Sec. 70914. 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 obligated for a project unless all of the iron, steel, manufactured products, and construction materials 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, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or the inclusion of iron, steel, manufactured products, or construction materials 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— make publicly available in an easily accessible location on a website designated by the Office of Management and Budget and on the website of the Federal agency a detailed written explanation for the proposed determination to issue the waiver; and provide a period of not less than 15 days for public comment on the proposed waiver. An existing general applicability waiver or a general applicability waiver issued under subsection
(b)shall be reviewed every 5 years after the date on which the waiver is issued. In conducting a review of a general applicability waiver, the head of a Federal agency shall— publish in the Federal Register a notice that— describes the justification for a general applicability waiver; and requests public comments for a period of not less than 30 days on the continued need for a general applicability waiver; and publish in the Federal Register a determination on whether to continue or discontinue the general applicability waiver, taking into account the comments received in response to the notice published under subparagraph (A). For a period of 5 years beginning on the date of enactment of this Act, paragraphs
(1)and
(2)shall not apply to any product-specific general applicability waiver that was issued more than 180 days before the date of enactment of this Act. This section shall be applied in a manner consistent with United States obligations under international agreements.