II 

113TH CONGRESS 

2D SESSION S. 2737 

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 31, 2014 

Mr. BROWN (for himself, Mr. MERKLEY, and Ms. BALDWIN) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Invest in American Jobs Act of 2014’’. 

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

7 this Act is as follows: 


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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. Drinking water 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. 

1 TITLE I—DEPARTMENT OF 

2 TRANSPORTATION 

3 SEC. 101. FEDERAL-AID HIGHWAY BUY AMERICA PROVI4 SIONS. 

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

6 States Code, is amended to read as follows: 

7 ‘‘§ 313. Buy America 

8 ‘‘(a) DEFINITION OF PRODUCED IN THE UNITED

9 STATES.—In this section, the term ‘produced in the 

10 United States’ means, with respect to iron and steel, an 

11 end product for which all manufacturing processes oc12 curred in the United States, other than a metallurgical 

13 process relating to the refinement of steel. 

14 ‘‘(b) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 

15 IRON, AND MANUFACTURED GOODS.— 

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

17 provision of law, amounts made available to carry 


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1 out this title may not be obligated for a project un2 less the steel, iron, and manufactured goods used for 

3 the project are produced in the United States. 

4 ‘‘(2) SCOPE.—This section applies to all con5 tracts for a project carried out within the scope of 

6 the applicable finding, determination, or decision 

7 under the National Environmental Policy Act of 

8 1969 (42 U.S.C. 4321 et seq.), regardless of the 

9 funding source of those contracts, if at least one 

10 contract for the project is funded with amounts 

11 made available to carry out this title. 

12 ‘‘(c) EXCEPTIONS.— 

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

14 may waive subsection (b) only if the Secretary finds 

15 that— 

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

19 in accordance with 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; or 

25 ‘‘(ii) to 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 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 2014, the Secretary shall issue reg8 ulations establishing the criteria that the Secretary 

9 shall use to determine whether the application of 

10 subsection (b) 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 ‘‘(d) WAIVER REQUIREMENTS.— 

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


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

3 (c), 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 subparagraph (A), (B), or (C) of 

13 subsection (c)(1); and 

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

15 including on the official public Internet site 

16 of the Department of Transportation. 

17 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

18 REGISTER.—If the Secretary issues a waiver under 

19 subsection (c), the Secretary shall publish in the 

20 Federal Register a detailed justification for the 

21 waiver that— 

22 ‘‘(A) addresses the public comments re23 ceived under paragraph (1)(A); and 

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

25 effect. 


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1 ‘‘(e) STATE REQUIREMENTS.—The Secretary may 

2 not impose a limitation or condition on assistance provided 

3 under this title that restricts— 

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

5 are more stringent than those imposed under this 

6 section with respect to limiting the use of articles, 

7 materials, or supplies mined, produced, or manufac8 tured in foreign countries for projects carried out 

9 with such assistance; or 

10 ‘‘(2) any recipient of such assistance from com11 plying with such State requirements. 

12 ‘‘(f) INTENTIONAL VIOLATIONS.—Pursuant to proce13 dures established under subpart 9.4 of chapter 1 of title 

14 48, Code of Federal Regulations (or successor regula15 tions), a person shall be ineligible to receive a contract 

16 or subcontract funded with amounts made available to 

17 carry out this title if the Secretary, the head of any de18 partment, agency, or instrumentality of the United States, 

19 or a court determines that such person intentionally— 

20 ‘‘(1) affixed a label bearing a ‘Made in Amer21 ica’ inscription, or any inscription with the same 

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

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; or 

3 ‘‘(2) represented that any steel, iron, or manu4 factured goods were produced in the United States 

5 that— 

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

7 section applies; and 

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

9 States. 

10 ‘‘(g) CONSISTENCY WITH INTERNATIONAL AGREE11 MENTS.— 

12 ‘‘(1) IN GENERAL.—This section shall be ap13 plied in a manner that is consistent with United 

14 States obligations under international agreements. 

15 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

16 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

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

18 manufactured goods produced in a foreign country 

19 in a project funded with amounts made available to 

20 carry out this title, including any project for which 

21 the Secretary has issued a waiver under subsection 

22 (c), if the Secretary, in consultation with the United 

23 States Trade Representative, determines that the 

24 foreign country is in violation of the terms of an 

25 agreement with the United States by discriminating 


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1 against steel, iron, or manufactured goods that are 

2 produced in the United States and covered by the 

3 agreement.’’. 

4 (b) REVIEW OF NATIONWIDE WAIVERS.— 

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

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

7 5 years thereafter, the Secretary of Transportation 

8 shall review each standing nationwide waiver issued 

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

10 to determine whether continuing that waiver is nec11 essary. 

12 (2) PUBLIC NOTIFICATION OF AND OPPOR13 TUNITY FOR COMMENT ON REVIEW OF STANDING

14 NATIONWIDE WAIVERS.—In conducting a review 

15 under paragraph (1), the Secretary shall provide no16 tice of and an opportunity for public comment on 

17 the review at least 30 days before completing the re18 view. 

19 (3) NOTICE REQUIREMENT.—A notice provided 

20 under paragraph (2) shall be provided by electronic 

21 means, including on the official public Internet site 

22 of the Department of Transportation. 

23 (4) DETAILED JUSTIFICATION IN FEDERAL

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

25 continue a standing nationwide waiver after a review 


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

2 the Federal Register a detailed justification for such 

3 waiver that addresses the public comments received 

4 under paragraph (2). 

5 (c) REPEALS.— 

6 (1) WAIVER NOTIFICATION AND ANNUAL RE7 PORTS.—Section 117 of the SAFETEA–LU Tech8 nical Corrections Act of 2008 (23 U.S.C. 313 note; 

9 Public Law 110–244) is repealed. 

10 (2) NOTICE AND PUBLIC COMMENTS.—Section 

11 123 of title I of division A of the Consolidated Ap12 propriations Act, 2010 (23 U.S.C. 313 note; Public 

13 Law 111–117) is repealed. 

14 SEC. 102. PUBLIC TRANSPORTATION BUY AMERICA PROVI15 SIONS. 

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

17 States Code, is amended to read as follows: 

18 ‘‘(j) BUY AMERICA.— 

19 ‘‘(1) DEFINITION OF PRODUCED IN THE

20 UNITED STATES.—In this subsection, the term ‘pro21 duced in the United States’ means, with respect to 

22 iron and steel, an end product for which all manu23 facturing processes occurred in the United States, 

24 other than a metallurgical process relating to the re25 finement of steel. 


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1 ‘‘(2) DOMESTIC SOURCE REQUIREMENT FOR

2 STEEL, IRON, AND MANUFACTURED GOODS.— 

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

4 other provision of law, and except as provided 

5 in subparagraph (B), amounts made available 

6 to carry out this chapter may not be obligated 

7 for a project unless the steel, iron, and manu8 factured goods used for the project are pro9 duced in the United States. 

10 ‘‘(B) SPECIAL RULES FOR ROLLING

11 STOCK.— 

12 ‘‘(i) IN GENERAL.—Amounts made 

13 available to carry out this chapter may not 

14 be obligated for the procurement of rolling 

15 stock (including train control, communica16 tion, and traction power equipment, and 

17 rolling stock prototypes) unless, when pro18 curing such rolling stock under this chap19 ter— 

20 ‘‘(I) the cost of components and 

21 subcomponents produced in the 

22 United States is more than the appli23 cable percentage under clause (ii) of 

24 the cost of all components of the roll25 ing stock; and 


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1 ‘‘(II) final assembly of the rolling 

2 stock, including rolling stock proto3 types, occurs in the United States. 

