‘‘(4) STATE
REQUIREMENTS.—The Secretary 
may not impose a limitation or condition on assist-
ance provided under this chapter, chapter 223, chap-
ter 261, or section 20154 or 24105 that restricts— 
‘‘(A) a State from imposing requirements 
that are more stringent than those imposed 
under this subsection with respect to limiting 
the use of articles, materials, or supplies mined, 
produced, or manufactured in foreign countries 
for projects carried out with such assistance; or 
‘‘(B) any recipient of such assistance from 
complying with such State requirements. 
‘‘(5) INTENTIONAL VIOLATIONS.—Pursuant to 
procedures established under subpart 9.4 of chapter 
1 of title 48, Code of Federal Regulations, a person 
shall be ineligible to receive a contract or sub-
contract funded with amounts made available to 
carry out this chapter, chapter 223, chapter 261, or 
section 20154 or 24105 if the Secretary, the head 
of any department, agency, or instrumentality of the 
United States, or a court determines that such per-
son intentionally— 
‘‘(A) affixed a label bearing a ‘Made in 
America’ inscription, or any inscription with the 
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same meaning, to any steel, iron, or manufac-
tured goods that— 
‘‘(i) were used in a project to which 
this subsection applies; and 
‘‘(ii) were not produced in the United 
States; or 
‘‘(B) represented that any steel, iron, or 
manufactured goods were produced in the 
United States that— 
‘‘(i) were used in a project to which 
this subsection applies; and 
‘‘(ii) were not produced in the United 
States. 
‘‘(6) 
CONSISTENCY
WITH
INTERNATIONAL 
AGREEMENTS.— 
‘‘(A) IN GENERAL.—This subsection shall 
be applied in a manner that is consistent with 
United States obligations under international 
agreements. 
‘‘(B) TREATMENT OF FOREIGN COUNTRIES 
IN
VIOLATION
OF
INTERNATIONAL
AGREE-
MENTS.—The Secretary shall prohibit the use 
of steel, iron, and manufactured goods produced 
in a foreign country in a project funded with 
amounts made available to carry out this chap-
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ter, chapter 223, chapter 261, or section 20154 
or 24105, including any project for which the 
Secretary has issued a waiver under paragraph 
(2), if the Secretary, in consultation with the 
United States Trade Representative, determines 
that the foreign country is in violation of the 
terms of an agreement with the United States 
by discriminating against steel, iron, or manu-
factured goods that are produced in the United 
States and covered by the agreement. 
‘‘(7) OPPORTUNITY TO CORRECT INADVERTENT 
ERROR.—The Secretary may allow a manufacturer 
or supplier of steel, iron, or manufactured goods to 
correct after bid opening an incomplete Buy America 
certificate or an incorrect certificate of noncompli-
ance (but not a failure to sign a certificate, a sub-
mission of both a certificate of compliance and a cer-
tificate of noncompliance, or a failure to submit any 
certificate) under this subsection if such manufac-
turer or supplier attests under penalty of perjury 
that such manufacturer or supplier submitted an in-
complete or incorrect certificate as a result of an in-
advertent or clerical error. The burden of estab-
lishing inadvertent or clerical error is on the manu-
facturer or supplier.’’. 
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(b) REVIEW OF NATIONWIDE WAIVERS.—Not later 
than 1 year after the date of enactment of this Act, and 
at least every 5 years thereafter, the Secretary of Trans-
portation shall review each standing nationwide waiver 
issued under section 24405(a) of title 49, United States 
Code, to determine whether continuing such waiver is nec-
essary. 
SEC. 104. RAIL LOAN AND LOAN GUARANTEE BUY AMERICA 
PROVISIONS. 
Section 502(h)(3) of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 822(h)(3)) is 
amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (A); 
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) the requirements of section 24405(a) 
of title 49, United States Code.’’. 
SEC. 105. AMTRAK BUY AMERICA PROVISIONS. 
