,,ii #aacth ,,congress #b;d ,session ,s4 #bfhb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bi1 #bjad ,mr4 ,pryor 7for himself and ,mr4 ,walsh7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to require certain ,federal agencies to use iron1 steel1 wood products1 cement and manufactured goods produced in the ,united ,states in public construction projects1 to permanently extend the ,build ,america ,bonds program1 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 title ,this ,act may be cited as the ,made in the ,u4,s4,a4 ,act4 #b4 ,buy ,american 7a7 ,in general ,notwithstanding any other provision of law1 except for the ,trade ,agreements ,act of #aigi 7#ai ,u4,s4,c4 #beja et seq471 the head of a ,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 substantially all of the iron1 steel1 wood products1 cement1 and manufactured goods used in the project are produced in the ,united ,states4 7b7 ,waiver ,the head of a ,federal agency may waive the provisions of subsection 7a7 with respect to such if he or she determines that-- 7#a7 the application of such provisions would be inconsistent with the public interest2 7#b7 iron1 steel1 wood products1 cement1 and manufactured goods are not produced in the ,united ,states in sufficient and reasonably available quantities and of a satisfactory quality2 or 7#c7 inclusion of iron1 steel1 wood products1 cement1 and manufactured goods produced in the ,united ,states will increase the project schedule or total cost of the project by more than #be percent 7or by more than #ej percent for ,department of ,defense projects74 7c7 ,waiver requirements 7#a7 ,detailed justification in federal register ,if the head of a ,federal agency issues a waiver under subsection 7b71 he or she shall publish a detailed justification for such waiver in the ,federal ,register4 7#b7 ,annual report ,not later than #b years after the date of the enactment of this ,act1 and annually thereafter1 in any year that the head of a ,federal agency issues a waiver under subsection 7b71 the agency head shall submit a report to ,congress that-- 7,a7 specifies each project with respect to which the agency head issued a waiver under subsection 7b7 during the preceding calendar year2 7,b7 identifies the country of origin and product specifications for steel1 iron1 wood products1 cement or manufactured goods acquired pursuant to each waiver issued by the agency head under subsection 7b7 during the preceding calendar year2 7,c7 summarizes the monetary value of contracts awarded pursuant to each such waiver2 7,d7 summarizes the funds expended on-- 7i7 steel1 iron1 wood products1 cement1 and manufactured goods produced in the ,united ,states for projects with respect to which the requirement under this section applied during the preceding calendar year2 and 7ii7 steel1 iron1 wood products1 cement1 and manufactured goods produced outside the ,united ,states for projects with respect to which the agency head issued a waiver under subsection 7b77#a7 during the preceding calendar year2 and 7,e7 provides an employment impact analysis of the cumulative effect of all waivers issued by the agency head under subsection 7b7 during the preceding calendar year on manufacturing employment in the ,united ,states4 7d7 ,excepted items ,this section shall not apply to articles1 materials1 or supplies-- 7#a7 for use outside the ,united ,states 7as described in sections #hcjb7;a77#b77;,a7 and #hcjc7;b77#a77;,a772 7#b7 below the micro-purchase threshold under section #aijb of title #da1 ,united ,states ,code2 7#c7 including information technology that is a commercial item 7as described in section #be4ajc7;e7 of title #dh1 ,code of ,federal ,regulations72 or 7#d7 for commissary resale 7as described in section #be4ajc7;d7 of title #dh1 ,code of ,federal ,regulations74 7e7 ,relationship to ,state requirements ,the head of a ,federal agency may not impose any limitation or condition on financial assistance provided using funds appropriated to the agency that-- 7#a7 restricts any ,state from imposing more stringent requirements than the requirements under this section on the use of iron1 steel1 wood products1 cement1 and manufactured goods in foreign countries in projects carried out with such assistance2 or 7#b7 restricts any recipient of such assistance from complying with such ,state requirements4 7f7 ,intentional violations ,a person shall be ineligible to receive any contract or subcontract made with funds authorized to be appropriated to a ,federal agency pursuant to the debarment1 suspension1 and ineligibility procedures in subpart #i4d of chapter #a of title #dh1 ,code of ,federal ,regulations1 for a #f-year period beginning on the date of a determination under this subsection1 if a court or the ,federal agency determines that the person intentionally represented that any iron1 steel1 wood product1 cement1 or manufactured good 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 ,states4 7g7 ,application of requirements to entire project ,the requirement under subsection 7a7 and the exceptions specified in subsection 7b7 shall 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 7h7 ,definitions ,in this section1 the terms public building and public work-- 7#a7 have the meanings given such terms in section #hcja of title #da1 ,united ,states ,code2 and 7#b7 include airports1 bridges1 canals1 dams1 dikes1 pipelines1 railroads1 multiline mass transit systems1 roads1 tunnels1 harbors1 and piers4 7i7 ,effective date ,this section shall apply to amounts appropriated or otherwise made available at least #a year after the date of the enactment of this ,act4 #c4 ,permanent ,extension of ,build ,america ,bonds 7a7 ,reduction in bond holder credit percentage ,section #ed;,,aa7b7 of the ,internal ,revenue ,code of #aihf is amended by striking #ce percent and inserting #bh percent 7#ce percent in the case of bonds issued before ,january #a1 #bjaa74 7b7 ,permanent extension ,section #ed;,,aa7d77#a77;,b7 of such ,code is amended by inserting or after the date of the enactment of the ,made in the ,u4,s4,a4 ,act1 after ,january #a1 #bjaa14 7c7 ,qualified bond defined ,section #ed;,,aa7g7 of such ,code is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,qualified bond ,for purposes of this section1 the term qualified bond-- 7,a7 means any build ,america bond issued as part of an issue if-- 7i7 #ajj percent of the excess of-- 7,i7 the available project proceeds 7as defined in section #ed;,a7 of such issue1 over 7,,ii7 the amounts in a reasonably required reserve 7within the meaning of section #aej7;a77#c77 with respect to such issue1 are to be used for capital expenditures 7including capital expenditures for levees and other flood control projects71 and 7ii7 the issuer makes an irrevocable election to have this subsection apply2 7,b7 includes any bond 7or series of bonds7 issued to refund a qualified bond if-- 7i7 the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue1 7ii7 the amount of the refunding bond does not exceed the outstanding amount of the refunded bond1 and 7iii7 the refunded bond is redeemed not later than #ij days after the date of the issuance of the refunding bond1 7,c7 includes any bond 7or series of bonds7 that is reasonably expected to be used for the issuer's operating expenses as long as the issue is limited to a maturity of #ac months or less1 and 7,d7 includes any bond 7or series of bonds7 that is a qualified #eja7;c77#c7 bond 7as defined in section #ade74 7#c7 ,additional purposes 7,a7 ,in the case of a refunding bond referred to in paragraph 7#b77;,b71 the applicable percentage with respect to such bond under section #fdca7;b7 shall be the lowest percentage specified in paragraph 7#b7 of such section4 7,b7 ,for purposes of paragraph 7#b77;,b77i71 average maturity shall be determined in accordance with section #adg7;b77#b77;,a74 7,c7 ,subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code1 shall apply to projects financed with the proceeds of any build ,america bond issued after the date of the enactment of this paragraph4 4 7d7 ,payments to issuers 7#a7 ,in general ,section #fdca of such ,code is amended-- 7,a7 in subsection 7a71 by striking issued before ,january #a1 #bjaa2 and 7,b7 in subsection 7f77#a77;,b71 by striking before ,january #a1 #bjaa and inserting during a particular period4 7#b7 ,conforming amendments ,section #ed;,,aa7g7 of such ,code is amended-- 7,a7 in the subsection heading1 by striking qualified bonds issued before #bjaa and inserting certain qualified bonds2 and 7,b7 in the matter preceding paragraph 7#a71 by striking before ,january #a1 #bjaa4 7e7 ,reduction in percentage of payments to issuers ,section #fdca7;b7 of such ,code is amended by striking #ce percent and inserting #bh percent 7#ce percent in the case of bonds issued before ,january #a1 #bjaa74 #d4 ,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 under this section shall 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 #a 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 determines that-- 7,a7 applying subsection 7a7 would be inconsistent with the public interest1 as determined in accordance with the regulations issued 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 and 7ii7 of 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 project schedule or total cost of the project by more than #be percent4 7#b7 ,rulemaking ,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 a request for such waiver to the ,secretary 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-- 7i7 shall include the information available to the ,secretary concerning the request1 including whether the request is being made under subparagraph 7,a71 7,b71 or 7,c7 of subsection 7b77#a72 and 7ii7 shall be provided by electronic means1 including on the official public ,internet website 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 website 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 #e4 ,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 #bjae is more than #fj percent of the cost of all components of the rolling stock2 7,,ii7 for fiscal year #bjaf is more than #gj percent of the cost of all components of the rolling stock2 7,,iii7 for fiscal year #bjag is more than #hj percent of the cost of all components of the rolling stock2 7,,iv7 for fiscal year #bjah