Invest in American Jobs Act of 2011 - Revises Buy American requirements with respect to federal-aid highways, capital investment grants to support intercity passenger rail service (rail grants), and Amtrak, particularly the handling of waiver requests.
Revises similar Buy American requirements with respect to public transportation, particularly rolling stock. Requires the cost of rolling stock components and subcomponents produced in the United States to increase from 60% in FY2012 by 10% annual increments up to 100% for FY2016 and ensuing fiscal years. Revises waiver requirements as well to mirror those for federal-aid highways.
Applies the rail grant Buy American requirements under this Act to recipients of rail loans and loan guarantees with respect to railroad rehabilitation and improvement.
Prescribes Buy American requirements for procurement of a facility or equipment under federal aviation programs similar to those for rolling stock.
Requires the Secretary of Transportation (DOT) to report annually to Congress on: (1) each project for which a waiver of Buy American requirements was issued; and (2) the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver.
Amends the Federal Water Pollution Control Act to prescribe Buy American requirements for steel, iron, and manufactured goods used in the construction of a publicly owned wastewater treatment works.
Adds similar Buy American requirements to the Public Works and Economic Development Act of 1965, with respect to economic development programs, and to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, with respect to the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program.
Declares that only a vessel owned by a U.S. citizen for which a certificate of documentation with a registry endorsement is issued may engage in support of exploration, development, or production of resources in, on, above, or below the exclusive economic zone (EEZ), or any other activity in the EEZ, to the extent that the regulation of such activity is not prohibited under customary international law. Exempts from this requirement any activities requiring either a coastwise endorsement or a fishery endorsement.
Subjects to U.S. shipping law any vessels operating in the EEZ, to the extent that the regulation of such operation is not prohibited under customary international law.
Directs the Secretary of the department in which the Coast Guard is operating to establish a program to provide Coast Guard personnel with the training necessary for implementation of U.S. shipping law in the EEZ.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3533 Introduced in House (IH)]
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 manufactured 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 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 constructed with steel, iron,
and manufactured goods that are produced in the United States, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 PROVISIONS.
(a) In General.--Section 313 of title 23, United States Code, is
amended to read as follows:
``Sec. 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 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 inconsistent
with the public interest, as determined in accordance
with the regulations required 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
available quantities; or
``(ii) to a satisfactory quality; or
``(C) the use of steel, iron, and manufactured
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 American Jobs Act of 2011, the
Secretary shall issue regulations 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 subsection, labor
costs involved in final assembly shall not be included in
calculating the cost of components.
``(4) Requests for waivers.--A recipient of assistance
under this title seeking 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.
``(c) Waiver Requirements.--
``(1) Public notification of and opportunity for comment on
request for a waiver.--
``(A) In general.--If the Secretary receives 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, 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 Department of Transportation.
``(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 received 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 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 manufactured in foreign countries for projects
carried out with such assistance; or
``(2) any recipient of such assistance from complying with
such State requirements.
``(e) 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
subcontract funded with amounts made available to carry out this title
if the Secretary, the head of any department, agency, or
instrumentality of the United States, or a court determines that such
person intentionally--
``(1) affixed a label bearing a `Made in America'
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 manufactured
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 Agreements.--
``(1) In general.--This section shall be applied 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 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
continuing such waiver is necessary.
(c) Repeals.--
(1) Waiver notification and annual reports.--Section 117 of
the SAFETEA-LU Technical 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 Appropriations Act, 2010 (23
U.S.C. 313 note) is repealed.
SEC. 102. PUBLIC TRANSPORTATION BUY AMERICA PROVISIONS.
