Sec. 5. Application of Buy America preference
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Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall ensure that none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States. The head of a Federal agency that applies a domestic content procurement preference under this section may waive the application of that preference in any case in which the head of the Federal agency finds that— applying the domestic content procurement preference would be inconsistent with the public interest; types of iron, steel, or manufactured products are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or the inclusion of iron, steel, or manufactured products produced in the United States will increase the cost of the overall project by more than 25 percent.
Before issuing a waiver under subsection (b), the head of the Federal agency shall— publish in the Federal Register and make publicly available in an easily accessible location on the website of the Federal agency a detailed written explanation for the proposed determination to issue the waiver; and provide a reasonable period for public comment on the proposed waiver. A waiver issued under subsection
(b)shall be limited to the use of specific products for use in a specific project. This section shall be applied in a manner consistent with United States obligations under international agreements.