(1) NOTICE AND COMMENT.—If the head of a 
covered Federal agency determines that it is nec-
essary to waive the application of subsection (a) 
based on a finding under subsection (b), the head of 
the agency shall, before the waiver becomes effec-
tive— 
(A) publish in the Federal Register a de-
tailed written justification as to why the waiver 
is needed; and 
(B) provide the public with a reasonable 
period of time for notice and comment. 
(2) ANNUAL REPORT.—Not later than one year 
after the date of enactment of this Act, and annually 
thereafter, the head of a covered Federal agency 
shall submit to Congress a report on— 
(A) any waivers granted by the head of the 
agency under subsection (b) in the preceding 
year, including justifications for the waivers; 
and 
(B) any obligation or expenditure of funds 
by the head of the agency in the preceding year 
that did not conform to the requirements of this 
section due to limitations imposed by a treaty, 
agreement, or other provision of law. 
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(d) RELATIONSHIP TO STATE REQUIREMENTS.—The 
head of a covered Federal agency shall not impose any 
limitation or condition on financial assistance provided 
using funds appropriated to the agency that restricts any 
State from imposing more stringent requirements than 
this section on the use of iron and steel in foreign coun-
tries in projects carried out with such assistance or re-
stricts any recipient of such assistance from complying 
with such State imposed requirements. 
(e) INTENTIONAL VIOLATIONS.—If it has been deter-
mined by a court or Federal agency that any person inten-
tionally— 
(1) affixed a label bearing a ‘‘Made in Amer-
ica’’ inscription, or any inscription with the same 
meaning, to any product used in projects to which 
this section applies, sold in or shipped to the United 
States that was not made in the United States; or 
(2) represented that any product used in 
projects to which this section applies, sold in or 
shipped to the United States that was not produced 
in the United States, was produced in the United 
States; 
that person shall be ineligible, for a period of 6 years be-
ginning on the date of the determination, to receive any 
contract or subcontract made with funds authorized to be 
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appropriated to the agency pursuant to the debarment, 
suspension, and ineligibility procedures in subpart 9.4 of 
chapter 1 of title 48, Code of Federal Regulations. 
(f) LIMITATION ON APPLICABILITY OF WAIVERS TO 
PRODUCTS PRODUCED
IN CERTAIN FOREIGN COUN-
TRIES.—If the head of a covered Federal agency, in con-
sultation with the United States Trade Representative, de-
termines that— 
(1) a foreign country is a party to an agree-
ment with the United States and pursuant to that 
agreement the head of an agency of the United 
States has waived the requirements of this section; 
and 
(2) the foreign country has violated the terms 
of the agreement by discriminating against products 
covered by this section that are produced in the 
United States and are covered by the agreement, 
the provisions of subsection (b) shall not apply with re-
spect to the head of the covered Federal agency in connec-
tion with products produced in that foreign country. 
(g) RELATIONSHIP
TO TRANSPORTATION PROVI-
SIONS.—Notwithstanding any provision of this section, the 
requirements contained in section 313 of title 23, United 
States Code, and sections 5323(j) and 50101 of title 49, 
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United States Code, as amended by this Act, shall con-
tinue to apply. 
(h) APPLICATION
OF REQUIREMENTS
TO ENTIRE 
PROJECT.—The requirement of subsection (a) and the ex-
ceptions specified in subsection (b) apply to the total of 
obligations and expenditures for an entire project and not 
only to obligations and expenditures for component parts 
of such project. 
(i) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) COVERED
FEDERAL
AGENCY.—The term 
‘‘covered Federal agency’’ means the Department of 
Homeland Security, the Department of Defense, and 
the Department of Transportation. 
(2) PUBLIC
BUILDING; PUBLIC
WORK.—The 
terms ‘‘public building’’ and ‘‘public work’’ have the 
meanings given such terms in section 1 of the Buy 
American Act (41 U.S.C. 10c) and include airports, 
bridges, canals, dams, dikes, pipelines, railroads, 
multiline mass transit systems, roads, tunnels, har-
bors, and piers. 
SEC. 3. BUY AMERICA REQUIREMENTS IN TRANSPOR-
TATION LAWS. 
(a) HIGHWAYS.—Section 313 of title 23, United 
States Code, is amended— 
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(1) by redesignating subsections (c) through (f) 
as subsections (d) through (g), respectively; 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) WRITTEN JUSTIFICATION FOR WAIVER.— 
‘‘(1) NOTICE AND COMMENT.—If the Secretary 
determines that it is necessary to waive the applica-
tion of subsection (a) based on a finding under sub-
section (b), the Secretary shall, before the waiver be-
comes effective— 
‘‘(A) publish in the Federal Register a de-
tailed written justification as to why the waiver 
is needed; and 
‘‘(B) provide the public with a reasonable 
period of time for notice and comment. 