4 ‘‘(ii) APPLICABLE PERCENTAGE.—The 

5 applicable percentage under this clause— 

6 ‘‘(I) for fiscal year 2013 is 60 

7 percent; 

8 ‘‘(II) for fiscal year 2014 is 70 

9 percent; 

10 ‘‘(III) for fiscal year 2015 is 80 

11 percent; 

12 ‘‘(IV) for fiscal year 2016 is 90 

13 percent; and 

14 ‘‘(V) for fiscal year 2017 and 

15 each fiscal year thereafter is 100 per16 cent. 

17 ‘‘(C) SCOPE.—This subsection applies to 

18 all contracts for a public transportation project 

19 carried out within the scope of the applicable 

20 finding, determination, or decision under the 

21 National Environmental Policy Act of 1969 (42 

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

23 source of those contracts, if at least one con24 tract for the public transportation project is 


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1 funded with amounts made available to carry 

2 out this chapter. 

3 ‘‘(3) EXCEPTIONS.— 

4 ‘‘(A) ISSUANCE OF WAIVERS.—The Sec5 retary may waive paragraph (2) only if the Sec6 retary finds that— 

7 ‘‘(i) applying paragraph (2) would be 

8 inconsistent with the public interest, as de9 termined in accordance with the regula10 tions issued in accordance with subpara11 graph (B); 

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

13 goods required for a project are not pro14 duced in the United States— 

15 ‘‘(I) in sufficient and reasonably 

16 available quantities; or 

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

18 ‘‘(iii) the use of steel, iron, and manu19 factured goods produced in the United 

20 States for a project will increase the total 

21 cost of the project by more than 25 per22 cent. 

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

24 year after the date of enactment of the Invest 

25 in American Jobs Act of 2014, the Secretary 


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1 shall issue regulations establishing the criteria 

2 that the Secretary shall use to determine 

3 whether the application of paragraph (2) is in4 consistent with the public interest for purposes 

5 of subparagraph (A)(i). 

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

7 If the Secretary finds that a component of roll8 ing stock is not produced in the United States 

9 in sufficient and reasonably available quantities 

10 or to a satisfactory quality, the Secretary may 

11 issue a waiver under subparagraph (A) with re12 spect to such component. 

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

14 paragraph, labor costs involved in final assem15 bly shall not be included in calculating the cost 

16 of components. 

17 ‘‘(E) REQUESTS FOR WAIVERS.—A recipi18 ent of assistance under this chapter seeking a 

19 waiver under subparagraph (A) shall submit to 

20 the Secretary a request for the waiver in such 

21 form and containing such information as the 

22 Secretary may require. 

23 ‘‘(4) WAIVER REQUIREMENTS.— 


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1 ‘‘(A) PUBLIC NOTIFICATION OF AND OP2 PORTUNITY FOR COMMENT ON REQUEST FOR A

3 WAIVER.— 

4 ‘‘(i) IN GENERAL.—If the Secretary 

5 receives a request for a waiver under para6 graph (3), the Secretary shall provide no7 tice of and an opportunity for public com8 ment on the request at least 30 days be9 fore making a finding based on the re10 quest. 

11 ‘‘(ii) NOTICE REQUIREMENTS.—A no12 tice provided under clause (i) shall— 

13 ‘‘(I) include the information 

14 available to the Secretary concerning 

15 the request, including whether the re16 quest is being made under clause (i), 

17 (ii), or (iii) of paragraph (3)(A); and 

18 ‘‘(II) be provided by electronic 

19 means, including on the official public 

20 Internet site of the Department of 

21 Transportation. 

22 ‘‘(B) DETAILED JUSTIFICATION IN FED23 ERAL REGISTER.—If the Secretary issues a 

24 waiver under paragraph (3), the Secretary shall 


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1 publish in the Federal Register a detailed jus2 tification for the waiver that— 

3 ‘‘(i) addresses the public comments 

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

5 ‘‘(ii) is published before the waiver 

6 takes effect. 

7 ‘‘(5) STATE REQUIREMENTS.—The Secretary 

8 may not impose a limitation or condition on assist9 ance provided under this chapter that restricts— 

10 ‘‘(A) a State from imposing requirements 

11 that are more stringent than those imposed 

12 under this subsection with respect to limiting 

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

14 produced, or manufactured in foreign countries 

15 for projects carried out with such assistance; or 

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

17 complying with such State requirements. 

18 ‘‘(6) INTENTIONAL VIOLATIONS.—Pursuant to 

19 procedures established under subpart 9.4 of chapter 

20 1 of title 48, Code of Federal Regulations (or suc21 cessor regulations), a person shall be ineligible to re22 ceive a contract or subcontract funded with amounts 

23 made available to carry out this chapter or any other 

24 law providing Federal public transportation assist25 ance if the Secretary, the head of any department, 


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1 agency, or instrumentality of the United States, or 

2 a court determines that such person intentionally— 

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

4 America’ inscription, or any inscription with the 

5 same meaning, to any steel, iron, or manufac6 tured goods that— 

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

8 this subsection applies; and 

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

10 States; or 

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

12 manufactured goods were produced in the 

13 United States that— 

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

15 this subsection applies; and 

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

17 States. 

18 ‘‘(7) CONSISTENCY WITH INTERNATIONAL

19 AGREEMENTS.— 

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

21 be applied in a manner that is consistent with 

22 United States obligations under international 

23 agreements. 

24 ‘‘(B) TREATMENT OF FOREIGN COUNTRIES

25 IN VIOLATION OF INTERNATIONAL AGREEVerDate Mar 15 2010 02:12 Aug 13, 2014 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S2737.IS S2737

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1 MENTS.—The Secretary shall prohibit the use 

2 of steel, iron, and manufactured goods produced 

3 in a foreign country in a project funded with 

4 amounts made available to carry out this chap5 ter or any other law providing Federal public 

6 transportation assistance, including any project 

7 for which the Secretary has issued a waiver 

8 under paragraph (3), if the Secretary, in con9 sultation with the United States Trade Rep10 resentative, determines that the foreign country 

11 is in violation of the terms of an agreement 

12 with the United States by discriminating 

13 against steel, iron, or manufactured goods that 

14 are produced in the United States and covered 

15 by the agreement. 

16 ‘‘(8) OPPORTUNITY TO CORRECT INADVERTENT

17 ERROR.—The Secretary may allow a manufacturer 

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

19 correct after bid opening an incomplete Buy America 

20 certificate or an incorrect certificate of noncompli21 ance (but not a failure to sign a certificate, a sub22 mission of both a certificate of compliance and a cer23 tificate of noncompliance, or a failure to submit any 

24 certificate) under this subsection if such manufac25 turer or supplier attests under penalty of perjury 


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1 that such manufacturer or supplier submitted an in2 complete or incorrect certificate as a result of an in3 advertent or clerical error. The burden of estab4 lishing inadvertent or clerical error is on the manu5 facturer or supplier.’’. 

6 (b) REVIEW OF GENERAL PUBLIC INTEREST WAIV7 ERS.— 

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

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

10 5 years thereafter, the Secretary of Transportation 

11 shall review the general public interest waivers de12 scribed in subsection (b) of Appendix A to section 

13 661.7 of title 49, Code of Federal Regulations, to 

14 determine whether continuing such waivers is in the 

15 public interest. 

16 (2) PUBLIC NOTIFICATION OF AND OPPOR17 TUNITY FOR COMMENT ON REVIEW OF STANDING

18 NATIONWIDE WAIVERS.—In conducting a review 

19 under paragraph (1), the Secretary shall provide no20 tice of and an opportunity for public comment on 

21 the review at least 30 days before completing the re22 view. 

23 (3) NOTICE REQUIREMENT.—A notice provided 

24 under paragraph (2) shall be provided by electronic 


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1 means, including on the official public Internet site 

2 of the Department of Transportation. 

