Sec. 3023. GENERAL PROVISIONS ON ASSISTANCE

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## SEC. 3023 GENERAL PROVISIONS ON ASSISTANCE * * * * * * * ######

(i)Buy America * * * * * * * ####

(4)Repeal of general waiver Subsections

(b)and

(c)of Appendix A of section 661.7 of title 49, Code of Federal Regulations, shall cease to be in effect beginning on the date of enactment of this Act. ####

(5)Rulemaking Not later than 180 days after the date of enactment of this Act, the Secretary shall issue a final rule on implementation of the requirements of section 5323(j) of title 49, United States Code (in this paragraph referred to as the “Buy America requirements”). The purposes of the regulations shall be as follows: #####

(A)Microprocessor waiver To clarify that any waiver from the Buy America requirements issued under section 5323(j)(2) of such title for a microprocessor, computer, or microcomputer applies only to a device used solely for the purpose of processing or storing data and does not extend to a product containing a microprocessor, computer, or microcomputer. #####

(B)Definitions To define the terms “**end product**”, “negotiated procurement”, and “contractor” for purposes of part 661 of title 49, Code of Federal Regulations. In defining the terms, the Secretary shall develop a list of representative items that are subject to the Buy America requirements, and shall address the procurement of systems under the definition to ensure that major system procurements are not used to circumvent the Buy America requirements. #####

(C)Post-award waivers To permit a grantee to request a non-availability waiver from the Buy America requirements under section 661.7c of title 49, Code of Federal Regulations, after contract award in any case in which the contractor has made a certification of compliance with the requirements in good faith. #####

(D)Certification under negotiated procurement process In any case in which a negotiated procurement process is used, compliance with the Buy America requirements shall be determined on the basis of the certification submitted with the final offer. * * * * * * *