< Back to H.R. 3533 (112th Congress, 2011–2013)

Text of the Invest in American Jobs Act of 2011

This bill was introduced on December 1, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Dec 1, 2011 (Introduced).

Download PDF

Source: GPO

I

112th CONGRESS

1st Session

H. R. 3533

IN THE HOUSE OF REPRESENTATIVES

December 1, 2011

(for himself, Mr. DeFazio, Mr. Costello, Ms. Norton, Mr. Nadler, Ms. Brown of Florida, Mr. Filner, Ms. Eddie Bernice Johnson of Texas, Mr. Cummings, Mr. Boswell, Mr. Holden, Mr. Capuano, Mr. Bishop of New York, Mr. Michaud, Mr. Carnahan, Mrs. Napolitano, Mr. Lipinski, Mr. Altmire, Mr. Walz of Minnesota, and Mr. Cohen) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To ensure that transportation and infrastructure projects carried out using Federal financial assistance are constructed with steel, iron, and manufactured goods that are produced in the United States, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Invest in American Jobs Act of 2011.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Title I—Department of Transportation

Sec. 101. Federal-aid highway Buy America provisions.

Sec. 102. Public transportation Buy America provisions.

Sec. 103. Rail grant Buy America provisions.

Sec. 104. Rail loan and loan guarantee Buy America provisions.

Sec. 105. Amtrak Buy America provisions.

Sec. 106. Aviation Buy America provisions.

Sec. 107. Department of Transportation Buy America annual report.

Title II—Other infrastructure investment

Sec. 201. Wastewater treatment Buy America provisions.

Sec. 202. Economic development Buy America provisions.

Sec. 203. FEMA mitigation grant Buy America provisions.

Sec. 204. Americanization of offshore operations in the Exclusive Economic Zone.

I

Department of Transportation

101.

Federal-aid highway Buy America provisions

(a)

In general

Section 313 of title 23, United States Code, is amended to read as follows:

313.

Buy America

(a)

Domestic source requirement for steel, iron, and manufactured goods

(1)

In general

Notwithstanding any other provision of law, funds made available to carry out this title may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States.

(2)

Scope

The requirements of this section apply to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of such contracts, if at least one contract for the project is funded with amounts made available to carry out this title.

(b)

Exceptions

(1)

Issuance of waivers

The Secretary may waive the requirements of subsection (a) only if the Secretary finds that—

(A)

applying subsection (a) would be inconsistent with the public interest, as determined in accordance with the regulations required under paragraph (2);

(B)

the steel, iron, or manufactured goods required for a project are not produced in the United States—

(i)

in sufficient and reasonably available quantities; or

(ii)

to a satisfactory quality; or

(C)

the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent.

(2)

Regulations

Not later than 1 year after the date of enactment of the Invest in American Jobs Act of 2011, the Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of subsection (a) is inconsistent with the public interest for purposes of paragraph (1)(A).

(3)

Labor costs

For purposes of this subsection, labor costs involved in final assembly shall not be included in calculating the cost of components.

(4)

Requests for waivers

A recipient of assistance under this title seeking a waiver under paragraph (1) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require.

(c)

Waiver requirements

(1)

Public notification of and opportunity for comment on request for a waiver

(A)

In general

If the Secretary receives a request for a waiver under subsection (b), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request.

(B)

Notice requirements

A notice provided under subparagraph (A) shall—

(i)

include the information available to the Secretary concerning the request, including whether the request is being made under subsection (b)(1)(A), (b)(1)(B), or (b)(1)(C); and

(ii)

be provided by electronic means, including on the official public Internet Web site of the Department of Transportation.

(2)

Detailed justification in Federal Register

If the Secretary issues a waiver under subsection (b), the Secretary shall publish in the Federal Register a detailed justification for the waiver that—

(A)

addresses the public comments received under paragraph (1)(A); and

(B)

is published before the waiver takes effect.

(d)

State requirements

The Secretary may not impose a limitation or condition on assistance provided under this title that restricts—

(1)

a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or

(2)

any recipient of such assistance from complying with such State requirements.

(e)

Intentional violations

Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with amounts made available to carry out this title if the Secretary, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally—

(1)

affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that—

(A)

were used in a project to which this section applies; and

(B)

were not produced in the United States; or

(2)

represented that any steel, iron, or manufactured goods were produced in the United States that—

(A)

were used in a project to which this section applies; and

(B)

were not produced in the United States.

(f)

Consistency with international agreements

(1)

In general

This section shall be applied in a manner that is consistent with United States obligations under international agreements.

(2)

Treatment of foreign countries in violation of international agreements

The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out this title, including any project for which the Secretary has issued a waiver under subsection (b), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement.

.

