I 
112TH CONGRESS 
1ST SESSION H. R. 3533 
To ensure that transportation and infrastructure projects carried out using 
Federal financial assistance are constructed with steel, iron, and manu-
factured goods that are produced in the United States, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 1, 2011 
Mr. RAHALL (for himself, Mr. DEFAZIO, Mr. COSTELLO, Ms. NORTON, Mr. 
NADLER, Ms. BROWN of Florida, Mr. FILNER, Ms. EDDIE BERNICE 
JOHNSON of Texas, Mr. CUMMINGS, Mr. BOSWELL, Mr. HOLDEN, Mr. 
CAPUANO, Mr. BISHOP of New York, Mr. MICHAUD, Mr. CARNAHAN, 
Mrs. NAPOLITANO, Mr. LIPINSKI, Mr. ALTMIRE, Mr. WALZ of Minnesota, 
and Mr. COHEN) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committee on Financial Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To ensure that transportation and infrastructure projects 
carried out using Federal financial assistance are con-
structed with steel, iron, and manufactured goods that 
are produced in the United States, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Invest in American Jobs Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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. Wastewater treatment Buy America provisions. 
Sec. 202. Economic development Buy America provisions. 
Sec. 203. FEMA mitigation grant Buy America provisions. 
Sec. 204. Americanization of offshore operations in the Exclusive Economic 
Zone. 
TITLE I—DEPARTMENT OF 
TRANSPORTATION 
SEC. 101. FEDERAL-AID HIGHWAY BUY AMERICA PROVI-
SIONS. 
(a) IN GENERAL.—Section 313 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 313. Buy America 
‘‘(a) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 
IRON, AND MANUFACTURED GOODS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, funds made available to carry out 
this title may not be obligated for a project unless 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
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 this title. 
‘‘(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— 
‘‘(i) in sufficient and reasonably avail-
able quantities; or 
‘‘(ii) to a satisfactory quality; or 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(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 2011, the Secretary shall issue reg-
ulations 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) LABOR COSTS.—For purposes of this sub-
section, labor costs involved in final assembly shall 
not be included in calculating the cost of compo-
nents. 
‘‘(4) REQUESTS FOR WAIVERS.—A recipient of 
assistance under this title seeking a waiver under 
paragraph (1) shall submit to the Secretary a re-
quest 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.— 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(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— 
‘‘(A) addresses the public comments re-
ceived under paragraph (1)(A); and 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(B) is published before the waiver takes 
effect. 
‘‘(d) STATE REQUIREMENTS.—The Secretary 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 to carry out this title if the Sec-
retary, the head of any department, agency, or instrumen-
tality 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 
meaning, to any steel, iron, or manufactured goods 
that— 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(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 
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 title, including any project for which 
the Secretary has issued a waiver under subsection 
(b), if the Secretary, in consultation with the United 
States Trade Representative, determines that the 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
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 Secretary shall review 
each standing nationwide waiver issued under section 313 
of title 23, United States Code, to determine whether con-
tinuing such waiver is necessary. 
(c) REPEALS.— 
(1) WAIVER NOTIFICATION AND ANNUAL RE-
PORTS.—Section 117 of the SAFETEA–LU Tech-
nical Corrections Act of 2008 (23 U.S.C. 313 note) 
is repealed. 
(2) NOTICE AND PUBLIC COMMENTS.—Section 
123 of title I of division A of the Consolidated Ap-
propriations Act, 2010 (23 U.S.C. 313 note) is re-
pealed. 
SEC. 102. PUBLIC TRANSPORTATION BUY AMERICA PROVI-
SIONS. 
(a) IN GENERAL.—Section 5323(j) of title 49, United 
States Code, is amended to read as follows: 
‘‘(j) BUY AMERICA.— 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(1) DOMESTIC
SOURCE
REQUIREMENT
FOR 
STEEL, IRON, AND MANUFACTURED GOODS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, and except as provided 
in subparagraph (B), funds made available to 
carry out this chapter may not be obligated for 
a project unless the steel, iron, and manufac-
tured goods used for the project are produced 
in the United States. 
‘‘(B) 
SPECIAL
RULES
FOR
ROLLING 
STOCK.—Funds made available to carry out 
this chapter may not be obligated for the pro-
curement of rolling stock (including train con-
trol, communication, traction power equipment, 
and rolling stock prototypes) unless— 
‘‘(i) the cost of components and sub-
components 
produced 
in 
the 
United 
States— 
‘‘(I) for fiscal year 2012 is more 
than 60 percent of the cost of all com-
ponents of the rolling stock; 
‘‘(II) for fiscal year 2013 is more 
than 70 percent of the cost of all com-
ponents of the rolling stock; 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(III) for fiscal year 2014 is 
more than 80 percent of the cost of 
all components of the rolling stock; 
‘‘(IV) for fiscal year 2015 is 
more than 90 percent of the cost of 
all components of the rolling stock; 
and 
‘‘(V) for fiscal year 2016, and 
each fiscal year thereafter, is 100 per-
cent of the cost of all components of 
the rolling stock; and 
‘‘(ii) final assembly of the rolling 
stock, including rolling stock prototypes, 
occurs in the United States. 
