[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 904 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 904

 To amend chapter 83 of title 41, United States Code, to increase the 
    requirement for American-made content, to strengthen the waiver 
                  provisions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2017

  Mr. Lipinski (for himself, Mr. Joyce of Ohio, Ms. Shea-Porter, Mr. 
Michael F. Doyle of Pennsylvania, Mr. Garamendi, Mr. Nolan, Ms. Norton, 
 Mr. Ryan of Ohio, Mrs. Bustos, Ms. Brownley of California, Mr. Carson 
  of Indiana, and Mr. Jones) introduced the following bill; which was 
 referred to the Committee on Oversight and Government Reform, and in 
 addition to the Committees on Financial Services, Transportation and 
 Infrastructure, Energy and Commerce, Agriculture, Natural Resources, 
 and Homeland Security, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend chapter 83 of title 41, United States Code, to increase the 
    requirement for American-made content, to strengthen the waiver 
                  provisions, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Buy American 
Improvement Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
             TITLE I--MATTERS RELATING TO BUY AMERICAN ACT

Sec. 101. Regulations relating to Buy American Act.
Sec. 102. Amendments relating to Buy American Act.
Sec. 103. Report by Comptroller General.
Sec. 104. Border protection infrastructure.
Sec. 105. United States obligations under international agreements.
Sec. 106. Definitions.
                   TITLE II--BUY AMERICA IMPROVEMENT

Sec. 201. Annual report.
Sec. 202. Component requirements and verification.
Sec. 203. FHWA domestic content standards improvement.
Sec. 204. Rail Buy America modernization.
Sec. 205. FAA Buy America modernization.
Sec. 206. Application of Buy America requirements to projects financed 
                            with passenger facility charges.
Sec. 207. Notice and comment requirement for waiver petitions.
Sec. 208. Drinking water state revolving funds.
Sec. 209. Rural Utilities Service Buy American modernization.
Sec. 210. Community development block grant Buy America modernization.
Sec. 211. Rural Water Supply Program.
Sec. 212. Economic development administration Buy American 
                            modernization.
Sec. 213. Rail loan and loan guarantee Buy America requirements.

             TITLE I--MATTERS RELATING TO BUY AMERICAN ACT

SEC. 101. REGULATIONS RELATING TO BUY AMERICAN ACT.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Administrator for Federal Procurement 
Policy, in consultation with the Federal Acquisition Regulatory 
Council, shall promulgate regulations to standardize and simplify how 
Federal agencies comply with, report on, and enforce chapter 83 of 
title 41, United States Code (commonly known as the Buy American Act). 
The regulations shall include, at a minimum, the following:
            (1) Guidelines for Federal agencies to determine, for the 
        purposes of applying sections 8302(a) and 8303(b)(3) of such 
        title, the circumstances under which the acquisition of 
        articles, materials, or supplies mined, produced, or 
        manufactured in the United States is inconsistent with the 
        public interest.
            (2) Uniform procedures for each Federal agency to make 
        publicly available, in an easily identifiable location on the 
        website of the agency, and within the following time periods, 
        the following information:
                    (A) A description of the circumstances in which the 
                head of the agency may waive the requirements of 
                chapter 83 of such title.
                    (B) Each waiver made by the head of the agency 
                within 30 days after making such waiver, including a 
                detailed justification for the waiver.
            (3) Rules for Federal agencies to ensure that a project is 
        not disaggregated for purposes of avoiding the applicability of 
        the requirements under chapter 83 of such title.
            (4) Procedures to investigate occurrences when the head of 
        a Federal agency improperly waives the requirements of chapter 
        83 of such title.
            (5) Rules for the Administrator to evaluate the percentage 
        of domestic content in a manufactured end product, including 
        providing a definition for the term ``manufactured end 
        product''.
    (b) Guidelines Relating to Inconsistency With Public Interest.--
With respect to the guidelines developed under subsection (a)(1), the 
Administrator shall consider any significant decrease in employment in 
the United States resulting from a waiver to be inconsistent with the 
public interest and seek to minimize waivers that would result in a 
decrease in employment in the United States in both the short and long 
term.
    (c) Rules Relating to Domestic Content.--With respect to the rules 
developed under subsection (a)(5), the Administrator may not treat 
components of foreign origin of the same class or kind as those that 
are not mined, produced, or manufactured in the United States in 
sufficient and reasonably available commercial quantities of a 
satisfactory quality as domestic content. With respect to providing a 
definition for the term ``manufactured end product'', the Administrator 
shall consider previous judicial rulings on the question of--
            (1) whether the product is completed in the final form 
        required for use by the Federal Government; and
            (2) whether separate manufacturing stages or continuous 
        processes constitute ``manufacturing''.