(b)

Review of nationwide waivers

Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary shall review each standing nationwide waiver issued under section 313 of title 23, United States Code, to determine whether continuing such waiver is necessary.

(c)

Repeals

(1)

Waiver notification and annual reports

Section 117 of the SAFETEA–LU Technical Corrections Act of 2008 (23 U.S.C. 313 note) is repealed.

(2)

Notice and public comments

Section 123 of title I of division A of the Consolidated Appropriations Act, 2010 (23 U.S.C. 313 note) is repealed.

102.

Public transportation Buy America provisions

(a)

In general

Section 5323(j) of title 49, United States Code, is amended to read as follows:

(j)

Buy America

(1)

Domestic source requirement for steel, iron, and manufactured goods

(A)

In general

Notwithstanding any other provision of law, and except as provided in subparagraph (B), funds made available to carry out this chapter may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States.

(B)

Special rules for rolling stock

Funds made available to carry out this chapter may not be obligated for the procurement of rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) unless—

(i)

the cost of components and subcomponents produced in the United States—

(I)

for fiscal year 2012 is more than 60 percent of the cost of all components of the rolling stock;

(II)

for fiscal year 2013 is more than 70 percent of the cost of all components of the rolling stock;

(III)

for fiscal year 2014 is more than 80 percent of the cost of all components of the rolling stock;

(IV)

for fiscal year 2015 is more than 90 percent of the cost of all components of the rolling stock; and

(V)

for fiscal year 2016, and each fiscal year thereafter, is 100 percent of the cost of all components of the rolling stock; and

(ii)

final assembly of the rolling stock, including rolling stock prototypes, occurs in the United States.

(C)

Scope

The requirements of this subsection apply to all contracts for a public transportation project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of such contracts, if at least one contract for the public transportation project is funded with amounts made available to carry out this chapter.

(2)

Exceptions

(A)

Issuance of waivers

The Secretary may waive the requirements of paragraph (1) only if the Secretary finds that—

(i)

applying paragraph (1) would be inconsistent with the public interest, as determined in accordance with the regulations required under subparagraph (B);

(ii)

the steel, iron, or manufactured goods required for a project are not produced in the United States—

(I)

in sufficient and reasonably available quantities; or

(II)

to a satisfactory quality; or

(iii)

the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent.

(B)

Regulations

Not later than 1 year after the date of enactment of the Invest in American Jobs Act of 2011, the Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of paragraph (1) is inconsistent with the public interest for purposes of subparagraph (A)(i).

(C)

Components of rolling stock

If the Secretary finds that a component of rolling stock is not produced in the United States in sufficient and reasonably available quantities or to a satisfactory quality, the Secretary may issue a waiver under subparagraph (A) with respect to such component.

(D)

Labor costs

For purposes of this subsection, labor costs involved in final assembly shall not be included in calculating the cost of components.

(E)

Requests for waivers

A recipient of assistance under this chapter seeking a waiver under subparagraph (A) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require.

(3)

Waiver requirements

(A)

Public notification of and opportunity for comment on request for a waiver

(i)

In general

If the Secretary receives a request for a waiver under paragraph (2), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request.

(ii)

Notice requirements

A notice provided under clause (i) shall—

(I)

include the information available to the Secretary concerning the request, including whether the request is being made under subparagraph (2)(A)(i), (2)(A)(ii), or (2)(A)(iii); and

(II)

be provided by electronic means, including on the official public Internet Web site of the Department of Transportation.

(B)

Detailed justification in Federal Register

If the Secretary issues a waiver under paragraph (2), the Secretary shall publish in the Federal Register a detailed justification for the waiver that—

(i)

addresses the public comments received under subparagraph (A)(i); and

(ii)

is published before the waiver takes effect.

(4)

State requirements

The Secretary may not impose a limitation or condition on assistance provided under this chapter that restricts—

(A)

a State from imposing requirements that are more stringent than those imposed under this subsection with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or

(B)

any recipient of such assistance from complying with such State requirements.

(5)

Intentional violations

Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with amounts made available to carry out this chapter or any other law providing Federal public transportation assistance if the Secretary, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally—

(A)

affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that—

(i)

were used in a project to which this subsection applies; and

(ii)

were not produced in the United States; or

(B)

represented that any steel, iron, or manufactured goods were produced in the United States that—

(i)

were used in a project to which this subsection applies; and

(ii)

were not produced in the United States.

(6)

Consistency with international agreements

(A)

In general

This subsection shall be applied in a manner that is consistent with United States obligations under international agreements.

(B)

Treatment of foreign countries in violation of international agreements

The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out this chapter or any other law providing Federal public transportation assistance, including any project for which the Secretary has issued a waiver under paragraph (2), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement.

