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. 
‘‘(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 
‘‘(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 Secretary shall submit to 
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the Committee on Transportation and Infrastructure 
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 Secretary issued a waiver under sub-
section (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 Secretary 
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 
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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— 
‘‘(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 
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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 section 201 or 209 
if the Secretary, the head of any department, agency, or 
instrumentality of the United States, or a court deter-
mines 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. 
‘‘(f) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.— 
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‘‘(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 section 201 or 209, 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 foreign country is in violation of the terms 
of an agreement with the United States by discrimi-
nating against steel, iron, or manufactured goods 
that are produced in the United States and covered 
by the agreement.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Public Works and Economic Devel-
opment Act of 1965 is amended by inserting after the item 
relating to section 612 the following: 
‘‘613. Buy America.’’. 
(c) 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 Com-
merce shall review each standing nationwide waiver issued 
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under section 613 of the Public Works and Economic De-
velopment Act of 1965 (as added by this section) to deter-
mine whether continuing such waiver is necessary. 
SEC. 203. FEMA MITIGATION GRANT BUY AMERICA PROVI-
SIONS. 
(a) IN GENERAL.—Title VII of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5201 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 707. 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 
section 203, 404, 406, 417, or 614 may not be obli-
gated for a project unless the steel, iron, and manu-
factured 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 
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made available to carry out a section specified in 
paragraph (1). 
‘‘(b) EXCEPTIONS.— 
‘‘(1) ISSUANCE
OF
WAIVERS.—The President 
may waive the requirements of subsection (a) only if 
the President 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 
President shall issue regulations establishing the cri-
teria that the President shall use to determine 
whether the application of subsection (a) is incon-
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sistent with the public interest for purposes of para-
graph (1)(A). 
‘‘(3) REQUESTS FOR WAIVERS.—A recipient of 
assistance under a section specified in subsection 
(a)(1) seeking a waiver under paragraph (1) shall 
submit to the President a request for the waiver in 
such form and containing such information as the 
President 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 President re-
ceives a request for a waiver under subsection 
(b), the President 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 President concerning the request, 
including whether the request is being 
made 
under 
subsection 
(b)(1)(A), 
(b)(1)(B), or (b)(1)(C); and 
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‘‘(ii) be provided by electronic means, 
including on the official public Internet 
Web site of the President. 
‘‘(2) DETAILED
JUSTIFICATION
IN
FEDERAL 
REGISTER.—If the President issues a waiver under 
subsection (b), the President 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 President, acting 
through the Administrator of the Federal Emer-
gency Management Agency, shall submit to the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate a report that— 
‘‘(A) specifies each project with respect to 
which the President issued a waiver under sub-
section (b) during the preceding calendar year; 
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‘‘(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 President 
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 
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 
President issued a waiver under subsection 
(b) during the preceding calendar year; 
and 
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‘‘(F) provides an employment impact anal-
ysis of the cumulative effect of all waivers 
under subsection (b) issued by the President 
during the preceding calendar year on manufac-
turing employment in the United States. 
‘‘(d) STATE REQUIREMENTS.—The President may 
not impose a limitation or condition on assistance provided 
under a section specified in subsection (a)(1) that re-
stricts— 
‘‘(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 a section specified 
in subsection (a)(1) if the President, the head of any de-
partment, agency, or instrumentality of the United States, 
or a court determines that such person intentionally— 
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‘‘(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. 
‘‘(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 
President shall prohibit the use of steel, iron, and 
manufactured goods produced in a foreign country 
in a project funded with amounts made available to 
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