SEC. 102. AMENDMENTS RELATING TO BUY AMERICAN ACT.

    (a) Special Rules Relating to American Materials Required for 
Public Use.--Section 8302 of title 41, United States Code, is amended 
by adding at the end the following:
    ``(c) Special Rules.--The following rules apply in carrying out the 
provisions of subsection (a):
            ``(1) Calculation of domestic and non-domestic offers.--
                    ``(A) Exclusion of start-up costs in calculating 
                cost of offer.--When comparing offers between domestic 
                entities and non-domestic entities, costs related to 
                the start-up of a project shall be excluded from a 
                domestic offer.
                    ``(B) Unreasonable cost determination.--
                            ``(i) In general.--The head of a Federal 
                        agency may not determine the cost of acquiring 
                        articles, materials, or supplies mined, 
                        produced, or manufactured in the United States 
                        to be unreasonable under subsection (a)(1), 
                        unless the acquisition of such articles, 
                        materials, or supplies would increase the cost 
                        of the overall project by more than 25 percent.
                            ``(ii) Rule of construction.--With respect 
                        to the percentage increase required for a 
                        determination of unreasonable cost applicable 
                        to projects under Department of Defense 
                        contracts as of the date of the enactment of 
                        the Buy American Improvement Act of 2017, 
                        nothing in this subparagraph may be construed 
                        as reducing such percentage increase.
            ``(2) Use outside the united states.--
                    ``(A) In general.--Notwithstanding the exception 
                described in subsection (a)(2)(A), subsection (a)(1) 
                shall apply to articles, materials, or supplies for use 
                outside the United States if such articles, materials, 
                or supplies are not needed on an urgent basis or are 
                acquired on a regular basis.
                    ``(B) Cost analysis.--In any case in which 
                articles, materials, or supplies are to be acquired for 
                use outside the United States and are not needed on an 
                urgent basis or are acquired on a regular basis, before 
                entering into a contract, an analysis shall be made of 
                the difference in the cost of acquiring such articles, 
                materials, or supplies from a company mining, 
                producing, or manufacturing the articles, materials, or 
                supplies in the United States (including the cost of 
                shipping) and the cost of acquiring such articles, 
                materials, or supplies from a company mining, 
                producing, or manufacturing the articles, materials, or 
                supplies outside the United States (including the cost 
                of shipping).
            ``(3) Domestic availability.--The head of a Federal agency 
        may not determine that an article, material, or supply is not 
        mined, produced, or manufactured in the United States in 
        sufficient and reasonably available commercial quantities and 
        of a satisfactory quality under subsection (a)(1), unless the 
        head of the agency first determines that--
                    ``(A) domestic production cannot be initiated 
                without significantly delaying the project for which 
                the article, material, or supply is to be acquired; and
                    ``(B) a substitutable article, material, or supply 
                is not mined, produced, or manufactured in the United 
                States in sufficient and reasonably available 
                commercial quantities and of a satisfactory quality.''.
    (b) Reports.--Subsection (b) of section 8302 of title 41, United 
States Code, is amended to read as follows:
    ``(b) Reports.--
            ``(1) In general.--Not later than 180 days after the end of 
        each of fiscal years 2018 through 2022, the Director of the 
        Office of Management and Budget, in consultation with the 
        Administrator of General Services, shall submit to the 
        Committee on Oversight and Government Reform of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate a report on the total amount 
        of acquisitions made by Federal agencies in the relevant fiscal 
        year of articles, materials, or supplies acquired from entities 
        that mine, produce, or manufacture the articles, materials, or 
        supplies outside the United States.
            ``(2) Additional content.--Each report required under 
        paragraph (1) shall separately include, for the fiscal year 
        covered by the report--
                    ``(A) the dollar value of any articles, materials, 
                or supplies that were mined, produced, or manufactured 
                outside the United States, in the aggregate and by 
                country;
                    ``(B) an itemized list of all waivers made under 
                this chapter with respect to articles, materials, or 
                supplies and the country where such articles, 
                materials, or supplies were mined, produced, or 
                manufactured;
                    ``(C) if any articles, materials, or supplies were 
                acquired from entities that mine, produce, or 
                manufacture such articles, materials, or supplies 
                outside the United States due to an exception (that is 
                not the micro-purchase threshold exception described 
                under subsection (a)(2)(C)), the specific exception 
                that was used to purchase such articles, materials, or 
                supplies;
                    ``(D) if any articles, materials, or supplies were 
                acquired from entities that mine, produce, or 
                manufacture such articles, materials, or supplies 
                outside the United States pursuant to a reciprocal 
                defense procurement memorandum of understanding (as 
                described in section 8304), or a trade agreement or 
                least developed country designation described in 
                subpart 25.400 of the Federal Acquisition Regulation, a 
                citation to such memorandum of understanding, trade 
                agreement, or designation; and
                    ``(E) a summary of--
                            ``(i) the total procurement funds expended 
                        on articles, materials, and supplies mined, 
                        produced, or manufactured inside the United 
                        States;
                            ``(ii) the total procurement funds expended 
                        on articles, materials, and supplies mined, 