(7)

Opportunity to correct inadvertent error

The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured goods to correct after bid opening an incomplete Buy America certificate or an incorrect certificate of noncompliance (but not a failure to sign a certificate, a submission of both a certificate of compliance and a certificate of noncompliance, or a failure to submit any certificate) under this subsection if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incomplete or incorrect certificate as a result of an inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on the manufacturer or supplier.

.

(b)

Review of general public interest waivers

Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary shall review the general public interest waivers described in subsection (b) of Appendix A of section 661.7 of title 49, Code of Federal Regulations, to determine whether continuing such waivers is in the public interest.

103.

Rail grant Buy America provisions

(a)

In general

Section 24405(a) of title 49, United States Code, is amended to read as follows:

(a)

Buy America

(1)

Domestic source requirement for steel, iron, and manufactured goods

(A)

In general

Notwithstanding any other provision of law, funds made available to carry out this chapter, chapter 223, chapter 261, or section 20154 or 24105 may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States.

(B)

Scope

The requirements of this subsection apply to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of such contracts, if at least one contract for the project is funded with amounts made available to carry out a provision specified in subparagraph (A).

(2)

Exceptions

(A)

Issuance of waivers

The Secretary of Transportation may waive the requirements of paragraph (1) only if the Secretary finds that—

(i)

applying paragraph (1) would be inconsistent with the public interest, as determined in accordance with the regulations required under subparagraph (B);

(ii)

the steel, iron, or manufactured goods required for a project are not produced in the United States—

(I)

in sufficient and reasonably available quantities; or

(II)

to a satisfactory quality; or

(iii)

the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent.

(B)

Regulations

Not later than 1 year after the date of enactment of the Invest in American Jobs Act of 2011, the Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of paragraph (1) is inconsistent with the public interest for purposes of subparagraph (A)(i).

(C)

Labor costs

For purposes of this paragraph, labor costs involved in final assembly shall not be included in calculating the cost of components.

(D)

Requests for waivers

A recipient of assistance under this chapter, chapter 223, chapter 261, or section 20154 or 24105 seeking a waiver under subparagraph (A) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require.

(3)

Waiver requirements

(A)

Public notification of and opportunity for comment on request for a waiver

(i)

In general

If the Secretary receives a request for a waiver under paragraph (2), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request.

(ii)

Notice requirements

A notice provided under clause (i) shall—

(I)

include the information available to the Secretary concerning the request, including whether the request is being made under paragraph (2)(A)(i), (2)(A)(ii), or (2)(A)(iii); and

(II)

be provided by electronic means, including on the official public Internet Web site of the Department of Transportation.

(B)

Detailed justification in Federal Register

If the Secretary issues a waiver under paragraph (2), the Secretary shall publish in the Federal Register a detailed justification for the waiver that—

(i)

addresses the public comments received under subparagraph (A)(i); and

(ii)

is published before the waiver takes effect.

(4)

State requirements

The Secretary may not impose a limitation or condition on assistance provided under this chapter, chapter 223, chapter 261, or section 20154 or 24105 that restricts—

(A)

a State from imposing requirements that are more stringent than those imposed under this subsection with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or

(B)

any recipient of such assistance from complying with such State requirements.

(5)

Intentional violations

Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with amounts made available to carry out this chapter, chapter 223, chapter 261, or section 20154 or 24105 if the Secretary, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally—

(A)

affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that—

(i)

were used in a project to which this subsection applies; and

(ii)

were not produced in the United States; or

(B)

represented that any steel, iron, or manufactured goods were produced in the United States that—

(i)

were used in a project to which this subsection applies; and

(ii)

were not produced in the United States.

(6)

Consistency with international agreements

(A)

In general

This subsection shall be applied in a manner that is consistent with United States obligations under international agreements.

(B)

Treatment of foreign countries in violation of international agreements

The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out this chapter, chapter 223, chapter 261, or section 20154 or 24105, including any project for which the Secretary has issued a waiver under paragraph (2), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement.

(7)

Opportunity to correct inadvertent error

The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured goods to correct after bid opening an incomplete Buy America certificate or an incorrect certificate of noncompliance (but not a failure to sign a certificate, a submission of both a certificate of compliance and a certificate of noncompliance, or a failure to submit any certificate) under this subsection if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incomplete or incorrect certificate as a result of an inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on the manufacturer or supplier.

.

(b)

Review of nationwide waivers

Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary shall review each standing nationwide waiver issued under section 24405(a) of title 49, United States Code, to determine whether continuing such waiver is necessary.

104.

Rail loan and loan guarantee Buy America provisions

Section 502(h)(3) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(h)(3)) is amended—

(1)

by striking and at the end of subparagraph (A);

(2)

by striking the period at the end of subparagraph (B) and inserting ; and; and

(3)

by adding at the end the following:

(C)

the requirements of section 24405(a) of title 49, United States Code.

