Sec. 70914. APPLICATION OF BUY AMERICA PREFERENCE

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## SEC. 70914 APPLICATION OF BUY AMERICA PREFERENCE ###

(a)In General 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. ###

(b)Waiver 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— ####

(1)applying the domestic content procurement preference would be inconsistent with the public interest; ####

(2)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 ####

(3)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. ###

(c)Written Justification Before issuing a waiver under subsection (b), the head of the Federal agency shall— ####

(1)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 ####

(2)provide a period of not less than 15 days for public comment on the proposed waiver. ###

(d)Review of Waivers of General Applicability ####

(1)In general 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. ####

(2)Review In conducting a review of a general applicability waiver, the head of a Federal agency shall— #####

(A)publish in the Federal Register a notice that— ######

(i)describes the justification for a general applicability waiver; and ######

(ii)requests public comments for a period of not less than 30 days on the continued need for a general applicability waiver; and #####

(B)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). ####

(3)Limitation on the review of existing waivers of general applicability 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. ###

(e)Consistency With International Agreements This section shall be applied in a manner consistent with United States obligations under international agreements.