(a) IN GENERAL.—Section 24305(f) of title 49, 
United States Code, is amended to read as follows: 
‘‘(f) BUY AMERICA.— 
‘‘(1) DOMESTIC
SOURCE
REQUIREMENT
FOR 
STEEL, IRON, AND MANUFACTURED GOODS.— 
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‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, funds made available to 
Amtrak under section 101(c) of the Passenger 
Rail Investment and Improvement Act of 2008 
(122 Stat. 4908) may not be used for a capital 
project (as defined in subparagraphs (A) and 
(B) of section 24401(2)) to bring the Northeast 
Corridor to a state-of-good-repair or for any 
other capital expense of Amtrak unless the 
steel, iron, and manufactured goods used for 
the project or other capital expense are pro-
duced in the United States. 
‘‘(B) SCOPE.—The requirements of this 
subsection apply to all contracts for a project or 
other capital expense carried out within the 
scope of the applicable finding, determination, 
or decision under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
regardless of the funding source of such con-
tracts, if at least one contract with respect to 
the project or other capital expense is funded 
with amounts made available under section 
101(c) of the Passenger Rail Investment and 
Improvement Act of 2008 (122 Stat. 4908). 
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‘‘(C) UNITED STATES DEFINED.—In this 
subsection, the term ‘United States’ means the 
States, territories, and possessions of the 
United States and the District of Columbia. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) ISSUANCE
OF
WAIVERS.—The Sec-
retary of Transportation may waive the require-
ments of paragraph (1) only if the Secretary 
finds that— 
‘‘(i) applying paragraph (1) would be 
inconsistent with the public interest, as de-
termined in accordance with the regula-
tions required under subparagraph (B); 
‘‘(ii) the steel, iron, or manufactured 
goods required for a project or other cap-
ital expense are not produced in the 
United States— 
‘‘(I) in sufficient and reasonably 
available quantities; or 
‘‘(II) to a satisfactory quality; or 
‘‘(iii) the use of steel, iron, and manu-
factured goods produced in the United 
States for a project or other capital ex-
pense will increase the total cost of the 
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project or expense by more than 25 per-
cent. 
‘‘(B) REGULATIONS.—Not later than 1 
year after the date of enactment of the Invest 
in American Jobs Act of 2013, the Secretary 
shall issue regulations establishing the criteria 
that the Secretary shall use to determine 
whether the application of paragraph (1) is in-
consistent with the public interest for purposes 
of subparagraph (A)(i). 
‘‘(C) LABOR COSTS.—For purposes of this 
paragraph, labor costs involved in final assem-
bly shall not be included in calculating the cost 
of components. 
‘‘(D) REQUESTS
FOR
WAIVERS.—If Am-
trak seeks a waiver under subparagraph (A), 
Amtrak shall submit to the Secretary a request 
for the waiver in such form and containing such 
information as the Secretary may require. 
‘‘(3) WAIVER REQUIREMENTS.— 
‘‘(A) PUBLIC NOTIFICATION OF AND OP-
PORTUNITY FOR COMMENT ON REQUEST FOR A 
WAIVER.— 
‘‘(i) IN
GENERAL.—If the Secretary 
receives a request for a waiver from Am-
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trak under paragraph (2), the Secretary 
shall provide notice of and an opportunity 
for public comment on the request at least 
30 days before making a finding based on 
the request. 
‘‘(ii) NOTICE REQUIREMENTS.—A no-
tice provided under clause (i) shall— 
‘‘(I) 
include 
the 
information 
available to the Secretary concerning 
the request, including whether the re-
quest is being made under paragraph 
(2)(A)(i), (2)(A)(ii), or (2)(A)(iii); 
and 
‘‘(II) be provided by electronic 
means, including on the official public 
Internet Web site of the Department 
of Transportation. 
‘‘(B) DETAILED
JUSTIFICATION
IN
FED-
ERAL
REGISTER.—If the Secretary issues a 
waiver under paragraph (2), the Secretary shall 
publish in the Federal Register a detailed jus-
tification for the waiver that— 
‘‘(i) addresses the public comments 
received under subparagraph (A)(i); and 
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‘‘(ii) is published before the waiver 
takes effect. 
