,i #aacth ,,congress #ast ,session ,h4 ,r4 #idi ,,in ,,the ,,house ,,of ,,representatives ,march #e1 #bjac ,mr4 ,rahall 7for himself1 ,mr4 ,de,fazio1 ,ms4 ,norton1 ,mr4 ,nadler1 ,ms4 ,brown of ,florida1 ,ms4 ,eddie ,bernice ,johnson of ,texas1 ,mr4 ,cummings1 ,mr4 ,larsen of ,washington1 ,mr4 ,capuano1 ,mr4 ,bishop of ,new ,york1 ,mr4 ,michaud1 ,mrs4 ,napolitano1 ,mr4 ,lipinski1 ,mr4 ,walz1 ,mr4 ,cohen1 ,mr4 ,sires1 ,ms4 ,edwards1 ,mr4 ,garamendi1 ,mr4 ,carson of ,indiana1 ,mr4 ,nolan1 ,mrs4 ,kirkpatrick1 ,mr4 ,sean ,patrick ,maloney of ,new ,york1 ,ms4 ,esty1 ,mrs4 ,bustos1 ,mr4 ,loebsack1 ,ms4 ,slaughter1 ,mr4 ,higgins1 ,mr4 ,peters of ,michigan1 ,mr4 ,visclosky1 and ,mr4 ,cicilline7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,financial ,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 ensure that transportation and infrastructure projects carried out using ,federal financial assistance are constructed with steel1 iron1 and manufactured goods that are produced in the ,united ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,invest in ,american ,jobs ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,department of ,transportation ,sec4 #aja4 ,federal-aid highway ,buy ,america provisions4 ,sec4 #ajb4 ,public transportation ,buy ,america provisions4 ,sec4 #ajc4 ,rail grant ,buy ,america provisions4 ,sec4 #ajd4 ,rail loan and loan guarantee ,buy ,america provisions4 ,sec4 #aje4 ,amtrak ,buy ,america provisions4 ,sec4 #ajf4 ,aviation ,buy ,america provisions4 ,sec4 #ajg4 ,department of ,transportation ,buy ,america annual report4 ,title ,,ii--,other infrastructure investment ,sec4 #bja4 ,wastewater treatment ,buy ,america provisions4 ,sec4 #bjb4 ,economic development ,buy ,america provisions4 ,sec4 #bjc4 ,,fema mitigation grant ,buy ,america provisions4 ,sec4 #bjd4 ,bridges over navigable waters ,buy ,america provisions4 ,sec4 #bje4 ,registry endorsement requirement in the ,exclusive ,economic ,zone4 ,i ,department of ,transportation #aja4 ,federal-aid highway ,buy ,america provisions 7a7 ,in general ,section #cac of title #bc1 ,united ,states ,code1 is amended to read as follows3 #cac4 ,buy ,america 7a7 ,domestic source requirement for steel1 iron1 and manufactured goods 7#a7 ,in general ,notwithstanding any other provision of law1 funds made available to carry out this title may not be obligated for a project unless the steel1 iron1 and manufactured goods used for the project are produced in the ,united ,states4 7#b7 ,scope ,the requirements of this section apply to all contracts for a project carried out within the scope of the applicable finding1 determination1 or decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 regardless of the funding source of such contracts1 if at least one contract for the project is funded with amounts made available to carry out this title4 7b7 ,exceptions 7#a7 ,issuance of waivers ,the ,secretary may waive the requirements of subsection 7a7 only if the ,secretary finds that-- 7,a7 applying subsection 7a7 would be inconsistent with the public interest1 as determined in accordance with the regulations required under paragraph 7#b72 7,b7 the steel1 iron1 or manufactured goods required for a project are not produced in the ,united ,states-- 7i7 in sufficient and reasonably available quantities2 or 7ii7 to a satisfactory quality2 or 7,c7 the use of steel1 iron1 and manufactured goods produced in the ,united ,states for a project will increase the total cost of the project by more than #be percent4 7#b7 ,regulations ,not later than #a year after the date of enactment of the ,invest in ,american ,jobs ,act of #bjac1 the ,secretary shall issue regulations establishing the criteria that the ,secretary shall use to determine whether the application of subsection 7a7 is inconsistent with the public interest for purposes of paragraph 7#a77;,a74 7#c7 ,labor costs ,for purposes of this subsection1 labor costs involved in final assembly shall not be included in calculating the cost of components4 7#d7 ,requests for waivers ,a recipient of assistance under this title seeking a waiver under paragraph 7#a7 shall submit to the ,secretary a request for the waiver in such form and containing such information as the ,secretary may require4 7c7 ,waiver requirements 7#a7 ,public notification of and opportunity for comment on request for a waiver 7,a7 ,in general ,if the ,secretary receives a request for a waiver under subsection 7b71 the ,secretary shall provide notice of and an opportunity for public comment on the request at least #cj days before making a finding based on the request4 7,b7 ,notice requirements ,a notice provided under subparagraph 7,a7 shall-- 7i7 include the information available to the ,secretary concerning the request1 including whether the request is being made under subsection 7b77#a77;,a71 7b77#a77;,b71 or 7b77#a77;,c72 and 7ii7 be provided by electronic means1 including on the official public ,internet ,web site of the ,department of ,transportation4 7#b7 ,detailed justification in ,federal ,register ,if the ,secretary issues a waiver under subsection 7b71 the ,secretary shall publish in the ,federal ,register a detailed justification for the waiver that-- 7,a7 addresses the public comments received under paragraph 7#a77;,a72 and 7,b7 is published before the waiver takes effect4 7d7 ,state requirements ,the ,secretary may not impose a limitation or condition on assistance provided under this title that restricts-- 7#a7 a ,state from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles1 materials1 or supplies mined1 produced1 or manufactured in foreign countries for projects carried out with such assistance2 or 7#b7 any recipient of such assistance from complying with such ,state requirements4 7e7 ,intentional violations ,pursuant to procedures established under subpart #i4d of chapter #a of title #dh1 ,code of ,federal ,regulations1 a person shall be ineligible to receive a contract or subcontract funded with amounts made available to carry out this title if the ,secretary1 the head of any department1 agency1 or instrumentality of the ,united ,states1 or a court determines that such person intentionally-- 7#a7 affixed a label bearing a ,made in ,america inscription1 or any inscription with the same meaning1 to any steel1 iron1 or manufactured goods that-- 7,a7 were used in a project to which this section applies2 and 7,b7 were not produced in the ,united ,states2 or 7#b7 represented that any steel1 iron1 or manufactured goods were produced in the ,united ,states that-- 7,a7 were used in a project to which this section applies2 and 7,b7 were not produced in the ,united ,states4 7f7 ,consistency with international agreements 7#a7 ,in general ,this section shall be applied in a manner that is consistent with ,united ,states obligations under international agreements4 7#b7 ,treatment of foreign countries in violation of international agreements ,the ,secretary shall prohibit the use of steel1 iron1 and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out this title1 including any project for which the ,secretary has issued a waiver under subsection 7b71 if the ,secretary1 in consultation with the ,united ,states ,trade ,representative1 determines that the foreign country is in violation of the terms of an agreement with the ,united ,states by discriminating against steel1 iron1 or manufactured goods that are produced in the ,united ,states and covered by the agreement4 4 7b7 ,review of nationwide waivers 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and at least every #e years thereafter1 the ,secretary of ,transportation shall review each standing nationwide waiver issued under section #cac of title #bc1 ,united ,states ,code1 to determine whether continuing such waiver is necessary4 7#b7 ,public notification of and opportunity for comment on review of standing nationwide waivers ,in conducting a review under paragraph 7#a71 the ,secretary shall provide notice of and an opportunity for public comment on the review at least #cj days before completing the review4 7#c7 ,notice requirement ,a notice provided under paragraph 7#b7 shall be provided by electronic means1 including on the official public ,internet ,web site of the ,department of ,transportation4 7#d7 ,detailed justification in ,federal ,register ,if the ,secretary finds it is necessary to continue a standing nationwide waiver after a review under paragraph 7#a71 the ,secretary shall publish in the ,federal ,register a detailed justification for such waiver that addresses the public comments received under paragraph 7#b74 7c7 ,repeals 7#a7 ,waiver notification and annual reports ,section #aag of the ,,safetea-,,lu ,technical ,corrections ,act of #bjjh 7#bc ,u4,s4,c4 #cac note7 is repealed4 7#b7 ,notice and public comments ,section #abc of title ,i of division ,a of the ,consolidated ,appropriations ,act1 #bjaj 7#bc ,u4,s4,c4 #cac note7 is repealed4 #ajb4 ,public transportation ,buy ,america provisions 7a7 ,in general ,section #ecbc7;j7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7j7 ,buy ,america 7#a7 ,domestic source requirement for steel1 iron1 and manufactured goods 7,a7 ,in general ,notwithstanding any other provision of law1 and except as provided in subparagraph 7,b71 funds made available to carry out this chapter may not be obligated for a project unless the steel1 iron1 and manufactured goods used for the project are produced in the ,united ,states4 7,b7 ,special rules for rolling stock ,funds made available to carry out this chapter may not be obligated for the procurement of rolling stock 7including train control1 communication1 traction power equipment1 and rolling stock prototypes7 unless-- 7i7 the cost of components and subcomponents produced in the ,united ,states-- 7,i7 for fiscal year #bjac is more than #fj percent of the cost of all components of the rolling stock2 7,,ii7 for fiscal year #bjad is more than #gj percent of the cost of all components of the rolling stock2 7,,iii7 for fiscal year #bjae is more than #hj percent of the cost of all components of the rolling stock2 7,,iv7 for fiscal year #bjaf is more than #ij percent of the cost of all components of the rolling stock2 and 7,v7 for fiscal year #bjag1 and each fiscal year thereafter1 is #ajj percent of the cost of all components of the rolling stock2 and 7ii7 final assembly of the rolling stock1 including rolling stock prototypes1 occurs in the ,united ,states4 7,c7 ,scope ,the requirements of this subsection apply to all contracts for a public transportation project carried out within the scope of the applicable finding1 determination1 or decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 regardless of the funding source of such contracts1 if at least one contract for the public transportation project is funded with amounts made available to carry out this chapter4 7#b7 ,exceptions 7,a7 ,issuance of waivers ,the ,secretary may waive the requirements of paragraph 7#a7 only if the ,secretary finds that-- 7i7 applying paragraph 7#a7 would be inconsistent with the public interest1 as determined in accordance with the regulations required under subparagraph 7,b72 7ii7 the steel1 iron1 or manufactured goods required for a project are not produced in the ,united ,states-- 7,i7 in sufficient and reasonably available quantities2 or 7,,ii7 to a satisfactory quality2 or 7iii7 the use of steel1 iron1 and manufactured goods produced in the ,united ,states for a project will increase the total cost of the project by more than #be percent4 7,b7 ,regulations ,not later than #a year after the date of enactment of the ,invest in ,american ,jobs ,act of #bjac1 the ,secretary shall issue regulations establishing the criteria that the ,secretary shall use to determine whether the application of paragraph 7#a7 is inconsistent with the public interest for purposes of subparagraph 7,a77i74 7,c7 ,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 quality1 the ,secretary may issue a waiver under subparagraph 7,a7 with respect to such component4 7,d7 ,labor costs ,for purposes of this subsection1 labor costs involved in final assembly shall not be included in calculating the cost of components4 7,e7 ,requests for waivers ,a recipient of assistance under this chapter seeking a waiver under subparagraph 7,a7 shall submit to the ,secretary a request for the waiver in such form and containing such information as the ,secretary may require4 7#c7 ,waiver requirements 7,a7 ,public notification of and opportunity for comment on request for a waiver 7i7 ,in general ,if the ,secretary receives a request for a waiver under paragraph 7#b71 the ,secretary shall provide notice of and an opportunity for public comment on the request at least #cj days before making a finding based on the request4 7ii7 ,notice requirements ,a notice provided under clause 7i7 shall-- 7,i7 include the information available to the ,secretary concerning the request1 including whether the request is being made under paragraph 7#b77;,a77i71 7#b77;,a77ii71 or 7#b77;,a77iii72 and 7,,ii7 be provided by electronic means1 including on the official public ,internet ,web site of the ,department of ,transportation4 7,b7 ,detailed justification in ,federal ,register ,if the ,secretary issues a waiver under paragraph 7#b71 the ,secretary shall publish in the ,federal ,register a detailed justification for the waiver that-- 7i7 addresses the public comments received under subparagraph 7,a77i72 and 7ii7 is published before the waiver takes effect4 7#d7 ,state requirements ,the ,secretary may not impose a limitation or condition on assistance provided under this chapter that restricts-- 7,a7 a ,state from imposing requirements that are more stringent than those imposed under this subsection with respect to limiting the use of articles1 materials1 or supplies mined1 produced1 or manufactured in foreign countries for projects carried out with such assistance2 or 7,b7 any recipient of such assistance from complying with such ,state requirements4 7#e7 ,intentional violations ,pursuant to procedures established under subpart #i4d of chapter #a of title #dh1 ,code of ,federal ,regulations1 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 ,secretary1 the head of any department1 agency1 or instrumentality of the ,united ,states1 or a court determines that such person intentionally-- 7,a7 affixed a label bearing a ,made in ,america inscription1 or any inscription with the same meaning1 to any steel1 iron1 or manufactured goods that-- 7i7 were used in a project to which this subsection applies2 and 7ii7 were not produced in the ,united ,states2 or 7,b7 represented that any steel1 iron1 or manufactured goods were produced in the ,united ,states that-- 7i7 were used in a project to which this subsection applies2 and 7ii7 were not produced in the ,united ,states4 7#f7 ,consistency with international agreements 7,a7 ,in general ,this subsection shall be applied in a manner that is consistent with ,united ,states obligations under international agreements4 7,b7 ,treatment of foreign countries in violation of international agreements ,the ,secretary shall prohibit the use of steel1 iron1 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 assistance1 including any project for which the ,secretary has issued a waiver under paragraph 7#b71 if the ,secretary1 in consultation with the ,united ,states ,trade ,representative1 determines that the foreign country is in violation of the terms of an agreement with the ,united ,states by discriminating against steel1 iron1 or manufactured goods that are produced in the ,united ,states and covered by the agreement4 7#g7 ,opportunity to correct inadvertent error ,the ,secretary may allow a manufacturer or supplier of steel1 iron1 or manufactured goods to correct after bid opening an incomplete ,buy ,america certificate or an incorrect certificate of noncompliance 7but not a failure to sign a certificate1 a submission of both a certificate of compliance and a certificate of noncompliance1 or a failure to submit any certificate7 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 error4 ,the burden of establishing inadvertent or clerical error is on the manufacturer or supplier4 4 7b7 ,review of general public interest waivers ,not later than #a year after the date of enactment of this ,act1 and at least every #e years thereafter1 the ,secretary of ,transportation shall review the general public interest waivers described in subsection 7b7 of ,appendix ,a of section #ffa4g of title #di1 ,code of ,federal ,regulations1 to determine whether continuing such waivers is in the public interest4 #ajc4 ,rail grant ,buy ,america provisions 7a7 ,in general ,section #bddje7;a7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7a7 ,buy ,america 7#a7 ,domestic source requirement for steel1 iron1 and manufactured goods 7,a7 ,in general ,notwithstanding any other provision of law1 funds made available to carry out this chapter1 chapter #bbc1 chapter #bfa1 or section #bjaed or #bdaje may not be obligated for a project unless the steel1 iron1 and manufactured goods used for the project are produced in the ,united ,states4 7,b7 ,scope ,the requirements of this subsection apply to all contracts for a project carried out within the scope of the applicable finding1 determination1 or decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 regardless of the funding source of such contracts1 if at least one contract for the project