123STA T . 3 0 3 PUBLIC LA W 111 –5—FE B.1 7, 200 9LIM I TONFU N DSSEC.1604 . None o fth ef u n dsap p r opr i ated or other w ise m ade a v ai l a b le in this Ac tma y be used by any State or local g overnment , or any private entity, for any casino or other gambling establish - ment, a q uarium, z oo, golf course, or swimming pool. B U YA ME R ICAN SEC. 160 5 . U SE OF AMERICAN I RON, STEEL, AND M ANUFACTURED G OODS. ( a ) None of the funds appropriated or otherwise made available by this Act may be used for a pro j ect for the construction, alteration, maintenance, or repair of a public building or public wor k unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the F ederal department or agency involved finds that — (1) applying subsection (a) would be inconsistent with the public interest
( 2 ) iron, steel, and the relevant 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, and manufactured goods pro- duced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal R egister a detailed written justification as to why the provision is being waived. (d) T his section shall be applied in a manner consistent with United States obligations under international agreements. W A G E RATE RE Q UIREMENTS SEC. 1606. Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of L abor in accordance with subchapter I V of chapter 31 of title 40, United States C ode. W ith respect to the labor standards speci- fied in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization P lan Numbered 14 of 1 9 50 (64 Stat. 126 7
- 5 U.S.C. App.) and section 3145 of title 40,
United States Code. ADDITIONAL FUNDING DISTRIBUTION AND ASSURANCE OF A P PROPRIATE USE OF FUNDS SEC. 1607. (a) CERTIFICATION BY GO V ERNOR.—Not later than 45 days after the date of enactment of this Act, for funds provided to any State or agency thereof, the Governor of the State shall certify that
(1) the State will request and use funds provided by this Act; and (2) the funds will be used to create jobs and promote economic growth. Deadlin e .Co n tr a c t s . Ap plica b ilit y . F ederal R e g ister , p u blication. W ai v er aut h ority.