‘‘(4) STATE
REQUIREMENTS.—The Secretary 
may not impose a limitation or condition on assist-
ance provided with funds described in paragraph 
(1)(A) that restricts— 
‘‘(A) a State from imposing requirements 
that are more stringent than those imposed 
under this subsection with respect to limiting 
the use of articles, materials, or supplies mined, 
produced, or manufactured in foreign countries 
for capital projects or other capital expenses 
carried out with such assistance; or 
‘‘(B) any recipient of such assistance from 
complying with such State requirements. 
‘‘(5) INTENTIONAL VIOLATIONS.—Pursuant to 
procedures established under subpart 9.4 of chapter 
1 of title 48, Code of Federal Regulations, a person 
shall be ineligible to receive a contract or sub-
contract funded with funds described in paragraph 
(1)(A) if the Secretary, the head of any department, 
agency, or instrumentality of the United States, or 
a court determines that such person intentionally— 
‘‘(A) affixed a label bearing a ‘Made in 
America’ inscription, or any inscription with the 
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same meaning, to any steel, iron, or manufac-
tured goods that— 
‘‘(i) were used in a capital project or 
other capital expense to which this sub-
section applies; and 
‘‘(ii) were not produced in the United 
States; or 
‘‘(B) represented that any steel, iron, or 
manufactured goods were produced in the 
United States that— 
‘‘(i) were used in a capital project or 
other capital expense to which this sub-
section applies; and 
‘‘(ii) were not produced in the United 
States. 
‘‘(6) 
CONSISTENCY
WITH
INTERNATIONAL 
AGREEMENTS.— 
‘‘(A) IN GENERAL.—This subsection shall 
be applied in a manner that is consistent with 
United States obligations under international 
agreements. 
‘‘(B) TREATMENT OF FOREIGN COUNTRIES 
IN
VIOLATION
OF
INTERNATIONAL
AGREE-
MENTS.—The Secretary shall prohibit the use 
of steel, iron, and manufactured goods produced 
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in a foreign country in a capital project or 
other capital expense funded with funds de-
scribed in paragraph (1)(A), including any 
project or capital expense for which the Sec-
retary has issued a waiver under paragraph (2), 
if the Secretary, in consultation with the United 
States Trade Representative, determines that 
the foreign country is in violation of the terms 
of an agreement with the United States by dis-
criminating against steel, iron, or manufactured 
goods that are produced in the United States 
and covered by the agreement.’’. 
(b) REVIEW OF NATIONWIDE WAIVERS.—Not later 
than 1 year after the date of enactment of this Act, and 
at least every 5 years thereafter, the Secretary of Trans-
portation shall review each standing nationwide waiver 
issued under section 24305(f) of title 49, United States 
Code, to determine whether continuing such waiver is nec-
essary. 
SEC. 106. AVIATION BUY AMERICA PROVISIONS. 
(a) BUY-AMERICAN PREFERENCES.—Chapter 501 of 
title 49, United States Code, is amended by striking the 
chapter heading and inserting ‘‘BUY AMERICA’’. 
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(b) ENHANCEMENTS TO BUY AMERICA REQUIRE-
MENTS.—Section 50101 of such title is amended to read 
as follows: 
‘‘§ 50101. Buy America 
‘‘(a) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 
IRON, AND MANUFACTURED GOODS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, and except as provided in para-
graph (2), funds made available to carry out section 
106(k), 44502(a)(2), or 44509, subchapter I of 
chapter 471 (except section 47127), or chapter 481 
(except sections 48102(e), 48106, 48107, and 
48110) of this title may not be obligated for a 
project unless the steel, iron, and manufactured 
goods used for the project are produced in the 
United States. 
