[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2682 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2682

To require certain Federal agencies to use iron, steel, wood products, 
 cement and manufactured goods produced in the United States in public 
 construction projects, to permanently extend the Build America Bonds 
  program, to ensure that transportation and infrastructure projects 
  carried out using Federal financial assistance are constructed with 
  steel, iron, and manufactured goods that are produced in the United 
                    States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2014

 Mr. Pryor (for himself and Mr. Walsh) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To require certain Federal agencies to use iron, steel, wood products, 
 cement and manufactured goods produced in the United States in public 
 construction projects, to permanently extend the Build America Bonds 
  program, to ensure that transportation and infrastructure projects 
  carried out using Federal financial assistance are constructed with 
  steel, iron, and manufactured goods that are produced in the United 
                    States, 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 ``Made in the U.S.A. Act''.

SEC. 2. BUY AMERICAN.

    (a) In General.--Notwithstanding any other provision of law, except 
for the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), the head 
of a Federal agency may 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 
substantially all of the iron, steel, wood products, cement, and 
manufactured goods used in the project are produced in the United 
States.
    (b) Waiver.--The head of a Federal agency may waive the provisions 
of subsection (a) with respect to such if he or she determines that--
            (1) the application of such provisions would be 
        inconsistent with the public interest;
            (2) iron, steel, wood products, cement, and manufactured 
        goods are not produced in the United States in sufficient and 
        reasonably available quantities and of a satisfactory quality; 
        or
            (3) inclusion of iron, steel, wood products, cement, and 
        manufactured goods produced in the United States will increase 
        the project schedule or total cost of the project by more than 
        25 percent (or by more than 50 percent for Department of 
        Defense projects).
    (c) Waiver Requirements.--
            (1) Detailed justification in federal register.--If the 
        head of a Federal agency issues a waiver under subsection (b), 
        he or she shall publish a detailed justification for such 
        waiver in the Federal Register.
            (2) Annual report.--Not later than 2 years after the date 
        of the enactment of this Act, and annually thereafter, in any 
        year that the head of a Federal agency issues a waiver under 
        subsection (b), the agency head shall submit a report to 
        Congress that--
                    (A) specifies each project with respect to which 
                the agency head issued a waiver under subsection (b) 
                during the preceding calendar year;
                    (B) identifies the country of origin and product 
                specifications for steel, iron, wood products, cement 
                or manufactured goods acquired pursuant to each waiver 
                issued by the agency head under subsection (b) during 
                the preceding calendar year;
                    (C) summarizes the monetary value of contracts 
                awarded pursuant to each such waiver;
                    (D) summarizes the funds expended on--
                            (i) steel, iron, wood products, cement, and 
                        manufactured goods produced in the United 
                        States for projects with respect to which the 
                        requirement under this section applied during 
                        the preceding calendar year; and
                            (ii) steel, iron, wood products, cement, 
                        and manufactured goods produced outside the 
                        United States for projects with respect to 
                        which the agency head issued a waiver under 
                        subsection (b)(1) during the preceding calendar 
                        year; and
                    (E) provides an employment impact analysis of the 
                cumulative effect of all waivers issued by the agency 
                head under subsection (b) during the preceding calendar 
                year on manufacturing employment in the United States.
    (d) Excepted Items.--This section shall not apply to articles, 
materials, or supplies--
            (1) for use outside the United States (as described in 
        sections 8302(a)(2)(A) and 8303(b)(1)(A));
            (2) below the micro-purchase threshold under section 1902 
        of title 41, United States Code;
            (3) including information technology that is a commercial 
        item (as described in section 25.103(e) of title 48, Code of 
        Federal Regulations); or
            (4) for commissary resale (as described in section 
        25.103(d) of title 48, Code of Federal Regulations).
    (e) Relationship to State Requirements.--The head of a Federal 
agency may not impose any limitation or condition on financial 
assistance provided using funds appropriated to the agency that--
            (1) restricts any State from imposing more stringent 
        requirements than the requirements under this section on the 
        use of iron, steel, wood products, cement, and manufactured 
        goods in foreign countries in projects carried out with such 
        assistance; or
            (2) restricts any recipient of such assistance from 
        complying with such State requirements.
    (f) Intentional Violations.--A person shall be ineligible to 
receive any contract or subcontract made with funds authorized to be 
appropriated to a Federal agency pursuant to the debarment, suspension, 
and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, 
Code of Federal Regulations, for a 6-year period beginning on the date 
of a determination under this subsection, if a court or the Federal 
agency determines that the person intentionally represented that any 
iron, steel, wood product, cement, or manufactured good 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.
    (g) Application of Requirements to Entire Project.--The requirement 
under subsection (a) and the exceptions specified in subsection (b) 
shall 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.
    (h) Definitions.--In this section, the terms ``public building'' 
and ``public work''--
            (1) have the meanings given such terms in section 8301 of 
        title 41, United States Code; and
            (2) include airports, bridges, canals, dams, dikes, 
        pipelines, railroads, multiline mass transit systems, roads, 
        tunnels, harbors, and piers.
    (i) Effective Date.--This section shall apply to amounts 
appropriated or otherwise made available at least 1 year after the date 
of the enactment of this Act.