.

105.

Amtrak Buy America provisions

(a)

In general

Section 24305(f) of title 49, United States Code, is amended to read as follows:

(f)

Buy America

(1)

Domestic source requirement for steel, iron, and manufactured goods

(A)

In general

Notwithstanding any other provision of law, funds made available to Amtrak under section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 (122 Stat. 4908) may not be used for a capital project (as defined in subparagraphs (A) and (B) of section 24401(2)) to bring the Northeast Corridor to a state-of-good-repair or for any other capital expense of Amtrak unless the steel, iron, and manufactured goods used for the project or other capital expense are produced in the United States.

(B)

Scope

The requirements of this subsection apply to contracts for capital projects or other capital expenses carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of such contracts, if at least one contract with respect to the project or other capital expense is funded with amounts made available under section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 (122 Stat. 4908).

(C)

United States defined

In this subsection, the term United States means the States, territories, and possessions of the United States and the District of Columbia.

(2)

Exceptions

(A)

Issuance of waivers

The Secretary of Transportation may waive the requirements of paragraph (1) only if the Secretary finds that—

(i)

applying paragraph (1) would be inconsistent with the public interest, as determined in accordance with the regulations required under subparagraph (B);

(ii)

the steel, iron, or manufactured goods required for a project or other capital expense are not produced in the United States—

(I)

in sufficient and reasonably available quantities; or

(II)

to a satisfactory quality; or

(iii)

the use of steel, iron, and manufactured goods produced in the United States for a project or other capital expense will increase the total cost of the project or expense by more than 25 percent.

(B)

Regulations

Not later than 1 year after the date of enactment of the Invest in American Jobs Act of 2011, the Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of paragraph (1) is inconsistent with the public interest for purposes of subparagraph (A)(i).

(C)

Labor costs

For purposes of this paragraph, labor costs involved in final assembly shall not be included in calculating the cost of components.

(D)

Requests for waivers

If Amtrak seeks a waiver under subparagraph (A), Amtrak shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require.

(3)

Waiver requirements

(A)

Public notification of and opportunity for comment on request for a waiver

(i)

In general

If the Secretary receives a request for a waiver from Amtrak under paragraph (2), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request.

(ii)

Notice requirements

A notice provided under clause (i) shall—

(I)

include the information available to the Secretary concerning the request, including whether the request is being made under paragraph (2)(A)(i), (2)(A)(ii), or (2)(A)(iii); and

(II)

be provided by electronic means, including on the official public Internet Web site of the Department of Transportation.

(B)

Detailed justification in Federal Register

If the Secretary issues a waiver under paragraph (2), the Secretary shall publish in the Federal Register a detailed justification for the waiver that—

(i)

addresses the public comments received under subparagraph (A)(i); and

(ii)

is published before the waiver takes effect.

(4)

State requirements

The Secretary may not impose a limitation or condition on assistance provided with funds described in paragraph (1)(A) that restricts—

(A)

a State from imposing requirements that are more stringent than those imposed under this subsection with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for capital projects or other capital expenses carried out with such assistance; or

(B)

any recipient of such assistance from complying with such State requirements.

(5)

International violations

Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with funds described in paragraph (1)(A) if the Secretary, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally—

(A)

affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that—

(i)

were used in a capital project or other capital expense to which this subsection applies; and

(ii)

were not produced in the United States; or

(B)

represented that any steel, iron, or manufactured goods were produced in the United States that—

(i)

were used in a capital project or other capital expense to which this subsection applies; and

(ii)

were not produced in the United States.

(6)

Consistency with international agreements

(A)

In general

This subsection shall be applied in a manner that is consistent with United States obligations under international agreements.

(B)

Treatment of foreign countries in violation of international agreements

The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a capital project or other capital expense funded with funds described in paragraph (1)(A), including any project or capital expense for which the Secretary has issued a waiver under paragraph (2), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement.

.

(b)

Review of nationwide waivers

Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary shall review each standing nationwide waiver issued under section 24305(f) of title 49, United States Code, to determine whether continuing such waiver is necessary.

106.

Aviation Buy America provisions

(a)

Buy-American preferences

Chapter 501 of title 49, United States Code, is amended by striking the chapter heading and inserting Buy America.

(b)

Enhancements To buy America requirements

Section 50101 of such title is amended to read as follows:

50101.

Buy America

(a)

Domestic source requirement for steel, iron, and manufactured goods

(1)

In general

Notwithstanding any other provision of law, and except as provided in paragraph (2), funds made available to carry out section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States.