3 (4) DETAILED JUSTIFICATION IN FEDERAL

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

5 continue a standing nationwide waiver after a review 

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

7 the Federal Register a detailed justification for such 

8 waiver that addresses the public comments received 

9 under paragraph (2). 

10 SEC. 103. RAIL GRANT BUY AMERICA PROVISIONS. 

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

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

13 ‘‘(a) BUY AMERICA.— 

14 ‘‘(1) DEFINITION OF PRODUCED IN THE

15 UNITED STATES.—In this subsection, the term ‘pro16 duced in the United States’ means, with respect to 

17 iron and steel, an end product for which all manu18 facturing processes occurred in the United States, 

19 other than a metallurgical process relating to the re20 finement of steel. 

21 ‘‘(2) DOMESTIC SOURCE REQUIREMENT FOR

22 STEEL, IRON, AND MANUFACTURED GOODS.— 

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

24 other provision of law, amounts made available 

25 to carry out this chapter, chapter 223, chapter 


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1 261, or section 20154 or 24105 may not be ob2 ligated for a project unless the steel, iron, and 

3 manufactured goods used for the project are 

4 produced in the United States. 

5 ‘‘(B) SCOPE.—This subsection applies to 

6 all contracts for a project carried out within the 

7 scope of the applicable finding, determination, 

8 or decision under the National Environmental 

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

10 regardless of the funding source of those con11 tracts, if at least 1 contract for the project is 

12 funded with amounts made available to carry 

13 out a provision described in subparagraph (A). 

14 ‘‘(3) EXCEPTIONS.— 

15 ‘‘(A) ISSUANCE OF WAIVERS.—The Sec16 retary of Transportation may waive paragraph 

17 (2) if the Secretary determines that— 

18 ‘‘(i) applying paragraph (2) would be 

19 inconsistent with the public interest, as de20 termined in accordance with the regula21 tions issued in accordance with subpara22 graph (B); 

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

24 goods required for a project are not pro25 duced in the United States— 


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1 ‘‘(I) in sufficient and reasonably 

2 available quantities; or 

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

4 ‘‘(iii) the use of steel, iron, and manu5 factured goods produced in the United 

6 States for a project will increase the total 

7 cost of the project by more than 25 per8 cent. 

9 ‘‘(B) RULEMAKING.—Not later than 1 

10 year after the date of the enactment of the In11 vest in American Jobs Act of 2014, the Sec12 retary shall issue regulations establishing the 

13 criteria that the Secretary shall use to deter14 mine whether the application of paragraph (2) 

15 is inconsistent with the public interest for pur16 poses of subparagraph (A)(i). 

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

18 paragraph, labor costs involved in final assem19 bly shall not be included in calculating the cost 

20 of components. 

21 ‘‘(D) REQUESTS FOR WAIVERS.—A recipi22 ent of assistance under this chapter, chapter 

23 223, chapter 261, or section 20154 or 24105 

24 seeking a waiver under subparagraph (A) shall 

25 submit to the Secretary a request for the waiver 


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1 in such form and containing such information 

2 as the Secretary may require. 

3 ‘‘(4) WAIVER REQUIREMENTS.— 

4 ‘‘(A) PUBLIC NOTIFICATION OF AND OP5 PORTUNITY FOR COMMENT ON REQUEST FOR A

6 WAIVER.— 

7 ‘‘(i) IN GENERAL.—If the Secretary 

8 receives a request for a waiver under para9 graph (3), the Secretary shall provide no10 tice of, and an opportunity for, public com11 ment on the request at least 30 days be12 fore making a determination based on the 

13 request. 

14 ‘‘(ii) NOTICE REQUIREMENTS.—A no15 tice under clause (i) shall— 

16 ‘‘(I) include the information 

17 available to the Secretary concerning 

18 the request, including whether the re19 quest is being made under clause (i), 

20 (ii), or (iii) of paragraph (3)(A); and 

21 ‘‘(II) be provided by electronic 

22 means, including on the official public 

23 Internet site of the Department of 

24 Transportation. 


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1 ‘‘(B) DETAILED JUSTIFICATION IN FED2 ERAL REGISTER.—If the Secretary issues a 

3 waiver under paragraph (3), the Secretary shall 

4 publish, in the Federal Register, a detailed jus5 tification for the waiver that— 

6 ‘‘(i) addresses the public comments 

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

8 ‘‘(ii) is published before the waiver 

9 takes effect. 

10 ‘‘(5) STATE REQUIREMENTS.—The Secretary 

11 may not impose a limitation or condition on assist12 ance provided under this chapter, chapter 223, chap13 ter 261, or section 20154 or 24105 that restricts— 

14 ‘‘(A) a State from imposing requirements 

15 that are more stringent than those imposed 

16 under this subsection with respect to limiting 

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

18 produced, or manufactured in foreign countries 

19 for projects carried out with such assistance; or 

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

21 complying with such State requirements. 

22 ‘‘(6) INTENTIONAL VIOLATIONS.—Pursuant to 

23 procedures established under subpart 9.4 of chapter 

24 1 of title 48, Code of Federal Regulations (or suc25 cessor regulations), a person shall be ineligible to reVerDate Mar 15 2010 02:12 Aug 13, 2014 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S2737.IS S2737

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1 ceive a contract or subcontract funded with amounts 

2 made available to carry out this chapter, chapter 

3 223, chapter 261, or section 20154 or 24105 if the 

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

5 instrumentality of the United States, or a court de6 termines that such person intentionally— 

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

8 America’ inscription, or any inscription with the 

9 same meaning, to any steel, iron, or manufac10 tured goods that— 

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

12 this subsection applies; and 

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

14 States; or 

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

16 manufactured goods were produced in the 

17 United States if such items— 

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

19 this subsection applies; and 

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

21 States. 

22 ‘‘(7) CONSISTENCY WITH INTERNATIONAL

23 AGREEMENTS.— 

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

25 be applied in a manner that is consistent with 


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1 United States obligations under international 

2 agreements. 

3 ‘‘(B) TREATMENT OF FOREIGN COUNTRIES

4 IN VIOLATION OF INTERNATIONAL AGREE5 MENTS.—The Secretary shall prohibit the use 

6 of steel, iron, and manufactured goods produced 

7 in a foreign country in a project funded with 

8 amounts made available to carry out this chap9 ter, chapter 223, chapter 261, or section 20154 

10 or 24105, including any project for which the 

11 Secretary has issued a waiver under paragraph 

12 (3), if the Secretary, in consultation with the 

13 United States Trade Representative, determines 

14 that the foreign country is in violation of the 

15 terms of an agreement with the United States 

16 by discriminating against steel, iron, or manu17 factured goods that are produced in the United 

18 States and covered by the agreement. 

19 ‘‘(8) OPPORTUNITY TO CORRECT INADVERTENT

20 ERROR.—The Secretary may allow a manufacturer 

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

22 correct after bid opening an incomplete Buy America 

23 certificate or an incorrect certificate of noncompli24 ance (but not a failure to sign a certificate, a sub25 mission of both a certificate of compliance and a cerVerDate Mar 15 2010 02:12 Aug 13, 2014 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S2737.IS S2737

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1 tificate of noncompliance, or a failure to submit any 

2 certificate) under this subsection if such manufac3 turer or supplier attests under penalty of perjury 

4 that such manufacturer or supplier submitted an in5 complete or incorrect certificate as a result of an in6 advertent or clerical error. The burden of estab7 lishing inadvertent or clerical error is on the manu8 facturer or supplier.’’. 

9 (b) REVIEW OF NATIONWIDE WAIVERS.— 

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

11 the date of the enactment of this Act, and at least 

12 every 5 years thereafter, the Secretary of Transpor13 tation shall review each standing nationwide waiver 

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

15 States Code, to determine whether continuing that 

16 waiver is necessary. 

