver after a review 

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

20 the Federal Register a detailed justification for such 

21 waiver that addresses the public comments received 

22 under paragraph (2). 

23 (c) REPEALS.— 

24 (1) WAIVER NOTIFICATION AND ANNUAL RE25 PORTS.—Section 117 of the SAFETEA–LU TechVerDate Mar 15 2010 20:34 Aug 05, 2014 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S2682.IS S2682

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1 nical Corrections Act of 2008 (23 U.S.C. 313 note) 

2 is repealed. 

3 (2) NOTICE AND PUBLIC COMMENTS.—Section 

4 123 of title I of division A of the Consolidated Ap5 propriations Act, 2010 (23 U.S.C. 313 note) is re6 pealed. 

7 SEC. 5. PUBLIC TRANSPORTATION BUY AMERICA PROVI8 SIONS. 

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

10 States Code, is amended to read as follows: 

11 ‘‘(j) BUY AMERICA.— 

12 ‘‘(1) DOMESTIC SOURCE REQUIREMENT FOR

13 STEEL, IRON, AND MANUFACTURED GOODS.— 

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

15 other provision of law, and except as provided 

16 in subparagraph (B), funds made available to 

17 carry out this chapter may not be obligated for 

18 a project unless the steel, iron, and manufac19 tured goods used for the project are produced 

20 in the United States. 

21 ‘‘(B) SPECIAL RULES FOR ROLLING

22 STOCK.—Funds made available to carry out 

23 this chapter may not be obligated for the pro24 curement of rolling stock (including train conVerDate Mar 15 2010 20:34 Aug 05, 2014 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2682.IS S2682

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1 trol, communication, traction power equipment, 

2 and rolling stock prototypes) unless— 

3 ‘‘(i) the cost of components and sub4 components produced in the United 

5 States— 

6 ‘‘(I) for fiscal year 2015 is more 

7 than 60 percent of the cost of all com8 ponents of the rolling stock; 

9 ‘‘(II) for fiscal year 2016 is more 

10 than 70 percent of the cost of all com11 ponents of the rolling stock; 

12 ‘‘(III) for fiscal year 2017 is 

13 more than 80 percent of the cost of 

14 all components of the rolling stock; 

15 ‘‘(IV) for fiscal year 2018 is 

16 more than 90 percent of the cost of 

17 all components of the rolling stock; 

18 and 

19 ‘‘(V) for fiscal year 2019, and 

20 each fiscal year thereafter, is 100 per21 cent of the cost of all components of 

22 the rolling stock; and 

23 ‘‘(ii) final assembly of the rolling 

24 stock, including rolling stock prototypes, 

25 occurs in the United States. 


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1 ‘‘(C) SCOPE.—The requirements under 

2 this subsection shall apply to all contracts for 

3 a public transportation project carried out with4 in the scope of the applicable finding, deter5 mination, or decision under the National Envi6 ronmental Policy Act of 1969 (42 U.S.C. 4321 

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

8 such contracts, if at least one contract for the 

9 public transportation project is funded with 

10 amounts made available to carry out this chap11 ter. 

12 ‘‘(2) EXCEPTIONS.— 

13 ‘‘(A) ISSUANCE OF WAIVERS.—The Sec14 retary may waive the requirements of para15 graph (1) only if the Secretary finds that— 

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

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

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

21 goods required for a project are not pro22 duced in the United States— 

23 ‘‘(I) in sufficient and reasonably 

24 available quantities; and 

25 ‘‘(II) of a satisfactory quality; or 


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1 ‘‘(iii) the use of steel, iron, and manu2 factured goods produced in the United 

3 States for a project will increase the 

4 project schedule or total cost of the project 

5 by more than 25 percent. 

6 ‘‘(B) RULEMAKING.—The Secretary shall 

7 issue regulations establishing the criteria that 

8 the Secretary shall use to determine whether 

9 the application of paragraph (1) is inconsistent 

10 with the public interest for purposes of sub11 paragraph (A)(i). 

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

13 If the Secretary finds that a component of roll14 ing stock is not produced in the United States 

15 in sufficient and reasonably available quantities 

16 or to a satisfactory quality, the Secretary may 

17 issue a waiver under subparagraph (A) with re18 spect to such component. 

