Sec. 202. Economic development Buy America provisions
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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: 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, amounts 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.
This section applies 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 those contracts, if at least one contract for the project is funded with amounts made available to carry out section 201 or 209. The Secretary 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 this section, 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). 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. 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. 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. Not later than the first February 1 after the date of enactment of this section and not later than each February 1 thereafter, 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— specifies each project with respect to which the Secretary issued a waiver under subsection
(c)during the preceding calendar year; identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver under subsection
(c)issued by the Secretary during the preceding calendar year; summarizes the monetary value of contracts awarded pursuant to each waiver; provides the justification for each waiver, including the specific law, treaty, or international agreement under which the waiver was granted; summarizes the amounts expended on— 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 steel, iron, and manufactured goods produced outside the United States for projects with respect to which the Secretary issued a waiver under subsection
(c)during the preceding calendar year; and provides an employment impact analysis of the cumulative effect of all waivers under subsection
(c)issued by the Secretary during the preceding calendar year on manufacturing employment in the United States. The Secretary may not impose a limitation or condition on assistance provided under section 201 or 209 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. Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations (or successor 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— affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that— were used in a project to which this section applies; and were not produced in the United States; or represented that any steel, iron, or manufactured goods were produced in the United States that— were used in a project to which this section applies; and were not produced in the United States. 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 amounts made available to carry out section 201 or 209, 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 table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 is amended by inserting after the item relating to section 612 the following: 613. Buy America. . Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary of Commerce 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 that waiver is necessary.
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