,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #ahag  ,,in ,,the ,,house ,,of  
,,representatives  ,april #bf1 #bjac    
,mr4 ,visclosky 7for himself and ,mr4   
,murphy of ,pennsylvania7 introduced the
 following bill2 which was referred to  
the ,committee on ,transportation and   
,infrastructure1 and in addition to the 
,committees on ,homeland ,security and  
,armed ,services1 for a period to be    
subsequently determined by the ,speaker1
 in each case for consideration of such 
provisions as fall within the           
jurisdiction of the committee concerned 
,a ,,bill  ,to require certain ,federal 
agencies to use iron and steel produced 
in the ,united ,states in carrying out  
projects for the construction1          
alteration1 or repair of a public       
building or public work1 and for other  
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,american ,steel    
,first ,act of #bjac4  #b4 ,use of iron 
and steel produced in the ,united       
,states in the construction of public   

works  7a7 ,in general ,notwithstanding 
any other provision of law1 the head of 
a covered ,federal agency may not       
obligate or expend funds appropriated to
 the agency1 or provide financial       
assistance using funds appropriated to  
the agency1 for a project for the       
construction1 alteration1 maintenance1  
or repair of a public building or public
 work unless all of the iron and steel  
used in the project is produced in the  
,united ,states4  7b7 ,exceptions ,the  
provisions of subsection 7a7 shall not  
apply to a covered ,federal agency in   
any case in which the head of the agency
 finds that--  7#a7 their application   
would be inconsistent with the public   
interest2  7#b7 iron and steel are not  
produced in the ,united ,states in      
sufficient and reasonably available     
quantities and of a satisfactory        
quality2 or  7#c7 inclusion of iron and 
steel produced in the ,united ,states   
will increase the cost of the overall   
project contract by more than #be       

percent4  7c7 ,written justification for
 waiver  7#a7 ,notice and comment ,if   
the head of a covered ,federal agency   
determines that it is necessary to waive
 the application of subsection 7a7 based
 on a finding under subsection 7b71 the 
head of the agency shall1 before the    
waiver becomes effective--  7,a7 publish
 in the ,federal ,register a detailed   
written justification as to why the     
waiver is needed2 and  7,b7 provide the 
public with a reasonable period of time 
for notice and comment4  7#b7 ,annual   
report ,not later than one year after   
the date of enactment of this ,act1 and 
annually thereafter1 the head of a      
covered ,federal agency shall submit to 
,congress a report on--  7,a7 any       
waivers granted by the head of the      
agency under subsection 7b7 in the      
preceding year1 including justifications
 for the waivers2 and  7,b7 any         
obligation or expenditure of funds by   
the head of the agency in the preceding 
year that did not conform to the        

requirements of this section due to     
limitations imposed by a treaty1        
agreement1 or other provision of law4   
7d7 ,relationship to ,state requirements
 ,the head of a covered ,federal agency 
shall not impose any limitation or      
condition on financial assistance       
provided using funds appropriated to the
 agency that restricts any ,state from  
imposing more stringent requirements    
than this section on the use of iron and
 steel in foreign countries in projects 
carried out with such assistance or     
restricts any recipient of such         
assistance from complying with such     
,state imposed requirements4  7e7       
,intentional violations ,if it has been 
determined by a court or ,federal agency
 that any person intentionally--  7#a7  
affixed a label bearing a ,made in      
,america inscription1 or any inscription
 with the same meaning1 to any product  
used in projects to which this section  
applies1 sold in or shipped to the      
,united ,states that was not made in the

 ,united ,states2 or  7#b7 represented  
that any product used in projects to    
which this section applies1 sold in or  
shipped to the ,united ,states that was 
not produced in the ,united ,states1 was
 produced in the ,united ,states2  that 
person shall be ineligible1 for a period
 of #f years beginning on the date of   
the determination1 to receive any       
contract or subcontract made with funds 
authorized to be appropriated to the    
agency pursuant to the debarment1       
suspension1 and ineligibility procedures
 in subpart #i4d of chapter #a of title 
#dh1 ,code of ,federal ,regulations4    
7f7 ,limitation on applicability of     
waivers to products produced in certain 
foreign countries ,if the head of a     
covered ,federal agency1 in consultation
 with the ,united ,states ,trade        
,representative1 determines that--  7#a7
 a foreign country is a party to an     
agreement with the ,united ,states and  
pursuant to that agreement the head of  
an agency of the ,united ,states has    

waived the requirements of this section2
 and  7#b7 the foreign country has      
violated the terms of the agreement by  
discriminating against products covered 
by this section that are produced in the
 ,united ,states and are covered by the 
agreement1  the provisions of subsection
 7b7 shall not apply with respect to the
 head of the covered ,federal agency in 
connection with products produced in    
that foreign country4  7g7 ,relationship
 to transportation provisions           
,notwithstanding any provision of this  
section1 the requirements contained in  
section #cac of title #bc1 ,united      
,states ,code1 and sections #ecbc7;j7   
and #ejaja of title #di1 ,united ,states
 ,code1 as amended by this ,act1 shall  
continue to apply4  7h7 ,application of 
requirements to entire project ,the     
requirement of subsection 7a7 and the   
exceptions specified in subsection 7b7  
apply to the total of obligations and   
expenditures for an entire project and  
not only to obligations and expenditures