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

20 subsection, labor costs involved in final assem21 bly shall not be included in calculating the cost 

22 of components. 

23 ‘‘(E) REQUESTS FOR WAIVERS.—A recipi24 ent of assistance under this chapter seeking a 

25 waiver under subparagraph (A) shall submit to 


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1 the Secretary a request for the waiver in such 

2 form and containing such information as the 

3 Secretary may require. 

4 ‘‘(3) WAIVER REQUIREMENTS.— 

5 ‘‘(A) PUBLIC NOTIFICATION OF AND OP6 PORTUNITY FOR COMMENT ON REQUEST FOR A

7 WAIVER.— 

8 ‘‘(i) IN GENERAL.—If the Secretary 

9 receives a request for a waiver under para10 graph (2), the Secretary shall provide no11 tice of and an opportunity for public com12 ment on the request at least 30 days be13 fore making a finding based on the re14 quest. 

15 ‘‘(ii) NOTICE REQUIREMENTS.—A no16 tice provided under clause (i) shall— 

17 ‘‘(I) include the information 

18 available to the Secretary concerning 

19 the request, including whether the re20 quest is being made under paragraph 

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

22 and 

23 ‘‘(II) be provided by electronic 

24 means, including on the official public 


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1 Internet website of the Department of 

2 Transportation. 

3 ‘‘(B) DETAILED JUSTIFICATION IN FED4 ERAL REGISTER.—If the Secretary issues a 

5 waiver under paragraph (2), the Secretary shall 

6 publish in the Federal Register a detailed jus7 tification for the waiver that— 

8 ‘‘(i) addresses the public comments 

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

10 ‘‘(ii) is published before the waiver 

11 takes effect. 

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

13 may not impose a limitation or condition on assist14 ance provided under this chapter that restricts— 

15 ‘‘(A) a State from imposing requirements 

16 that are more stringent than those imposed 

17 under this subsection with respect to limiting 

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

19 produced, or manufactured in foreign countries 

20 for projects carried out with such assistance; or 

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

22 complying with such State requirements. 

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

24 procedures established under subpart 9.4 of chapter 

25 1 of title 48, Code of Federal Regulations, a person 


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1 shall be ineligible to receive a contract or sub2 contract funded with amounts made available to 

3 carry out this chapter or any other law providing 

4 Federal public transportation assistance if the Sec5 retary, the head of any department, agency, or in6 strumentality of the United States, or a court deter7 mines that such person intentionally— 

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

9 America’ inscription, or any inscription with the 

10 same meaning, to any steel, iron, or manufac11 tured goods that— 

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

13 this subsection applies; and 

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

15 States; or 

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

17 manufactured goods were produced in the 

18 United States that— 

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

20 this subsection applies; and 

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

22 States. 

23 ‘‘(6) CONSISTENCY WITH INTERNATIONAL

24 AGREEMENTS.— 


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

2 be applied in a manner that is consistent with 

3 United States obligations under international 

4 agreements. 

5 ‘‘(B) TREATMENT OF FOREIGN COUNTRIES

6 IN VIOLATION OF INTERNATIONAL AGREE7 MENTS.—The Secretary shall prohibit the use 

8 of steel, iron, and manufactured goods produced 

9 in a foreign country in a project funded with 

10 amounts made available to carry out this chap11 ter or any other law providing Federal public 

12 transportation assistance, including any project 

13 for which the Secretary has issued a waiver 

14 under paragraph (2), if the Secretary, in con15 sultation with the United States Trade Rep16 resentative, determines that the foreign country 

17 is in violation of the terms of an agreement 

18 with the United States by discriminating 

19 against steel, iron, or manufactured goods that 

20 are produced in the United States and covered 

21 by the agreement. 