‘‘(2) SPECIAL RULES FOR CERTAIN FACILITIES 
AND EQUIPMENT.—With respect to a project for the 
procurement of a facility or equipment, funds made 
available to carry out the provisions specified in 
paragraph (1) may not be obligated for the project 
unless— 
‘‘(A) the cost of components and sub-
components produced in the United States— 
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‘‘(i) for fiscal year 2013 is more than 
60 percent of the cost of all components of 
the facility or equipment; 
‘‘(ii) for fiscal year 2014 is more than 
70 percent of the cost of all components of 
the facility or equipment; 
‘‘(iii) for fiscal year 2015 is more 
than 80 percent of the cost of all compo-
nents of the facility or equipment; 
‘‘(iv) for fiscal year 2016 is more than 
90 percent of the cost of all components of 
the facility or equipment; and 
‘‘(v) for fiscal year 2017, and each fis-
cal year thereafter, is 100 percent of the 
cost of all components of the facility or 
equipment; and 
‘‘(B) final assembly of the facility or equip-
ment occurs in the United States. 
‘‘(3) SCOPE.—The requirements of this section 
apply to all contracts for a project carried out within 
the scope of the applicable finding, determination, or 
decision under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), regardless of 
the funding source of such contracts, if at least one 
contract for the project is funded with amounts 
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made available to carry out a provision specified in 
paragraph (1). 
‘‘(b) EXCEPTIONS.— 
‘‘(1) ISSUANCE OF WAIVERS.—The Secretary of 
Transportation may waive the requirements of sub-
section (a) only if the Secretary finds that— 
‘‘(A) applying subsection (a) would be in-
consistent with the public interest, as deter-
mined in accordance with the regulations re-
quired under paragraph (2); 
‘‘(B) the steel, iron, or manufactured 
goods required for a project are not produced in 
the United States— 
‘‘(i) in sufficient and reasonably avail-
able quantities; or 
‘‘(ii) to a satisfactory quality; or 
‘‘(C) the use of steel, iron, and manufac-
tured goods produced in the United States for 
a project will increase the total cost of the 
project by more than 25 percent. 
‘‘(2) REGULATIONS.—Not later than 1 year 
after the date of enactment of the Invest in Amer-
ican Jobs Act of 2013, the Secretary shall issue reg-
ulations establishing the criteria that the Secretary 
shall use to determine whether the application of 
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subsection (a) is inconsistent with the public interest 
for purposes of paragraph (1)(A). 
‘‘(3) LABOR COSTS.—For purposes of this sec-
tion, labor costs involved in final assembly are not 
included in calculating the cost of components. 
‘‘(4) REQUESTS FOR WAIVERS.—An entity seek-
ing a waiver under paragraph (1) shall submit to the 
Secretary a request for the waiver in such form and 
containing such information as the Secretary may 
require. 
‘‘(5) PREFERENCE FOR AMERICAN-ASSEMBLED 
FACILITIES AND EQUIPMENT.—In the procurement 
of a facility or equipment subject to a waiver issued 
under paragraph (1), the Secretary shall give pref-
erence to a facility or equipment for which final as-
sembly occurred in the United States. 
‘‘(6) LIMITATION ON WAIVER AUTHORITY.—In 
the procurement of a facility or equipment, if the 
Secretary finds that a component of the facility or 
equipment is not produced in the United States in 
sufficient and reasonably available quantities or to a 
satisfactory quality, the Secretary may issue a waiv-
er under paragraph (1) with respect to such compo-
nent. 
‘‘(c) WAIVER REQUIREMENTS.— 
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‘‘(1) PUBLIC
NOTIFICATION
OF
AND
OPPOR-
TUNITY FOR COMMENT ON REQUEST FOR A WAIV-
ER.— 
‘‘(A) IN GENERAL.—If the Secretary re-
ceives a request for a waiver under subsection 
(b), the Secretary shall provide notice of and an 
opportunity for public comment on the request 
at least 30 days before making a finding based 
on the request. 
‘‘(B) NOTICE
REQUIREMENTS.—A notice 
provided under subparagraph (A) shall— 
‘‘(i) include the information available 
to the Secretary concerning the request, in-
cluding whether the request is being made 
under subsection (b)(1)(A), (b)(1)(B), or 
(b)(1)(C); and 
‘‘(ii) be provided by electronic means, 
including on the official public Internet 
Web site of the Department of Transpor-
tation. 