is funded with amounts made available to carry out a provision specified in subparagraph 7,a74 7#b7 ,exceptions 7,a7 ,issuance of waivers ,the ,secretary of ,transportation may waive the requirements of paragraph 7#a7 only if the ,secretary finds that-- 7i7 applying paragraph 7#a7 would be inconsistent with the public interest1 as determined in accordance with the regulations required under subparagraph 7,b72 7ii7 the steel1 iron1 or manufactured goods required for a project are not produced in the ,united ,states-- 7,i7 in sufficient and reasonably available quantities2 or 7,,ii7 to a satisfactory quality2 or 7iii7 the use of steel1 iron1 and manufactured goods produced in the ,united ,states for a project will increase the total cost of the project by more than #be percent4 7,b7 ,regulations ,not later than #a year after the date of enactment of the ,invest in ,american ,jobs ,act of #bjac1 the ,secretary shall issue regulations establishing the criteria that the ,secretary shall use to determine whether the application of paragraph 7#a7 is inconsistent with the public interest for purposes of subparagraph 7,a77i74 7,c7 ,labor costs ,for purposes of this paragraph1 labor costs involved in final assembly shall not be included in calculating the cost of components4 7,d7 ,requests for waivers ,a recipient of assistance under this chapter1 chapter #bbc1 chapter #bfa1 or section #bjaed or #bdaje seeking a waiver under subparagraph 7,a7 shall submit to the ,secretary a request for the waiver in such form and containing such information as the ,secretary may require4 7#c7 ,waiver requirements 7,a7 ,public notification of and opportunity for comment on request for a waiver 7i7 ,in general ,if the ,secretary receives a request for a waiver under paragraph 7#b71 the ,secretary shall provide notice of and an opportunity for public comment on the request at least #cj days before making a finding based on the request4 7ii7 ,notice requirements ,a notice provided under clause 7i7 shall-- 7,i7 include the information available to the ,secretary concerning the request1 including whether the request is being made under paragraph 7#b77;,a77i71 7#b77;,a77ii71 or 7#b77;,a77iii72 and 7,,ii7 be provided by electronic means1 including on the official public ,internet ,web site of the ,department of ,transportation4 7,b7 ,detailed justification in ,federal ,register ,if the ,secretary issues a waiver under paragraph 7#b71 the ,secretary shall publish in the ,federal ,register a detailed justification for the waiver that-- 7i7 addresses the public comments received under subparagraph 7,a77i72 and 7ii7 is published before the waiver takes effect4 7#d7 ,state requirements ,the ,secretary may not impose a limitation or condition on assistance provided under this chapter1 chapter #bbc1 chapter #bfa1 or section #bjaed or #bdaje that restricts-- 7,a7 a ,state from imposing requirements that are more stringent than those imposed under this subsection with respect to limiting the use of articles1 materials1 or supplies mined1 produced1 or manufactured in foreign countries for projects carried out with such assistance2 or 7,b7 any recipient of such assistance from complying with such ,state requirements4 7#e7 ,intentional violations ,pursuant to procedures established under subpart #i4d of chapter #a of title #dh1 ,code of ,federal ,regulations1 a person shall be ineligible to receive a contract or subcontract funded with amounts made available to carry out this chapter1 chapter #bbc1 chapter #bfa1 or section #bjaed or #bdaje if the ,secretary1 the head of any department1 agency1 or instrumentality of the ,united ,states1 or a court determines that such person intentionally-- 7,a7 affixed a label bearing a ,made in ,america inscription1 or any inscription with the same meaning1 to any steel1 iron1 or manufactured goods that-- 7i7 were used in a project to which this subsection applies2 and 7ii7 were not produced in the ,united ,states2 or 7,b7 represented that any steel1 iron1 or manufactured goods were produced in the ,united ,states that-- 7i7 were used in a project to which this subsection applies2 and 7ii7 were not produced in the ,united ,states4 7#f7 ,consistency with international agreements 7,a7 ,in general ,this subsection shall be applied in a manner that is consistent with ,united ,states obligations under international agreements4 7,b7 ,treatment of foreign countries in violation of international agreements ,the ,secretary shall prohibit the use of steel1 iron1 and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out this chapter1 chapter #bbc1 chapter #bfa1 or section #bjaed or #bdaje1 including any project for which the ,secretary has issued a waiver under paragraph 7#b71 if the ,secretary1 in consultation with the ,united ,states ,trade ,representative1 determines that the foreign country is in violation of the terms of an agreement with the ,united ,states by discriminating against steel1 iron1 or manufactured goods that are produced in the ,united ,states and covered by the agreement4 7#g7 ,opportunity to correct inadvertent error ,the ,secretary may allow a manufacturer or supplier of steel1 iron1 or manufactured goods to correct after bid opening an incomplete ,buy ,america certificate or an incorrect certificate of noncompliance 7but not a failure to sign a certificate1 a submission of both a certificate of compliance and a certificate of noncompliance1 or a failure to submit any certificate7 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 error4 ,the burden of establishing inadvertent or clerical error is on the manufacturer or supplier4 4 7b7 ,review of nationwide waivers ,not later than #a year after the date of enactment of this ,act1 and at least every #e years thereafter1 the ,secretary of ,transportation shall review each standing nationwide waiver issued under section #bddje7;a7 of title #di1 ,united ,states ,code1 to determine whether continuing such waiver is necessary4 #ajd4 ,rail loan and loan guarantee ,buy ,america provisions ,section #ejb7;h77#c7 of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7;h77#c77 is amended-- 7#a7 by striking and at the end of subparagraph 7,a72 7#b7 by striking the period at the end of subparagraph 7,b7 and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 the requirements of section #bddje7;a7 of title #di1 ,united ,states ,code4 4 #aje4 ,amtrak ,buy ,america provisions 7a7 ,in general ,section #bdcje7;f7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7f7 ,buy ,america 7#a7 ,domestic source requirement for steel1 iron1 and manufactured goods 7,a7 ,in general ,notwithstanding any other provision of law1 funds made available to ,amtrak under section #aja7;c7 of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#abb ,stat4 #dijh7 may not be used for a capital project 7as defined in subparagraphs 7,a7 and 7,b7 of section #bddja7b77 to bring the ,northeast ,corridor to a state-of-good-repair or for any other capital expense of ,amtrak unless the steel1 iron1 and manufactured goods used for the project or other capital expense are produced in the ,united ,states4 7,b7 ,scope ,the requirements of this subsection apply to all contracts for a project or other capital expense carried out within the scope of the applicable finding1 determination1 or decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 regardless of the funding source of such contracts1 if at least one contract with respect to the project or other capital expense is funded with amounts made available under section #aja7;c7 of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#abb ,stat4 #dijh74 7,c7 ,united ,states defined ,in this subsection1 the term ,united ,states means the ,states1 territories1 and possessions of the ,united ,states and the ,district of ,columbia4 7#b7 ,exceptions 7,a7 ,issuance of waivers ,the ,secretary of ,transportation may waive the requirements of paragraph 7#a7 only if the ,secretary finds that-- 7i7 applying paragraph 7#a7 would be inconsistent with the public interest1 as determined in accordance with the regulations required under subparagraph 7,b72 7ii7 the steel1 iron1 or manufactured goods required for a project or other capital expense are not produced in the ,united ,states-- 7,i7 in sufficient and reasonably available quantities2 or 7,,ii7 to a satisfactory quality2 or 7iii7 the use of steel1 iron1 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 #be percent4 7,b7 ,regulations ,not later than #a year after the date of enactment of the ,invest in ,american ,jobs ,act of #bjac1 the ,secretary shall issue regulations establishing the criteria that the ,secretary shall use to determine whether the application of paragraph 7#a7 is inconsistent