22 ‘‘(7) OPPORTUNITY TO CORRECT INADVERTENT

23 ERROR.—The Secretary may allow a manufacturer 

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

25 correct after bid opening an incomplete Buy America 


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1 certificate or an incorrect certificate of noncompli2 ance (but not a failure to sign a certificate, a sub3 mission of both a certificate of compliance and a cer4 tificate of noncompliance, or a failure to submit any 

5 certificate) under this subsection if such manufac6 turer or supplier attests under penalty of perjury 

7 that such manufacturer or supplier submitted an in8 complete or incorrect certificate as a result of an in9 advertent or clerical error. The burden of estab10 lishing inadvertent or clerical error is on the manu11 facturer or supplier.’’. 

12 (b) REVIEW OF GENERAL PUBLIC INTEREST WAIV13 ERS.—Not later than 1 year after the date of enactment 

14 of this Act, and at least every 5 years thereafter, the Sec15 retary of Transportation shall review the general public 

16 interest waivers described in subsection (b) of Appendix 

17 A of section 661.7 of title 49, Code of Federal Regula18 tions, to determine whether continuing such waivers is in 

19 the public interest. 

20 SEC. 6. 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.— 


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

2 other provision of law, amounts made available 

3 to Amtrak under section 101(c) of the Pas4 senger Rail Investment and Improvement Act of 

5 2008 (division B of Public Law 110–432; 122 

6 Stat. 4908) may not be used for a capital 

7 project (as defined in subparagraphs (A) and 

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

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

10 other capital expense of Amtrak unless the 

11 steel, iron, and manufactured goods used for 

12 the project or other capital expense are pro13 duced in the United States. 

14 ‘‘(B) SCOPE.—The requirements under 

15 this subsection shall apply to all contracts for 

16 a project or other capital expense carried out 

17 within the scope of the applicable finding, deter18 mination, or decision under the National Envi19 ronmental Policy Act of 1969 (42 U.S.C. 4321 

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

21 such contracts, if at least one contract with re22 spect to the project or other capital expense is 

23 funded with amounts made available under sec24 tion 101(c) of the Passenger Rail Investment 


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1 and Improvement Act of 2008 (122 Stat. 

2 4908). 

3 ‘‘(C) SPECIAL RULES FOR ROLLING

4 STOCK.—Funds made available to carry out 

5 this chapter may not be obligated for the pro6 curement of rolling stock (including train con7 trol, communication, traction power equipment, 

8 and rolling stock prototypes) unless— 

9 ‘‘(i) the cost of components and sub10 components produced in the United 

11 States— 

12 ‘‘(I) for fiscal year 2015 is more 

13 than 60 percent of the cost of all com14 ponents of the rolling stock; 

15 ‘‘(II) for fiscal year 2016 is more 

16 than 70 percent of the cost of all com17 ponents of the rolling stock; 

18 ‘‘(III) for fiscal year 2017 is 

19 more than 80 percent of the cost of 

20 all components of the rolling stock; 

21 ‘‘(IV) for fiscal year 2018 is 

22 more than 90 percent of the cost of 

23 all components of the rolling stock; 

24 and 


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1 ‘‘(V) for fiscal year 2019, and 

2 each fiscal year thereafter, is 100 per3 cent of the cost of all components of 

4 the rolling stock; and 

5 ‘‘(ii) final assembly of the rolling 

6 stock, including rolling stock prototypes, 

7 occurs in the United States. 

8 ‘‘(2) EXCEPTIONS.— 

9 ‘‘(A) ISSUANCE OF WAIVERS.—The Sec10 retary of Transportation may waive the require11 ments under paragraph (1) only if the Sec12 retary determines that— 

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

14 inconsistent with the public interest, as de15 termined in accordance with the regula16 tions issued under subparagraph (B); 

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

18 goods required for a project or other cap19 ital expense are not produced in the 

20 United States— 

21 ‘‘(I) in sufficient and reasonably 

22 available quantities; and 

23 ‘‘(II) of a satisfactory quality; 

24 ‘‘(iii) the use of steel, iron, and manu25 factured goods produced in the United 


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1 States for a project or other capital ex2 pense will increase the project schedule or 

3 total cost of the project by more than 25 

4 percent; or 

5 ‘‘(iv) the cost of articles, material, or 

6 supplies bought is not more than 

7 $1,000,000. 

8 ‘‘(B) RULEMAKING.—The Secretary shall 

9 issue regulations establishing the criteria that 

10 the Secretary shall use to determine whether 

11 the application of paragraph (1) is inconsistent 

12 with the public interest for purposes of sub13 paragraph (A)(i). 