(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 in
subparagraph (B), funds made available to carry out
this chapter may not be obligated for a project unless
the steel, iron, and manufactured 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 procurement of rolling stock
(including train control, communication, traction power
equipment, and rolling stock prototypes) unless--
``(i) the cost of components and
subcomponents produced in the United States--
``(I) for fiscal year 2012 is more
than 60 percent of the cost of all
components of the rolling stock;
``(II) for fiscal year 2013 is more
than 70 percent of the cost of all
components of the rolling stock;
``(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
percent 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
contracts, 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 Secretary may waive
the requirements of paragraph (1) only if the Secretary
finds that--
``(i) applying paragraph (1) would be
inconsistent with the public interest, as
determined in accordance with the regulations
required under subparagraph (B);
``(ii) the steel, iron, or manufactured
goods required for a project 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
manufactured goods produced in the United
States for a project will increase the total
cost of the project by more than 25 percent.
``(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 inconsistent with the public interest for purposes
of subparagraph (A)(i).
``(C) Components of rolling stock.--If the
Secretary finds that a component of rolling 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 respect to such component.
``(D) Labor costs.--For purposes of this
subsection, labor costs involved in final assembly
shall not be included in calculating the cost of
components.
``(E) Requests for waivers.--A recipient 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 opportunity for
comment on request for a waiver.--
``(i) In general.--If the Secretary
receives a request for a waiver 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 notice
provided under clause (i) shall--
``(I) include the information
available to the Secretary concerning
the request, including whether the
request is being made under
subparagraph (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 federal register.--
If the Secretary issues a waiver under paragraph (2),
the Secretary shall publish in the Federal Register a
detailed justification 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 assistance 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 subcontract funded with amounts made available to
carry out this chapter or any other law providing Federal
public transportation assistance if the Secretary, the head of
any department, agency, or instrumentality of the United
States, or a court determines 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 manufactured 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 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 chapter 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 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.
``(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 noncompliance (but not a failure to sign a certificate, a
submission of both a certificate of compliance and a
certificate of noncompliance, or a failure to submit any
certificate) under this subsection if such manufacturer or
supplier attests under penalty of perjury that such
manufacturer or supplier submitted an incomplete or incorrect
certificate as a result of an inadvertent or clerical error.
The burden of establishing inadvertent or clerical error is on
the manufacturer or supplier.''.
(b) Review of General Public Interest 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 the general public
interest waivers described 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 obligated 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 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 Secretary of
Transportation may waive the requirements of paragraph
(1) only if the Secretary finds that--
``(i) applying paragraph (1) would be
inconsistent with the public interest, as
determined in accordance with the regulations
required under subparagraph (B);
``(ii) the steel, iron, or manufactured
goods required for a project 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
manufactured goods produced in the United
States for a project will increase the total
cost of the project by more than 25 percent.
``(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 inconsistent with the public interest for purposes
of subparagraph (A)(i).
``(C) Labor costs.--For purposes of this paragraph,
labor costs involved in final assembly shall not be
included in calculating the cost of components.
``(D) Requests for waivers.--A recipient 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 opportunity for
comment on request for a waiver.--
``(i) In general.--If the Secretary
receives a request for a waiver 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 notice
provided under clause (i) shall--
``(I) include the information
available to the Secretary concerning
the request, including whether the
request 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 federal register.--
If the Secretary issues a waiver under paragraph (2),
the Secretary shall publish in the Federal Register a
detailed justification 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 assistance provided under this
chapter, chapter 223, chapter 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 subcontract 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 United States, or a court
determines 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 manufactured 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 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 chapter,
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
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 noncompliance (but not a failure to sign a certificate, a
submission of both a certificate of compliance and a
certificate of noncompliance, or a failure to submit any
certificate) under this subsection if such manufacturer or
supplier attests under penalty of perjury that such
manufacturer or supplier submitted an incomplete or incorrect
certificate as a result of an inadvertent or clerical error.