with the public interest for purposes of subparagraph 7,a77i74 7,c7 ,labor costs ,for purposes of this paragraph1 labor costs involved in final assembly shall not be included in calculating the cost of components4 7,d7 ,requests for waivers ,if ,amtrak seeks a waiver under subparagraph 7,a71 ,amtrak shall submit to the ,secretary a request for the waiver in such form and containing such information as the ,secretary may require4 7#c7 ,waiver requirements 7,a7 ,public notification of and opportunity for comment on request for a waiver 7i7 ,in general ,if the ,secretary receives a request for a waiver from ,amtrak under paragraph 7#b71 the ,secretary shall provide notice of and an opportunity for public comment on the request at least #cj days before making a finding based on the request4 7ii7 ,notice requirements ,a notice provided under clause 7i7 shall-- 7,i7 include the information available to the ,secretary concerning the request1 including whether the request is being made under paragraph 7#b77;,a77i71 7#b77;,a77ii71 or 7#b77;,a77iii72 and 7,,ii7 be provided by electronic means1 including on the official public ,internet ,web site of the ,department of ,transportation4 7,b7 ,detailed justification in ,federal ,register ,if the ,secretary issues a waiver under paragraph 7#b71 the ,secretary shall publish in the ,federal ,register a detailed justification for the waiver that-- 7i7 addresses the public comments received under subparagraph 7,a77i72 and 7ii7 is published before the waiver takes effect4 7#d7 ,state requirements ,the ,secretary may not impose a limitation or condition on assistance provided with funds described in paragraph 7#a77;,a7 that restricts-- 7,a7 a ,state from imposing requirements that are more stringent than those imposed under this subsection with respect to limiting the use of articles1 materials1 or supplies mined1 produced1 or manufactured in foreign countries for capital projects or other capital expenses carried out with such assistance2 or 7,b7 any recipient of such assistance from complying with such ,state requirements4 7#e7 ,intentional violations ,pursuant to procedures established under subpart #i4d of chapter #a of title #dh1 ,code of ,federal ,regulations1 a person shall be ineligible to receive a contract or subcontract funded with funds described in paragraph 7#a77;,a7 if the ,secretary1 the head of any department1 agency1 or instrumentality of the ,united ,states1 or a court determines that such person intentionally-- 7,a7 affixed a label bearing a ,made in ,america inscription1 or any inscription with the same meaning1 to any steel1 iron1 or manufactured goods that-- 7i7 were used in a capital project or other capital expense to which this subsection applies2 and 7ii7 were not produced in the ,united ,states2 or 7,b7 represented that any steel1 iron1 or manufactured goods were produced in the ,united ,states that-- 7i7 were used in a capital project or other capital expense to which this subsection applies2 and 7ii7 were not produced in the ,united ,states4 7#f7 ,consistency with international agreements 7,a7 ,in general ,this subsection shall be applied in a manner that is consistent with ,united ,states obligations under international agreements4 7,b7 ,treatment of foreign countries in violation of international agreements ,the ,secretary shall prohibit the use of steel1 iron1 and manufactured goods produced in a foreign country in a capital project or other capital expense funded with funds described in paragraph 7#a77;,a71 including any project or capital expense for which the ,secretary has issued a waiver under paragraph 7#b71 if the ,secretary1 in consultation with the ,united ,states ,trade ,representative1 determines that the foreign country is in violation of the terms of an agreement with the ,united ,states by discriminating against steel1 iron1 or manufactured goods that are produced in the ,united ,states and covered by the agreement4 4 7b7 ,review of nationwide waivers ,not later than #a year after the date of enactment of this ,act1 and at least every #e years thereafter1 the ,secretary of ,transportation shall review each standing nationwide waiver issued under section #bdcje7;f7 of title #di1 ,united ,states ,code1 to determine whether continuing such waiver is necessary4 #ajf4 ,aviation ,buy ,america provisions 7a7 ,buy-,american preferences ,chapter #eja of title #di1 ,united ,states ,code1 is amended by striking the chapter heading and inserting ,buy ,america4 7b7 ,enhancements ,to buy ,america requirements ,section #ejaja of such title is amended to read as follows3 #ejaja4 ,buy ,america 7a7 ,domestic source requirement for steel1 iron1 and manufactured goods 7#a7 ,in general ,notwithstanding any other provision of law1 and except as provided in paragraph 7#b71 funds made available to carry out section #ajf7k71 #ddejb7;a77#b71 or #ddeji1 subchapter ,i of chapter #dga 7except section #dgabg71 or chapter #dha 7except sections #dhajb7;e71 #dhajf1 #dhajg1 and #dhaaj7 of this title may not be obligated for a project unless the steel1 iron1 and manufactured goods used for the project are produced in the ,united ,states4 7#b7 ,special rules for certain facilities and equipment ,with respect to a project for the procurement of a facility or equipment1 funds made available to carry out the provisions specified in paragraph 7#a7 may not be obligated for the project unless-- 7,a7 the cost of components and subcomponents produced in the ,united ,states-- 7i7 for fiscal year #bjac is more than #fj percent of the cost of all components of the facility or equipment2 7ii7 for fiscal year #bjad is more than #gj percent of the cost of all components of the facility or equipment2 7iii7 for fiscal year #bjae is more than #hj percent of the cost of all components of the facility or equipment2 7iv7 for fiscal year #bjaf is more than #ij percent of the cost of all components of the facility or equipment2 and 7v7 for fiscal year #bjag1 and each fiscal year thereafter1 is #ajj percent of the cost of all components of the facility or equipment2 and 7,b7 final assembly of the facility or equipment occurs in the ,united ,states4 7#c7 ,scope ,the requirements of this section apply to all contracts for a project carried out within the scope of the applicable finding1 determination1 or decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 regardless of the funding source of such contracts1 if at least one contract for the project is funded with amounts made available to carry out a provision specified in paragraph 7#a74 7b7 ,exceptions 7#a7 ,issuance of waivers ,the ,secretary of ,transportation may waive the requirements of subsection 7a7 only if the ,secretary finds that-- 7,a7 applying subsection 7a7 would be inconsistent with the public interest1 as determined in accordance with the regulations required under paragraph 7#b72 7,b7 the steel1 iron1 or manufactured goods required for a project are not produced in the ,united ,states-- 7i7 in sufficient and reasonably available quantities2 or 7ii7 to a satisfactory quality2 or 7,c7 the use of steel1 iron1 and manufactured goods produced in the ,united ,states for a project will increase the total cost of the project by more than #be percent4 7#b7 ,regulations ,not later than #a year after the date of enactment of the ,invest in ,american ,jobs ,act of #bjac1 the ,secretary shall issue regulations establishing the criteria that the ,secretary shall use to determine whether the application of subsection 7a7 is inconsistent with the public interest for purposes of paragraph 7#a77;,a74 7#c7 ,labor costs ,for purposes of this section1 labor costs involved in final assembly are not included in calculating the cost of components4 7#d7 ,requests for waivers ,an entity seeking a waiver under paragraph 7#a7 shall submit to the ,secretary a request for the waiver in such form and containing such information as the ,secretary may require4 7#e7 ,preference for ,american-assembled facilities and equipment ,in the procurement of a facility or equipment subject to a waiver issued under paragraph 7#a71 the ,secretary shall give preference to a facility or equipment for which final assembly occurred in the ,united ,states4 7#f7 ,limitation on waiver authority ,in the procurement of a facility or equipment1 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 quality1 the ,secretary may issue a waiver under paragraph 7#a7 with respect to such component4 7c7 ,waiver requirements 7#a7 ,public notification of and opportunity for comment on request for a waiver 7,a7 ,in general ,if the ,secretary receives a request for a waiver under subsection 7b71 the ,secretary shall provide notice of and an opportunity for public comment