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

15 If the Secretary finds that a component of roll16 ing stock is not produced in the United States 

17 in sufficient and reasonably available quantities 

18 or to a satisfactory quality, the Secretary may 

19 issue a waiver under subparagraph (A) with re20 spect to such component. 

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

22 paragraph, labor costs involved in final assem23 bly shall not be included in calculating the cost 

24 of components. 


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1 ‘‘(E) REQUESTS FOR WAIVERS.—If Am2 trak seeks a waiver under subparagraph (A), 

3 Amtrak shall submit a request for the waiver to 

4 the Secretary in such form and containing such 

5 information as the Secretary may require. 

6 ‘‘(3) WAIVER REQUIREMENTS.— 

7 ‘‘(A) PUBLIC NOTIFICATION OF AND OP8 PORTUNITY FOR COMMENT ON REQUEST FOR A

9 WAIVER.— 

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

11 receives a request for a waiver from Am12 trak under paragraph (2), the Secretary 

13 shall provide notice of and an opportunity 

14 for public comment on the request at least 

15 30 days before making a determination 

16 based on the request. 

17 ‘‘(ii) NOTICE REQUIREMENTS.—A no18 tice provided under clause (i)— 

19 ‘‘(I) shall include the information 

20 available to the Secretary concerning 

21 the request, including whether the re22 quest is being made under clause (i), 

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

24 ‘‘(II) shall be provided by elec25 tronic means, including on the official 


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1 public Internet website of the Depart2 ment of Transportation. 

3 ‘‘(B) DETAILED JUSTIFICATION IN FED4 ERAL REGISTER.—If the Secretary issues a 

5 waiver under paragraph (2), the Secretary shall 

6 publish in the Federal Register a detailed jus7 tification for the waiver that— 

8 ‘‘(i) addresses the public comments 

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

10 ‘‘(ii) is published before the waiver 

11 takes effect. 

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

13 may not impose a limitation or condition on assist14 ance provided with funds described in paragraph 

15 (1)(A) that restricts— 

16 ‘‘(A) a State from imposing requirements 

17 that are more stringent than those imposed 

18 under this subsection with respect to limiting 

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

20 produced, or manufactured in foreign countries 

21 for capital projects or other capital expenses 

22 carried out with such assistance; or 

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

24 complying with such State requirements. 


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

2 procedures established under subpart 9.4 of chapter 

3 1 of title 48, Code of Federal Regulations, a person 

4 shall be ineligible to receive a contract or sub5 contract funded with funds described in paragraph 

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

7 agency, or instrumentality of the United States, or 

8 a court determines that such person intentionally— 

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

10 America’ inscription, or any inscription with the 

11 same meaning, to any steel, iron, or manufac12 tured goods that— 

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

14 other capital expense to which this sub15 section applies; and 

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

17 States; or 

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

19 manufactured goods were produced in the 

20 United States that— 

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

22 other capital expense to which this sub23 section applies; and 

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

25 States. 


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1 ‘‘(6) CONSISTENCY WITH INTERNATIONAL

2 AGREEMENTS.— 

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

4 be applied in a manner that is consistent with 

5 United States obligations under international 

6 agreements. 

7 ‘‘(B) TREATMENT OF FOREIGN COUNTRIES

8 IN VIOLATION OF INTERNATIONAL AGREE9 MENTS.—The Secretary shall prohibit the use 

10 of steel, iron, and manufactured goods produced 

11 in a foreign country in a capital project or 

12 other capital expense funded with funds de13 scribed in paragraph (1)(A), including any 

14 project or capital expense for which the Sec15 retary has issued a waiver under paragraph (2), 

16 if the Secretary, in consultation with the United 

17 States Trade Representative, determines that 

18 the foreign country is in violation of the terms 

19 of an agreement with the United States by dis20 criminating against steel, iron, or manufactured 

21 goods that are produced in the United States 

22 and covered by the agreement.’’. 