SEC. 3. PERMANENT EXTENSION OF BUILD AMERICA BONDS.

    (a) Reduction in Bond Holder Credit Percentage.--Section 54AA(b) of 
the Internal Revenue Code of 1986 is amended by striking ``35 percent'' 
and inserting ``28 percent (35 percent in the case of bonds issued 
before January 1, 2011)''.
    (b) Permanent Extension.--Section 54AA(d)(1)(B) of such Code is 
amended by inserting ``or after the date of the enactment of the Made 
in the U.S.A. Act,'' after ``January 1, 2011,''.
    (c) Qualified Bond Defined.--Section 54AA(g) of such Code is 
amended by striking paragraph (2) and inserting the following:
            ``(2) Qualified bond.--For purposes of this section, the 
        term `qualified bond'--
                    ``(A) means any build America bond issued as part 
                of an issue if--
                            ``(i) 100 percent of the excess of--
                                    ``(I) the available project 
                                proceeds (as defined in section 54A) of 
                                such issue, over
                                    ``(II) the amounts in a reasonably 
                                required reserve (within the meaning of 
                                section 150(a)(3)) with respect to such 
                                issue, are to be used for capital 
                                expenditures (including capital 
                                expenditures for levees and other flood 
                                control projects), and
                            ``(ii) the issuer makes an irrevocable 
                        election to have this subsection apply;
                    ``(B) includes any bond (or series of bonds) issued 
                to refund a qualified bond if--
                            ``(i) the average maturity date of the 
                        issue of which the refunding bond is a part is 
                        not later than the average maturity date of the 
                        bonds to be refunded by such issue,
                            ``(ii) the amount of the refunding bond 
                        does not exceed the outstanding amount of the 
                        refunded bond, and
                            ``(iii) the refunded bond is redeemed not 
                        later than 90 days after the date of the 
                        issuance of the refunding bond,
                    ``(C) includes any bond (or series of bonds) that 
                is reasonably expected to be used for the issuer's 
                operating expenses as long as the issue is limited to a 
                maturity of 13 months or less, and
                    ``(D) includes any bond (or series of bonds) that 
                is a qualified 501(c)(3) bond (as defined in section 
                145).
            ``(3) Additional purposes.--
                    ``(A) In the case of a refunding bond referred to 
                in paragraph (2)(B), the applicable percentage with 
                respect to such bond under section 6431(b) shall be the 
                lowest percentage specified in paragraph (2) of such 
                section.
                    ``(B) For purposes of paragraph (2)(B)(i), average 
                maturity shall be determined in accordance with section 
                147(b)(2)(A).
                    ``(C) Subchapter IV of chapter 31 of title 40, 
                United States Code, shall apply to projects financed 
                with the proceeds of any build America bond issued 
                after the date of the enactment of this paragraph.''.
    (d) Payments to Issuers.--
            (1) In general.--Section 6431 of such Code is amended--
                    (A) in subsection (a), by striking ``issued before 
                January 1, 2011''; and
                    (B) in subsection (f)(1)(B), by striking ``before 
                January 1, 2011'' and inserting ``during a particular 
                period''.
            (2) Conforming amendments.--Section 54AA(g) of such Code is 
        amended--
                    (A) in the subsection heading, by striking 
                ``Qualified Bonds Issued Before 2011'' and inserting 
                ``Certain Qualified Bonds''; and
                    (B) in the matter preceding paragraph (1), by 
                striking ``before January 1, 2011''.
    (e) Reduction in Percentage of Payments to Issuers.--Section 
6431(b) of such Code is amended by striking ``35 percent'' and 
inserting ``28 percent (35 percent in the case of bonds issued before 
January 1, 2011)''.

