[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3589 Introduced in House (IH)]







                                    


106th CONGRESS
  2d Session
                                H. R. 3589

 To direct the Director of the Federal Emergency Management Agency to 
 require, as a condition of any financial assistance provided on a non-
  emergency basis by the Agency for a construction project, that the 
steel, iron, and manufactured products used in the project be produced 
                         in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2000

 Mr. Collins (for himself and Mr. Traficant) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To direct the Director of the Federal Emergency Management Agency to 
 require, as a condition of any financial assistance provided on a non-
  emergency basis by the Agency for a construction project, that the 
steel, iron, and manufactured products used in the project be produced 
                         in the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Emergency Management Agency 
Buy American Compliance Act''.

SEC. 2. APPLICABILITY OF BUY AMERICAN REQUIREMENTS TO FEMA ASSISTANCE.

    (a) In General.--The Director of the Federal Emergency Management 
Agency shall require, as a condition of any financial assistance 
provided by the Agency on a non-emergency basis for a construction 
project, that the steel, iron, and manufactured products used in the 
project be produced in the United States.
    (b) Waivers.--The requirements of subsection (a) shall not apply in 
any case in which the Director finds--
            (1) that their application would be inconsistent with the 
        public interest;
            (2) that such materials and products are not produced in 
        the United States in sufficient and reasonably available 
        quantities and of a satisfactory quality; or
            (3) that inclusion of domestic material will increase the 
        cost of the overall project contract by more than 25 percent.
    (c) Calculation of Costs.--For purposes of this section, in 
calculating components' costs, labor costs involved in final assembly 
shall not be included in the calculation.
    (d) State Requirements.--The Director shall not impose any 
limitation or condition on assistance provided by the Federal Emergency 
Management Agency that restricts any State from imposing more stringent 
requirements than this section on the use of articles, materials, and 
supplies mined, produced, or manufactured in foreign countries in 
projects carried out with such assistance or restricts any recipient of 
such assistance from complying with such State imposed requirements.
    (e) Report on Waivers.--The Director shall submit to Congress on an 
annual basis a report on the purchases from foreign entities waived 
under subsection (b), indicating the dollar value of items for which 
waivers were granted under subsection (b).
    (f) Intentional Violations.--If it has been determined by a court 
or Federal agency that any person intentionally--
            (1) affixed a label bearing a ``Made in America'' 
        inscription, or any inscription with the same meaning, to any 
        product used in projects to which this section applies, sold in 
        or shipped to the United States that was not made in the United 
        States; or
            (2) represented that any product used in projects to which 
        this section applies, sold in or shipped to the United States 
        that was not produced in the United States, was produced in the 
        United States;
that person shall be ineligible to receive any contract or subcontract 
made with financial assistance made available by the Federal Emergency 
Management Agency pursuant to the debarment, suspension, and 
ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code 
of Federal Regulations.
    (g) Limitation on Applicability of Waivers to Products Produced in 
Certain Foreign Countries.--If the Director, in consultation with the 
United States Trade Representative, determines that--
            (1) a foreign country is a party to an agreement with the 
        United States and pursuant to that agreement the head of an 
        agency of the United States has waived the requirements of this 
        section; and
            (2) the foreign country has violated the terms of the 
        agreement by discriminating against products covered by this 
        section that are produced in the United States and are covered 
        by the agreement,
the requirements of subsection (b) shall not apply to products produced 
in that foreign country.
                                 <all>