[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2216 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2216

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 2000

 Mr. Campbell introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To direct the Director of the Federal Emergency Management Agency to 
  require, as a condition of any financial assistance provided by the 
    Agency on a nonemergency basis for a construction project, that 
     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) Definitions.--In this Act:
            (1) Agency.--The term ``Agency'' means the Federal 
        Emergency Management Agency.
            (2) Agreement.--The term ``Agreement'' has the meaning 
        given the term in section 308 of the Trade Agreements Act of 
        1979 (19 U.S.C. 2518).
            (3) Director.--The term ``Director'' means the Director of 
        the Federal Emergency Management Agency.
            (4) Domestic product.--The term ``domestic product'' means 
        a product that is mined, produced, or manufactured in the 
        United States.
            (5) Product.--The term ``product'' means--
                    (A) steel;
                    (B) iron; and
                    (C) any other article, material, or supply.
    (b) Requirement To Use Domestic Products.--Except as provided in 
subsection (c), the Director shall require, as a condition of any 
financial assistance provided by the Agency on a nonemergency basis for 
a construction project, that the construction project use only domestic 
products.
    (c) Waivers.--
            (1) In general.--Except as provided in paragraph (2), the 
        requirements of subsection (b) shall not apply in any case in 
        which the Director determines that--
                    (A) the use of a domestic product would be 
                inconsistent with the public interest;
                    (B) a domestic product--
                            (i) is not produced in a sufficient and 
                        reasonably available quantity; or
                            (ii) is not of a satisfactory quality; or
                    (C) the use of a domestic product would increase 
                the overall cost of the construction project by more 
                than 25 percent.
            (2) Limitation on applicability of waivers with respect to 
        products produced in certain foreign countries.--A product of a 
        foreign country shall not be used in a construction project 
        under a waiver granted under paragraph (1) if the Director, in 
        consultation with the United States Trade Representative, 
        determines that--
                    (A) the foreign country is a signatory country to 
                the Agreement under which the head of an agency of the 
                United States waived the requirements of this section; 
                and
                    (B) the signatory country violated the Agreement 
                under section 305(f)(3)(A) of the Trade Agreements Act 
                of 1979 (19 U.S.C. 2515(f)(3)(A)) by discriminating 
                against a domestic product that is covered by the 
                Agreement.
    (d) Calculation of Costs.--For the purposes of subsection 
(c)(1)(C), any labor cost involved in the final assembly of a domestic 
product shall not be included in the calculation of the cost of the 
domestic product.
    (e) State Requirements.--The Director shall not impose any 
limitation or condition on assistance provided by the Agency that 
restricts--
            (1) 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 construction projects carried out with Agency assistance; or
            (2) any recipient of Agency assistance from complying with 
        a State requirement described in paragraph (1).
    (f) Report on Waivers.--The Director shall annually submit to 
Congress a report on the purchases from countries other than the United 
States that are waived under subsection (c)(1) (including the dollar 
values of items for which waivers are granted under subsection (c)(1)).
    (g) Intentional Violations.--
            (1) In general.--A person described in paragraph (2) shall 
        be ineligible to enter into any contract or subcontract carried 
        out with financial assistance made available by the Agency in 
        accordance with the debarment, suspension, and ineligibility 
        procedures of subpart 9.4 of chapter 1 of title 48, Code of 
        Federal Regulations (or any successor regulation).
            (2) Persons ineligible to receive contract or 
        subcontract.--A person referred to in paragraph (1) is any 
        person that a court of the United States or a Federal agency 
        determines--
                    (A) has affixed a label bearing a ``Made in 
                America'' inscription (or any inscription with the same 
                meaning) to any product that is not a domestic product 
                that--
                            (i) was used in a construction project to 
                        which this section applies; or
                            (ii) was sold in or shipped to the United 
                        States; or
                    (B) has represented that a product that is not a 
                domestic product, that was sold in or shipped to the 
                United States, and that was used in a construction 
                project to which this section applies, was produced in 
                the United States.
                                 <all>