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Code · BILL · 115th Congress · H.R. 904 (Introduced in House) — To amend chapter 83 of title 41, United States Code, to increase the requirement for American-made content, to streng... · Sec. 209

Sec. 209. Rural Utilities Service Buy American modernization

522 words·~2 min read·/bill/115/hr/904/ih/section-209·

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Section 232 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6942 ) is amended by adding at the end the following new subsection: Notwithstanding any other provision of law, funds made available under a program carried out by the Secretary through the Rural Utilities Service, including a program specified in subsection (c), may not be used, in whole or in part, for a project utilizing steel, iron, or manufactured goods unless the steel, iron, and manufactured goods are produced in the United States. The requirement specified in paragraph
(1)applies to each contract for a project referred to in such paragraph, regardless of the funding source of the contract, if at least one contract for the project is funded with amounts made available under a program referred to in such paragraph. The Administrator of the Rural Utilities Service may grant a waiver from the requirements of paragraph
(1)or
(2)for a project referred to in paragraph
(1)only if the Administrator finds that— applying the requirement in such paragraph would be inconsistent with the public interest, as determined in accordance with the regulations required under subparagraph (B); the steel, iron, or manufactured goods required for the project are not produced in the United States— in sufficient and reasonably available quantities; or to a satisfactory quality; or 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. Not later than 1 year after the date of enactment of the Buy American Improvement Act of 2017, the Administrator shall issue regulations establishing the criteria that the Administrator shall use to determine whether the application of paragraph
(1)or
(2)is inconsistent with the public interest for purposes of subparagraph (A)(i). A recipient of assistance under a program referred to in paragraph
(1)seeking a waiver under subparagraph
(A)shall submit to the Administrator a request for the waiver in such form and containing such information as the Administrator may require. Within 15 days after the date on which the Administrator receives a request for a waiver under subparagraph (C), the Administrator shall publish in the Federal Register notice of the request for a waiver. The Administrator may not grant the waiver before the expiration of the 15-day period beginning on the date of the publication of the notice to provide the public an opportunity for notice and comment. Within 15 days after granting a waiver request under this paragraph, the Administrator shall publish in the Federal Register notice of the waiver, including— the justification for the waiver; the Administrator’s response to any public comments received under subparagraph
(D)with respect to the request for that waiver; and an employment impact analysis of the cumulative effect of the waiver, together with all other waivers previously granted under this paragraph during the preceding 1-year period, on manufacturing employment in the United States. In this subsection, the term manufactured goods has the meaning given that term pursuant to the regulations required by section 106 of the Buy American Improvement Act of 2017. .
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Sec. 209
Rural Utilities Service Buy American modernization
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