‘‘(2) DETAILED
JUSTIFICATION
IN
FEDERAL 
REGISTER.—If the Secretary issues a waiver under 
subsection (b), the Secretary shall publish in the 
Federal Register a detailed justification for the 
waiver that— 
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‘‘(A) addresses the public comments re-
ceived under paragraph (1)(A); and 
‘‘(B) is published before the waiver takes 
effect. 
‘‘(d) STATE REQUIREMENTS.—The Secretary may 
not impose a limitation or condition on assistance provided 
with funds made available to carry out a provision speci-
fied in subsection (a)(1) that restricts— 
‘‘(1) a State from imposing requirements that 
are more stringent than those imposed under this 
section with respect to limiting the use of articles, 
materials, or supplies mined, produced, or manufac-
tured in foreign countries for projects carried out 
with such assistance; or 
‘‘(2) any recipient of such assistance from com-
plying with such State requirements. 
‘‘(e) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.— 
‘‘(1) IN GENERAL.—This section shall be ap-
plied in a manner that is consistent with United 
States obligations under international agreements. 
‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN 
VIOLATION OF INTERNATIONAL AGREEMENTS.—The 
Secretary shall prohibit the use of steel, iron, and 
manufactured goods produced in a foreign country 
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(e) REVIEW OF NATIONWIDE WAIVERS.—Not later 
than 1 year after the date of enactment of this Act, and 
at least every 5 years thereafter, the Secretary of Trans-
portation shall review each standing nationwide waiver 
issued under section 50101 of title 49, United States 
Code, to determine whether continuing such waiver is nec-
essary. 
SEC. 107. DEPARTMENT OF TRANSPORTATION BUY AMER-
ICA ANNUAL REPORT. 
Section 308 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(f) BUY AMERICA.—Not later than February 1 of 
each year beginning after the date of enactment of this 
subsection, the Secretary shall submit to Congress a re-
port that— 
‘‘(1) specifies each project with respect to which 
the Secretary issued a waiver from a Buy America 
requirement during the preceding calendar year; 
‘‘(2) identifies the country of origin and product 
specifications for steel, iron, or manufactured goods 
acquired pursuant to each waiver from a Buy Amer-
ica requirement issued by the Secretary during the 
preceding calendar year; 
‘‘(3) summarizes the monetary value of con-
tracts awarded pursuant to each such waiver; 
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‘‘(4) provides the justification for each such 
waiver, including the specific law, treaty, or inter-
national agreement under which the waiver was 
granted; 
‘‘(5) summarizes the funds expended on— 
‘‘(A) steel, iron, and manufactured goods 
produced in the United States for projects with 
respect to which a Buy America requirement, 
under which the Secretary has waiver authority, 
applied during the preceding calendar year; and 
‘‘(B) steel, iron, and manufactured goods 
produced outside the United States for projects 
with respect to which the Secretary issued a 
waiver from a Buy America requirement during 
the preceding calendar year; and 
‘‘(6) provides an employment impact analysis of 
the cumulative effect of all waivers from a Buy 
America requirement issued by the Secretary during 
the preceding calendar year on manufacturing em-
ployment in the United States.’’. 
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TITLE II—OTHER 
INFRASTRUCTURE INVESTMENT 
SEC. 201. WASTEWATER TREATMENT BUY AMERICA PROVI-
SIONS. 
(a) IN GENERAL.—Title VI of the Federal Water 
Pollution Control Act (33 U.S.C. 1381 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 608. BUY AMERICA. 
‘‘(a) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 
IRON, AND MANUFACTURED GOODS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, funds made available from a State 
water pollution control revolving fund established 
under this title may not be used, in whole or in part, 
for a project for the construction of treatment works 
unless the steel, iron, and manufactured goods used 
for the project are produced in the United States. 
‘‘(2) SCOPE.—The requirements of this section 
apply to all contracts for the construction of treat-
ment works carried out within the scope of the ap-
plicable finding, determination, or decision under 
section 511(c)(1), regardless of the funding source 
of such contracts, if at least one contract for the 
construction is funded with amounts made available 
to carry out this title. 