17 (2) PUBLIC NOTIFICATION OF AND OPPOR18 TUNITY FOR COMMENT ON REVIEW OF STANDING

19 NATIONWIDE WAIVERS.—In conducting a review 

20 under paragraph (1), the Secretary shall provide no21 tice of and an opportunity for public comment on 

22 the review at least 30 days before completing the re23 view. 

24 (3) NOTICE REQUIREMENT.—A notice provided 

25 under paragraph (2) shall be provided by electronic 


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1 means, including on the official public Internet site 

2 of the Department of Transportation. 

3 (4) DETAILED JUSTIFICATION IN FEDERAL

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

5 continue a standing nationwide waiver after a review 

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

7 the Federal Register a detailed justification for such 

8 waiver that addresses the public comments received 

9 under paragraph (2). 

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

11 PROVISIONS. 

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

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

14 amended— 

15 (1) in subparagraph (A), by striking ‘‘and’’ at 

16 the end; 

17 (2) in subparagraph (B), by striking the period 

18 at the end and inserting ‘‘; and’’; and 

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

20 ‘‘(C) the requirements under section 

21 24405(a) of title 49, United States Code.’’. 

22 SEC. 105. AMTRAK BUY AMERICA PROVISIONS. 

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

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

25 ‘‘(f) BUY AMERICA.— 


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1 ‘‘(1) DEFINITION OF PRODUCED IN THE

2 UNITED STATES.—In this subsection, the term ‘pro3 duced in the United States’ means, with respect to 

4 iron and steel, an end product for which all manu5 facturing processes occurred in the United States, 

6 other than a metallurgical process relating to the re7 finement of steel. 

8 ‘‘(2) DOMESTIC SOURCE REQUIREMENT FOR

9 STEEL, IRON, AND MANUFACTURED GOODS.— 

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

11 other provision of law, amounts made available 

12 to Amtrak under section 101(c) of the Pas13 senger Rail Investment and Improvement Act of 

14 2008 (division B of Public Law 110–432) may 

15 not be used for a capital project (as defined in 

16 subparagraphs (A) and (B) of section 

17 24401(2)) to bring the Northeast Corridor to a 

18 state-of-good-repair or for any other capital ex19 pense of Amtrak unless the steel, iron, and 

20 manufactured goods used for the project or 

21 other capital expense are produced in the 

22 United States. 

23 ‘‘(B) SCOPE.—This subsection applies to 

24 all contracts for a project or other capital ex25 pense carried out within the scope of the appliVerDate Mar 15 2010 02:12 Aug 13, 2014 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S2737.IS S2737

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1 cable finding, determination, or decision under 

2 the National Environmental Policy Act of 1969 

3 (42 U.S.C. 4321 et seq.), regardless of the 

4 funding source of such contracts, if at least 1 

5 contract with respect to the project or other 

6 capital expense is funded with amounts made 

7 available under section 101(c) of the Passenger 

8 Rail Investment and Improvement Act of 2008. 

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

10 subsection, the term ‘United States’ means the 

11 States, territories, and possessions of the 

12 United States and the District of Columbia. 

13 ‘‘(3) EXCEPTIONS.— 

14 ‘‘(A) ISSUANCE OF WAIVERS.—The Sec15 retary of Transportation may waive paragraph 

16 (2) if the Secretary determines that— 

17 ‘‘(i) applying paragraph (2) would be 

18 inconsistent with the public interest, as de19 termined in accordance with the regula20 tions issued in accordance with subpara21 graph (B); 

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

23 goods required for a project or other cap24 ital expense are not produced in the 

25 United States— 


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1 ‘‘(I) in sufficient and reasonably 

2 available quantities; or 

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

4 ‘‘(iii) the use of steel, iron, and manu5 factured goods produced in the United 

6 States for a project or other capital ex7 pense will increase the total cost of the 

8 project or expense by more than 25 per9 cent. 

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

11 year after the date of the enactment of the In12 vest in American Jobs Act of 2014, the Sec13 retary shall issue regulations establishing the 

14 criteria that the Secretary shall use to deter15 mine whether the application of paragraph (2) 

16 is inconsistent with the public interest for pur17 poses of subparagraph (A)(i). 

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

19 paragraph, labor costs involved in final assem20 bly shall not be included in calculating the cost 

21 of components. 

22 ‘‘(D) REQUESTS FOR WAIVERS.—If Am23 trak seeks a waiver under subparagraph (A), 

24 Amtrak shall submit to the Secretary a request 


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1 for the waiver in such form and containing such 

2 information as the Secretary may require. 

3 ‘‘(4) WAIVER REQUIREMENTS.— 

4 ‘‘(A) PUBLIC NOTIFICATION OF AND OP5 PORTUNITY FOR COMMENT ON REQUEST FOR A

6 WAIVER.— 

7 ‘‘(i) IN GENERAL.—If the Secretary 

8 receives a request for a waiver from Am9 trak under paragraph (3), the Secretary 

10 shall provide notice of, and an opportunity 

11 for, public comment on the request at least 

12 30 days before making a determination 

13 based on the request. 

14 ‘‘(ii) NOTICE REQUIREMENTS.—A no15 tice under clause (i) shall— 

16 ‘‘(I) include the information 

17 available to the Secretary concerning 

18 the request, including whether the re19 quest is being made under clause (i), 

20 (ii), or (iii) of paragraph (3)(A); and 

21 ‘‘(II) be provided by electronic 

22 means, including on the official public 

23 Internet site of the Department of 

24 Transportation. 


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1 ‘‘(B) DETAILED JUSTIFICATION IN FED2 ERAL REGISTER.—If the Secretary issues a 

3 waiver under paragraph (3), the Secretary shall 

4 publish, in the Federal Register, a detailed jus5 tification for the waiver that— 

6 ‘‘(i) addresses the public comments 

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

8 ‘‘(ii) is published before the waiver 

9 takes effect. 

10 ‘‘(5) STATE REQUIREMENTS.—The Secretary 

11 may not impose a limitation or condition on assist12 ance provided under this section that restricts— 

13 ‘‘(A) a State from imposing requirements 

14 that are more stringent than those imposed 

15 under this subsection with respect to limiting 

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

17 produced, or manufactured in foreign countries 

18 for capital projects or other capital expenses 

19 carried out with such assistance; or 

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

21 complying with such State requirements. 

22 ‘‘(6) INTENTIONAL VIOLATIONS.—Pursuant to 

23 procedures established under subpart 9.4 of chapter 

24 1 of title 48, Code of Federal Regulations (or suc25 cessor regulations), a person shall be ineligible to reVerDate Mar 15 2010 02:12 Aug 13, 2014 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S2737.IS S2737

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1 ceive a contract or subcontract funded with amounts 

2 described in paragraph (2)(A) if the Secretary, the 

3 head of any department, agency, or instrumentality 

4 of the United States, or a court determines that 

5 such person intentionally— 

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

7 America’ inscription, or any inscription with the 

8 same meaning, to any steel, iron, or manufac9 tured goods that— 

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

11 other capital expense to which this sub12 section applies; and 

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

14 States; or 

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

16 manufactured goods were produced in the 

17 United States if such items— 

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

19 other capital expense to which this sub20 section applies; and 

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

22 States. 

23 ‘‘(7) 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 capital project or 

10 other capital expense funded with amounts de11 scribed in paragraph (2)(A), including any 

12 project or capital expense for which the Sec13 retary has issued a waiver under paragraph (3), 

14 if the Secretary, in consultation with the United 

15 States Trade Representative, determines that 

16 the foreign country is in violation of the terms 

17 of an agreement with the United States by dis18 criminating against steel, iron, or manufactured 

19 goods that are produced in the United States 

20 and covered by the agreement.’’. 