The burden of establishing inadvertent or clerical error is on
the manufacturer 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 subparagraph (A);
(2) by striking the period at the end of subparagraph (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:
``(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 produced 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, 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 with
respect to the project or other capital expense is
funded with amounts made available under section 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 Secretary of
Transportation may waive the requirements of paragraph
(1) only if the Secretary finds that--
``(i) applying paragraph (1) would be
inconsistent with the public interest, as
determined in accordance with the regulations
required under subparagraph (B);
``(ii) the steel, iron, or manufactured
goods required for a project or other capital
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
manufactured goods produced in the United
States for a project or other capital expense
will increase the total cost of the project or
expense by more than 25 percent.
``(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 inconsistent with the public interest for purposes
of subparagraph (A)(i).
``(C) Labor costs.--For purposes of this paragraph,
labor costs involved in final assembly shall not be
included in calculating the cost of components.
``(D) Requests for waivers.--If Amtrak 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 opportunity for
comment on request for a waiver.--
``(i) In general.--If the Secretary
receives a request for a waiver from Amtrak
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 notice
provided under clause (i) shall--
``(I) include the information
available to the Secretary concerning
the request, including whether the
request 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 federal register.--
If the Secretary issues a waiver under paragraph (2),
the Secretary shall publish in the Federal Register a
detailed justification 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 assistance 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 chapter 1 of title 48, Code of
Federal Regulations, a person shall be ineligible to receive a
contract or subcontract 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--
``(A) affixed a label bearing a `Made in America'
inscription, or any inscription with the same meaning,
to any steel, iron, or manufactured goods that--
``(i) were used in a capital project or
other capital expense 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 capital project or
other capital expense 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 agreements.--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 described in
paragraph (1)(A), including any project or capital
expense 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 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''.
(b) Enhancements To Buy America Requirements.--Section 50101 of
such title is amended to read as follows:
``Sec. 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 paragraph (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 subcomponents
produced in the United States--
``(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 components 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 fiscal
year thereafter, is 100 percent of the cost of
all components of the facility or equipment;
and
``(B) final assembly of the facility or equipment
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
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 subsection (a) only if the
Secretary finds that--
``(A) applying subsection (a) would be inconsistent
with the public interest, as determined in accordance
with the regulations required 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
available quantities; or
``(ii) to a satisfactory quality; or
``(C) the use of steel, iron, and manufactured
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 American Jobs Act of 2011, the
Secretary shall issue regulations 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 section, labor
costs involved in final assembly are not included in
calculating the cost of components.
``(4) Requests for waivers.--An entity seeking 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 preference to a facility or equipment for which
final assembly 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 waiver
under paragraph (1) with respect to such component.
``(c) Waiver Requirements.--
``(1) Public notification of and opportunity for comment on
request for a waiver.--
``(A) In general.--If the Secretary receives 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, 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 Department of Transportation.
``(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 received 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 specified 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 manufactured in foreign countries for projects
carried out with such assistance; or
``(2) any recipient of such assistance from complying with
such State requirements.
``(e) Consistency With International Agreements.--
``(1) In general.--This section shall be applied 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 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 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
manufactured goods that are produced in the United States and
covered by the agreement.''.
(c) Prohibition on Contracting Upon Falsification of Label.--
Section 50105 of such title is amended by inserting ``steel, iron, or
manufactured'' before ``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 AMERICA ANNUAL REPORT.
Section 308 of title 49, United States Code, is amended by adding
at the end the following:
``(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 report 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 America requirement issued
by the Secretary during the preceding calendar year;
``(3) summarizes the monetary value of contracts awarded
pursuant to each such waiver;
``(4) provides the justification for each such waiver,
including the specific law, treaty, or international 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
``(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 employment in the United States.''.
TITLE II--OTHER INFRASTRUCTURE INVESTMENT
SEC. 201. WASTEWATER TREATMENT BUY AMERICA PROVISIONS.