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‘‘(b) EXCEPTIONS.— 
‘‘(1) ISSUANCE
OF
WAIVERS.—The Adminis-
trator may waive the requirements of subsection (a) 
only if the Administrator finds that— 
‘‘(A) applying subsection (a) would be in-
consistent with the public interest, as deter-
mined in accordance with the regulations re-
quired under paragraph (2); 
‘‘(B) the steel, iron, or manufactured 
goods required for a project are not produced in 
the United States— 
‘‘(i) in sufficient and reasonably avail-
able quantities; or 
‘‘(ii) to a satisfactory quality; or 
‘‘(C) the use of steel, iron, and manufac-
tured goods produced in the United States for 
a project will increase the total cost of the 
project by more than 25 percent. 
‘‘(2) REGULATIONS.—Not later than 1 year 
after the date of enactment of this section, the Ad-
ministrator shall issue regulations establishing the 
criteria that the Administrator shall use to deter-
mine whether the application of subsection (a) is in-
consistent with the public interest for purposes of 
paragraph (1)(A). 
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‘‘(3) REQUESTS FOR WAIVERS.—A recipient of 
assistance under this title seeking a waiver under 
paragraph (1) shall submit to the Administrator a 
request for the waiver in such form and containing 
such information as the Administrator may require. 
‘‘(c) WAIVER REQUIREMENTS.— 
‘‘(1) PUBLIC
NOTIFICATION
OF
AND
OPPOR-
TUNITY FOR COMMENT ON REQUEST FOR A WAIV-
ER.— 
‘‘(A) IN GENERAL.—If the Administrator 
receives a request for a waiver under subsection 
(b), the Administrator shall provide notice of 
and an opportunity for public comment on the 
request at least 30 days before making a find-
ing based on the request. 
‘‘(B) NOTICE
REQUIREMENTS.—A notice 
provided under subparagraph (A) shall— 
‘‘(i) include the information available 
to the Administrator concerning the re-
quest, including whether the request is 
being made under subsection (b)(1)(A), 
(b)(1)(B), or (b)(1)(C); and 
‘‘(ii) be provided by electronic means, 
including on the official public Internet 
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Web site of the Environmental Protection 
Agency. 
‘‘(2) DETAILED
JUSTIFICATION
IN
FEDERAL 
REGISTER.—If the Administrator issues a waiver 
under subsection (b), the Administrator shall publish 
in the Federal Register a detailed justification for 
the waiver that— 
‘‘(A) addresses the public comments re-
ceived under paragraph (1)(A); and 
‘‘(B) is published before the waiver takes 
effect. 
‘‘(3) ANNUAL REPORT.—Not later than Feb-
ruary 1 of each year beginning after the date of en-
actment of this section, the Administrator shall sub-
mit to the Committee on Transportation and Infra-
structure of the House of Representatives and the 
Committee on Environment and Public Works of the 
Senate a report that— 
‘‘(A) specifies each project with respect to 
which the Administrator issued a waiver under 
subsection (b) during the preceding calendar 
year; 
‘‘(B) identifies the country of origin and 
product specifications for steel, iron, or manu-
factured goods acquired pursuant to each waiv-
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trator during the preceding calendar year on 
manufacturing employment in the United 
States. 
‘‘(d) STATE REQUIREMENTS.—The Administrator 
may not impose a limitation or condition on assistance 
provided under this title that restricts— 
‘‘(1) a State from imposing requirements that 
are more stringent than those imposed under this 
section with respect to limiting the use of articles, 
materials, or supplies mined, produced, or manufac-
tured in foreign countries for projects carried out 
with such assistance; or 
‘‘(2) any recipient of such assistance from com-
plying with such State requirements. 