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

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

25 at least every 5 years thereafter, the Secretary of TransVerDate Mar 15 2010 20:34 Aug 05, 2014 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S2682.IS S2682

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1 portation shall review each standing nationwide waiver 

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

3 Code, to determine whether continuing such waiver is nec4 essary. 

5 SEC. 7. AVIATION BUY AMERICA PROVISIONS. 

6 (a) BUY AMERICA PREFERENCES.—Chapter 501 of 

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

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

9 (b) ENHANCEMENTS TO BUY AMERICA REQUIRE10 MENTS.—Section 50101 of such title is amended to read 

11 as follows: 

12 ‘‘§ 50101. 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, and except as provided in para17 graph (2), amounts made available to carry out sec18 tion 106(k), 44502(a)(2), or 44509, subchapter I of 

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

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

21 48110) of this title may not be obligated for a 

22 project unless the steel, iron, and manufactured 

23 goods used for the project are produced in the 

24 United States. 


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1 ‘‘(2) SPECIAL RULES FOR CERTAIN FACILITIES

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

3 procurement of a facility or equipment, funds made 

4 available to carry out the provisions specified in 

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

6 unless— 

7 ‘‘(A) the cost of components and sub8 components produced in the United States— 

9 ‘‘(i) for fiscal year 2015 is more than 

10 60 percent of the cost of all components of 

11 the facility or equipment; 

12 ‘‘(ii) for fiscal year 2016 is more than 

13 70 percent of the cost of all components of 

14 the facility or equipment; 

15 ‘‘(iii) for fiscal year 2017 is more 

16 than 80 percent of the cost of all compo17 nents of the facility or equipment; 

18 ‘‘(iv) for fiscal year 2018 is more than 

19 90 percent of the cost of all components of 

20 the facility or equipment; and 

21 ‘‘(v) for fiscal year 2019, and each fis22 cal year thereafter, is 100 percent of the 

23 cost of all components of the facility or 

24 equipment; and 


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1 ‘‘(B) final assembly of the facility or equip2 ment occurs in the United States. 

3 ‘‘(3) SCOPE.—The requirements under this sec4 tion shall apply to all contracts for a project carried 

5 out within the scope of the applicable finding, deter6 mination, or decision under the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

8 regardless of the funding source of such contracts, 

9 if at least one contract for the project is funded with 

10 amounts made available to carry out a provision 

11 specified in paragraph (1). 

12 ‘‘(b) EXCEPTIONS.— 

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

14 Transportation may waive the requirements of sub15 section (a) only if the Secretary determines that— 

16 ‘‘(A) applying subsection (a) would be in17 consistent with the public interest, as deter18 mined in accordance with the regulations issued 

19 under paragraph (2); 

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

21 goods required for a project are not produced in 

22 the United States— 

23 ‘‘(i) in sufficient and reasonably avail24 able quantities; and 

25 ‘‘(ii) of a satisfactory quality; or 


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

3 a project will increase the project schedule or 

4 total cost of the project by more than 25 per5 cent. 

6 ‘‘(2) RULEMAKING.—The Secretary shall issue 

7 regulations establishing the criteria that the Sec8 retary shall use to determine whether the application 

9 of subsection (a) is inconsistent with the public in10 terest for purposes of paragraph (1)(A). 

11 ‘‘(3) LABOR COSTS.—For purposes of this sec12 tion, labor costs involved in final assembly are not 

13 included in calculating the cost of components. 

14 ‘‘(4) REQUESTS FOR WAIVERS.—An entity seek15 ing a waiver under paragraph (1) shall submit to the 

16 Secretary a request for the waiver in such form and 

17 containing such information as the Secretary may 

18 require. 

19 ‘‘(5) PREFERENCE FOR AMERICAN-ASSEMBLED

20 FACILITIES AND EQUIPMENT.—In the procurement 

21 of a facility or equipment subject to a waiver issued 

22 under paragraph (1), the Secretary shall give pref23 erence to a facility or equipment for which final as24 sembly occurred in the United States. 


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

2 the procurement of a facility or equipment, if the 

3 Secretary determines that a component of the facil4 ity or equipment is not produced in the United 

5 States in sufficient and reasonably available quan6 tities or to a satisfactory quality, the Secretary may 

7 issue a waiver under paragraph (1) with respect to 

8 such component. 