(2)

Special rules for certain facilities and equipment

With respect to a project for the procurement of a facility or equipment, funds made available to carry out the provisions specified in paragraph (1) may not be obligated for the project unless—

(A)

the cost of components and subcomponents produced in the United States—

(i)

for fiscal year 2012 is more than 60 percent of the cost of all components of the facility or equipment;

(ii)

for fiscal year 2013 is more than 70 percent of the cost of all components of the facility or equipment;

(iii)

for fiscal year 2014 is more than 80 percent of the cost of all components of the facility or equipment;

(iv)

for fiscal year 2015 is more than 90 percent of the cost of all components of the facility or equipment; and

(v)

for fiscal year 2016, and each fiscal year thereafter, is 100 percent of the cost of all components of the facility or equipment; and

(B)

final assembly of the facility or equipment occurs in the United States.

(3)

Scope

The requirements of this section apply to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of such contracts, if at least one contract for the project is funded with amounts made available to carry out a provision specified in paragraph (1).

(b)

Exceptions

(1)

Issuance of waivers

The Secretary of Transportation may waive the requirements of subsection (a) only if the Secretary finds that—

(A)

applying subsection (a) would be inconsistent with the public interest, as determined in accordance with the regulations required under paragraph (2);

(B)

the steel, iron, or manufactured goods required for a project are not produced in the United States—

(i)

in sufficient and reasonably available quantities; or

(ii)

to a satisfactory quality; or

(C)

the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent.

(2)

Regulations

Not later than 1 year after the date of enactment of the Invest in American Jobs Act of 2011, the Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of subsection (a) is inconsistent with the public interest for purposes of paragraph (1)(A).

(3)

Labor costs

For purposes of this section, labor costs involved in final assembly are not included in calculating the cost of components.

(4)

Requests for waivers

An entity seeking a waiver under paragraph (1) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require.

(5)

Preference for American-assembled facilities and equipment

In the procurement of a facility or equipment subject to a waiver issued under paragraph (1), the Secretary shall give preference to a facility or equipment for which final assembly occurred in the United States.

(6)

Limitation on waiver authority

In the procurement of a facility or equipment, if the Secretary finds that a component of the facility or equipment is not produced in the United States in sufficient and reasonably available quantities or to a satisfactory quality, the Secretary may issue a waiver under paragraph (1) with respect to such component.

(c)

Waiver requirements

(1)

Public notification of and opportunity for comment on request for a waiver

(A)

In general

If the Secretary receives a request for a waiver under subsection (b), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request.

(B)

Notice requirements

A notice provided under subparagraph (A) shall—

(i)

include the information available to the Secretary concerning the request, including whether the request is being made under subsection (b)(1)(A), (b)(1)(B), or (b)(1)(C); and

(ii)

be provided by electronic means, including on the official public Internet Web site of the Department of Transportation.

(2)

Detailed justification in Federal Register

If the Secretary issues a waiver under subsection (b), the Secretary shall publish in the Federal Register a detailed justification for the waiver that—

(A)

addresses the public comments received under paragraph (1)(A); and

(B)

is published before the waiver takes effect.

(d)

State requirements

The Secretary may not impose a limitation or condition on assistance provided with funds made available to carry out a provision specified in subsection (a)(1) that restricts—

(1)

a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or

(2)

any recipient of such assistance from complying with such State requirements.

(e)

Consistency with international agreements

(1)

In general

This section shall be applied in a manner that is consistent with United States obligations under international agreements.

(2)

Treatment of foreign countries in violation of international agreements

The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with funds made available to carry out a provision specified in subsection (a)(1), including any project for which the Secretary has issued a waiver under subsection (b), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement.

.

(c)

Prohibition on contracting upon falsification of label

Section 50105 of such title is amended by inserting steel, iron, or manufactured before goods.

(d)

Review of nationwide waivers

Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary shall review each standing nationwide waiver issued under section 50101 of title 49, United States Code, to determine whether continuing such waiver is necessary.

107.

Department of Transportation Buy America annual report

Section 308 of title 49, United States Code, is amended by adding at the end the following:

(f)

Buy America

Not later than February 1 of each year beginning after the date of enactment of this subsection, the Secretary shall submit to Congress a report that—

(1)

specifies each project with respect to which the Secretary issued a waiver from a Buy America requirement during the preceding calendar year;

(2)

identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver from a Buy America requirement issued by the Secretary during the preceding calendar year;

(3)

summarizes the monetary value of contracts awarded pursuant to each such waiver;

(4)

provides the justification for each such waiver, including the specific law, treaty, or international agreement under which the waiver was granted;

(5)

summarizes the funds expended on—

(A)

steel, iron, and manufactured goods produced in the United States for projects with respect to which a Buy America requirement, under which the Secretary has waiver authority, applied during the preceding calendar year; and

(B)

steel, iron, and manufactured goods produced outside the United States for projects with respect to which the Secretary issued a waiver from a Buy America requirement during the preceding calendar year; and

(6)

provides an employment impact analysis of the cumulative effect of all waivers from a Buy America requirement issued by the Secretary during the preceding calendar year on manufacturing employment in the United States.