                        produced, or manufactured outside the United 
                        States; and
                            ``(iii) the total procurement funds 
                        expended on articles, materials, and supplies 
                        mined, produced, or manufactured outside the 
                        United States per country that mined, produced, 
                        or manufactured such articles, materials, and 
                        supplies.
            ``(3) Public availability.--Not later than 180 days after 
        the end of each relevant fiscal year, the Director of the 
        Office of Management and Budget shall make the relevant report 
        required under paragraph (1) publicly available on a website.
            ``(4) Exception for intelligence community.--This 
        subsection does not apply to acquisitions made by an agency, or 
        component of an agency, that is an element of the intelligence 
        community as specified in, or designated under, section 3 of 
        the National Security Act of 1947 (50 U.S.C. 3003).''.
    (c) Definitions.--Section 8301 of title 41, United States Code, is 
amended by adding at the end the following:
            ``(3) Federal agency.--The term `Federal agency' has the 
        meaning given the term `executive agency' in section 133 of 
        title 41, United States Code.
            ``(4) Substantially all.--The term `substantially all', 
        with respect to articles, materials, or supplies mined, 
        produced, or manufactured in the United States, means that the 
        cost of the domestic components of such articles, materials, or 
        supplies exceeds 75 percent of the total cost of all components 
        of such articles, materials, or supplies.
            ``(5) Waiver.--The term `waiver', with respect to the 
        acquisition of an article, material, or supply for public use, 
        means the inapplicability of this chapter to the acquisition by 
        reason of any of the following determinations under section 
        8302(a)(1) or 8303(b)(3):
                    ``(A) A determination by the head of the Federal 
                agency concerned that the acquisition is inconsistent 
                with the public interest.
                    ``(B) A determination by the head of the Federal 
                agency concerned that the cost of the acquisition is 
                unreasonable.
                    ``(C) A determination by the head of the Federal 
                agency concerned that the article, material, or supply 
                is not mined, produced, or manufactured in the United 
                States in sufficient and reasonably available 
                commercial quantities of a satisfactory quality.''.
    (d) Conforming Amendments.--Title 41, United States Code, is 
amended--
            (1) in section 8302--
                    (A) in paragraph (1) of subsection (a)--
                            (i) by striking ``department or independent 
                        establishment'' and inserting ``Federal 
                        agency''; and
                            (ii) by striking ``their acquisition to be 
                        inconsistent with the public interest or their 
                        cost to be unreasonable'' and inserting ``their 
                        acquisition to be inconsistent with the public 
                        interest, their cost to be unreasonable, or 
                        that the articles, materials, or supplies of 
                        the class or kind to be used, or the articles, 
                        materials, or supplies from which they are 
                        manufactured, are not mined, produced, or 
                        manufactured in the United States in sufficient 
                        and reasonably available commercial quantities 
                        and of a satisfactory quality''; and
                    (B) in paragraph (2) of subsection (a)--
                            (i) in subparagraph (A), by inserting 
                        ``subject to subsection (c)(2)(A),'' before 
                        ``to articles, materials, or supplies''; and
                            (ii) by amending subparagraph (B) to read 
                        as follows:
                    ``(B) to any articles, materials, or supplies 
                procured pursuant to a reciprocal defense procurement 
                memorandum of understanding (as described in section 
                8304), or a trade agreement or least developed country 
                designation described in subpart 25.400 of the Federal 
                Acquisition Regulation; and''; and
            (2) in section 8303--
                    (A) in subsection (b)--
                            (i) by striking ``department or independent 
                        establishment'' each place it appears and 
                        inserting ``Federal agency'';
                            (ii) by amending subparagraph (B) of 
                        paragraph (1) to read as follows:
                    ``(B) to any articles, materials, or supplies 
                procured pursuant to a reciprocal defense procurement 
                memorandum of understanding (as described in section 
                8304), or a trade agreement or least developed country 
                designation described in subpart 25.400 of the Federal 
                Acquisition Regulation; and''; and
                            (iii) in paragraph (3)--
                                    (I) in the heading, by striking 
                                ``Inconsistent with public interest'' 
                                and inserting ``Waiver authority''; and
                                    (II) by striking ``their purchase 
                                to be inconsistent with the public 
                                interest or their cost to be 
                                unreasonable'' and inserting ``their 
                                acquisition to be inconsistent with the 
                                public interest, their cost to be 
                                unreasonable, or that the articles, 
                                materials, or supplies of the class or 
                                kind to be used, or the articles, 
                                materials, or supplies from which they 
                                are manufactured, are not mined, 
                                produced, or manufactured in the United 
                                States in sufficient and reasonably 
                                available commercial quantities and of 
                                a satisfactory quality''; and
                    (B) in subsection (c), by striking ``department, 
                bureau, agency, or independent establishment'' each 
                place it appears and inserting ``Federal agency''.
    (e) Exclusion From Inflation Adjustment of Acquisition-Related 
Dollar Thresholds.--Subparagraph (A) of section 1908(b)(2) of title 41, 
United States Code, is amended by striking ``chapter 67'' and inserting 
``chapters 67 and 83''.