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 Secretary re14 ceives a request for a waiver under subsection 

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

16 opportunity for public comment on the request 

17 at least 30 days before making a determination 

18 based on the request. 

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

20 provided under subparagraph (A)— 

21 ‘‘(i) shall include the information 

22 available to the Secretary concerning the 

23 request, including whether the request is 

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

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


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1 ‘‘(ii) shall be provided by electronic 

2 means, including on the official public 

3 Internet website of the Department of 

4 Transportation. 

5 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

6 REGISTER.—If the Secretary issues a waiver under 

7 subsection (b), the Secretary shall publish a detailed 

8 justification for the waiver in the Federal Register 

9 that— 

10 ‘‘(A) addresses the public comments re11 ceived under paragraph (1)(A); and 

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

13 effect. 

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

15 not impose a limitation or condition on assistance provided 

16 with funds made available to carry out a provision speci17 fied in subsection (a)(1) that restricts— 

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

19 are more stringent than those imposed under this 

20 section with respect to limiting the use of articles, 

21 materials, or supplies mined, produced, or manufac22 tured in foreign countries for projects carried out 

23 with such assistance; or 

24 ‘‘(2) any recipient of such assistance from com25 plying with such State requirements. 


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1 ‘‘(e) CONSISTENCY WITH INTERNATIONAL AGREE2 MENTS.— 

3 ‘‘(1) IN GENERAL.—This section shall be ap4 plied in a manner that is consistent with United 

5 States obligations under international agreements. 

6 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

7 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

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

9 manufactured goods produced in a foreign country 

10 in a project funded with funds made available to 

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

12 including any project for which the Secretary has 

13 issued a waiver under subsection (b), if the Sec14 retary, in consultation with the United States Trade 

15 Representative, determines that the foreign country 

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

17 United States by discriminating against steel, iron, 

18 or manufactured goods that are produced in the 

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

20 (c) CLERICAL AMENDMENTS.— 

21 (1) SUBTITLE ANALYSIS.—The analysis for 

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

23 amended by striking the item relating to chapter 

24 501 and inserting the following: 

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


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1 (2) CHAPTER ANALYSIS.—The analysis for 

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

3 amended by striking the item relating to section 

4 50101 and inserting the following: 

‘‘50101. Buy America.’’. 

5 (d) PROHIBITION ON CONTRACTING UPON FAL6 SIFICATION OF LABEL.—Section 50105 of such title is 

7 amended by inserting ‘‘steel, iron, or manufactured’’ be8 fore ‘‘goods’’. 

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

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

11 and at least every 5 years thereafter, the Secretary of 

12 Transportation shall review each standing nationwide 

13 waiver issued under section 50101 of title 49, United 

14 States Code, to determine whether continuing such waiver 

15 is necessary. 

16 SEC. 8. DEPARTMENT OF TRANSPORTATION BUY AMERICA 

17 ANNUAL REPORT. 

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

19 amended by adding at the end the following: 

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

21 each year beginning at least 1 year after the date of the 

22 enactment of this subsection, the Secretary shall submit 

23 a report to Congress that— 


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

2 the Secretary issued a waiver from a Buy America 

3 requirement during the preceding calendar year; 

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

5 specifications for steel, iron, or manufactured goods 

6 acquired pursuant to each waiver from a Buy Amer7 ica requirement issued by the Secretary during the 

8 preceding calendar year; 

9 ‘‘(3) summarizes the monetary value of con10 tracts awarded pursuant to each such waiver; 

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

12 waiver, including the specific law, treaty, or inter13 national agreement under which the waiver was 

14 granted; 

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

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

17 produced in the United States for projects with 

18 respect to which a Buy America requirement, 

19 under which the Secretary has waiver authority, 

20 applied during the preceding calendar year; and 

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

22 produced outside the United States for projects 

23 with respect to which the Secretary issued a 

24 waiver from a Buy America requirement during 

25 the preceding calendar year; and 


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

2 the cumulative effect of all waivers from a Buy 

3 America requirement issued by the Secretary during 

4 the preceding calendar year on manufacturing em5 ployment in the United States.’’. 

Æ 


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