21 (b) REVIEW OF NATIONWIDE WAIVERS.— 

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

23 the date of the enactment of this Act, and at least 

24 every 5 years thereafter, the Secretary of Transpor25 tation shall review each standing nationwide waiver 


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

2 States Code, to determine whether continuing such 

3 waiver is necessary. 

4 (2) PUBLIC NOTIFICATION OF AND OPPOR5 TUNITY FOR COMMENT ON REVIEW OF STANDING

6 NATIONWIDE WAIVERS.—In conducting a review 

7 under paragraph (1), the Secretary shall provide no8 tice of and an opportunity for public comment on 

9 the review at least 30 days before completing the re10 view. 

11 (3) NOTICE REQUIREMENT.—A notice provided 

12 under paragraph (2) shall be provided by electronic 

13 means, including on the official public Internet site 

14 of the Department of Transportation. 

15 (4) DETAILED JUSTIFICATION IN FEDERAL

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

17 continue a standing nationwide waiver after a review 

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

19 the Federal Register a detailed justification for such 

20 waiver that addresses the public comments received 

21 under paragraph (2). 

22 SEC. 106. AVIATION BUY AMERICA PROVISIONS. 

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

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


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1 chapter heading and inserting the following: ‘‘BUY 

2 AMERICA’’. 

3 (b) ENHANCEMENTS TO BUY AMERICA REQUIRE4 MENTS.—Section 50101 of such title is amended to read 

5 as follows: 

6 ‘‘§ 50101. Buy America 

7 ‘‘(a) DEFINITION OF PRODUCED IN THE UNITED

8 STATES.—In this section, the term ‘produced in the 

9 United States’ means, with respect to iron and steel, an 

10 end product for which all manufacturing processes oc11 curred in the United States, other than a metallurgical 

12 process relating to the refinement of steel. 

13 ‘‘(b) 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), funds made available to carry out section 

18 106(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 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 a provision specified in 

11 paragraph (1). 

12 ‘‘(c) EXCEPTIONS.— 

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

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

16 ‘‘(A) applying subsection (b) would be in17 consistent with the public interest, as deter18 mined in accordance with the regulations re19 quired 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; or 

25 ‘‘(ii) to 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 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 2014, the Secretary shall issue reg8 ulations establishing the criteria that the Secretary 

9 shall use to determine whether the application of 

10 subsection (b) is inconsistent with the public interest 

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

12 ‘‘(3) LABOR COSTS.—For purposes of this sec13 tion, labor costs involved in final assembly are not 

14 included in calculating the cost of components. 

15 ‘‘(4) REQUESTS FOR WAIVERS.—An entity seek16 ing a waiver under paragraph (1) shall submit to the 

17 Secretary a request for the waiver in such form and 

18 containing such information as the Secretary may 

19 require. 

20 ‘‘(5) PREFERENCE FOR AMERICAN-ASSEMBLED

21 FACILITIES AND EQUIPMENT.—In the procurement 

22 of a facility or equipment subject to a waiver issued 

23 under paragraph (1), the Secretary shall give pref24 erence to a facility or equipment for which final as25 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 finds that a component of the facility or 

4 equipment is not produced in the United States in 

5 sufficient and reasonably available quantities or to a 

6 satisfactory quality, the Secretary may issue a waiv7 er under paragraph (1) with respect to such compo8 nent. 

9 ‘‘(d) 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 (c), the Secretary 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 Secretary concerning the request, in23 cluding whether the request is being made 

24 under subparagraph (A), (B), or (C) of 

25 subsection (c)(1); and 


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

2 including on the official public Internet site 

3 of the Department of Transportation. 

4 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

5 REGISTER.—If the Secretary issues a waiver under 

6 subsection (c), the Secretary 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 ‘‘(e) STATE REQUIREMENTS.—The Secretary may 

14 not impose a limitation or condition on assistance provided 

15 with funds made available to carry out a provision speci16 fied in subsection (b)(1) that restricts— 

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

18 are more stringent than those imposed under this 

19 section with respect to limiting the use of articles, 

20 materials, or supplies mined, produced, or manufac21 tured in foreign countries for projects carried out 

22 with such assistance; or 

23 ‘‘(2) any recipient of such assistance from com24 plying with such State requirements. 


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1 ‘‘(f) 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 (b)(1), 

12 including any project for which the Secretary has 

13 issued a waiver under subsection (c), 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.— 

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

11 the date of enactment of this Act, and not less fre12 quently than every 5 years thereafter, the Secretary 

13 of Transportation shall review each standing nation14 wide waiver issued under section 50101 of title 49, 

15 United States Code, to determine whether con16 tinuing such waiver is necessary. 

17 (2) PUBLIC NOTIFICATION OF AND OPPOR18 TUNITY FOR COMMENT ON REVIEW OF STANDING

19 NATIONWIDE WAIVERS.—In conducting a review 

20 under paragraph (1), the Secretary shall provide no21 tice of and an opportunity for public comment on 

22 the review at least 30 days before completing the re23 view. 

24 (3) NOTICE REQUIREMENT.—A notice provided 

25 under paragraph (2) shall be provided by electronic 


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1 means, including on the official public Internet site 

2 of the Department of Transportation. 

3 (4) DETAILED JUSTIFICATION IN FEDERAL

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

5 continue a standing nationwide waiver after a review 

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

7 the Federal Register a detailed justification for such 

8 waiver that addresses the public comments received 

9 under paragraph (2). 

10 SEC. 107. DEPARTMENT OF TRANSPORTATION BUY AMER11 ICA ANNUAL REPORT. 

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

13 amended by adding at the end the following: 

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

15 each year beginning after the date of enactment of this 

16 subsection, the Secretary shall submit to Congress a re17 port that— 

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

19 the Secretary issued a waiver from a Buy America 

20 requirement during the preceding calendar year; 

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

22 specifications for steel, iron, or manufactured goods 

23 acquired pursuant to each waiver from a Buy Amer24 ica requirement issued by the Secretary during the 

25 preceding calendar year; 


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

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

4 waiver, including the specific law, treaty, or inter5 national agreement under which the waiver was 

6 granted; 

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

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

9 produced in the United States for projects with 

10 respect to which a Buy America requirement, 

11 under which the Secretary has waiver authority, 

12 applied during the preceding calendar year; and 

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

14 produced outside the United States for projects 

15 with respect to which the Secretary issued a 

16 waiver from a Buy America requirement during 

17 the preceding calendar year; and 

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

19 the cumulative effect of all waivers from a Buy 

20 America requirement issued by the Secretary during 

21 the preceding calendar year on manufacturing em22 ployment in the United States.’’. 


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1 TITLE II—OTHER 

2 INFRASTRUCTURE INVESTMENT 

3 SEC. 201. DRINKING WATER TREATMENT BUY AMERICA 

4 PROVISIONS. 

5 (a) IN GENERAL.—Section 1452(a) of the Safe 

6 Drinking Water Act (42 U.S.C. 300j–12(a)) is amended 

7 by adding at the end the following: 

8 ‘‘(4) REQUIREMENT FOR USE OF AMERICAN MA9 TERIALS.— 

10 ‘‘(A) DEFINITION OF PRODUCED IN THE

11 UNITED STATES.—In this paragraph, the term 

12 ‘produced in the United States’ means, with re13 spect to iron and steel, an end product for 

14 which all manufacturing processes occurred in 

15 the United States, other than a metallurgical 

16 process relating to the refinement of steel. 

17 ‘‘(B) REQUIREMENT.—Notwithstanding 

18 any other provision of law, none of the funds 

19 made available by a State loan fund, as author20 ized under this section, may be used for a 

21 project for the construction, alteration, mainte22 nance, or repair of a public water system unless 

23 the steel, iron, and manufactured goods used in 

24 that project are produced in the United States. 


