I 
113TH CONGRESS 
1ST SESSION 
H. R. 949 
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 
MARCH 5, 2013 
Mr. RAHALL (for himself, Mr. DEFAZIO, Ms. NORTON, Mr. NADLER, Ms. 
BROWN of Florida, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. CUM-
MINGS, Mr. LARSEN of Washington, Mr. CAPUANO, Mr. BISHOP of New 
York, Mr. MICHAUD, Mrs. NAPOLITANO, Mr. LIPINSKI, Mr. WALZ, Mr. 
COHEN, Mr. SIRES, Ms. EDWARDS, Mr. GARAMENDI, Mr. CARSON of In-
diana, Mr. NOLAN, Mrs. KIRKPATRICK, Mr. SEAN PATRICK MALONEY of 
New York, Ms. ESTY, Mrs. BUSTOS, Mr. LOEBSACK, Ms. SLAUGHTER, 
Mr. HIGGINS, Mr. PETERS of Michigan, Mr. VISCLOSKY, and Mr. 
CICILLINE) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Financial Services, for a period to be subsequently determined 
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, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Invest in American Jobs Act of 2013’’. 
(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. Bridges over navigable waters Buy America provisions. 
Sec. 205. Registry endorsement requirement 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 
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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 
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‘‘(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 
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.— 
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‘‘(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 
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‘‘(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— 
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‘‘(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 
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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.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and at least every 
5 years thereafter, the Secretary of Transportation 
shall review each standing nationwide waiver issued 
under section 313 of title 23, United States Code, 
to determine whether continuing such waiver is nec-
essary. 
(2) PUBLIC
NOTIFICATION
OF
AND
OPPOR-
TUNITY FOR COMMENT ON REVIEW OF STANDING 
NATIONWIDE
WAIVERS.—In conducting a review 
under paragraph (1), the Secretary shall provide no-
tice of and an opportunity for public comment on 
the review at least 30 days before completing the re-
view. 
(3) NOTICE REQUIREMENT.—A notice provided 
under paragraph (2) shall be provided by electronic 
means, including on the official public Internet Web 
site of the Department of Transportation. 
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(4) DETAILED
JUSTIFICATION
IN
FEDERAL 
REGISTER.—If the Secretary finds it is necessary to 
continue a standing nationwide waiver after a review 
under paragraph (1), the Secretary shall publish in 
the Federal Register a detailed justification for such 
waiver that addresses the public comments received 
under paragraph (2). 
(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.— 
‘‘(1) DOMESTIC
SOURCE
REQUIREMENT
FOR 
STEEL, IRON, AND MANUFACTURED GOODS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, and except as provided 
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all components of the rolling stock; 
and 
‘‘(V) for fiscal year 2017, 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.— 
‘‘(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-
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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 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) 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 
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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-
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. 
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‘‘(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 
‘‘(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— 
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‘‘(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 
same meaning, to any steel, iron, or manufac-
tured goods that— 
‘‘(i) were used in a project to which 
this subsection applies; and 
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‘‘(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-
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-
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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-
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-
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retary of Transportation shall review the general public 
interest waivers described in subsection (b) of Appendix 
A of section 661.7 of title 49, Code of Federal Regula-
tions, 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 
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 
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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 
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 
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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.—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.— 
‘‘(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-
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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— 
‘‘(i) addresses the public comments 
received under subparagraph (A)(i); and 
‘‘(ii) is published before the waiver 
takes effect. 
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