SEC. 4. FEDERAL-AID HIGHWAY BUY AMERICA PROVISIONS.

    (a) In General.--Section 313 of title 23, United States Code, is 
amended to read as follows:
``Sec. 313. Buy America
    ``(a) Domestic Source Requirement for Steel, Iron, and Manufactured 
Goods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, funds made available to carry out 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.
            ``(2) Scope.--The requirements under this section shall 
        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 1 contract for the project is funded 
        with amounts made available to carry out this title.
    ``(b) Exceptions.--
            ``(1) Issuance of waivers.--The Secretary may waive the 
        requirements of subsection (a) only if the Secretary determines 
        that--
                    ``(A) applying subsection (a) would be inconsistent 
                with the public interest, as determined in accordance 
                with the regulations issued under paragraph (2);
                    ``(B) the steel, iron, or manufactured goods 
                required for a project are not produced in the United 
                States--
                            ``(i) in sufficient and reasonably 
                        available quantities; and
                            ``(ii) of a satisfactory quality; or
                    ``(C) the use of steel, iron, and manufactured 
                goods produced in the United States for a project will 
                increase the project schedule or total cost of the 
                project by more than 25 percent.
            ``(2) Rulemaking.--The Secretary shall issue regulations 
        establishing the criteria that the Secretary shall use to 
        determine whether the application of subsection (a) is 
        inconsistent with the public interest for purposes of paragraph 
        (1)(A).
            ``(3) Labor costs.--For purposes of this subsection, labor 
        costs involved in final assembly shall not be included in 
        calculating the cost of components.
            ``(4) Requests for waivers.--A recipient of assistance 
        under this title seeking a waiver under paragraph (1) shall 
        submit a request for such waiver to the Secretary in such form 
        and containing such information as the Secretary may require.
    ``(c) Waiver Requirements.--
            ``(1) Public notification of and opportunity for comment on 
        request for a waiver.--
                    ``(A) In general.--If the Secretary receives a 
                request for a waiver under subsection (b), 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.
                    ``(B) Notice requirements.--A notice provided under 
                subparagraph (A)--
                            ``(i) 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 (b)(1); and
                            ``(ii) shall be provided by electronic 
                        means, including on the official public 
                        Internet website of the Department of 
                        Transportation.
            ``(2) Detailed justification in federal register.--If the 
        Secretary issues a waiver under subsection (b), the Secretary 
        shall publish in the Federal Register a detailed justification 
        for the waiver that--
                    ``(A) addresses the public comments received under 
                paragraph (1)(A); and
                    ``(B) is published before the waiver takes effect.
    ``(d) State Requirements.--The Secretary may not impose a 
limitation or condition on assistance provided under this title that 
restricts--
            ``(1) 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
            ``(2) any recipient of such assistance from complying with 
        such State requirements.
    ``(e) Intentional Violations.--Pursuant to procedures established 
under subpart 9.4 of chapter 1 of title 48, Code of Federal 
Regulations, a person shall be ineligible to receive a contract or 
subcontract funded with amounts made available to carry out this title 
if the Secretary, the head of any department, agency, or 
instrumentality of the United States, or a court determines that such 
person intentionally--
            ``(1) affixed a label bearing a `Made in America' 
        inscription, or any inscription with the same meaning, to any 
        steel, iron, or manufactured goods that--
                    ``(A) were used in a project to which this section 
                applies; and
                    ``(B) were not produced in the United States; or
            ``(2) represented that any steel, iron, or manufactured 
        goods were produced in the United States that--
                    ``(A) were used in a project to which this section 
                applies; and
                    ``(B) were not produced in the United States.
    ``(f) Consistency With International Agreements.--
            ``(1) In general.--This section shall be applied in a 
        manner that is consistent with United States obligations under 
        international agreements.
            ``(2) Treatment of foreign countries in violation of 
        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 this title, including any project for which the 
        Secretary has issued a waiver under subsection (b), 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.''.
    (b) Review of Nationwide Waivers.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and at least every 5 years thereafter, 
        the Secretary of Transportation shall review each standing 
        nationwide waiver issued under section 313 of title 23, United 
        States Code, to determine whether continuing such waiver is 
        necessary.
            (2) Public notification of and opportunity for comment on 
        review of standing nationwide waivers.--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.
            (3) Notice requirement.--A notice provided under paragraph 
        (2) shall be provided by electronic means, including on the 
        official public Internet website of the Department of 
        Transportation.
            (4) Detailed justification in federal register.--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).
    (c) Repeals.--
            (1) Waiver notification and annual reports.--Section 117 of 
        the SAFETEA-LU Technical Corrections Act of 2008 (23 U.S.C. 313 
        note) is repealed.
            (2) Notice and public comments.--Section 123 of title I of 
        division A of the Consolidated Appropriations Act, 2010 (23 
        U.S.C. 313 note) is repealed.