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1 ‘‘(C) WAIVERS.—Subparagraph (B) shall 

2 not apply in any case in which the Adminis3 trator, in consultation with the Governor of the 

4 applicable State, finds that— 

5 ‘‘(i) applying subparagraph (B) would 

6 be inconsistent with the public interest; 

7 ‘‘(ii) the steel, iron, and manufactured 

8 goods are not produced in the United 

9 States in sufficient and reasonably avail10 able quantities and of a satisfactory qual11 ity; or 

12 ‘‘(iii) inclusion of steel, iron, and man13 ufactured goods produced in the United 

14 States will increase the cost of the overall 

15 project by more than 25 percent. 

16 ‘‘(D) PUBLIC NOTIFICATION AND WRITTEN

17 JUSTIFICATION FOR WAIVER.—If the Adminis18 trator determines that it is necessary to waive 

19 the application of subparagraph (B) based on a 

20 finding under subparagraph (C), the Adminis21 trator shall— 

22 ‘‘(i) not less than 15 days prior to 

23 waiving the application of subparagraph 

24 (B), provide public notice and the opporVerDate Mar 15 2010 02:12 Aug 13, 2014 Jkt 039200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S2737.IS S2737

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1 tunity to comment on the intent of the Ad2 ministrator to issue the waiver; and 

3 ‘‘(ii) on issuing the waiver, publish in 

4 the Federal Register a detailed written jus5 tification as to why the provision is being 

6 waived. 

7 ‘‘(E) ANNUAL REPORT.—Not later than 

8 the first February 1 after the date of enact9 ment of this paragraph and not later than each 

10 February 1 thereafter, the Administrator shall 

11 submit to the Committee on Transportation and 

12 Infrastructure of the House of Representatives 

13 and the Committee on Environment and Public 

14 Works of the Senate a report that— 

15 ‘‘(i) specifies each project with respect 

16 to which the Administrator issued a waiver 

17 under subparagraph (C) during the pre18 ceding calendar year; 

19 ‘‘(ii) identifies the country of origin 

20 and product specifications for steel, iron, 

21 or manufactured goods acquired pursuant 

22 to each waiver under subparagraph (C) 

23 issued by the Administrator during the 

24 preceding calendar year; 


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1 ‘‘(iii) summarizes the monetary value 

2 of contracts awarded pursuant to each 

3 waiver; 

4 ‘‘(iv) provides the justification for 

5 each waiver, including the specific law, 

6 treaty, or international agreement under 

7 which the waiver was granted; 

8 ‘‘(v) summarizes the amounts ex9 pended on— 

10 ‘‘(I) steel, iron, and manufac11 tured goods produced in the United 

12 States for projects with respect to 

13 which the Buy America requirement 

14 under this section applied during the 

15 preceding calendar year; and 

16 ‘‘(II) steel, iron, and manufac17 tured goods produced outside the 

18 United States for projects with re19 spect to which the Administrator 

20 issued a waiver under subparagraph 

21 (C) during the preceding calendar 

22 year; and 

23 ‘‘(vi) provides an employment impact 

24 analysis of the cumulative effect of all 

25 waivers under subparagraph (C) issued by 


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1 the Administrator during the preceding 

2 calendar year on manufacturing employ3 ment in the United States. 

4 ‘‘(F) STATE REQUIREMENTS.—The Ad5 ministrator may not impose a limitation or con6 dition on assistance provided under this section 

7 that restricts— 

8 ‘‘(i) a State from imposing require9 ments that are more stringent than those 

10 imposed under this paragraph with respect 

11 to limiting the use of articles, materials, or 

12 supplies mined, produced, or manufactured 

13 in foreign countries for projects carried out 

14 with such assistance; or 

15 ‘‘(ii) any recipient of such assistance 

16 from complying with such State require17 ments. 

18 ‘‘(G) INTENTIONAL VIOLATIONS.—Pursu19 ant to procedures established under subpart 9.4 

20 of chapter 1 of title 48, Code of Federal Regu21 lations (or successor regulations), a person shall 

22 be ineligible to receive a contract or subcontract 

23 funded with amounts made available from a 

24 State loan fund if the Administrator, the head 

25 of any department, agency, or instrumentality 


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•S 2737 IS

1 of the United States, or a court determines that 

2 such person intentionally— 

3 ‘‘(i) affixed a label bearing a ‘Made in 

4 America’ inscription, or any inscription 

5 with the same meaning, to any steel, iron, 

6 or manufactured goods that— 

7 ‘‘(I) were used in a project to 

8 which this section applies; and 

9 ‘‘(II) were not produced in the 

10 United States; or 

11 ‘‘(ii) represented that any steel, iron, 

12 or manufactured goods were produced in 

13 the United States that— 

14 ‘‘(I) were used in a project to 

15 which this paragraph applies; and 

16 ‘‘(II) were not produced in the 

17 United States. 

18 ‘‘(H) CONSISTENCY WITH INTERNATIONAL

19 AGREEMENTS.— 

20 ‘‘(i) IN GENERAL.—This paragraph 

21 shall be applied in a manner that is con22 sistent with United States obligations 

23 under international agreements. 

24 ‘‘(ii) TREATMENT OF FOREIGN COUN25 TRIES IN VIOLATION OF INTERNATIONAL


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•S 2737 IS

1 AGREEMENTS.—The Administrator shall 

2 prohibit the use of steel, iron, and manu3 factured goods produced in a foreign coun4 try in a project funded with amounts made 

5 available from a State loan fund, including 

6 any project for which the Administrator 

7 has issued a waiver under subparagraph 

8 (C), if the Administrator, in consultation 

9 with the United States Trade Representa10 tive, determines that the foreign country is 

11 in violation of the terms of an agreement 

12 with the United States by discriminating 

13 against steel, iron, or manufactured goods 

14 that are produced in the United States and 

15 covered by the agreement.’’. 

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

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

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

19 Environmental Protection Agency shall review each stand20 ing nationwide waiver issued under paragraph (4) of sec21 tion 1452(a) of the Safe Drinking Water Act (42 U.S.C. 

22 300j–12(a)) (as added by this section) to determine 

23 whether continuing that waiver is necessary. 


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1 SEC. 202. ECONOMIC DEVELOPMENT BUY AMERICA PROVI2 SIONS. 

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

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

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

6 ‘‘SEC. 613. BUY AMERICA. 

7 ‘‘(a) DEFINITION OF PRODUCED IN THE UNITED

8 STATES.—In this section, the term ‘produced in the 

9 United States’ means, with respect to iron and steel, an 

10 end product for which all manufacturing processes oc11 curred in the United States, other than a metallurgical 

12 process relating to the refinement of steel. 

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

14 IRON, AND MANUFACTURED GOODS.— 

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

16 provision of law, amounts made available to carry 

17 out section 201 or 209 may not be obligated for a 

18 project unless the steel, iron, and manufactured 

19 goods used for the project are produced in the 

20 United States. 

21 ‘‘(2) SCOPE.—This section applies to all con22 tracts for a project carried out within the scope of 

23 the applicable finding, determination, or decision 

24 under the National Environmental Policy Act of 

25 1969 (42 U.S.C. 4321 et seq.) regardless of the 

26 funding source of those contracts, if at least one 


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•S 2737 IS

1 contract for the project is funded with amounts 

2 made available to carry out section 201 or 209. 