on the request at least #cj days before making a finding based on the request4 7,b7 ,notice requirements ,a notice provided under subparagraph 7,a7 shall-- 7i7 include the information available to the ,secretary concerning the request1 including whether the request is being made under subsection 7b77#a77;,a71 7b77#a77;,b71 or 7b77#a77;,c72 and 7ii7 be provided by electronic means1 including on the official public ,internet ,web site of the ,department of ,transportation4 7#b7 ,detailed justification in ,federal ,register ,if the ,secretary issues a waiver under subsection 7b71 the ,secretary shall publish in the ,federal ,register a detailed justification for the waiver that-- 7,a7 addresses the public comments received under paragraph 7#a77;,a72 and 7,b7 is published before the waiver takes effect4 7d7 ,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 7a77#a7 that restricts-- 7#a7 a ,state from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles1 materials1 or supplies mined1 produced1 or manufactured in foreign countries for projects carried out with such assistance2 or 7#b7 any recipient of such assistance from complying with such ,state requirements4 7e7 ,consistency with international agreements 7#a7 ,in general ,this section shall be applied in a manner that is consistent with ,united ,states obligations under international agreements4 7#b7 ,treatment of foreign countries in violation of international agreements ,the ,secretary shall prohibit the use of steel1 iron1 and manufactured goods produced in a foreign country in a project funded with funds made available to carry out a provision specified in subsection 7a77#a71 including any project for which the ,secretary has issued a waiver under subsection 7b71 if the ,secretary1 in consultation with the ,united ,states ,trade ,representative1 determines that the foreign country is in violation of the terms of an agreement with the ,united ,states by discriminating against steel1 iron1 or manufactured goods that are produced in the ,united ,states and covered by the agreement4 4 7c7 ,clerical amendments 7#a7 ,subtitle analysis ,the analysis for subtitle ,,vii of title #di1 ,united ,states ,code1 is amended by striking the item relating to chapter #eja and inserting the following3 #eja4;,buy ,america#ejaja 4 7#b7 ,chapter analysis ,the analysis for chapter #eja of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #ejaja and inserting the following3 #ejaja4 ,buy ,america4 4 7d7 ,prohibition on contracting upon falsification of label ,section #ejaje of such title is amended by inserting steel1 iron1 or manufactured before goods4 7e7 ,review of nationwide waivers ,not later than #a year after the date of enactment of this ,act1 and at least every #e years thereafter1 the ,secretary of ,transportation shall review each standing nationwide waiver issued under section #ejaja of title #di1 ,united ,states ,code1 to determine whether continuing such waiver is necessary4 #ajg4 ,department of ,transportation ,buy ,america annual report ,section #cjh of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,buy ,america ,not later than ,february #a of each year beginning after the date of enactment of this subsection1 the ,secretary shall submit to ,congress a report that-- 7#a7 specifies each project with respect to which the ,secretary issued a waiver from a ,buy ,america requirement during the preceding calendar year2 7#b7 identifies the country of origin and product specifications for steel1 iron1 or manufactured goods acquired pursuant to each waiver from a ,buy ,america requirement issued by the ,secretary during the preceding calendar year2 7#c7 summarizes the monetary value of contracts awarded pursuant to each such waiver2 7#d7 provides the justification for each such waiver1 including the specific law1 treaty1 or international agreement under which the waiver was granted2 7#e7 summarizes the funds expended on-- 7,a7 steel1 iron1 and manufactured goods produced in the ,united ,states for projects with respect to which a ,buy ,america requirement1 under which the ,secretary has waiver authority1 applied during the preceding calendar year2 and 7,b7 steel1 iron1 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 year2 and 7#f7 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 ,states4 4 ,,ii ,other infrastructure investment #bja4 ,wastewater treatment ,buy ,america provisions 7a7 ,in general ,title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 is amended by adding at the end the following3 #fjh4 ,buy ,america 7a7 ,domestic source requirement for steel1 iron1 and manufactured goods 7#a7 ,in general ,notwithstanding any other provision of law1 funds made available from a ,state water pollution control revolving fund established under this title may not be used1 in whole or in part1 for a project for the construction of treatment works unless the steel1 iron1 and manufactured goods used for the project are produced in the ,united ,states4 7#b7 ,scope ,the requirements of this section apply to all contracts for the construction of treatment works carried out within the scope of the applicable finding1 determination1 or decision under section #eaa7;c77#a71 regardless of the funding source of such contracts1 if at least one contract for the construction is funded with amounts made available to carry out this title4 7b7 ,exceptions 7#a7 ,issuance of waivers ,the ,administrator may waive the requirements of subsection 7a7 only if the ,administrator finds that-- 7,a7 applying subsection 7a7 would be inconsistent with the public interest1 as determined in accordance with the regulations required under paragraph 7#b72 7,b7 the steel1 iron1 or manufactured goods required for a project are not produced in the ,united ,states-- 7i7 in sufficient and reasonably available quantities2 or 7ii7 to a satisfactory quality2 or 7,c7 the use of steel1 iron1 and manufactured goods produced in the ,united ,states for a project will increase the total cost of the project by more than #be percent4 7#b7 ,regulations ,not later than #a year after the date of enactment of this section1 the ,administrator shall issue regulations establishing the criteria that the ,administrator shall use to determine whether the application of subsection 7a7 is inconsistent with the public interest for purposes of paragraph 7#a77;,a74 7#c7 ,requests for waivers ,a recipient of assistance under this title seeking a waiver under paragraph 7#a7 shall submit to the ,administrator a request for the waiver in such form and containing such information as the ,administrator may require4 7c7 ,waiver requirements 7#a7 ,public notification of and opportunity for comment on request for a waiver 7,a7 ,in general ,if the ,administrator receives a request for a waiver under subsection 7b71 the ,administrator shall provide notice of and an opportunity for public comment on the request at least #cj days before making a finding based on the request4 7,b7 ,notice requirements ,a notice provided under subparagraph 7,a7 shall-- 7i7 include the information available to the ,administrator concerning the request1 including whether the request is being made under subsection 7b77#a77;,a71 7b77#a77;,b71 or 7b77#a77;,c72 and 7ii7 be provided by electronic means1 including on the official public ,internet ,web site of the ,environmental ,protection ,agency4 7#b7 ,detailed justification in ,federal ,register ,if the ,administrator issues a waiver under subsection 7b71 the ,administrator shall publish in the ,federal ,register a detailed justification for the waiver that-- 7,a7 addresses the public comments received under paragraph 7#a77;,a72 and 7,b7 is published before the waiver takes effect4 7#c7 ,annual report ,not later than ,february #a of each year beginning after the date of enactment of this section1 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-- 7,a7 specifies each project with respect to which the ,administrator issued a waiver under subsection 7b7 during the preceding calendar year2 7,b7 identifies the country of origin and product specifications for steel1 iron1 or manufactured goods acquired pursuant to each waiver under subsection 7b7 issued by the ,administrator during the preceding calendar year2 7,c7 summarizes the monetary value of contracts awarded pursuant to each such waiver2 7,d7 provides the justification for each such waiver1 including the specific law1 treaty1 or international agreement under which the waiver was granted2 7,e7 summarizes the funds expended on-- 7i7 steel1 iron1 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 year2 and 7ii7 steel1 iron1 and manufactured goods produced outside the ,united ,states for projects with respect to which the ,administrator issued a waiver under subsection 7b7 during the preceding calendar year2 and 7,f7 provides an employment impact analysis of the cumulative effect of all waivers under subsection 7b7 issued by the ,administrator during the preceding calendar year on manufacturing employment in the ,united ,states4 7d7 ,state requirements ,the ,administrator may not impose a limitation or condition on assistance provided under this title that restricts-- 7#a7 a ,state from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles1 materials1 or supplies mined1 produced1 or manufactured in foreign countries for projects carried out with such assistance2 or 7#b7 any recipient of such assistance from complying with such ,state requirements4 7e7 ,intentional violations ,pursuant to procedures established under subpart #i4d of chapter #a of title #dh1 ,code of ,federal ,regulations1 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 ,administrator1 the head of any department1 agency1 or instrumentality of the ,united ,states1 or a court determines that such person intentionally-- 7#a7 affixed a label bearing a ,made in ,america inscription1 or any inscription with the same meaning1 to any steel1 iron1 or manufactured goods that-- 7,a7 were used in a project to which this section applies2 and 7,b7 were not produced in the ,united ,states2 or 7#b7 represented that any steel1 iron1 or manufactured goods were produced in the ,united ,states that-- 7,a7 were used in a project to which this section applies2 and 7,b7 were not produced in the ,united ,states4 7f7 ,consistency with international agreements 7#a7 ,in general ,this section shall be applied in a manner that is consistent with ,united ,states obligations under international agreements4 7#b7 ,treatment of foreign countries in violation of international agreements ,the ,administrator shall prohibit the use of steel1 iron1 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 title1 including any project for which the ,administrator has issued a waiver under subsection 7b71 if the ,administrator1 in consultation with the ,united ,states ,trade ,representative1 determines that the foreign country is in violation of the terms of an agreement with the ,united ,states by discriminating against steel1 iron1 or manufactured goods that are produced in the ,united ,states and covered by the agreement4 4 7b7 ,review of nationwide waivers ,not later than #a year after the date of enactment of this ,act1 and at least every #e years thereafter1 the ,administrator of the ,environmental ,protection ,agency shall review each standing nationwide waiver issued under section #fjh of the ,federal ,water ,pollution ,control ,act 7as added by this section7 to determine whether continuing such waiver is necessary4 #bjb4 ,economic development ,buy ,america provisions 7a7 ,in general ,title ,,vi of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cbaa et seq47 is amended by adding at the end the following3 #fac4 ,buy ,america 7a7 ,domestic source requirement for steel1 iron1 and manufactured goods 7#a7 ,in general ,notwithstanding any other provision of law1 funds made available to carry out section #bja or #bji may not be obligated for a project unless the steel1 iron1 and manufactured goods used for the project are produced in the ,united ,states4 7#b7 ,scope ,the requirements of this section apply to all contracts for a project carried out within the scope of the applicable finding1 determination1 or decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 regardless of the funding source of such contracts1 if at least one contract for the project is funded with amounts made available to carry out section #bja or #bji4 7b7 ,exceptions 7#a7 ,issuance of waivers ,the ,secretary may waive the requirements of subsection 7a7 only if the ,secretary finds that-- 7,a7 applying subsection 7a7 would be inconsistent with the public interest1 as determined in accordance with the regulations required under paragraph 7#b72 7,b7 the steel1 iron1 or manufactured goods required for a project are not produced in the ,united ,states-- 7i7 in sufficient and reasonably available quantities2 or 7ii7 to a satisfactory quality2 or 7,c7 the use of steel1 iron1 and manufactured goods produced in the ,united ,states for a project will increase the total cost of the project by more than #be percent4 7#b7 ,regulations ,not later than #a year after the date of enactment of this section1 the ,secretary shall issue regulations establishing the criteria that the ,secretary shall use to determine whether the application of subsection 7a7 is inconsistent with the public interest for purposes of paragraph 7#a77;,a74 7#c7 ,requests for waivers ,a recipient of assistance under section #bja or #bji seeking a waiver under paragraph 7#a7 shall submit to the ,secretary a request for the waiver in such form and containing such information as the ,secretary may require4 7c7 ,waiver requirements 7#a7 ,public notification of and opportunity for comment on request for a waiver 7,a7 ,in general ,if the ,secretary receives a request for a waiver under subsection 7b71 the ,secretary shall provide notice of and an opportunity for public comment on the request at least #cj days before making a finding based on the request4 7,b7 ,notice requirements ,a notice provided under subparagraph 7,a7 shall-- 7i7 include the information available to the ,secretary concerning the request1 including whether the request is being made under subsection 7b77#a77;,a71 7b77#a77;,b71 or 7b77#a77;,c72 and 7ii7 be provided by electronic means1 including on the official public ,internet ,web site of the ,department4 7#b7 ,detailed justification in ,federal ,register ,if the ,secretary issues a waiver under subsection 7b71 the ,secretary shall publish in the ,federal ,register a detailed justification for the waiver that-- 7,a7 addresses the public comments received under paragraph 7#a77;,a72 and 7,b7 is published before the waiver takes effect4 7#c7 ,annual report ,not later than ,february #a of each year beginning after the date of enactment of this section1 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-- 7,a7 specifies each project with respect to which the ,secretary issued a waiver under subsection 7b7 during the preceding calendar year2 7,b7 identifies the country of origin and product specifications for steel1 iron1 or manufactured goods acquired pursuant to each waiver under subsection 7b7 issued by the ,secretary during the preceding calendar year2 7,c7 summarizes the monetary value of contracts awarded pursuant to each such waiver2 7,d7 provides the justification for each such waiver1 including the specific law1 treaty1 or international agreement under which the waiver was granted2 7,e7 summarizes the funds expended on-- 7i7 steel1 iron1 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 year2 and 7ii7 steel1 iron1 and manufactured goods produced outside the ,united ,states for projects with respect to which the ,secretary issued a waiver under subsection 7b7 during the preceding calendar year2 and 7,f7 provides an employment impact analysis of the cumulative effect of all waivers under subsection 7b7 issued by the ,secretary during the preceding calendar year on manufacturing employment in the ,united ,states4 7d7 ,state requirements ,the ,secretary may not impose a limitation or condition on assistance provided under section #bja or #bji that restricts-- 7#a7 a ,state from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles1 materials1 or supplies mined1 produced1 or manufactured in foreign countries for projects carried out with such assistance2 or 7#b7 any recipient of such assistance from complying with such ,state requirements4 7e7 ,intentional violations ,pursuant to procedures established under subpart #i4d of chapter #a of title #dh1 ,code of ,federal ,regulations1 a person shall be ineligible to receive a contract or subcontract funded with amounts made available to carry out section #bja or #bji if the ,secretary1 the head of any department1 agency1 or instrumentality of the ,united ,states1 or a court determines that such person intentionally-- 7#a7 affixed a label bearing a ,made in ,america inscription1 or any inscription with the same meaning1 to any steel1 iron1 or manufactured goods that-- 7,a7 were used in a project to which this section applies2 and 7,b7 were not produced in the ,united ,states2 or 7#b7 represented that any steel1 iron1 or manufactured goods were produced in the ,united ,states that-- 7,a7 were used in a project to which this section applies2 and 7,b7 were not produced in the ,united ,states4 7f7 ,consistency with international agreements 7#a7 ,in general ,this section shall be applied in