SEC. 103. REPORT BY COMPTROLLER GENERAL.

    Not later than 1 year after the date of the enactment of this Act, 
the Comptroller General of the United States shall report to Congress 
on the extent to which, in each of fiscal years 2011, 2012, 2013, 2014, 
2015, articles, materials, or supplies acquired by the Federal 
Government were mined, produced, or manufactured outside the United 
States. Such report shall include for each Federal agency the 
following:
            (1) A summary of total procurement funds expended on 
        articles, materials, and supplies mined, produced, or 
        manufactured--
                    (A) inside the United States;
                    (B) outside the United States; and
                    (C) outside the United States--
                            (i) under each category of waiver under 
                        chapter 83 of title 41, United States Code;
                            (ii) under each category of exception under 
                        such chapter; and
                            (iii) for each country that mined, 
                        produced, or manufactured such articles, 
                        materials, and supplies.
            (2) An analysis of the impact of eliminating the exception 
        for acquisitions for information technology (as defined in 
        section 11101 of title 40, United States Code) that is a 
        commercial item (as defined in section 103 of title 41, United 
        States Code).

SEC. 104. BORDER PROTECTION INFRASTRUCTURE.

    Paragraph (1) of section 604(b) of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5; 6 U.S.C. 453b(b)(1)) is 
amended--
            (1) in subparagraph (C), by striking ``; or'' and inserting 
        a semicolon;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(E) materials and supplies used in the 
                construction of border protection barriers and roads 
                constructed under section 102 of the Illegal 
                Immigration and Reform and Immigrant Responsibility Act 
                of 1996 (division C of Public Law 104-208; 8 U.S.C. 
                1103 note).''.

SEC. 105. UNITED STATES OBLIGATIONS UNDER INTERNATIONAL AGREEMENTS.

    This Act, and the amendments made by this Act, shall be applied in 
a manner consistent with United States obligations under international 
agreements.

SEC. 106. DEFINITIONS.

    In this title:
            (1) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``executive agency'' in section 133 of 
        title 41, United States Code.
            (2) Waiver.--The term ``waiver'', with respect to the 
        acquisition of an article, material, or supply for public use, 
        means the inapplicability of chapter 83 of title 41, United 
        States Code, to the acquisition by reason of any of the 
        following determinations under section 8302(a)(1) or 8303(b)(3) 
        of such title:
                    (A) A determination by the head of the Federal 
                agency concerned that the acquisition is inconsistent 
                with the public interest.
                    (B) A determination by the head of the Federal 
                agency concerned that the cost of the acquisition is 
                unreasonable.
                    (C) A determination by the head of the Federal 
                agency concerned that the article, material, or supply 
                is not mined, produced, or manufactured in the United 
                States in sufficient and reasonably available 
                commercial quantities of a satisfactory quality.