‘‘(C) SCOPE.—The requirements of this 
subsection apply to all contracts for a public 
transportation 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 con-
tracts, if at least one contract for the public 
transportation project is funded with amounts 
made available to carry out this chapter. 
‘‘(2) EXCEPTIONS.— 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(A) ISSUANCE
OF
WAIVERS.—The Sec-
retary may waive the requirements of para-
graph (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 are not pro-
duced 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 will increase the total 
cost of the project 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 2011, the Secretary 
shall issue regulations establishing the criteria 
that the Secretary shall use to determine 
whether the application of paragraph (1) is in-
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
consistent with the public interest for purposes 
of subparagraph (A)(i). 
‘‘(C) COMPONENTS OF ROLLING STOCK.— 
If the Secretary finds that a component of roll-
ing stock is not produced in the United States 
in sufficient and reasonably available quantities 
or to a satisfactory quality, the Secretary may 
issue a waiver under subparagraph (A) with re-
spect to such component. 
‘‘(D) LABOR COSTS.—For purposes of this 
subsection, labor costs involved in final assem-
bly shall not be included in calculating the cost 
of components. 
‘‘(E) REQUESTS FOR WAIVERS.—A recipi-
ent of assistance under this chapter seeking a 
waiver under subparagraph (A) 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 under para-
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
graph (2), the Secretary shall provide no-
tice of and an opportunity for public com-
ment on the request at least 30 days be-
fore making a finding based on the re-
quest. 
‘‘(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 subpara-
graph 
(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 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(ii) is published before the waiver 
takes effect. 
‘‘(4) STATE
REQUIREMENTS.—The Secretary 
may not impose a limitation or condition on assist-
ance provided under this chapter 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 or any other law providing 
Federal public transportation assistance if the Sec-
retary, the head of any department, agency, or in-
strumentality of the United States, or a court deter-
mines that such person intentionally— 
‘‘(A) affixed a label bearing a ‘Made in 
America’ inscription, or any inscription with the 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
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-
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
ter or any other law providing Federal public 
transportation assistance, including any project 
for which the Secretary has issued a waiver 
under paragraph (2), if the Secretary, in con-
sultation with the United States Trade Rep-
resentative, determines 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. 
‘‘(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-
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
lishing inadvertent or clerical error is on the manu-
facturer or supplier.’’. 
(b) REVIEW OF GENERAL PUBLIC INTEREST WAIV-
ERS.—Not later than 1 year after the date of enactment 
of this Act, and at least every 5 years thereafter, the Sec-
retary shall review the general public interest waivers de-
scribed in subsection (b) of Appendix A of section 661.7 
of title 49, Code of Federal Regulations, to determine 
whether continuing such waivers is in the public interest. 
SEC. 103. RAIL GRANT BUY AMERICA PROVISIONS. 
(a) IN GENERAL.—Section 24405(a) of title 49, 
United States Code, is amended to read as follows: 
‘‘(a) BUY AMERICA.— 
‘‘(1) DOMESTIC
SOURCE
REQUIREMENT
FOR 
STEEL, IRON, AND MANUFACTURED GOODS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, funds made available to 
carry out this chapter, chapter 223, chapter 
261, or section 20154 or 24105 may not be ob-
ligated for a project unless the steel, iron, and 
manufactured goods used for the project are 
produced in the United States. 
‘‘(B) SCOPE.—The requirements of this 
subsection apply to all contracts for a project 
carried out within the scope of the applicable 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
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 a provision specified in 
subparagraph (A). 
‘‘(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 are not pro-
duced 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 will increase the total 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
cost of the project 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 2011, 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.—A recipi-
ent of assistance under this chapter, chapter 
223, chapter 261, or section 20154 or 24105 
seeking a waiver under subparagraph (A) 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.— 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(i) IN
GENERAL.—If the Secretary 
receives a request for a waiver under para-
graph (2), the Secretary shall provide no-
tice of and an opportunity for public com-
ment on the request at least 30 days be-
fore making a finding based on the re-
quest. 
‘‘(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— 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(i) addresses the public comments 
received under subparagraph (A)(i); and 
‘‘(ii) is published before the waiver 
takes effect. 
‘‘(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 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
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 
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-
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
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-
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-
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
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.’’. 
(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 shall review 
each standing nationwide waiver issued under section 
24405(a) of title 49, United States Code, to determine 
whether continuing such waiver is necessary. 