‘‘(2) ANNUAL
REPORT.—Not later than one 
year after the date of enactment of this paragraph, 
and annually thereafter, the Secretary shall submit 
to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Com-
mittee on Environment and Public Works of the 
Senate a report on— 
‘‘(A) any waivers granted under subsection 
(b) in the preceding year, including justifica-
tions for the waivers; and 
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‘‘(B) any obligation of funds by the Sec-
retary in the preceding year that did not con-
form to the requirements of this section due to 
limitations imposed by a treaty, agreement, or 
other provision of law.’’; and 
(3) by adding at the end the following: 
‘‘(h) APPLICATION OF REQUIREMENTS TO ENTIRE 
PROJECT.—The requirement of subsection (a) and the ex-
ceptions specified in subsection (b) apply to the total of 
obligations for an entire project and not only to obligations 
for component parts of such project.’’. 
(b) PUBLIC TRANSPORTATION.—Section 5323(j) of 
title 49, United States Code, is amended— 
(1) by striking paragraph (3) and inserting the 
following: 
‘‘(3) WRITTEN JUSTIFICATION FOR WAIVER.— 
‘‘(A) NOTICE AND COMMENT.—If the Sec-
retary determines that it is necessary to waive 
the application of paragraph (1) based on a 
finding under paragraph (2), the Secretary 
shall, before the waiver becomes effective— 
‘‘(i) publish in the Federal Register a 
detailed written justification as to why the 
waiver is needed; and 
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‘‘(ii) provide the public with a reason-
able period of time for notice and com-
ment. 
‘‘(B) ANNUAL
REPORT.—Not later than 
one year after the date of enactment of this 
subparagraph, and annually thereafter, the Sec-
retary shall submit to the Committee on Trans-
portation and Infrastructure of the House of 
Representatives and the Committee on Bank-
ing, Housing, and Urban Affairs of the Senate 
a report on— 
‘‘(i) any waivers granted under para-
graph (2) in the preceding year, including 
justifications for the waivers; and 
‘‘(ii) any obligation of funds by the 
Secretary in the preceding year that did 
not conform to the requirements of this 
subsection due to limitations imposed by a 
treaty, agreement, or other provision of 
law.’’; and 
(2) by adding at the end the following: 
‘‘(10) APPLICATION OF REQUIREMENTS TO EN-
TIRE PROJECT.—The requirement of paragraph (1) 
and the exceptions specified in paragraph (2) apply 
to the total of obligations for an entire project and 
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not only to obligations for component parts of such 
project.’’. 
(c) AIRPORTS.—Section 50101 of title 49, United 
States Code, is amended— 
(1) by redesignating subsection (c) as sub-
section (d); 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) WRITTEN JUSTIFICATION FOR WAIVER.— 
‘‘(1) NOTICE AND COMMENT.—If the Secretary 
determines that it is necessary to waive the applica-
tion of subsection (a) based on a finding under sub-
section (b), the Secretary shall, before the waiver be-
comes effective— 
‘‘(A) publish in the Federal Register a de-
tailed written justification as to why the waiver 
is needed; and 
‘‘(B) provide the public with a reasonable 
period of time for notice and comment. 
‘‘(2) ANNUAL
REPORT.—Not later than one 
year after the date of enactment of this paragraph, 
and annually thereafter, the Secretary shall submit 
to the Committee and Transportation and Infra-
structure of the House of Representatives and the 
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Committee on Commerce, Science, and Transpor-
tation of the Senate a report on— 
‘‘(A) any waivers granted under subsection 
(b) in the preceding year, including justifica-
tions for the waivers; and 
‘‘(B) any obligation of funds by the Sec-
retary in the preceding year that did not con-
form to the requirements of this section due to 
limitations imposed by a treaty, agreement, or 
other provision of law.’’; and 
(3) by adding at the end the following: 
‘‘(d) APPLICATION OF REQUIREMENTS TO ENTIRE 
PROJECT.—The requirement of subsection (a) and the ex-
ceptions specified in subsection (b) apply to the total of 
obligations for an entire project and not only to obligations 
for component parts of such project.’’. 
SEC. 4. EFFECTIVE DATE. 
This Act, and the amendments made by this Act, 
shall apply to amounts appropriated or otherwise made 
available after the date of enactment of this Act. 
Æ 
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