                   TITLE II--BUY AMERICA IMPROVEMENT

SEC. 201. ANNUAL REPORT.

    Not later than 180 days after the end of each fiscal year, the 
Secretary of Transportation shall submit a report to the Committee on 
Transportation and Infrastructure in the House of Representatives and 
the Committee on Commerce, Science, and Transportation in the Senate, 
and publish on the Department's website, that--
            (1) itemizes all waivers regarding domestic content granted 
        by the Department within that fiscal year and provides the 
        justification for each waiver;
            (2) identifies the country of origin and product 
        specifications for goods used in construction pursuant to each 
        waiver granted; and
            (3) summarizes the total value of acquisitions made under 
        each waiver.

SEC. 202. COMPONENT REQUIREMENTS AND VERIFICATION.

    (a) Auditing and Certification Modernization.--
            (1) Not later than 6 months after the date of enactment of 
        this Act, the Secretary of Transportation shall--
                    (A) initiate a rulemaking to develop audit 
                procedures for the Federal Transit Administration to 
                review offeror and recipient compliance with domestic 
                content provisions; and
                    (B) issue guidance on best practices for pre-award 
                and post-delivery audits by recipients under section 
                5323(m) of title 49, United States Code.
            (2) In developing the guidance required under paragraph 
        (1)(B), the Secretary shall consider best practices for--
                    (A) proper and sufficient documentation requests 
                from bidders by recipients under section 5323(m) of 
                such title to support certification of compliance;
                    (B) proper and sufficient documentation requests 
                from bidders by recipients under section 5323(m) of 
                such title to support pre-award and post-delivery 
                audits;
                    (C) determining the timing and requirements for 
                post-delivery audit; and
                    (D) verifying the origin of supplier components and 
                subcomponents.
    (b) Component Guidance.--Not later than 6 months after the date of 
enactment of this Act, the Secretary shall initiate a rulemaking to 
further develop standards under section 5323(j) of title 49, United 
States Code, for measuring the percentage value of a component relative 
to the entire procurement.

SEC. 203. FHWA DOMESTIC CONTENT STANDARDS IMPROVEMENT.

    (a) CMAQ Loophole.--Section 313(b) of title 23, United States Code, 
is amended--
            (1) by redesignating paragraph (3) as paragraph (4);
            (2) in paragraph (2) by striking ``or''; and
            (3) by inserting after paragraph (2) the following:
            ``(3) that when procuring rolling stock under this 
        chapter--
                    ``(A) the cost of components and subcomponents 
                produced in the United States is more than 60 percent 
                of the cost of all components of the rolling stock; and
                    ``(B) final assembly of the rolling stock has 
                occurred in the United States; or''.
    (b) Rule Reevaluation.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Transportation shall review the 
regulations found in section 635.410 of title 23, Code of Federal 
Regulations, or any similar successor regulations, to determine whether 
manufactured products other than those containing steel and iron should 
be considered for the purposes of domestic content preferences.

SEC. 204. RAIL BUY AMERICA MODERNIZATION.

    Section 24305(f) of title 49, United States Code, is amended by 
adding at the end the following:
    ``(5) Before applying for an exemption under paragraph (4), Amtrak 
shall enter into an arrangement with the National Institute of 
Standards and Technology to conduct a supplier scouting process for 
domestic suppliers that can provide the compliant articles, materials, 
or supplies for which an exemption will be sought. Upon conclusion of 
the supplier scouting process for a particular article, material, or 
supply, Amtrak shall submit to the Secretary a scouting report along 
with the exemption application. The Secretary shall consider the 
results of the supplier scouting process before making a decision on 
Amtrak's exemption application. If the Secretary decides to grant the 
exemption, the Secretary shall publish in the Federal Register a 
summary of the scouting report and the reasons for the Secretary's 
decision.''.

SEC. 205. FAA BUY AMERICA MODERNIZATION.

    Section 50101 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Supplier Scouting.--Before issuing a waiver under subsection 
(b), the Secretary shall--
            ``(1) consult with the National Institute of Standards and 
        Technology; and
            ``(2) begin a supplier scouting process for domestic 
        suppliers that can provide for those compliant products for 
        which a waiver will be sought.
    ``(e) Publication Required.--Upon conclusion of the supplier 
scouting process required under subsection (d)(2) for a particular 
component, material, or subcomponent, the Secretary shall make the 
results of the supplier scouting available to the public.''.