SEC. 5. PUBLIC TRANSPORTATION BUY AMERICA PROVISIONS.

    (a) In General.--Section 5323(j) of title 49, United States Code, 
is amended to read as follows:
    ``(j) Buy America.--
            ``(1) Domestic source requirement for steel, iron, and 
        manufactured goods.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, and except as provided in 
                subparagraph (B), funds made available to carry out 
                this chapter may not be obligated for a project unless 
                the steel, iron, and manufactured goods used for the 
                project are produced in the United States.
                    ``(B) Special rules for rolling stock.--Funds made 
                available to carry out this chapter may not be 
                obligated for the procurement of rolling stock 
                (including train control, communication, traction power 
                equipment, and rolling stock prototypes) unless--
                            ``(i) the cost of components and 
                        subcomponents produced in the United States--
                                    ``(I) for fiscal year 2015 is more 
                                than 60 percent of the cost of all 
                                components of the rolling stock;
                                    ``(II) for fiscal year 2016 is more 
                                than 70 percent of the cost of all 
                                components of the rolling stock;
                                    ``(III) for fiscal year 2017 is 
                                more than 80 percent of the cost of all 
                                components of the rolling stock;
                                    ``(IV) for fiscal year 2018 is more 
                                than 90 percent of the cost of all 
                                components of the rolling stock; and
                                    ``(V) for fiscal year 2019, and 
                                each fiscal year thereafter, is 100 
                                percent of the cost of all components 
                                of the rolling stock; and
                            ``(ii) final assembly of the rolling stock, 
                        including rolling stock prototypes, occurs in 
                        the United States.
                    ``(C) Scope.--The requirements under this 
                subsection shall apply to all contracts for a public 
                transportation 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 
                public transportation project is funded with amounts 
                made available to carry out this chapter.
            ``(2) Exceptions.--
                    ``(A) Issuance of waivers.--The Secretary may waive 
                the requirements of paragraph (1) only if the Secretary 
                finds that--
                            ``(i) applying paragraph (1) would be 
                        inconsistent with the public interest, as 
                        determined in accordance with the regulations 
                        issued under subparagraph (B);
                            ``(ii) the steel, iron, or manufactured 
                        goods required for a project are not produced 
                        in the United States--
                                    ``(I) in sufficient and reasonably 
                                available quantities; and
                                    ``(II) of a satisfactory quality; 
                                or
                            ``(iii) the use of steel, iron, and 
                        manufactured goods produced in the United 
                        States for a project will increase the project 
                        schedule or total cost of the project by more 
                        than 25 percent.
                    ``(B) Rulemaking.--The Secretary shall issue 
                regulations establishing the criteria that the 
                Secretary shall use to determine whether the 
                application of paragraph (1) is inconsistent with the 
                public interest for purposes of subparagraph (A)(i).
                    ``(C) Components of rolling stock.--If the 
                Secretary finds that a component of rolling stock 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 
                subparagraph (A) with respect to such component.
                    ``(D) Labor costs.--For purposes of this 
                subsection, labor costs involved in final assembly 
                shall not be included in calculating the cost of 
                components.
                    ``(E) Requests for waivers.--A recipient of 
                assistance under this chapter seeking a waiver under 
                subparagraph (A) shall submit to the Secretary a 
                request for the waiver in such form and containing such 
                information as the Secretary may require.
            ``(3) Waiver requirements.--
                    ``(A) Public notification of and opportunity for 
                comment on request for a waiver.--
                            ``(i) In general.--If the Secretary 