(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 treatment works unless 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 the construction of a treatment works carried out
within the scope of the applicable 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 Administrator may waive the
requirements of subsection (a) only if the Administrator finds
that--
``(A) applying subsection (a) would be inconsistent
with the public interest, as determined in accordance
with the regulations required 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
available quantities; or
``(ii) to a satisfactory quality; or
``(C) the use of steel, iron, and manufactured
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 Administrator shall issue
regulations establishing the criteria that the Administrator
shall use to determine whether the application of subsection
(a) is inconsistent 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 opportunity for comment on
request for a waiver.--
``(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 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 Administrator concerning the request,
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 received under
paragraph (1)(A); and
``(B) is published before the waiver takes effect.
``(3) Annual report.--Not later than February 1 of each
year beginning after the date of enactment of this section, the
Administrator shall submit to 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 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 manufactured goods
acquired pursuant to each waiver under subsection (b)
issued by the Administrator during the preceding
calendar year;
``(C) summarizes the monetary value of contracts
awarded pursuant to each such waiver;
``(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 Administrator issued
a waiver under subsection (b) during the
preceding calendar year; and
``(F) provides an employment impact analysis of the
cumulative effect of all waivers under subsection (b)
issued by the Administrator 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 manufactured in foreign countries for projects
carried out with such assistance; or
``(2) any recipient of such assistance from complying with
such State requirements.
``(e) 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
subcontract funded with amounts made available from a State water
pollution control revolving fund established under this title if the
Administrator, the head of any department, agency, or instrumentality
of the United States, or a court determines that such person
intentionally--
``(1) affixed a label bearing a `Made in America'
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 manufactured
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 Agreements.--
``(1) In general.--This section shall be applied in a
manner that is consistent with United States obligations under
international agreements.
``(2) Treatment of foreign countries in violation of
international agreements.--The Administrator shall prohibit the
use of steel, iron, and manufactured goods produced in a
foreign country in a project funded with amounts made available
from a State water pollution control revolving fund established
under this title, including any project for which the
Administrator has issued a waiver under subsection (b), if the
Administrator, 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.''.
(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 Administrator shall review each standing nationwide waiver issued
under section 608 of the Federal Water Pollution Control Act (as added
by this section) to determine whether continuing such waiver is
necessary.
SEC. 202. ECONOMIC DEVELOPMENT BUY AMERICA PROVISIONS.
(a) In General.--Title VI of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3211 et seq.) is amended by adding
at the end the following:
``SEC. 613. 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 201 or 209 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) 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 section 201 or 209.
``(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 inconsistent
with the public interest, as determined in accordance
with the regulations required 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
available quantities; or
``(ii) to a satisfactory quality; or
``(C) the use of steel, iron, and manufactured
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 Secretary shall issue
regulations 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) Requests for waivers.--A recipient of assistance
under section 201 or 209 seeking 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.
``(c) Waiver Requirements.--
``(1) Public notification of and opportunity for comment on
request for a waiver.--
``(A) In general.--If the Secretary receives 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, 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 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 received under
paragraph (1)(A); and
``(B) is published before the waiver takes effect.
``(3) Annual report.--Not later than February 1 of each
year beginning after the date of enactment of this section, the
Secretary shall submit to 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 subsection (b)
during the preceding calendar year;
``(B) identifies the country of origin and product
specifications for steel, iron, or manufactured goods
acquired pursuant to each waiver under subsection (b)
issued by the Secretary during the preceding calendar
year;
``(C) summarizes the monetary value of contracts
awarded pursuant to each such waiver;
``(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 Secretary issued a
waiver under subsection (b) during the
preceding calendar year; and
``(F) provides an employment impact analysis of the
cumulative effect of all waivers under subsection (b)
issued by the Secretary during the preceding calendar
year on manufacturing 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 manufactured in foreign countries for projects
carried out with such assistance; or
``(2) any recipient of such assistance from complying with
such State requirements.
``(e) 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
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 determines that such
person intentionally--
``(1) affixed a label bearing a `Made in America'
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 manufactured
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 Agreements.--
``(1) In general.--This section shall be applied 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 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 613 of the Public Works and Economic Development Act of 1965
(as added by this section) to determine whether continuing such waiver
is necessary.
