Sec. 3. Application of Buy America preference
265 words·~1 min read·
/bill/115/s/181/is/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding any other provision of law, beginning on the date on which the Comptroller General issues the report under section 2(a), funds or credit assistance made available under a deficient program may not be used for a project commencing after that date for the construction, alteration, maintenance, repair, rehabilitation, conversion, or extension of infrastructure or acquisition of equipment and vehicles relating to an infrastructure project unless all of the iron, steel, manufactured goods, and commodity construction materials used in the project are produced in the United States. Subsection
(a)shall not apply in any case in which the head of the Federal department or agency involved finds that— applying subsection
(a)would be inconsistent with the public interest; iron, steel, the relevant manufactured goods, and the relevant commodity construction materials are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or inclusion of iron, steel, manufactured goods, and commodity construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. If the head of the 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 Register a detailed written justification as to why the provision is being waived. This section shall be applied in a manner consistent with United States obligations under international agreements. Nothing in this Act imposes, creates, or alters any requirement for a program that is not a deficient program.