                        receives a request for a waiver under paragraph 
                        (2), 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.
                            ``(ii) Notice requirements.--A notice 
                        provided under clause (i) shall--
                                    ``(I) include the information 
                                available to the Secretary concerning 
                                the request, including whether the 
                                request is being made under paragraph 
                                (2)(A)(i), (2)(A)(ii), or (2)(A)(iii); 
                                and
                                    ``(II) be provided by electronic 
                                means, including on the official public 
                                Internet website of the Department of 
                                Transportation.
                    ``(B) Detailed justification in federal register.--
                If the Secretary issues a waiver under paragraph (2), 
                the Secretary shall publish in the Federal Register a 
                detailed justification for the waiver that--
                            ``(i) addresses the public comments 
                        received under subparagraph (A)(i); and
                            ``(ii) is published before the waiver takes 
                        effect.
            ``(4) State requirements.--The Secretary may not impose a 
        limitation or condition on assistance provided under this 
        chapter that restricts--
                    ``(A) a State from imposing requirements that are 
                more stringent than those imposed under this subsection 
                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
                    ``(B) any recipient of such assistance from 
                complying with such State requirements.
            ``(5) Intentional violations.--Pursuant to procedures 
        established under subpart 9.4 of chapter 1 of title 48, Code of 
        Federal Regulations, a person shall be ineligible to receive a 
        contract or subcontract funded with amounts made available to 
        carry out this chapter or any other law providing Federal 
        public transportation assistance if the Secretary, the head of 
        any department, agency, or instrumentality of the United 
        States, or a court determines that such person intentionally--
                    ``(A) affixed a label bearing a `Made in America' 
                inscription, or any inscription with the same meaning, 
                to any steel, iron, or manufactured goods that--
                            ``(i) were used in a project to which this 
                        subsection applies; and
                            ``(ii) were not produced in the United 
                        States; or
                    ``(B) represented that any steel, iron, or 
                manufactured goods were produced in the United States 
                that--
                            ``(i) were used in a project to which this 
                        subsection applies; and
                            ``(ii) were not produced in the United 
                        States.
            ``(6) Consistency with international agreements.--
                    ``(A) In general.--This subsection shall be applied 
                in a manner that is consistent with United States 
                obligations under international agreements.
                    ``(B) Treatment of foreign countries in violation 
                of 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 this chapter or any 
                other law providing Federal public transportation 
                assistance, including any project for which the 
                Secretary has issued a waiver under paragraph (2), 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.
            ``(7) Opportunity to correct inadvertent error.--The 
        Secretary may allow a manufacturer or supplier of steel, iron, 
        or manufactured goods to correct after bid opening an 
        incomplete Buy America certificate or an incorrect certificate 
        of noncompliance (but not a failure to sign a certificate, a 
        submission of both a certificate of compliance and a 
        certificate of noncompliance, or a failure to submit any 
        certificate) under this subsection if such manufacturer or 
        supplier attests under penalty of perjury that such 
        manufacturer or supplier submitted an incomplete or incorrect 
        certificate as a result of an inadvertent or clerical error. 
        The burden of establishing inadvertent or clerical error is on 
        the manufacturer or supplier.''.
    (b) Review of General Public Interest Waivers.--Not later than 1 
year after the date of enactment of this Act, and at least every 5 
years thereafter, the Secretary of Transportation shall review the 
general public interest waivers described in subsection (b) of Appendix 
A of section 661.7 of title 49, Code of Federal Regulations, to 
determine whether continuing such waivers is in the public interest.

SEC. 6. AMTRAK BUY AMERICA PROVISIONS.