3 ‘‘(c) EXCEPTIONS.— 

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

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

6 the Secretary finds that— 

7 ‘‘(A) applying subsection (b) 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 Sec23 retary shall issue regulations establishing the criteria 

24 that the Secretary shall use to determine whether 


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1 the application of subsection (b) is inconsistent with 

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

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

4 assistance under section 201 or 209 seeking a waiv5 er under paragraph (1) shall submit to the Secretary 

6 a request for the waiver in such form and containing 

7 such information as the Secretary may require. 

8 ‘‘(d) WAIVER REQUIREMENTS.— 

9 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR10 TUNITY FOR COMMENT ON REQUEST FOR A WAIV11 ER.— 

12 ‘‘(A) IN GENERAL.—If the Secretary re13 ceives a request for a waiver under subsection 

14 (c), the Secretary shall provide notice of and an 

15 opportunity for public comment on the request 

16 at least 30 days before making a finding based 

17 on the request. 

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

19 provided under subparagraph (A) shall— 

20 ‘‘(i) include the information available 

21 to the Secretary concerning the request, in22 cluding whether the request is being made 

23 under subparagraph (A), (B), or (C) of 

24 subsection (c)(1); and 


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•S 2737 IS

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

2 including on the official public Internet site 

3 of the Department. 

4 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

5 REGISTER.—If the Secretary issues a waiver under 

6 subsection (c), the Secretary 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 the 

14 first February 1 after the date of enactment of this 

15 section and not later than each February 1 there16 after, the Secretary shall submit to the Committee 

17 on Transportation and Infrastructure of the House 

18 of Representatives and the Committee on Environ19 ment and Public Works of the Senate a report 

20 that— 

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

22 which the Secretary issued a waiver under sub23 section (c) during the preceding calendar year; 

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

25 product specifications for steel, iron, or manuVerDate Mar 15 2010 02:12 Aug 13, 2014 Jkt 039200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S2737.IS S2737

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1 factured goods acquired pursuant to each waiv2 er under subsection (c) issued by the Secretary 

3 during the preceding calendar year; 

4 ‘‘(C) summarizes the monetary value of 

5 contracts awarded pursuant to each waiver; 

6 ‘‘(D) provides the justification for each 

7 waiver, including the specific law, treaty, or 

8 international agreement under which the waiver 

9 was granted; 

10 ‘‘(E) summarizes the amounts expended 

11 on— 

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

13 goods produced in the United States for 

14 projects with respect to which the Buy 

15 America requirement under this section 

16 applied during the preceding calendar year; 

17 and 

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

19 goods produced outside the United States 

20 for projects with respect to which the Sec21 retary issued a waiver under subsection (c) 

22 during the preceding calendar year; and 

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

25 under subsection (c) issued by the Secretary 


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•S 2737 IS

1 during the preceding calendar year on manufac2 turing employment in the United States. 

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

4 not impose a limitation or condition on assistance provided 

5 under section 201 or 209 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 ‘‘(f) INTENTIONAL VIOLATIONS.—Pursuant to proce15 dures established under subpart 9.4 of chapter 1 of title 

16 48, Code of Federal Regulations (or successor regula17 tions), a person shall be ineligible to receive a contract 

18 or subcontract funded with amounts made available to 

19 carry out section 201 or 209 if the Secretary, the head 

20 of any department, agency, or instrumentality of the 

21 United States, or a court determines that such person in22 tentionally— 

23 ‘‘(1) affixed a label bearing a ‘Made in Amer24 ica’ inscription, or any inscription with the same 


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•S 2737 IS

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 ‘‘(g) 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 Secretary shall prohibit the use of steel, iron, and 

22 manufactured goods produced in a foreign country 

23 in a project funded with amounts made available to 

24 carry out section 201 or 209, including any project 

25 for which the Secretary has issued a waiver under 


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•S 2737 IS

1 subsection (c), if the Secretary, in consultation with 

2 the United States Trade Representative, determines 

3 that the foreign country is in violation of the terms 

4 of an agreement with the United States by discrimi5 nating against steel, iron, or manufactured goods 

6 that are produced in the United States and covered 

7 by the agreement.’’. 

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

9 in section 1(b) of the Public Works and Economic Devel10 opment Act of 1965 is amended by inserting after the item 

11 relating to section 612 the following: 

‘‘613. Buy America.’’. 

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

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

14 at least every 5 years thereafter, the Secretary of Com15 merce shall review each standing nationwide waiver issued 

16 under section 613 of the Public Works and Economic De17 velopment Act of 1965 (as added by this section) to deter18 mine whether continuing that waiver is necessary. 

19 SEC. 203. FEMA MITIGATION GRANT BUY AMERICA PROVI20 SIONS. 

21 (a) IN GENERAL.—Title VII of the Robert T. Staf22 ford Disaster Relief and Emergency Assistance Act (42 

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

24 the following: 


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1 ‘‘SEC. 707. BUY AMERICA. 

2 ‘‘(a) DEFINITION OF PRODUCED IN THE UNITED

3 STATES.—In this section, the term ‘produced in the 

4 United States’ means, with respect to iron and steel, an 

5 end product for which all manufacturing processes oc6 curred in the United States, other than a metallurgical 

7 process relating to the refinement of steel. 

8 ‘‘(b) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 

9 IRON, AND MANUFACTURED GOODS.— 

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

11 provision of law, funds made available under section 

12 203, 404, 406, 417, or 614 may not be obligated for 

13 a project unless the steel, iron, and manufactured 

14 goods used for the project are produced in the 

15 United States. 

16 ‘‘(2) SCOPE.—This section applies to all con17 tracts for a project carried out within the scope of 

18 the applicable finding, determination, or decision 

19 under the National Environmental Policy Act of 

20 1969 (42 U.S.C. 4321 et seq.), regardless of the 

21 funding source of those contracts, if at least one 

22 contract for the project is funded with amounts 

23 made available to carry out a section specified in 

24 paragraph (1). 

25 ‘‘(c) EXCEPTIONS.— 


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

2 may waive subsection (b) only if the President finds 

3 that— 

4 ‘‘(A) applying subsection (b) would be in5 consistent with the public interest, as deter6 mined in accordance with the regulations issued 

7 in accordance with paragraph (2); 

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

9 goods required for a project are not produced in 

10 the United States— 

11 ‘‘(i) in sufficient and reasonably avail12 able quantities; or 

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

14 ‘‘(C) the use of steel, iron, and manufac15 tured goods produced in the United States for 

16 a project will increase the total cost of the 

17 project by more than 25 percent. 

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

19 after the date of enactment of the Invest in Amer20 ican Jobs Act of 2014, the President shall issue reg21 ulations establishing the criteria that the President 

22 shall use to determine whether the application of 

23 subsection (b) is inconsistent with the public interest 

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


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

2 assistance under a section specified in subsection 

3 (b)(1) seeking a waiver under paragraph (1) of this 

4 subsection shall submit to the President a request 

5 for the waiver in such form and containing such in6 formation as the President may require. 

7 ‘‘(d) WAIVER REQUIREMENTS.— 

8 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR9 TUNITY FOR COMMENT ON REQUEST FOR A WAIV10 ER.— 

11 ‘‘(A) IN GENERAL.—If the President re12 ceives a request for a waiver under subsection 

13 (c), the President shall provide notice of and an 

14 opportunity for public comment on the request 

15 at least 30 days before making a finding based 

16 on the request. 

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

18 provided under subparagraph (A) shall— 

19 ‘‘(i) include the information available 

20 to the President concerning the request, 

21 including whether the request is being 

22 made under subparagraph (A), (B), or (C) 

23 of subsection (c)(1); and 


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•S 2737 IS

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

2 including on the official public Internet site 

3 of the President. 