is more than #ij percent of the cost of all components of the rolling stock2 and 7,v7 for fiscal year #bjai1 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 under this subsection shall 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 issued 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 and 7,,ii7 of a satisfactory quality2 or 7iii7 the use of steel1 iron1 and manufactured goods produced in the ,united ,states for a project will increase the project schedule or total cost of the project by more than #be percent4 7,b7 ,rulemaking ,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 website 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 #f4 ,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 amounts made available to ,amtrak under section #aja7;c7 of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7division ,b of ,public ,law #aaj-dcb2 #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 under this subsection shall 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 ,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 #bjae is more than #fj percent of the cost of all components of the rolling stock2 7,,ii7 for fiscal year #bjaf is more than #gj percent of the cost of all components of the rolling stock2 7,,iii7 for fiscal year #bjag is more than #hj percent of the cost of all components of the rolling stock2 7,,iv7 for fiscal year #bjah is more than #ij percent of the cost of all components of the rolling stock2 and 7,v7 for fiscal year #bjai1 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#b7 ,exceptions 7,a7 ,issuance of waivers ,the ,secretary of ,transportation may waive the requirements under paragraph 7#a7 only if the ,secretary determines that-- 7i7 applying paragraph 7#a7 would be inconsistent with the public interest1 as determined in accordance with the regulations issued 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 and 7,,ii7 of a satisfactory quality2 7iii7 the use of steel1 iron1 and manufactured goods produced in the ,united ,states for a project or other capital expense will increase the project schedule or total cost of the project by more than #be percent2 or 7iv7 the cost of articles1 material1 or supplies bought is not more than #a1jjj1jjj4 7,b7 ,rulemaking ,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 paragraph1 labor costs involved in final assembly shall not be included in calculating the cost of components4 7,e7 ,requests for waivers ,if ,amtrak seeks a waiver under subparagraph 7,a71 ,amtrak shall submit a request for the waiver to the ,secretary 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 determination based on the request4 7ii7 ,notice requirements ,a notice provided under clause 7i7-- 7,i7 shall include the information available to the ,secretary concerning the request1 including whether the request is being made under clause 7i71 7ii71 or 7iii7 of paragraph 7#b77;,a72 and 7,,ii7 shall be provided by electronic means1 including on the official public ,internet website 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 #g4 ,aviation ,buy ,america provisions 7a7 ,buy ,america 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 amounts 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 #bjae is more than #fj percent of the cost of all components of the facility or equipment2 7ii7 for fiscal year #bjaf is more than #gj percent of the cost of all components of the facility or equipment2 7iii7 for fiscal year #bjag is more than #hj percent of the cost of all components of the facility or equipment2 7iv7 for fiscal year #bjah is more than #ij percent of the cost of all components of the facility or equipment2 and 7v7 for fiscal year #bjai1 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 under this section shall 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 determines that-- 7,a7 applying subsection 7a7 would be inconsistent with the public interest1 as determined in accordance with the regulations issued 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 and 7ii7 of 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 project schedule or total cost of the project by more than #be percent4 7#b7 ,rulemaking ,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 determines 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 determination based on the request4 7,b7 ,notice requirements ,a notice provided under subparagraph 7,a7-- 7i7 shall include the information available to the ,secretary concerning the request1 including whether the request is being made under subparagraph 7,a71 7,b71 or 7,c7 of subsection 7b77#a72 and 7ii7 shall be provided by electronic means1 including on the official public ,internet website 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 a detailed justification for the waiver in the ,federal ,register 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 the 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 #h4 ,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 at least #a year after the date of the enactment of this subsection1 the ,secretary shall submit a report to ,congress 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