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 8301 of title 
41, United States Code, 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— 
(1) by redesignating subsections (c) through (f) 
as subsections (d) through (g), respectively; 
(2) by inserting after subsection (b) the fol-
lowing: 
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‘‘(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 
‘‘(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 
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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 
‘‘(ii) provide the public with a reason-
able period of time for notice and com-
ment. 
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‘‘(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 
not only to obligations for component parts of such 
project.’’. 
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(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 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report on— 
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‘‘(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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