a manner that is consistent with ,united ,states obligations under international agreements4 7#b7 ,treatment of foreign countries in violation of international agreements ,the ,secretary shall prohibit the use of steel1 iron1 and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out section #bja or #bji1 including any project for which the ,secretary has issued a waiver under subsection 7b71 if the ,secretary1 in consultation with the ,united ,states ,trade ,representative1 determines that the foreign country is in violation of the terms of an agreement with the ,united ,states by discriminating against steel1 iron1 or manufactured goods that are produced in the ,united ,states and covered by the agreement4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,public ,works and ,economic ,development ,act of #aife is amended by inserting after the item relating to section #fab the following3 #fac4 ,buy ,america4 4 7c7 ,review of nationwide waivers ,not later than #a year after the date of enactment of this ,act1 and at least every #e years thereafter1 the ,secretary of ,commerce shall review each standing nationwide waiver issued under section #fac of the ,public ,works and ,economic ,development ,act of #aife 7as added by this section7 to determine whether continuing such waiver is necessary4 #bjc4 ,,fema mitigation grant ,buy ,america provisions 7a7 ,in general ,title ,,vii of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #ebja et seq47 is amended by adding at the end the following3 #gjg4 ,buy ,america 7a7 ,domestic source requirement for steel1 iron1 and manufactured goods 7#a7 ,in general ,notwithstanding any other provision of law1 funds made available to carry out section #bjc1 #djd1 #djf1 #dag1 or #fad may not be obligated for a project unless the steel1 iron1 and manufactured goods used for the project are produced in the ,united ,states4 7#b7 ,scope ,the requirements of this section apply to all contracts for a project carried out within the scope of the applicable finding1 determination1 or decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 regardless of the funding source of such contracts1 if at least one contract for the project is funded with amounts made available to carry out a section specified in paragraph 7#a74 7b7 ,exceptions 7#a7 ,issuance of waivers ,the ,president may waive the requirements of subsection 7a7 only if the ,president finds that-- 7,a7 applying subsection 7a7 would be inconsistent with the public interest1 as determined in accordance with the regulations required under paragraph 7#b72 7,b7 the steel1 iron1 or manufactured goods required for a project are not produced in the ,united ,states-- 7i7 in sufficient and reasonably available quantities2 or 7ii7 to a satisfactory quality2 or 7,c7 the use of steel1 iron1 and manufactured goods produced in the ,united ,states for a project will increase the total cost of the project by more than #be percent4 7#b7 ,regulations ,not later than #a year after the date of enactment of this section1 the ,president shall issue regulations establishing the criteria that the ,president shall use to determine whether the application of subsection 7a7 is inconsistent with the public interest for purposes of paragraph 7#a77;,a74 7#c7 ,requests for waivers ,a recipient of assistance under a section specified in subsection 7a77#a7 seeking a waiver under paragraph 7#a7 shall submit to the ,president a request for the waiver in such form and containing such information as the ,president may require4 7c7 ,waiver requirements 7#a7 ,public notification of and opportunity for comment on request for a waiver 7,a7 ,in general ,if the ,president receives a request for a waiver under subsection 7b71 the ,president shall provide notice of and an opportunity for public comment on the request at least #cj days before making a finding based on the request4 7,b7 ,notice requirements ,a notice provided under subparagraph 7,a7 shall-- 7i7 include the information available to the ,president concerning the request1 including whether the request is being made under subsection 7b77#a77;,a71 7b77#a77;,b71 or 7b77#a77;,c72 and 7ii7 be provided by electronic means1 including on the official public ,internet ,web site of the ,president4 7#b7 ,detailed justification in federal register ,if the ,president issues a waiver under subsection 7b71 the ,president shall publish in the ,federal ,register a detailed justification for the waiver that-- 7,a7 addresses the public comments received under paragraph 7#a77;,a72 and 7,b7 is published before the waiver takes effect4 7#c7 ,annual report ,not later than ,february #a of each year beginning after the date of enactment of this section1 the ,president1 acting through the ,administrator of the ,federal ,emergency ,management ,agency1 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-- 7,a7 specifies each project with respect to which the ,president issued a waiver under subsection 7b7 during the preceding calendar year2 7,b7 identifies the country of origin and product specifications for steel1 iron1 or manufactured goods acquired pursuant to each waiver under subsection 7b7 issued by the ,president during the preceding calendar year2 7,c7 summarizes the monetary value of contracts awarded pursuant to each such waiver2 7,d7 provides the justification for each such waiver1 including the specific law1 treaty1 or international agreement under which the waiver was granted2 7,e7 summarizes the funds expended on-- 7i7 steel1 iron1 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 year2 and 7ii7 steel1 iron1 and manufactured goods produced outside the ,united ,states for projects with respect to which the ,president issued a waiver under subsection 7b7 during the preceding calendar year2 and 7,f7 provides an employment impact analysis of the cumulative effect of all waivers under subsection 7b7 issued by the ,president during the preceding calendar year on manufacturing employment in the ,united ,states4 7d7 ,state requirements ,the ,president may not impose a limitation or condition on assistance provided under a section specified in subsection 7a77#a7 that restricts-- 7#a7 a ,state from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles1 materials1 or supplies mined1 produced1 or manufactured in foreign countries for projects carried out with such assistance2 or 7#b7 any recipient of such assistance from complying with such ,state requirements4 7e7 ,intentional violations ,pursuant to procedures established under subpart #i4d of chapter #a of title #dh1 ,code of ,federal ,regulations1 a person shall be ineligible to receive a contract or subcontract funded with amounts made available to carry out a section specified in subsection 7a77#a7 if the ,president1 the head of any department1 agency1 or instrumentality of the ,united ,states1 or a court determines that such person intentionally-- 7#a7 affixed a label bearing a ,made in ,america inscription1 or any inscription with the same meaning1 to any steel1 iron1 or manufactured goods that-- 7,a7 were used in a project to which this section applies2 and 7,b7 were not produced in the ,united ,states2 or 7#b7 represented that any steel1 iron1 or manufactured goods were produced in the ,united ,states that-- 7,a7 were used in a project to which this section applies2 and 7,b7 were not produced in the ,united ,states4 7f7 ,consistency with international agreements 7#a7 ,in general ,this section shall be applied in a manner that is consistent with ,united ,states obligations under international agreements4 7#b7 ,treatment of foreign countries in violation of international agreements ,the ,president shall prohibit the use of steel1 iron1 and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out a section specified in subsection 7a77#a71 including any project for which the ,president has issued a waiver under subsection 7b71 if the ,president1 in consultation with the ,united ,states ,trade ,representative1 determines that the foreign country is in violation of the terms of an agreement with the ,united ,states by discriminating against steel1 iron1 or manufactured goods that are produced in the ,united ,states and covered by the agreement4 7g7 ,emergency waiver ,notwithstanding any other provision of this section1 the ,president may waive the applicability of this section1 in whole or in part1 in an emergency4 4 7b7 ,review of nationwide waivers ,not later than #a year after the date of enactment of this ,act1 and at least every #e years thereafter1 the ,president shall review each standing nationwide waiver issued under section #gjg of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7as added by this section7 to determine whether continuing such