‘‘(e) INTENTIONAL VIOLATIONS.—Pursuant to proce-
dures established under subpart 9.4 of chapter 1 of title 
48, Code of Federal Regulations, a person shall be ineli-
gible to receive a contract or subcontract funded with 
amounts made available from a State water pollution con-
trol revolving fund established under this title if the Ad-
ministrator, the head of any department, agency, or in-
strumentality of the United States, or a court determines 
that such person intentionally— 
‘‘(1) affixed a label bearing a ‘Made in Amer-
ica’ inscription, or any inscription with the same 
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meaning, to any steel, iron, or manufactured goods 
that— 
‘‘(A) were used in a project to which this 
section applies; and 
‘‘(B) were not produced in the United 
States; or 
‘‘(2) represented that any steel, iron, or manu-
factured goods were produced in the United States 
that— 
‘‘(A) were used in a project to which this 
section applies; and 
‘‘(B) were not produced in the United 
States. 
‘‘(f) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.— 
‘‘(1) IN GENERAL.—This section shall be ap-
plied in a manner that is consistent with United 
States obligations under international agreements. 
‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN 
VIOLATION OF INTERNATIONAL AGREEMENTS.—The 
Administrator shall prohibit the use of steel, iron, 
and manufactured goods produced in a foreign coun-
try in a project funded with amounts made available 
from a State water pollution control revolving fund 
established under this title, including any project for 
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which the Administrator has issued a waiver under 
subsection (b), if the Administrator, in consultation 
with the United States Trade Representative, deter-
mines that the foreign country is in violation of the 
terms of an agreement with the United States by 
discriminating against steel, iron, or manufactured 
goods that are produced in the United States and 
covered by the agreement.’’. 
(b) REVIEW OF NATIONWIDE WAIVERS.—Not later 
than 1 year after the date of enactment of this Act, and 
at least every 5 years thereafter, the Administrator of the 
Environmental Protection Agency shall review each stand-
ing nationwide waiver issued under section 608 of the 
Federal Water Pollution Control Act (as added by this sec-
tion) to determine whether continuing such waiver is nec-
essary. 
SEC. 202. ECONOMIC DEVELOPMENT BUY AMERICA PROVI-
SIONS. 
(a) IN GENERAL.—Title VI of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 3211 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 613. BUY AMERICA. 
‘‘(a) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 
IRON, AND MANUFACTURED GOODS.— 
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‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, funds made available to carry out 
section 201 or 209 may not be obligated for a 
project unless the steel, iron, and manufactured 
goods used for the project are produced in the 
United States. 
‘‘(2) SCOPE.—The requirements of this section 
apply to all contracts for a project carried out within 
the scope of the applicable finding, determination, or 
decision under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) regardless of 
the funding source of such contracts, if at least one 
contract for the project is funded with amounts 
made available to carry out section 201 or 209. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) ISSUANCE
OF
WAIVERS.—The Secretary 
may waive the requirements of subsection (a) only if 
the Secretary finds that— 
‘‘(A) applying subsection (a) would be in-
consistent with the public interest, as deter-
mined in accordance with the regulations re-
quired under paragraph (2); 
‘‘(B) the steel, iron, or manufactured 
goods required for a project are not produced in 
the United States— 
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‘‘(i) in sufficient and reasonably avail-
able quantities; or 
‘‘(ii) to a satisfactory quality; or 
‘‘(C) the use of steel, iron, and manufac-
tured goods produced in the United States for 
a project will increase the total cost of the 
project by more than 25 percent. 
‘‘(2) REGULATIONS.—Not later than 1 year 
after the date of enactment of this section, the Sec-
retary shall issue regulations establishing the criteria 
that the Secretary shall use to determine whether 
the application of subsection (a) is inconsistent with 
the public interest for purposes of paragraph (1)(A). 
‘‘(3) REQUESTS FOR WAIVERS.—A recipient of 
assistance under section 201 or 209 seeking a waiv-
er under paragraph (1) shall submit to the Secretary 
a request for the waiver in such form and containing 
such information as the Secretary may require. 
‘‘(c) WAIVER REQUIREMENTS.— 
‘‘(1) PUBLIC
NOTIFICATION
OF
AND
OPPOR-
TUNITY FOR COMMENT ON REQUEST FOR A WAIV-
ER.— 
‘‘(A) IN GENERAL.—If the Secretary re-
ceives a request for a waiver under subsection 
(b), the Secretary shall provide notice of and an 
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