SEC. 206. APPLICATION OF BUY AMERICA REQUIREMENTS TO PROJECTS FINANCED 
              WITH PASSENGER FACILITY CHARGES.

    (a) In General.--Section 50101(a) of title 49, United States Code, 
is amended by inserting ``, and may approve a project under section 
40117,'' before ``only if steel''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to an application submitted pursuant to section 40177(c) of title 
49, United States Code, after the date of enactment of this Act.

SEC. 207. NOTICE AND COMMENT REQUIREMENT FOR WAIVER PETITIONS.

    (a) In General.--The Secretary of Transportation shall require the 
head of a Federal agency, after receiving a request for a waiver of any 
applicable domestic content requirement under title 49, to publish the 
request for a waiver in the Federal Register within 15 days after 
receiving such request.
    (b) Notice and Comment.--A waiver under this section may not be 
issued before the expiration of the 15-day period beginning on the date 
on which the request for waiver is published pursuant to subsection (a) 
to provide the public an opportunity for notice and comment.
    (c) Publication of Waiver.--If the Secretary or head of a Federal 
Agency issues a waiver, the Secretary or head shall publish in the 
Federal Register not later than 15 days after issuing such a waiver a 
detailed justification for the waiver that addresses any public 
comments received under subsection (b).

SEC. 208. DRINKING WATER STATE REVOLVING FUNDS.

    Section 1452(a)(4) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(a)(4)) is amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) In general.--Funds made available from a 
                State drinking water treatment revolving loan fund 
                established under this section may not be used for a 
                project for the construction, alteration, maintenance, 
                or repair of collection, treatment, storage, and 
                distribution facilities, including publicly and 
                privately owned pipes or other constructed conveyances, 
                unless all of the iron and steel products used in the 
                project are produced in the United States.''; and
            (2) by amending subparagraph (D) to read as follows:
                    ``(D) Public notice; written justification.--
                            ``(i) Public notice.--If the Administrator 
                        receives a request for a waiver under this 
                        paragraph, the Administrator shall--
                                    ``(I) make available to the public 
                                on an informal basis, including on the 
                                public website of the Administrator--
                                            ``(aa) a copy of the 
                                        request; and
                                            ``(bb) any information 
                                        available to the Administrator 
                                        regarding the request; and
                                    ``(II) provide notice of, and 
                                opportunity for public comment on, the 
                                request for a period of not less than 
                                15 days before making a finding under 
                                subparagraph (C).
                            ``(ii) Written justification.--If, after 
                        the period provided under clause (i), the 
                        Administrator makes a finding under 
                        subparagraph (C), the Administrator shall 
                        publish in the Federal Register a written 
                        justification as to why subparagraph (A) is 
                        being waived.''.

SEC. 209. RURAL UTILITIES SERVICE BUY AMERICAN MODERNIZATION.