.

II

Other infrastructure investment

201.

Wastewater treatment Buy America provisions

(a)

In general

Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) is amended by adding at the end the following:

608.

Buy America

(a)

Domestic source requirement for steel, iron, and manufactured goods

(1)

In general

Notwithstanding any other provision of law, funds made available from a State water pollution control revolving fund established under this title may not be used, in whole or in part, for a project for the construction of a publicly owned treatment works unless the steel, iron, and manufactured goods used for the project are produced in the United States.

(2)

Scope

The requirements of this section apply to all contracts for the construction of a treatment works carried out within the scope of the applicable finding, determination, or decision under section 511(c)(1), regardless of the funding source of such contracts, if at least one contract for the construction is funded with amounts made available to carry out this title.

(b)

Exceptions

(1)

Issuance of waivers

The Administrator may waive the requirements of subsection (a) only if the Administrator finds that—

(A)

applying subsection (a) would be inconsistent with the public interest, as determined in accordance with the regulations required under paragraph (2);

(B)

the steel, iron, or manufactured goods required for a project are not produced in the United States—

(i)

in sufficient and reasonably available quantities; or

(ii)

to a satisfactory quality; or

(C)

the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent.

(2)

Regulations

Not later than 1 year after the date of enactment of this section, the Administrator shall issue regulations establishing the criteria that the Administrator shall use to determine whether the application of subsection (a) is inconsistent with the public interest for purposes of paragraph (1)(A).

(3)

Requests for waivers

A recipient of assistance under this title seeking a waiver under paragraph (1) shall submit to the Administrator a request for the waiver in such form and containing such information as the Administrator may require.

(c)

Waiver requirements

(1)

Public notification of and opportunity for comment on request for a waiver

(A)

In general

If the Administrator receives a request for a waiver under subsection (b), the Administrator shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request.

(B)

Notice requirements

A notice provided under subparagraph (A) shall—

(i)

include the information available to the Administrator concerning the request, including whether the request is being made under subsection (b)(1)(A), (b)(1)(B), or (b)(1)(C); and

(ii)

be provided by electronic means, including on the official public Internet Web site of the Environmental Protection Agency.

(2)

Detailed justification in Federal Register

If the Administrator issues a waiver under subsection (b), the Administrator shall publish in the Federal Register a detailed justification for the waiver that—

(A)

addresses the public comments received under paragraph (1)(A); and

(B)

is published before the waiver takes effect.

(3)

Annual report

Not later than February 1 of each year beginning after the date of enactment of this section, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that—

(A)

specifies each project with respect to which the Administrator issued a waiver under subsection (b) during the preceding calendar year;

(B)

identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver under subsection (b) issued by the Administrator during the preceding calendar year;

(C)

summarizes the monetary value of contracts awarded pursuant to each such waiver;

(D)

provides the justification for each such waiver, including the specific law, treaty, or international agreement under which the waiver was granted;

(E)

summarizes the funds expended on—

(i)

steel, iron, and manufactured goods produced in the United States for projects with respect to which the Buy America requirement under this section applied during the preceding calendar year; and

(ii)

steel, iron, and manufactured goods produced outside the United States for projects with respect to which the Administrator issued a waiver under subsection (b) during the preceding calendar year; and

(F)

provides an employment impact analysis of the cumulative effect of all waivers under subsection (b) issued by the Administrator during the preceding calendar year on manufacturing employment in the United States.

(d)

State requirements

The Administrator may not impose a limitation or condition on assistance provided under this title that restricts—

(1)

a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or

(2)

any recipient of such assistance from complying with such State requirements.

(e)

Intentional violations

Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with amounts made available from a State water pollution control revolving fund established under this title if the Administrator, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally—

(1)

affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that—

(A)

were used in a project to which this section applies; and

(B)

were not produced in the United States; or

(2)

represented that any steel, iron, or manufactured goods were produced in the United States that—

(A)

were used in a project to which this section applies; and

(B)

were not produced in the United States.

(f)

Consistency with international agreements

(1)

In general

This section shall be applied in a manner that is consistent with United States obligations under international agreements.

(2)

Treatment of foreign countries in violation of international agreements

The Administrator shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available from a State water pollution control revolving fund established under this title, including any project for which the Administrator has issued a waiver under subsection (b), if the Administrator, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement.

.

(b)

Review of nationwide waivers

Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Administrator shall review each standing nationwide waiver issued under section 608 of the Federal Water Pollution Control Act (as added by this section) to determine whether continuing such waiver is necessary.

202.

