To prohibit amounts appropriated under this Act to carry out parts A and B of subtitle V of title 49, United States Code, from being expended unless all the steel, iron, and manufactured products used in the project are produced in the United States.

SA 879. Mr. MERKLEY (for himself and Mr. Wyden) submitted an
amendment intended to be proposed to amendment SA 738 proposed by Mr.
Inouye to the bill H.R. 2112, making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
programs for the fiscal year ending September 30, 2012, and for other
purposes; as follows:

On page 264, between lines 9 and 10, insert the following:

SEC. 153. BUYING GOODS PRODUCED IN THE UNITED STATES.

(a) Compliance.--None of the funds made available under
this title to carry out parts A and B of subtitle V of title
49, United States Code, may be expended by any entity unless
the entity agrees that such expenditures will comply with the
requirements under this section.
(b) Preference.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Transportation may not obligate any
funds appropriated under this title to carry out parts A and
B of subtitle V of title 49, United States Code, unless all
the steel, iron, and manufactured products used in the
project are produced in the United States.
(2) Waiver.--The Secretary of Transportation may waive the
application of paragraph (1) in circumstances in which the
Secretary determines that--
(A) such application would be inconsistent with the public
interest;
(B) such materials and products produced in the United
States are not produced in a sufficient and reasonably
available amount or are not of a satisfactory quality; or
(C) inclusion of domestic material would increase the cost
of the overall project by more than 25 percent.
(c) Labor Costs.--For purposes of this subsection
(b)(2)(C), labor costs involved in final assembly shall not
be included in calculating the cost of components.
(d) Manufacturing Plan.--The Secretary of Transportation
shall prepare, in conjunction the Secretary of Commerce, a
manufacturing plan that--
(1) promotes the production of products in the United
States that are the subject of waivers granted under
subsection (b)(2)(B);
(2) addresses how such products may be produced in a
sufficient and reasonably available amount, and in a
satisfactory quality, in the United States; and
(3) addresses the creation of a public database for the
waivers granted under subsection (b)(2)(B).
(e) Waiver Notice and Comment.--If the Secretary of
Transportation determines that a waiver of subsection (b)(1)
is warranted, the Secretary, before the date on which such
determination takes effect, shall--
(1) post the waiver request and a detailed written
justification of the need for such waiver on the Department
of Transportation's public website;
(2) publish a detailed written justification of the need
for such waiver in the Federal Register; and
(3) provide notice of such determination and an opportunity
for public comment for a reasonable period of time not to
exceed 15 days.
(f) State Requirements.--The Secretary of Transportation
may not impose any limitation on amounts made available under
this title to carry out parts A and B of subtitle V of title
49, United States Code, which--
(1) restricts a State from imposing requirements that are
more stringent than the requirements under 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
(2) prohibits any recipient of such amounts from complying
with State requirements authorized under paragraph (1).
(g) Certification.--The Secretary of Transportation may
authorize a manufacturer or supplier of steel, iron, or
manufactured goods to correct, after bid opening, any
certification of noncompliance or failure to properly
complete the certification (except for failure to sign the
certification) under this section if such manufacturer or
supplier attests, under penalty of perjury, and establishes,
by a preponderance of the evidence, that such manufacturer or
supplier submitted an incorrect certification as a result of
an inadvertent or clerical error.
(h) Review.--Any entity adversely affected by an action by
the Department of Transportation under this section is
entitled to seek judicial review of such action in accordance
with section 702 of title 5, United States Code.
(i) Minimum Cost.--The requirements under this section
shall only apply to contracts for which the costs exceed
$100,000.
(j) International Agreements.--This section shall be
applied in a manner consistent with United States obligations
under international agreements.
(k) Fraudulent Use of ``Made in America'' Label.--An entity
is ineligible to receive a contract or subcontract made with
amounts appropriated under this title to carry out parts A
and B of subtitle V of title 49, United States Code, if a
court or department, agency, or instrumentality of the
Government determines that the person intentionally--
(1) affixed a ``Made in America'' label, or a label with an
inscription having the same meaning, to goods sold in or
shipped to the United States that are used in a project to
which this section applies, but were not produced in the
United States; or
(2) represented that goods described in paragraph (1) were
produced in the United States.
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