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: 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(f) BUY AMERICA.— 
‘‘(1) DOMESTIC
SOURCE
REQUIREMENT
FOR 
STEEL, IRON, AND MANUFACTURED GOODS.— 
‘‘(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 contracts for capital 
projects or other capital expenses carried out 
within the scope of the applicable finding, deter-
mination, or decision under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), regardless of the funding source of 
such contracts, if at least one contract with re-
spect to the project or other capital expense is 
funded with amounts made available under sec-
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
tion 101(c) of the Passenger Rail Investment 
and Improvement Act of 2008 (122 Stat. 
4908). 
‘‘(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 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
States for a project or other capital ex-
pense will increase the total cost of the 
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 2011, 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.— 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(i) IN
GENERAL.—If the Secretary 
receives a request for a waiver from Am-
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— 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(i) addresses the public comments 
received under subparagraph (A)(i); and 
‘‘(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) INTERNATIONAL
VIOLATIONS.—Pursuant 
to procedures established under subpart 9.4 of chap-
ter 1 of title 48, Code of Federal Regulations, a per-
son 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— 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(A) affixed a label bearing a ‘Made in 
America’ inscription, or any inscription with the 
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-
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
MENTS.—The Secretary shall prohibit the use 
of steel, iron, and manufactured goods produced 
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 shall review 
each standing nationwide waiver issued under section 
24305(f) of title 49, United States Code, to determine 
whether continuing such waiver is necessary. 
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’’. 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
(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— 
VerDate Mar 15 2010 
05:50 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(i) for fiscal year 2012 is more than 
60 percent of the cost of all components of 
the facility or equipment; 
‘‘(ii) for fiscal year 2013 is more than 
70 percent of the cost of all components of 
the facility or equipment; 
‘‘(iii) for fiscal year 2014 is more 
than 80 percent of the cost of all compo-
nents of the facility or equipment; 
‘‘(iv) for fiscal year 2015 is more than 
90 percent of the cost of all components of 
the facility or equipment; and 
‘‘(v) for fiscal year 2016, 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 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
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 2011, the Secretary shall issue reg-
ulations establishing the criteria that the Secretary 
shall use to determine whether the application of 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
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.— 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(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— 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(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 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
in a project funded with funds made available to 
carry out a provision specified in subsection (a)(1), 
including any project for which the Secretary has 
issued a waiver under subsection (b), if the Sec-
retary, 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 manufactured goods that are produced in the 
United States and covered by the agreement.’’. 
(c) PROHIBITION
ON CONTRACTING UPON FAL-
SIFICATION OF LABEL.—Section 50105 of such title is 
amended by inserting ‘‘steel, iron, or manufactured’’ be-
fore ‘‘goods’’. 
(d) 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 shall review 
each standing nationwide waiver issued under section 
50101 of title 49, United States Code, to determine 
whether continuing such waiver is necessary. 
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: 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(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; 
‘‘(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 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(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.’’. 
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 a publicly owned 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
treatment works unless the steel, iron, and manufac-
tured 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 a 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. 
‘‘(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 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(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). 
‘‘(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 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
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 
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-
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
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-
er under subsection (b) issued by the Adminis-
trator during the preceding calendar year; 
‘‘(C) summarizes the monetary value of 
contracts awarded pursuant to each such waiv-
er; 
‘‘(D) provides the justification for each 
such waiver, including the specific law, treaty, 
or international agreement under which the 
waiver was granted; 
‘‘(E) summarizes the funds expended on— 
‘‘(i) steel, iron, and manufactured 
goods produced in the United States for 
projects with respect to which the Buy 
America requirement under this section 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
applied during the preceding calendar year; 
and 
‘‘(ii) steel, iron, and manufactured 
goods produced outside the United States 
for projects with respect to which the Ad-
ministrator issued a waiver under sub-
section (b) during the preceding calendar 
year; and 
‘‘(F) provides an employment impact anal-
ysis of the cumulative effect of all waivers 
under subsection (b) issued by the Adminis-
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. 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(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 
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. 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS
‘‘(D) provides the justification for each 
such waiver, including the specific law, treaty, 
or international agreement under which the 
waiver was granted; 
‘‘(E) summarizes the funds expended on— 
‘‘(i) steel, iron, and manufactured 
goods produced in the United States for 
projects with respect to which the Buy 
America requirement under this section 
applied during the preceding calendar year; 
and 
‘‘(ii) steel, iron, and manufactured 
goods produced outside the United States 
for projects with respect to which the Sec-
retary issued a waiver under subsection (b) 
during the preceding calendar year; and 
‘‘(F) provides an employment impact anal-
ysis of the cumulative effect of all waivers 
under subsection (b) issued by the Secretary 
during the preceding calendar year on manufac-
turing employment in the United States. 
‘‘(d) STATE REQUIREMENTS.—The Secretary may 
not impose a limitation or condition on assistance provided 
under section 201 or 209 that restricts— 
VerDate Mar 15 2010 
05:08 Dec 02, 2011
Jkt 019200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H3533.IH
H3533
tjames on DSK6SPTVN1PROD with BILLS