    (a) In General.--Section 24305(f) of title 49, United States Code, 
is amended to read as follows:
    ``(f) Buy America.--
            ``(1) Domestic source requirement for steel, iron, and 
        manufactured goods.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, amounts made available to Amtrak 
                under section 101(c) of the Passenger Rail Investment 
                and Improvement Act of 2008 (division B of Public Law 
                110-432; 122 Stat. 4908) may not be used for a capital 
                project (as defined in subparagraphs (A) and (B) of 
                section 24401(2)) to bring the Northeast Corridor to a 
                state-of-good-repair or for any other capital expense 
                of Amtrak unless the steel, iron, and manufactured 
                goods used for the project or other capital expense are 
                produced in the United States.
                    ``(B) Scope.--The requirements under this 
                subsection shall apply to all contracts for a project 
                or other capital expense 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 with 
                respect to the project or other capital expense is 
                funded with amounts made available under section 101(c) 
                of the Passenger Rail Investment and Improvement Act of 
                2008 (122 Stat. 4908).
                    ``(C) Special rules for rolling stock.--Funds made 
                available to carry out this chapter may not be 
                obligated for the procurement of rolling stock 
                (including train control, communication, traction power 
                equipment, and rolling stock prototypes) unless--
                            ``(i) the cost of components and 
                        subcomponents produced in the United States--
                                    ``(I) for fiscal year 2015 is more 
                                than 60 percent of the cost of all 
                                components of the rolling stock;
                                    ``(II) for fiscal year 2016 is more 
                                than 70 percent of the cost of all 
                                components of the rolling stock;
                                    ``(III) for fiscal year 2017 is 
                                more than 80 percent of the cost of all 
                                components of the rolling stock;
                                    ``(IV) for fiscal year 2018 is more 
                                than 90 percent of the cost of all 
                                components of the rolling stock; and
                                    ``(V) for fiscal year 2019, and 
                                each fiscal year thereafter, is 100 
                                percent of the cost of all components 
                                of the rolling stock; and
                            ``(ii) final assembly of the rolling stock, 
                        including rolling stock prototypes, occurs in 
                        the United States.
            ``(2) Exceptions.--
                    ``(A) Issuance of waivers.--The Secretary of 
                Transportation may waive the requirements under 
                paragraph (1) only if the Secretary determines that--
                            ``(i) applying paragraph (1) would be 
                        inconsistent with the public interest, as 
                        determined in accordance with the regulations 
                        issued under subparagraph (B);
                            ``(ii) the steel, iron, or manufactured 
                        goods required for a project or other capital 
                        expense are not produced in the United States--
                                    ``(I) in sufficient and reasonably 
                                available quantities; and
                                    ``(II) of a satisfactory quality;
                            ``(iii) the use of steel, iron, and 
                        manufactured goods produced in the United 
                        States for a project or other capital expense 
                        will increase the project schedule or total 
                        cost of the project by more than 25 percent; or
                            ``(iv) the cost of articles, material, or 
                        supplies bought is not more than $1,000,000.
                    ``(B) Rulemaking.--The Secretary shall issue 
                regulations establishing the criteria that the 
                Secretary shall use to determine whether the 
                application of paragraph (1) is inconsistent with the 
                public interest for purposes of subparagraph (A)(i).
                    ``(C) Components of rolling stock.--If the 
                Secretary finds that a component of rolling stock 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 
                subparagraph (A) with respect to such component.
                    ``(D) Labor costs.--For purposes of this paragraph, 
                labor costs involved in final assembly shall not be 
                included in calculating the cost of components.
                    ``(E) Requests for waivers.--If Amtrak seeks a 