SEC. 203. FEMA MITIGATION GRANT BUY AMERICA PROVISIONS.
(a) In General.--Title VII of the Robert T. Stafford 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 obligated for a project unless 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 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 inconsistent
with the public interest, as determined in accordance
with the regulations required 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
available quantities; or
``(ii) to a satisfactory quality; or
``(C) the use of steel, iron, and manufactured
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 criteria that the President shall
use to determine whether the application of subsection (a) is
inconsistent with the public interest for purposes of paragraph
(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 opportunity for comment on
request for a waiver.--
``(A) In general.--If the President receives 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
``(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 received under
paragraph (1)(A); and
``(B) is published before the waiver takes effect.
``(3) Annual report.--Not later than February 1 of each
year beginning after the date of enactment of this section, the
President 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 subsection (b)
during the preceding calendar year;
``(B) identifies the country of origin and product
specifications for steel, iron, or manufactured goods
acquired pursuant to each waiver under subsection (b)
issued by the President during the preceding calendar
year;
``(C) summarizes the monetary value of contracts
awarded pursuant to each such waiver;
``(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
``(F) provides an employment impact analysis of the
cumulative effect of all waivers under subsection (b)
issued by the President during the preceding calendar
year on manufacturing 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 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 manufactured in foreign countries for projects
carried out with such assistance; or
``(2) any recipient of such assistance from complying with
such State requirements.
``(e) 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
subcontract funded with amounts made available to carry out a section
specified in subsection (a)(1) if the President, the head of any
department, agency, or instrumentality of the United States, or a court
determines that such person intentionally--
``(1) affixed a label bearing a `Made in America'
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 manufactured
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 Agreements.--
``(1) In general.--This section shall be applied 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
carry out a section specified in subsection (a)(1), including
any project for which the President has issued a waiver under
subsection (b), if the President, 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.
``(g) Emergency Waiver.--Notwithstanding any other provision of
this section, the President may waive the applicability of this
section, in whole or in part, in an emergency.''.
(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 President shall review each standing nationwide waiver issued under
section 707 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (as added by this section) to determine whether
continuing such waiver is necessary.
(c) Repeal of Buy America Requirements.--Section 306 of the
Disaster Mitigation Act of 2000 (42 U.S.C. 5206) is repealed.
SEC. 204. AMERICANIZATION OF OFFSHORE OPERATIONS IN THE EXCLUSIVE
ECONOMIC ZONE.
(a) Registry Endorsement Required.--
(1) In general.--Section 12111 of title 46, United States
Code, is amended by adding at the end the following:
``(e) Resource Activities in the EEZ.--Except for activities
requiring an endorsement under section 12112 or 12113, only a vessel
for which a certificate of documentation with a registry endorsement is
issued and that is owned by a citizen of the United States (as
determined under section 50501(d)) may engage in support of
exploration, development, or production of resources in, on, above, or
below the exclusive economic zone or any other activity in the
exclusive economic zone to the extent that the regulation of such
activity is not prohibited under customary international law.''.
(2) Application.--The amendment made by paragraph (1)
applies only with respect to exploration, development,
production, and support activities that commence on or after
July 1, 2011.
(b) Legal Authority.--Section 2301 of title 46, United States Code,
is amended--
(1) by striking ``chapter'' and inserting ``title''; and
(2) by inserting after ``1988'' the following: ``, and the
exclusive economic zone to the extent that the regulation of
such operation is not prohibited under customary international
law''.
(c) Training for Coast Guard Personnel.--Not later than 180 days
after the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall establish a
program to provide Coast Guard personnel with the training necessary
for the implementation of the amendments made by this section.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee 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.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee 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.
Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Highways and Transit.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Water Resources and Environment.
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Referred to the Subcommittee on Domestic Monetary Policy and Technology.