Sec. 106. Aviation Buy America provisions
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Chapter 501 of title 49, United States Code, is amended by striking the chapter heading and inserting the following: . Buy America Section 50101 of such title is amended to read as follows: In this section, the term produced in the United States means, with respect to iron and steel, an end product for which all manufacturing processes occurred in the United States, other than a metallurgical process relating to the refinement of steel. 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.
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— the cost of components and subcomponents produced in the United States— for fiscal year 2015 is more than 60 percent of the cost of all components of the facility or equipment; for fiscal year 2016 is more than 70 percent of the cost of all components of the facility or equipment; for fiscal year 2017 is more than 80 percent of the cost of all components of the facility or equipment; for fiscal year 2018 is more than 90 percent of the cost of all components of the facility or equipment; and for fiscal year 2019, and each fiscal year thereafter, is 100 percent of the cost of all components of the facility or equipment; and final assembly of the facility or equipment occurs in the United States. 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). The Secretary of Transportation may waive the requirements of subsection
(b)only if the Secretary finds that— applying subsection
(b)would be inconsistent with the public interest, as determined in accordance with the regulations required under paragraph (2); the steel, iron, or manufactured goods required for a project are not produced in the United States— in sufficient and reasonably available quantities; or to a satisfactory quality; or 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. Not later than 1 year after the date of enactment of the Invest in American Jobs Act of 2014 , the Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of subsection
(b)is inconsistent with the public interest for purposes of paragraph (1)(A). For purposes of this section, labor costs involved in final assembly are not included in calculating the cost of components. 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. 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. 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. If the Secretary receives a request for a waiver under subsection (c), 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. A notice provided under subparagraph
(A)shall— include the information available to the Secretary concerning the request, including whether the request is being made under subparagraph (A), (B), or
(C)of subsection (c)(1); and be provided by electronic means, including on the official public Internet site of the Department of Transportation. If the Secretary issues a waiver under subsection (c), the Secretary shall publish in the Federal Register a detailed justification for the waiver that— addresses the public comments received under paragraph (1)(A); and is published before the waiver takes effect. The Secretary may not impose a limitation or condition on assistance provided with funds made available to carry out a provision specified in subsection (b)(1) that restricts— 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 any recipient of such assistance from complying with such State requirements. This section shall be applied in a manner that is consistent with United States obligations under 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 (b)(1), including any project for which the Secretary has issued a waiver under subsection (c), 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. . The analysis for subtitle VII of title 49, United States Code, is amended by striking the item relating to chapter 501 and inserting the following: 501. Buy America 50101 . The analysis for chapter 501 of title 49, United States Code, is amended by striking the item relating to section 50101 and inserting the following: 50101. Buy America. . Section 50105 of such title is amended by inserting steel, iron, or manufactured before goods . Not later than 1 year after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Secretary of Transportation shall review each standing nationwide waiver issued under section 50101 of title 49, United States Code, to determine whether continuing such waiver is necessary. In conducting a review under paragraph (1), the Secretary shall provide notice of and an opportunity for public comment on the review at least 30 days before completing the review. A notice provided under paragraph
(2)shall be provided by electronic means, including on the official public Internet site of the Department of Transportation. If the Secretary finds it is necessary to continue a standing nationwide waiver after a review under paragraph (1), the Secretary shall publish in the Federal Register a detailed justification for such waiver that addresses the public comments received under paragraph (2).
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Sec. 106
Aviation Buy America provisions
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