                waiver under subparagraph (A), Amtrak shall submit a 
                request for the waiver to the Secretary in such form 
                and containing such information as the Secretary may 
                require.
            ``(3) Waiver requirements.--
                    ``(A) Public notification of and opportunity for 
                comment on request for a waiver.--
                            ``(i) In general.--If the Secretary 
                        receives a request for a waiver from Amtrak 
                        under paragraph (2), the Secretary shall 
                        provide notice of and an opportunity for public 
                        comment on the request at least 30 days before 
                        making a determination based on the request.
                            ``(ii) Notice requirements.--A notice 
                        provided under clause (i)--
                                    ``(I) shall include the information 
                                available to the Secretary concerning 
                                the request, including whether the 
                                request is being made under clause (i), 
                                (ii), or (iii) of paragraph (2)(A); and
                                    ``(II) shall be provided by 
                                electronic means, including on the 
                                official public Internet website of the 
                                Department of Transportation.
                    ``(B) Detailed justification in federal register.--
                If the Secretary issues a waiver under paragraph (2), 
                the Secretary shall publish in the Federal Register a 
                detailed justification for the waiver that--
                            ``(i) addresses the public comments 
                        received under subparagraph (A)(i); and
                            ``(ii) is published before the waiver takes 
                        effect.
            ``(4) State requirements.--The Secretary may not impose a 
        limitation or condition on assistance provided with funds 
        described in paragraph (1)(A) that restricts--
                    ``(A) a State from imposing requirements that are 
                more stringent than those imposed under this subsection 
                with respect to limiting the use of articles, 
                materials, or supplies mined, produced, or manufactured 
                in foreign countries for capital projects or other 
                capital expenses carried out with such assistance; or
                    ``(B) any recipient of such assistance from 
                complying with such State requirements.
            ``(5) Intentional violations.--Pursuant to procedures 
        established under subpart 9.4 of chapter 1 of title 48, Code of 
        Federal Regulations, a person shall be ineligible to receive a 
        contract or subcontract funded with funds described in 
        paragraph (1)(A) if the Secretary, the head of any department, 
        agency, or instrumentality of the United States, or a court 
        determines that such person intentionally--
                    ``(A) affixed a label bearing a `Made in America' 
                inscription, or any inscription with the same meaning, 
                to any steel, iron, or manufactured goods that--
                            ``(i) were used in a capital project or 
                        other capital expense to which this subsection 
                        applies; and
                            ``(ii) were not produced in the United 
                        States; or
                    ``(B) represented that any steel, iron, or 
                manufactured goods were produced in the United States 
                that--
                            ``(i) were used in a capital project or 
                        other capital expense to which this subsection 
                        applies; and
                            ``(ii) were not produced in the United 
                        States.
            ``(6) Consistency with international agreements.--
                    ``(A) In general.--This subsection shall be applied 
                in a manner that is consistent with United States 
                obligations under international agreements.
                    ``(B) Treatment of foreign countries in violation 
                of international agreements.--The Secretary shall 
                prohibit the use of steel, iron, and manufactured goods 
                produced in a foreign country in a capital project or 
                other capital expense funded with funds described in 
                paragraph (1)(A), including any project or capital 
                expense for which the Secretary has issued a waiver 
                under paragraph (2), 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.''.
    (b) Review of Nationwide Waivers.--Not later than 1 year after the 
date of enactment of this Act, and at least every 5 years thereafter, 
the Secretary of Transportation shall review each standing nationwide 
waiver issued under section 24305(f) of title 49, United States Code, 
to determine whether continuing such waiver is necessary.

