[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3682 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 3682

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 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. SHORT TITLE.

    This Act may be cited as ``Protecting American Manufacturing Jobs 
Act of 2003''.

SEC. 2. BUY AMERICA.

    (a) Waivers.--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 term `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 (5) through (9), 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 such justification in the Federal 
Register and provide the public a reasonable period for notice and 
comment.
    ``(4) The Secretary may not grant a waiver under paragraph (2) for 
microcomputer equipment. For purposes of this paragraph 
`microprocessor' means a computer processor on a microchip.''; and
            (4) by adding at the end the following:
            ``(10) Administrative review.--A party adversely affected 
        by an agency action under this subsection shall have the right 
        to seek review under section 702, title 5, United States 
        Code.''.
    (b) Application to Existing Waivers.--Notwithstanding the 
amendments made by this section, such amendments shall not modify the 
scope or terms of an existing waiver granted by the Secretary of 
Transportation that pertains to microprocessors or microcomputers, 
including software, incorporated in train control equipment or 
communication equipment, as such terms are defined in 49 CFR 661.11 (t) 
and (u).
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