Economic development Buy America provisions

(a)

In general

Title VI of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3211 et seq.) is amended by adding at the end the following:

613.

Buy America

(a)

Domestic source requirement for steel, iron, and manufactured goods

(1)

In general

Notwithstanding any other provision of law, funds made available to carry out section 201 or 209 may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States.

(2)

Scope

The requirements of this section apply to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) regardless of the funding source of such contracts, if at least one contract for the project is funded with amounts made available to carry out section 201 or 209.

(b)

Exceptions

(1)

Issuance of waivers

The Secretary may waive the requirements of subsection (a) only if the Secretary finds that—

(A)

applying subsection (a) would be inconsistent with the public interest, as determined in accordance with the regulations required under paragraph (2);

(B)

the steel, iron, or manufactured goods required for a project are not produced in the United States—

(i)

in sufficient and reasonably available quantities; or

(ii)

to a satisfactory quality; or

(C)

the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent.

(2)

Regulations

Not later than 1 year after the date of enactment of this section, the Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of subsection (a) is inconsistent with the public interest for purposes of paragraph (1)(A).

(3)

Requests for waivers

A recipient of assistance under section 201 or 209 seeking a waiver under paragraph (1) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require.

(c)

Waiver requirements

(1)

Public notification of and opportunity for comment on request for a waiver

(A)

In general

If the Secretary receives a request for a waiver under subsection (b), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request.

(B)

Notice requirements

A notice provided under subparagraph (A) shall—

(i)

include the information available to the Secretary concerning the request, including whether the request is being made under subsection (b)(1)(A), (b)(1)(B), or (b)(1)(C); and

(ii)

be provided by electronic means, including on the official public Internet Web site of the Department.

(2)

Detailed justification in Federal Register

If the Secretary issues a waiver under subsection (b), the Secretary shall publish in the Federal Register a detailed justification for the waiver that—

(A)

addresses the public comments received under paragraph (1)(A); and

(B)

is published before the waiver takes effect.

(3)

Annual report

Not later than February 1 of each year beginning after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that—

(A)

specifies each project with respect to which the Secretary issued a waiver under subsection (b) during the preceding calendar year;

(B)

identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver under subsection (b) issued by the Secretary during the preceding calendar year;

(C)

summarizes the monetary value of contracts awarded pursuant to each such waiver;

(D)

provides the justification for each such waiver, including the specific law, treaty, or international agreement under which the waiver was granted;

(E)

summarizes the funds expended on—

(i)

steel, iron, and manufactured goods produced in the United States for projects with respect to which the Buy America requirement under this section applied during the preceding calendar year; and

(ii)

steel, iron, and manufactured goods produced outside the United States for projects with respect to which the Secretary issued a waiver under subsection (b) during the preceding calendar year; and

(F)

provides an employment impact analysis of the cumulative effect of all waivers under subsection (b) issued by the Secretary during the preceding calendar year on manufacturing employment in the United States.

(d)

State requirements

The Secretary may not impose a limitation or condition on assistance provided under section 201 or 209 that restricts—

(1)

a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or

(2)

any recipient of such assistance from complying with such State requirements.

(e)

Intentional violations

Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with amounts made available to carry out section 201 or 209 if the Secretary, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally—

(1)

affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that—

(A)

were used in a project to which this section applies; and

(B)

were not produced in the United States; or

(2)

represented that any steel, iron, or manufactured goods were produced in the United States that—

(A)

were used in a project to which this section applies; and

(B)

were not produced in the United States.

(f)

Consistency with international agreements

(1)

In general

This section shall be applied in a manner that is consistent with United States obligations under international agreements.

(2)

Treatment of foreign countries in violation of international agreements

The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out section 201 or 209, including any project for which the Secretary has issued a waiver under subsection (b), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement.

.

(b)

Review of nationwide waivers

Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary shall review each standing nationwide waiver issued under section 613 of the Public Works and Economic Development Act of 1965 (as added by this section) to determine whether continuing such waiver is necessary.

203.

FEMA mitigation grant Buy America provisions

(a)

In general

Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201 et seq.) is amended by adding at the end the following:

707.

Buy America

(a)

Domestic source requirement for steel, iron, and manufactured goods

(1)

In general

Notwithstanding any other provision of law, funds made available to carry out section 203, 404, 406, 417, or 614 may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States.

(2)

Scope

The requirements of this section apply to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) regardless of the funding source of such contracts, if at least one contract for the project is funded with amounts made available to carry out a section specified in paragraph (1).

(b)

Exceptions

(1)

Issuance of waivers

The President may waive the requirements of subsection (a) only if the President finds that—

(A)

applying subsection (a) would be inconsistent with the public interest, as determined in accordance with the regulations required under paragraph (2);

(B)

the steel, iron, or manufactured goods required for a project are not produced in the United States—

(i)

in sufficient and reasonably available quantities; or

(ii)

to a satisfactory quality; or

(C)

the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent.