SEC. 7. AVIATION BUY AMERICA PROVISIONS.

    (a) Buy America Preferences.--Chapter 501 of title 49, United 
States Code, is amended by striking the chapter heading and inserting 
``BUY AMERICA''.
    (b) Enhancements To Buy America Requirements.--Section 50101 of 
such title is amended to read as follows:
``Sec. 50101. Buy America
    ``(a) Domestic Source Requirement for Steel, Iron, and Manufactured 
Goods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, and except as provided in paragraph (2), amounts 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.
            ``(2) Special rules for certain facilities and equipment.--
        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--
                    ``(A) the cost of components and subcomponents 
                produced in the United States--
                            ``(i) for fiscal year 2015 is more than 60 
                        percent of the cost of all components of the 
                        facility or equipment;
                            ``(ii) for fiscal year 2016 is more than 70 
                        percent of the cost of all components of the 
                        facility or equipment;
                            ``(iii) for fiscal year 2017 is more than 
                        80 percent of the cost of all components of the 
                        facility or equipment;
                            ``(iv) for fiscal year 2018 is more than 90 
                        percent of the cost of all components of the 
                        facility or equipment; and
                            ``(v) for fiscal year 2019, and each fiscal 
                        year thereafter, is 100 percent of the cost of 
                        all components of the facility or equipment; 
                        and
                    ``(B) final assembly of the facility or equipment 
                occurs in the United States.
            ``(3) Scope.--The requirements under this section shall 
        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).
    ``(b) Exceptions.--
            ``(1) Issuance of waivers.--The Secretary of Transportation 
        may waive the requirements of subsection (a) only if the 
        Secretary determines that--
                    ``(A) applying subsection (a) would be inconsistent 
                with the public interest, as determined in accordance 
                with the regulations issued under paragraph (2);
                    ``(B) the steel, iron, or manufactured goods 
                required for a project are not produced in the United 
                States--
                            ``(i) in sufficient and reasonably 
                        available quantities; and
                            ``(ii) of a satisfactory quality; or
                    ``(C) the use of steel, iron, and manufactured 
                goods produced in the United States for a project will 
                increase the project schedule or total cost of the 
                project by more than 25 percent.
            ``(2) Rulemaking.--The Secretary shall issue regulations 
        establishing the criteria that the Secretary shall use to 
        determine whether the application of subsection (a) is 
        inconsistent with the public interest for purposes of paragraph 
        (1)(A).
            ``(3) Labor costs.--For purposes of this section, labor 
        costs involved in final assembly are not included in 
        calculating the cost of components.
            ``(4) Requests for waivers.--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.
            ``(5) Preference for american-assembled facilities and 
        equipment.--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.
            ``(6) Limitation on waiver authority.--In the procurement 
        of a facility or equipment, if the Secretary determines 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.
    ``(c) Waiver Requirements.--
            ``(1) Public notification of and opportunity for comment on 
        request for a waiver.--
                    ``(A) In general.--If the Secretary receives a 
                request for a waiver under subsection (b), the 
                Secretary shall provide notice of and an opportunity 
                for public comment on the request at least 30 days 
                before making a determination based on the request.
                    ``(B) Notice requirements.--A notice provided under 
                subparagraph (A)--
                            ``(i) 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 (b)(1); and
                            ``(ii) shall be provided by electronic 
                        means, including on the official public 
                        Internet website of the Department of 
                        Transportation.
            ``(2) Detailed justification in federal register.--If the 
        Secretary issues a waiver under subsection (b), the Secretary 
        shall publish a detailed justification for the waiver in the 
        Federal Register that--
                    ``(A) addresses the public comments received under 
                paragraph (1)(A); and
                    ``(B) is published before the waiver takes effect.
    ``(d) State Requirements.--The Secretary may not impose a 
limitation or condition on assistance provided with funds made 
available to carry out a provision specified in subsection (a)(1) that 
restricts--
            ``(1) 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
            ``(2) any recipient of such assistance from complying with 
        such State requirements.
    ``(e) Consistency With International Agreements.--
            ``(1) In general.--This section shall be applied in a 
        manner that is consistent with United States obligations under 
        international agreements.
            ``(2) Treatment of foreign countries in violation of 
        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 (a)(1), including any 
        project for which the Secretary has issued a waiver under 
        subsection (b), 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.''.
    (c) Clerical Amendments.--
            (1) Subtitle analysis.--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''.
            (2) Chapter analysis.--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.''.
    (d) Prohibition on Contracting Upon Falsification of Label.--
Section 50105 of such title is amended by inserting ``steel, iron, or 
manufactured'' before ``goods''.
    (e) Review of Nationwide Waivers.--Not later than 1 year after the 
date of the enactment of this Act, and at least 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.

SEC. 8. DEPARTMENT OF TRANSPORTATION BUY AMERICA ANNUAL REPORT.

    Section 308 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Buy America.--Not later than February 1 of each year 
beginning at least 1 year after the date of the enactment of this 
subsection, the Secretary shall submit a report to Congress that--
            ``(1) specifies each project with respect to which the 
        Secretary issued a waiver from a Buy America requirement during 
        the preceding calendar year;
            ``(2) identifies the country of origin and product 
        specifications for steel, iron, or manufactured goods acquired 
        pursuant to each waiver from a Buy America requirement issued 
        by the Secretary during the preceding calendar year;
            ``(3) summarizes the monetary value of contracts awarded 
        pursuant to each such waiver;
            ``(4) provides the justification for each such waiver, 
        including the specific law, treaty, or international agreement 
        under which the waiver was granted;
            ``(5) summarizes the funds expended on--
                    ``(A) steel, iron, and manufactured goods produced 
                in the United States for projects with respect to which 
                a Buy America requirement, under which the Secretary 
                has waiver authority, applied during the preceding 
                calendar year; and
                    ``(B) steel, iron, and manufactured goods produced 
                outside the United States for projects with respect to 
                which the Secretary issued a waiver from a Buy America 
                requirement during the preceding calendar year; and
            ``(6) provides an employment impact analysis of the 
        cumulative effect of all waivers from a Buy America requirement 
        issued by the Secretary during the preceding calendar year on 
        manufacturing employment in the United States.''.
                                 <all>