 for component parts of such project4   
7i7 ,definitions ,in this section1 the  
following definitions apply3  7#a7      
,covered ,federal agency ,the term      
covered ,federal agency means the       
,department of ,homeland ,security1 the 
,department of ,defense1 and the        
,department of ,transportation4  7#b7   
,public building2 public work ,the terms
 public building and public work have   
the meanings given such terms in section
 #hcja of title #da1 ,united ,states    
,code1 and include airports1 bridges1   
canals1 dams1 dikes1 pipelines1         
railroads1 multiline mass transit       
systems1 roads1 tunnels1 harbors1 and   
piers4  #c4 ,buy ,america requirements  
in transportation laws  7a7 ,highways   
,section #cac of title #bc1 ,united     
,states ,code1 is amended--  7#a7 by    
redesignating subsections 7c7 through   
7g7 as subsections 7d7 through 7h71     
respectively2  7#b7 by inserting after  
subsection 7b7 the following3  7c7      
,written justification for waiver  7#a7 

,notice and comment ,if the ,secretary  
determines that it is necessary to waive
 the application of subsection 7a7 based
 on a finding under subsection 7b71 the 
,secretary shall1 before the waiver     
becomes effective--  7,a7 publish in the
 ,federal ,register a detailed written  
justification as to why the waiver is   
needed2 and  7,b7 provide the public    
with a reasonable period of time for    
notice and comment4  7#b7 ,annual report
 ,not later than #a year after the date 
of enactment of this paragraph1 and     
annually thereafter1 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 on--     
7,a7 any waivers granted under          
subsection 7b7 in the preceding year1   
including justifications for the        
waivers2 and  7,b7 any obligation of    
funds by the ,secretary in the preceding
 year that did not conform to the       

requirements of this section due to     
limitations imposed by a treaty1        
agreement1 or other provision of law4  2
 and  7#c7 by adding at the end the     
following3  7i7 ,application of         
requirements to entire project ,the     
requirement of subsection 7a7 and the   
exceptions specified in subsection 7b7  
apply to the total of obligations for an
 entire project and not only to         
obligations for component parts of such 
project4  4  7b7 ,public transportation 
,section #ecbc7;j7 of title #di1 ,united
 ,states ,code1 is amended--  7#a7 by   
striking paragraph 7#c7 and inserting   
the following3  7#c7 ,written           
justification for waiver  7,a7 ,notice  
and comment ,if the ,secretary          
determines that it is necessary to waive
 the application of paragraph 7#a7 based
 on a finding under paragraph 7#b71 the 
,secretary shall1 before the waiver     
becomes effective--  7i7 publish in the 
,federal ,register a detailed written   
justification as to why the waiver is   

needed2 and  7ii7 provide the public    
with a reasonable period of time for    
notice and comment4  7,b7 ,annual report
 ,not later than #a year after the date 
of enactment of this subparagraph1 and  
annually thereafter1 the ,secretary     
shall submit to the ,committee on       
,transportation and ,infrastructure of  
the ,house of ,representatives and the  
,committee on ,banking1 ,housing1 and   
,urban ,affairs of the ,senate a report 
on--  7i7 any waivers granted under     
paragraph 7#b7 in the preceding year1   
including justifications for the        
waivers2 and  7ii7 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 treaty1        
agreement1 or other provision of law4  2
 and  7#b7 by adding at the end the     
following3  7#aj7 ,application of       
requirements to entire project ,the     
requirement of paragraph 7#a7 and the   
exceptions specified in paragraph 7#b7  

apply to the total of obligations for an
 entire project and not only to         
obligations for component parts of such 
project4  4  7c7 ,airports ,section     
#ejaja of title #di1 ,united ,states    
,code1 is amended--  7#a7 by            
redesignating subsection 7c7 as         
subsection 7d72  7#b7 by inserting after
 subsection 7b7 the following3  7c7     
,written justification for waiver  7#a7 
,notice and comment ,if the ,secretary  
determines that it is necessary to waive
 the application of subsection 7a7 based
 on a finding under subsection 7b71 the 
,secretary shall1 before the waiver     
becomes effective--  7,a7 publish in the
 ,federal ,register a detailed written  
justification as to why the waiver is   
needed2 and  7,b7 provide the public    
with a reasonable period of time for    
notice and comment4  7#b7 ,annual report
 ,not later than #a year after the date 
of enactment of this paragraph1 and     
annually thereafter1 the ,secretary     
shall submit to the ,committee on       

,transportation and ,infrastructure of  
the ,house of ,representatives and the  
,committee on ,commerce1 ,science1 and  
,transportation of the ,senate a report 
on--  7,a7 any waivers granted under    
subsection 7b7 in the preceding year1   
including justifications for the        
waivers2 and  7,b7 any obligation of    
funds by the ,secretary in the preceding
 year that did not conform to the       
requirements of this section due to     
limitations imposed by a treaty1        
agreement1 or other provision of law4  2
 and  7#c7 by adding at the end the     
following3  7d7 ,application of         
requirements to entire project ,the     
requirement of subsection 7a7 and the   
exceptions specified in subsection 7b7  
apply to the total of obligations for an
 entire project and not only to         
obligations for component parts of such 
project4  4  #d4 ,effective date ,this  
,act1 and the amendments made by this   
,act1 shall apply to amounts            
appropriated or otherwise made available

 after the date of enactment of this    
,act4