[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5935 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5935
To require certain Federal agencies to use iron and steel produced in
the United States in carrying out projects for the construction,
alteration, or repair of a public building or public work, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2008
Mr. Visclosky (for himself, Mr. English of Pennsylvania, Ms. Kaptur,
Ms. Sutton, Mr. Brady of Pennsylvania, Mr. Oberstar, Mr. Wilson of
Ohio, Mr. Wilson of South Carolina, Mr. Stupak, Mr. Souder, and Mr.
Altmire) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on Homeland Security and Armed 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 require certain Federal agencies to use iron and steel produced in
the United States in carrying out projects for the construction,
alteration, or repair of a public building or public work, and for
other purposes.
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 ``American Steel First Act of 2008''.
SEC. 2. USE OF IRON AND STEEL PRODUCED IN THE UNITED STATES IN THE
CONSTRUCTION OF PUBLIC WORKS.
(a) In General.--Notwithstanding any other provision of law, the
head of a covered Federal agency shall not obligate or expend funds
appropriated to the agency, or provide financial assistance using funds
appropriated to the agency, for a project for the construction,
alteration, maintenance, or repair of a public building or public work
unless all of the iron and steel used in such project is produced in
the United States.
(b) Exceptions.--The provisions of subsection (a) shall not apply
to a covered Federal agency in any case in which the head of the agency
finds--
(1) that their application would be inconsistent with the
public interest;
(2) that iron and steel are not produced in the United
States in sufficient and reasonably available quantities and of
a satisfactory quality; or
(3) that inclusion of iron and steel produced in the United
States will increase the cost of the overall project contract
by more than 25 percent.
(c) Written Justification for Waiver.--
(1) Notice and comment.--If the head of a covered Federal
agency determines that it is necessary to waive the application
of subsection (a) based on a finding under subsection (b), the
head of the agency shall, before the waiver becomes effective--
(A) publish in the Federal Register a detailed
written justification as to why the waiver is needed;
and
(B) provide the public with a reasonable period of
time for notice and comment.
(2) Annual report.--Not later than one year after the date
of enactment of this Act, and annually thereafter, the head of
a covered Federal agency shall submit to Congress a report on--
(A) any waivers granted by the head of the agency
under subsection (b) in the preceding year, including
justifications for the waivers; and
(B) any obligation or expenditure of funds by the
head of the agency in the preceding year that did not
conform to the requirements of this section due to
limitations imposed by a treaty, agreement, or other
provision of law.
(d) Relationship to State Requirements.--The head of a covered
Federal agency shall not impose any limitation or condition on
financial assistance provided using funds appropriated to the agency
that restricts any State from imposing more stringent requirements than
this section on the use of iron and steel 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) 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, for a period of 6 years beginning on
the date of the determination, to receive any contract or subcontract
made with funds authorized to be appropriated to the agency pursuant to
the debarment, suspension, and ineligibility procedures in subpart 9.4
of chapter 1 of title 48, Code of Federal Regulations.
(f) Limitation on Applicability of Waivers to Products Produced in
Certain Foreign Countries.--If the head of a covered Federal agency, 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 provisions of subsection (b) shall not apply with respect to the
head of the covered Federal agency in connection with products produced
in that foreign country.
(g) Relationship to Transportation Provisions.--Notwithstanding any
provision of this section, the requirements contained in section 313 of
title 23, United States Code, and sections 5323(j) and 50101 of title
49, United States Code, as amended by this Act, shall continue to
apply.
(h) Application of Requirements to Entire Project.--The requirement
of subsection (a) and the exceptions specified in subsection (b) apply
to the total of obligations and expenditures for an entire project and
not only to obligations and expenditures for component parts of such
project.
(i) Definitions.--In this section, the following definitions apply:
(1) Covered federal agency.--The term ``covered Federal
agency'' means the Department of Homeland Security, the
Department of Defense, and the Department of Transportation.
(2) Public building; public work.--The terms ``public
building'' and ``public work'' have the meanings given such
terms in section 1 of the Buy American Act (41 U.S.C. 10c) and
include airports, bridges, canals, dams, dikes, pipelines,
railroads, multiline mass transit systems, roads, tunnels,
harbors, and piers.
SEC. 3. BUY AMERICA REQUIREMENTS IN TRANSPORTATION LAWS.
(a) Highways.--Section 313 of title 23, United States Code, is
amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(2) by inserting after subsection (b) the following:
``(c) Written Justification for Waiver.--
``(1) Notice and comment.--If the Secretary determines that
it is necessary to waive the application of subsection (a)
based on a finding under subsection (b), the Secretary shall,
before the waiver becomes effective--
``(A) publish in the Federal Register a detailed
written justification as to why the waiver is needed;
and
``(B) provide the public with a reasonable period
of time for notice and comment.
``(2) Annual report.--Not later than one year after the
date of enactment of this paragraph, and annually 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 on--
``(A) any waivers granted under subsection (b) in
the preceding year, including justifications for the
waivers; and
``(B) any obligation of funds by the Secretary in
the preceding year that did not conform to the
requirements of this section due to limitations imposed
by a treaty, agreement, or other provision of law.'';
and
(3) by adding at the end the following:
``(h) Application of Requirements to Entire Project.--The
requirement of subsection (a) and the exceptions specified in
subsection (b) apply to the total of obligations for an entire project
and not only to obligations for component parts of such project.''.
(b) Public Transportation.--Section 5323(j) of title 49, United
States Code, is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) Written justification for waiver.--
``(A) Notice and comment.--If the Secretary
determines that it is necessary to waive the
application of paragraph (1) based on a finding under
paragraph (2), the Secretary shall, before the waiver
becomes effective--
``(i) publish in the Federal Register a
detailed written justification as to why the
waiver is needed; and
``(ii) provide the public with a reasonable
period of time for notice and comment.
``(B) Annual report.--Not later than one year after
the date of enactment of this subparagraph, and
annually thereafter, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report on--
``(i) any waivers granted under paragraph
(2) in the preceding year, including
justifications for the waivers; and
``(ii) any obligation of funds by the
Secretary in the preceding year that did not
conform to the requirements of this subsection
due to limitations imposed by a treaty,
agreement, or other provision of law.''; and
(2) by adding at the end the following:
``(10) Application of requirements to entire project.--The
requirement of paragraph (1) and the exceptions specified in
paragraph (2) apply to the total of obligations for an entire
project and not only to obligations for component parts of such
project.''.
(c) Airports.--Section 50101 of title 49, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) Written Justification for Waiver.--
``(1) Notice and comment.--If the Secretary determines that
it is necessary to waive the application of subsection (a)
based on a finding under subsection (b), the Secretary shall,
before the waiver becomes effective--
``(A) publish in the Federal Register a detailed
written justification as to why the waiver is needed;
and
``(B) provide the public with a reasonable period
of time for notice and comment.
``(2) Annual report.--Not later than one year after the
date of enactment of this paragraph, and annually thereafter,
the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on--
``(A) any waivers granted under subsection (b) in
the preceding year, including justifications for the
waivers; and
``(B) any obligation of funds by the Secretary in
the preceding year that did not conform to the
requirements of this section due to limitations imposed
by a treaty, agreement, or other provision of law.'';
and
(3) by adding at the end the following:
``(d) Application of Requirements to Entire Project.--The
requirement of subsection (a) and the exceptions specified in
subsection (b) apply to the total of obligations for an entire project
and not only to obligations for component parts of such project.''.
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall apply to
amounts appropriated or otherwise made available after the date of
enactment of this Act.
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