waiver is necessary4 7c7 ,repeal of ,buy ,america requirements ,section #cjf of the ,disaster ,mitigation ,act of #bjjj 7#db ,u4,s4,c4 #ebjf7 is repealed4 #bjd4 ,bridges over navigable waters ,buy ,america provisions 7a7 ,in general ,the ,act of ,june #ba1 #aidj 7#cc ,u4,s4,c4 #eaa et seq42 popularly known as the ,truman-,hobbs ,act7 is amended by adding at the end the following3 #ad4 ,buy ,america 7a7 ,domestic source requirement for steel1 iron1 and manufactured goods 7#a7 ,in general ,notwithstanding any other provision of law1 funds made available to carry out this ,act may not be used1 in whole or in part1 for a project for the alteration of a bridge unless the steel1 iron1 and manufactured goods used for the project are produced in the ,united ,states4 7#b7 ,scope ,the requirements of this section apply to all contracts for a project carried out within the scope of the applicable finding1 determination1 or decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 regardless of the funding source of such contracts1 if at least one contract for the project is funded with amounts made available to carry out this ,act4 7b7 ,exceptions 7#a7 ,issuance of waivers ,the ,secretary may waive the requirements of subsection 7a7 only if the ,secretary finds that-- 7,a7 applying subsection 7a7 would be inconsistent with the public interest1 as determined in accordance with the regulations required under paragraph 7#b72 7,b7 the steel1 iron1 or manufactured goods required for a project are not produced in the ,united ,states-- 7i7 in sufficient and reasonably available quantities2 or 7ii7 to a satisfactory quality2 or 7,c7 the use of steel1 iron1 and manufactured goods produced in the ,united ,states for a project will increase the total cost of the project by more than #be percent4 7#b7 ,regulations ,not later than #a year after the date of enactment of this section1 the ,secretary shall issue regulations establishing the criteria that the ,secretary shall use to determine whether the application of subsection 7a7 is inconsistent with the public interest for purposes of paragraph 7#a77;,a74 7#c7 ,requests for waivers ,a recipient of assistance under this ,act seeking a waiver under paragraph 7#a7 shall submit to the ,secretary a request for the waiver in such form and containing such information as the ,secretary may require4 7c7 ,waiver requirements 7#a7 ,public notification of and opportunity for comment on request for a waiver 7,a7 ,in general ,if the ,secretary receives a request for a waiver under subsection 7b71 the ,secretary shall provide notice of and an opportunity for public comment on the request at least #cj days before making a finding based on the request4 7,b7 ,notice requirements ,a notice provided under subparagraph 7,a7 shall-- 7i7 include the information available to the ,secretary concerning the request1 including whether the request is being made under subsection 7b77#a77;,a71 7b77#a77;,b71 or 7b77#a77;,c72 and 7ii7 be provided by electronic means1 including on the official public ,internet ,web site of the department in which the ,coast ,guard is operating4 7#b7 ,detailed justification in ,federal register ,if the ,secretary issues a waiver under subsection 7b71 the ,secretary shall publish in the ,federal ,register a detailed justification for the waiver that-- 7,a7 addresses the public comments received under paragraph 7#a77;,a72 and 7,b7 is published before the waiver takes effect4 7#c7 ,annual report ,not later than ,february #a of each year beginning after the date of enactment of this section1 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 that-- 7,a7 specifies each project with respect to which the ,secretary issued a waiver under subsection 7b7 during the preceding calendar year2 7,b7 identifies the country of origin and product specifications for steel1 iron1 or manufactured goods acquired pursuant to each waiver under subsection 7b7 issued by the ,secretary during the preceding calendar year2 7,c7 summarizes the monetary value of contracts awarded pursuant to each such waiver2 7,d7 provides the justification for each such waiver1 including the specific law1 treaty1 or international agreement under which the waiver was granted2 7,e7 summarizes the funds expended on-- 7i7 steel1 iron1 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 year2 and 7ii7 steel1 iron1 and manufactured goods produced outside the ,united ,states for projects with respect to which the ,secretary issued a waiver under subsection 7b7 during the preceding calendar year2 and 7,f7 provides an employment impact analysis of the cumulative effect of all waivers under subsection 7b7 issued by the ,secretary during the preceding calendar year on manufacturing employment in the ,united ,states4 7d7 ,state requirements ,the ,secretary may not impose a limitation or condition on assistance provided under this ,act that restricts-- 7#a7 a ,state from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles1 materials1 or supplies mined1 produced1 or manufactured in foreign countries for projects carried out with such assistance2 or 7#b7 any recipient of such assistance from complying with such ,state requirements4 7e7 ,intentional violations ,pursuant to procedures established under subpart #i4d of chapter #a of title #dh1 ,code of ,federal ,regulations1 a person shall be ineligible to receive a contract or subcontract funded with amounts made available under this ,act if the ,secretary1 the head of any department1 agency1 or instrumentality of the ,united ,states1 or a court determines that such person intentionally-- 7#a7 affixed a label bearing a ,made in ,america inscription1 or any inscription with the same meaning1 to any steel1 iron1 or manufactured goods that-- 7,a7 were used in a project to which this section applies2 and 7,b7 were not produced in the ,united ,states2 or 7#b7 represented that any steel1 iron1 or manufactured goods were produced in the ,united ,states that-- 7,a7 were used in a project to which this section applies2 and 7,b7 were not produced in the ,united ,states4 7f7 ,consistency with international agreements 7#a7 ,in general ,this section shall be applied in a manner that is consistent with ,united ,states obligations under international agreements4 7#b7 ,treatment of foreign countries in violation of international agreements ,the ,secretary shall prohibit the use of steel1 iron1 and manufactured goods produced in a foreign country in a project funded with amounts made available under this ,act1 including any project for which the ,secretary has issued a waiver under subsection 7b71 if the ,secretary1 in consultation with the ,united ,states ,trade ,representative1 determines that the foreign country is in violation of the terms of an agreement with the ,united ,states by discriminating against steel1 iron1 or manufactured goods that are produced in the ,united ,states and covered by the agreement4 7g7 ,emergency waiver ,notwithstanding any other provision of this section1 the ,secretary may waive the applicability of this section1 in whole or in part1 in an emergency4 4 7b7 ,review of nationwide waivers ,not later than #a year after the date of enactment of this ,act1 and at least every #e years thereafter1 the ,secretary of the department in which the ,coast ,guard is operating shall review each standing nationwide waiver issued under section #ad of the ,act of ,june #ba1 #aidj 7as added by this section7 to determine whether continuing such waiver is necessary4 #bje4 ,registry endorsement requirement in the ,exclusive ,economic ,zone 7a7 ,registry endorsement required 7#a7 ,in general ,section #abaaa of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,resource activities in the ,,eez ,except for activities requiring an endorsement under section #abaab or #abaac1 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 7as determined under section #ejeja7;d77 may engage in support of exploration1 development1 or production of resources in1 on1 above1 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 law4 4 7#b7 ,application ,the amendment made by paragraph 7#a7 applies only with respect to exploration1 development1 production1 and support activities that commence on or after ,july #a1 #bjac4 7b7 ,legal authority ,section #bcja of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking chapter and inserting title2 and 7#b7 by inserting after #aihh the following3 1 and the exclusive economic zone to the extent that the regulation of such operation is not prohibited under customary international law4 7c7 ,training for ,coast ,guard personnel ,not later than #ahj days after the date of enactment of this ,act1 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 section4