(2)

Regulations

Not later than 1 year after the date of enactment of this section, the President shall issue regulations establishing the criteria that the President shall use to determine whether the application of subsection (a) is inconsistent with the public interest for purposes of paragraph (1)(A).

(3)

Requests for waivers

A recipient of assistance under a section specified in subsection (a)(1) seeking a waiver under paragraph (1) shall submit to the President a request for the waiver in such form and containing such information as the President may require.

(c)

Waiver requirements

(1)

Public notification of and opportunity for comment on request for a waiver

(A)

In general

If the President receives a request for a waiver under subsection (b), the President shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request.

(B)

Notice requirements

A notice provided under subparagraph (A) shall—

(i)

include the information available to the President concerning the request, including whether the request is being made under subsection (b)(1)(A), (b)(1)(B), or (b)(1)(C); and

(ii)

be provided by electronic means, including on the official public Internet Web site of the President.

(2)

Detailed justification in federal register

If the President issues a waiver under subsection (b), the President shall publish in the Federal Register a detailed justification for the waiver that—

(A)

addresses the public comments received under paragraph (1)(A); and

(B)

is published before the waiver takes effect.

(3)

Annual report

Not later than February 1 of each year beginning after the date of enactment of this section, the President shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that—

(A)

specifies each project with respect to which the President issued a waiver under subsection (b) during the preceding calendar year;

(B)

identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver under subsection (b) issued by the President during the preceding calendar year;

(C)

summarizes the monetary value of contracts awarded pursuant to each such waiver;

(D)

provides the justification for each such waiver, including the specific law, treaty, or international agreement under which the waiver was granted;

(E)

summarizes the funds expended on—

(i)

steel, iron, and manufactured goods produced in the United States for projects with respect to which the Buy America requirement under this section applied during the preceding calendar year; and

(ii)

steel, iron, and manufactured goods produced outside the United States for projects with respect to which the President issued a waiver under subsection (b) during the preceding calendar year; and

(F)

provides an employment impact analysis of the cumulative effect of all waivers under subsection (b) issued by the President during the preceding calendar year on manufacturing employment in the United States.

(d)

State requirements

The President may not impose a limitation or condition on assistance provided under a section specified in subsection (a)(1) that restricts—

(1)

a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or

(2)

any recipient of such assistance from complying with such State requirements.

(e)

Intentional violations

Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with amounts made available to carry out a section specified in subsection (a)(1) if the President, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally—

(1)

affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that—

(A)

were used in a project to which this section applies; and

(B)

were not produced in the United States; or

(2)

represented that any steel, iron, or manufactured goods were produced in the United States that—

(A)

were used in a project to which this section applies; and

(B)

were not produced in the United States.

(f)

Consistency with international agreements

(1)

In general

This section shall be applied in a manner that is consistent with United States obligations under international agreements.

(2)

Treatment of foreign countries in violation of international agreements

The President shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out a section specified in subsection (a)(1), including any project for which the President has issued a waiver under subsection (b), if the President, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement.

(g)

Emergency waiver

Notwithstanding any other provision of this section, the President may waive the applicability of this section, in whole or in part, in an emergency.

.

(b)

Review of nationwide waivers

Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the President shall review each standing nationwide waiver issued under section 707 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as added by this section) to determine whether continuing such waiver is necessary.

(c)

Repeal of Buy America requirements

Section 306 of the Disaster Mitigation Act of 2000 (42 U.S.C. 5206) is repealed.

204.

Americanization of offshore operations in the Exclusive Economic Zone

(a)

Registry endorsement required

(1)

In general

Section 12111 of title 46, United States Code, is amended by adding at the end the following:

(e)

Resource activities in the EEZ

Except for activities requiring an endorsement under section 12112 or 12113, only a vessel for which a certificate of documentation with a registry endorsement is issued and that is owned by a citizen of the United States (as determined under section 50501(d)) may engage in support of exploration, development, or production of resources in, on, above, or below the exclusive economic zone or any other activity in the exclusive economic zone to the extent that the regulation of such activity is not prohibited under customary international law.

.

(2)

Application

The amendment made by paragraph (1) applies only with respect to exploration, development, production, and support activities that commence on or after July 1, 2011.

(b)

Legal authority

Section 2301 of title 46, United States Code, is amended—

(1)

by striking chapter and inserting title; and

(2)

by inserting after 1988 the following: , and the exclusive economic zone to the extent that the regulation of such operation is not prohibited under customary international law.

(c)

Training for Coast Guard personnel

Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish a program to provide Coast Guard personnel with the training necessary for the implementation of the amendments made by this section.