An amendment to prohibit the use of funds in contravention of "Buy American Preferences".

1. Adds Sec. 417 at the end of the bill

   Adds a section

   Inserted: Sec. 417.

   Inserted: (a) In General.--None of the funds made available by this Act may be used in contravention of this section or the amendments made by this section.

   Inserted: (b) Buy-American Preferences.--Chapter 501 of title 49, United States Code, is amended by striking the chapter heading and inserting "BUY AMERICA".

   Inserted: (c) Enhancements To Buy America Requirements.--Section 50101 of such title is amended to read as follows:

   Inserted: "Sec. 50101. Buy America

   Inserted: "(a) Domestic Source Requirement for Steel, Iron, and Manufactured Goods.--

   Inserted: "(1) In general.--Notwithstanding any other provision of law, and except as provided in paragraph (2), funds 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.

   Inserted: "(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--

   Inserted: "(A) the cost of components and subcomponents produced in the United States--

   Inserted: "(i) for fiscal year 2015 is more than 60 percent of the cost of all components of the facility or equipment;

   Inserted: "(ii) for fiscal year 2016 is more than 70 percent of the cost of all components of the facility or equipment;

   Inserted: "(iii) for fiscal year 2017 is more than 80 percent of the cost of all components of the facility or equipment;

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   Inserted: "(iv) for fiscal year 2018 is more than 90 percent of the cost of all components of the facility or equipment; and

   Inserted: "(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

   Inserted: "(B) final assembly of the facility or equipment occurs in the United States.

   Inserted: "(3) Scope.--The requirements of this section 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).

   Inserted: "(b) Exceptions.--

   Inserted: "(1) Issuance of waivers.--The Secretary of Transportation may waive the requirements of subsection (a) only if the Secretary finds that--

   Inserted: "(A) applying subsection (a) would be inconsistent with the public interest, as determined in accordance with the regulations required under paragraph (2);

   Inserted: "(B) the steel, iron, or manufactured goods required for a project are not produced in the United States--

   Inserted: "(i) in sufficient and reasonably available quantities; or

   Inserted: "(ii) to a satisfactory quality; or

   Inserted: "(C) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent.

   Inserted: "(2) Regulations.--Not later than October 1, 2015, 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).

   Inserted: "(3) Labor costs.--For purposes of this section, labor costs involved in final assembly are not included in calculating the cost of components.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(6) Limitation on waiver authority.--In the procurement of a facility or equipment, if the Secretary finds 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.

   Inserted: "(c) Waiver Requirements.--

   Inserted: "(1) Public notification of and opportunity for comment on request for a waiver.--

   Inserted: "(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.

   Inserted: "(B) Notice requirements.--A notice provided under subparagraph (A) shall--

   Inserted: "(i) include the information available to the Secretary concerning the request, including whether the request is being made under subsection (b)(1)(A), (b)(1)(B), or (b)(1)(C); and

   Inserted: "(ii) be provided by electronic means, including on the official public Internet Web site of the Department of Transportation.

   Inserted: "(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--

   Inserted: "(A) addresses the public comments received under paragraph (1)(A); and

   Inserted: "(B) is published before the waiver takes effect.

   Inserted: "(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--

   Inserted: "(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

   Inserted: "(2) any recipient of such assistance from complying with such State requirements.

   Inserted: "(e) Consistency With International Agreements.--

   Inserted: "(1) In general.--This section shall be applied in a manner that is consistent with United States obligations under international agreements.

   Inserted: "(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.".

   Inserted: (d) Prohibition on Contracting Upon Falsification of Label.--Section 50105 of such title is amended by inserting "steel, iron, or manufactured" before "goods".

   Inserted: (e) 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 shall review each standing nationwide waiver issued under section 50101 of title 49, United States Code, to determine whether continuing such waiver is necessary.

   Original wording

   At the end of the bill, before the short title, insert the following new section:

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As printed