[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3017 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 3017

 To amend title 49, United States Code, to clarify certain Buy America 
                              provisions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 5, 2003

Ms. Kilpatrick introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to clarify certain Buy America 
                              provisions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. BUY AMERICA.

    Section 5323(j) of title 49, United States Code, is amended--
            (1) by adding at the end of paragraph (1) the following: 
        ``The term `manufactured goods' as used in this paragraph means 
        each individual item specified in each line item of a 
        procurement. If the individual items to be procured are listed 
        in the bill of materials and specifications rather than a line 
        item, the term `manufactured goods' shall apply to each such 
        item. The definition of `manufactured goods' shall not be 
        applicable to the procurement of rolling stock as set forth in 
        paragraph (2)(C).'';
            (2) by redesignating paragraphs (3) through (7) as 
        paragraphs (4) through (8), respectively;
            (3) by inserting after paragraph (2) the following:
            ``(3) When issuing a waiver based upon a public interest 
        determination under paragraph (2)(A), the Secretary shall 
        produce a detailed written justification as to why the waiver 
        is in the public interest. The Secretary shall publish this 
        justification in the Federal Register and provide the public a 
        reasonable period for notice and comment.''; and
            (4) by adding at the end the following:
            ``(9) Application of waivers.--The Secretary may grant a 
        waiver under paragraph (2) for a microprocessor, but not for 
        microcomputer equipment. For purposes of this paragraph 
        `microprocessor' means a computer processor on a microchip.
            ``(10) Administrative review.--A party adversely affected 
        by an agency action under this subsection shall have the right 
        to seek review under section 702 of the Administrative 
        Procedure Act, title 5, United States Code.''.
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