4 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

5 REGISTER.—If the President issues a waiver under 

6 subsection (c), 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 the Invest in American Jobs Act of 2014, 

16 the President, acting through the Administrator of 

17 the Federal Emergency Management Agency, shall 

18 submit to the Committee on Homeland Security and 

19 Governmental Affairs of the Senate and the Com20 mittee on Transportation and Infrastructure of the 

21 House of Representatives a report that— 

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

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


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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 (c) 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 (c) during the preceding calendar year; and 


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

3 under subsection (c) issued by the President 

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

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

7 not impose a limitation or condition on assistance provided 

8 under a section specified in subsection (b)(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 ‘‘(f) INTENTIONAL VIOLATIONS.—Pursuant to proce19 dures established under subpart 9.4 of chapter 1 of title 

20 48, Code of Federal Regulations (or successor regula21 tions), a person shall be ineligible to receive a contract 

22 or subcontract funded with amounts made available to 

23 carry out a section specified in subsection (b)(1) if the 

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1 mentality of the United States, or a court determines that 

2 such person intentionally— 

3 ‘‘(1) affixed a label bearing a ‘Made in Amer4 ica’ inscription, or any inscription with the same 

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

6 that— 

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

8 section applies; and 

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

10 States; or 

11 ‘‘(2) represented that any steel, iron, or manu12 factured goods were produced in the United States 

13 that— 

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

15 section applies; and 

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

17 States. 

18 ‘‘(g) CONSISTENCY WITH INTERNATIONAL AGREE19 MENTS.— 

20 ‘‘(1) IN GENERAL.—This section shall be ap21 plied in a manner that is consistent with United 

22 States obligations under international agreements. 

23 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

24 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

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


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•S 2737 IS

1 manufactured goods produced in a foreign country 

2 in a project funded with amounts made available to 

3 carry out a section specified in subsection (b)(1), in4 cluding any project for which the President has 

5 issued a waiver under subsection (c), if the Presi6 dent, in consultation with the United States Trade 

7 Representative, determines that the foreign country 

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

9 United States by discriminating against steel, iron, 

10 or manufactured goods that are produced in the 

11 United States and covered by the agreement. 

12 ‘‘(h) EMERGENCY WAIVER.—Notwithstanding any 

13 other provision of this section, the President may waive 

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

15 an emergency.’’. 

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

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

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

19 each standing nationwide waiver issued under section 707 

20 of the Robert T. Stafford Disaster Relief and Emergency 

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

22 whether continuing such waiver is necessary. 

23 (c) REPEAL OF BUY AMERICA REQUIREMENTS.— 

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

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


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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 fol6 lowing: 

7 ‘‘SEC. 14. BUY AMERICA. 

8 ‘‘(a) DEFINITION OF PRODUCED IN THE UNITED

9 STATES.—In this section, the term ‘produced in the 

10 United States’ means, with respect to iron and steel, an 

11 end product for which all manufacturing processes oc12 curred in the United States, other than a metallurgical 

13 process relating to the refinement of steel. 

14 ‘‘(b) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 

15 IRON, AND MANUFACTURED GOODS.— 

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

17 provision of law, amounts made available to carry 

18 out this Act may not be used, in whole or in part, 

19 for a project for the alteration of a bridge unless the 

20 steel, iron, and manufactured goods used for the 

21 project are produced in the United States. 

22 ‘‘(2) SCOPE.—This section applies to all con23 tracts for a project carried out within the scope of 

24 the applicable finding, determination, or decision 

25 under the National Environmental Policy Act of 

26 1969 (42 U.S.C. 4321 et seq.), regardless of the 


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•S 2737 IS

1 funding source of those contracts, if at least one 

2 contract for the project is funded with amounts 

3 made available to carry out this Act. 

4 ‘‘(c) EXCEPTIONS.— 

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

6 may waive the requirements of subsection (b) only if 

7 the Secretary finds that— 

8 ‘‘(A) applying subsection (b) would be in9 consistent with the public interest, as deter10 mined in accordance with the regulations re11 quired under paragraph (2); 

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

13 goods required for a project are not produced in 

14 the United States— 

15 ‘‘(i) in sufficient and reasonably avail16 able quantities; or 

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

18 ‘‘(C) the use of steel, iron, and manufac19 tured goods produced in the United States for 

20 a project will increase the total cost of the 

21 project by more than 25 percent. 

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

23 after the date of enactment of this section, the Sec24 retary shall issue regulations establishing the criteria 

25 that the Secretary shall use to determine whether 


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•S 2737 IS

1 the application of subsection (b) is inconsistent with 

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

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

4 assistance under this Act seeking a waiver under 

5 paragraph (1) shall submit to the Secretary a re6 quest for the waiver in such form and containing 

7 such information as the Secretary may require. 

8 ‘‘(d) WAIVER REQUIREMENTS.— 

9 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR10 TUNITY FOR COMMENT ON REQUEST FOR A WAIV11 ER.— 

12 ‘‘(A) IN GENERAL.—If the Secretary re13 ceives a request for a waiver under subsection 

14 (c), the Secretary shall provide notice of and an 

15 opportunity for public comment on the request 

16 at least 30 days before making a finding based 

17 on the request. 

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

19 provided under subparagraph (A) shall— 

20 ‘‘(i) include the information available 

21 to the Secretary concerning the request, in22 cluding whether the request is being made 

23 under subparagraph (A), (B), or (C) of 

24 subsection (c)(1); and 


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•S 2737 IS

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

2 including on the official public Internet site 

3 of the department in which the Coast 

4 Guard is operating. 

5 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

6 REGISTER.—If the Secretary issues a waiver under 

7 subsection (c), the Secretary shall publish in the 

8 Federal Register a detailed justification for the 

9 waiver 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 ‘‘(3) ANNUAL REPORT.—Not later than the 

15 first February 1 after the date of enactment of this 

16 section and not later than each February 1 there17 after, the Secretary shall submit to the Committee 

18 on Transportation and Infrastructure of the House 

19 of Representatives and the Committee on Commerce, 

20 Science, and Transportation of the Senate a report 

21 that— 

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

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


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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 (c) issued by the Secretary 

5 during the preceding calendar year; 

6 ‘‘(C) summarizes the monetary value of 

7 contracts awarded pursuant to each waiver; 

8 ‘‘(D) provides the justification for each 

9 waiver, including the specific law, treaty, or 

10 international agreement under which the waiver 

11 was granted; 

12 ‘‘(E) summarizes the amounts expended 

13 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 Sec23 retary issued a waiver under subsection (c) 

24 during the preceding calendar year; and 


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•S 2737 IS

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

3 under subsection (c) issued by the Secretary 

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

6 ‘‘(e) STATE REQUIREMENTS.—The Secretary may 

7 not impose a limitation or condition on assistance provided 

8 under this Act 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 ‘‘(f) INTENTIONAL VIOLATIONS.—Pursuant to proce18 dures established under subpart 9.4 of chapter 1 of title 

19 48, Code of Federal Regulations (or successor regula20 tions), a person shall be ineligible to receive a contract 

21 or subcontract funded with amounts made available under 

22 this Act if the Secretary, the head of any department, 

23 agency, or instrumentality of the United States, or a court 

24 determines that such person intentionally— 


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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 ‘‘(g) 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 Secretary 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 


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1 under this Act, including any project for which the 

2 Secretary has issued a waiver under subsection (c), 

3 if the Secretary, in consultation with the United 

4 States Trade Representative, determines that the 

5 foreign country is in violation of the terms of an 

6 agreement with the United States by discriminating 

7 against steel, iron, or manufactured goods that are 

8 produced in the United States and covered by the 

9 agreement. 

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

11 other provision of this section, the Secretary 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 Secretary of the de17 partment in which the Coast Guard is operating shall re18 view each standing nationwide waiver issued under section 

19 14 of the Act of June 21, 1940 (as added by this section), 

20 to determine whether continuing that waiver is necessary. 

Æ 


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