    Section 232 of the Department of Agriculture Reorganization Act of 
1994 (7 U.S.C. 6942) is amended by adding at the end the following new 
subsection:
    ``(d) Domestic Source Requirement for Steel, Iron, and Manufactured 
Goods Used in Rural Utilities Service Supported Projects.--
            ``(1) Buy american required.--Notwithstanding any other 
        provision of law, funds made available under a program carried 
        out by the Secretary through the Rural Utilities Service, 
        including a program specified in subsection (c), may not be 
        used, in whole or in part, for a project utilizing steel, iron, 
        or manufactured goods unless the steel, iron, and manufactured 
        goods are produced in the United States.
            ``(2) Scope.--The requirement specified in paragraph (1) 
        applies to each contract for a project referred to in such 
        paragraph, regardless of the funding source of the contract, if 
        at least one contract for the project is funded with amounts 
        made available under a program referred to in such paragraph.
            ``(3) Waiver authority; conditions.--
                    ``(A) In general.--The Administrator of the Rural 
                Utilities Service may grant a waiver from the 
                requirements of paragraph (1) or (2) for a project 
                referred to in paragraph (1) only if the Administrator 
                finds that--
                            ``(i) applying the requirement in such 
                        paragraph would be inconsistent with the public 
                        interest, as determined in accordance with the 
                        regulations required under subparagraph (B);
                            ``(ii) the steel, iron, or manufactured 
                        goods required for the project are not produced 
                        in the United States--
                                    ``(I) in sufficient and reasonably 
                                available quantities; or
                                    ``(II) to a satisfactory quality; 
                                or
                            ``(iii) the use of steel, iron, and 
                        manufactured goods produced in the United 
                        States for a project will increase the total 
                        cost of the project by more than 25 percent.
                    ``(B) Public interest criteria.--Not later than 1 
                year after the date of enactment of the Buy American 
                Improvement Act of 2017, the Administrator shall issue 
                regulations establishing the criteria that the 
                Administrator shall use to determine whether the 
                application of paragraph (1) or (2) is inconsistent 
                with the public interest for purposes of subparagraph 
                (A)(i).
                    ``(C) Request for waiver.--A recipient of 
                assistance under a program referred to in paragraph (1) 
                seeking a waiver under subparagraph (A) shall submit to 
                the Administrator a request for the waiver in such form 
                and containing such information as the Administrator 
                may require.
                    ``(D) Notice and comment for waiver requests.--
                Within 15 days after the date on which the 
                Administrator receives a request for a waiver under 
                subparagraph (C), the Administrator shall publish in 
                the Federal Register notice of the request for a 
                waiver. The Administrator may not grant the waiver 
                before the expiration of the 15-day period beginning on 
                the date of the publication of the notice to provide 
                the public an opportunity for notice and comment.
                    ``(E) Notice of waivers.--Within 15 days after 
                granting a waiver request under this paragraph, the 
                Administrator shall publish in the Federal Register 
                notice of the waiver, including--
                            ``(i) the justification for the waiver;
                            ``(ii) the Administrator's response to any 
                        public comments received under subparagraph (D) 
                        with respect to the request for that waiver; 
                        and
                            ``(iii) an employment impact analysis of 
                        the cumulative effect of the waiver, together 
                        with all other waivers previously granted under 
                        this paragraph during the preceding 1-year 
                        period, on manufacturing employment in the 
                        United States.
            ``(4) Manufactured goods defined.--In this subsection, the 
        term `manufactured goods' has the meaning given that term 
        pursuant to the regulations required by section 106 of the Buy 
        American Improvement Act of 2017.''.

SEC. 210. COMMUNITY DEVELOPMENT BLOCK GRANT BUY AMERICA MODERNIZATION.

    Section 105 of the Housing and Community Development Act of 1974 
(42 U.S.C. 5305) is amended by adding at the end the following new 
subsection:
    ``(i) Buy America.--
            ``(1) Domestic source requirement for steel, iron, and 
        manufactured goods.--Notwithstanding any other provision of 
        law, funds made available from a grant under section 106 may 
        not be used, in whole or in part, for any project or activity 
        unless all of the steel, iron, and manufactured goods used for 
        the project or activity are produced in the United States.
            ``(2) Scope.--The requirement specified in paragraph (1) 
        shall apply to all contracts for any project or activity 
        carried out in whole or in part with funds made available from 
        a grant under section 106, regardless of the funding source of 
        such contracts, if at least one contract for such project or 
        activity is funded with amounts made available from a grant 
        under section 106.
            ``(3) Waiver authority; conditions.--
                    ``(A) Authority.--The Secretary may grant a waiver 
                from the requirements of paragraph (1) or (2) for a 
                project or activity, but only if the Secretary finds 
                that--
                            ``(i) applying such paragraph would be 
                        inconsistent with the public interest, as 
                        determined in accordance with the regulations 
                        required under subparagraph (B);
                            ``(ii) the steel, iron, or manufactured 
                        goods required for a project or activity are 
                        not produced in the United States--
                                    ``(I) in sufficient and reasonably 
                                available quantities; or
                                    ``(II) to a satisfactory quality; 
                                or
                            ``(iii) the use of steel, iron, and 
                        manufactured goods produced in the United 
                        States for a project or activity will increase 
                        the total cost of the project or activity by 
                        more than 25 percent.
                    ``(B) Public interest criteria.--Not later than 1 
                year after the date of the enactment of this 
                subsection, the Secretary shall issue regulations 
                establishing the criteria that the Secretary shall use 
                to determine whether the application of paragraph (1) 
                or (2) is inconsistent with the public interest for 
                purposes of subparagraph (A)(i).
                    ``(C) Requests for waivers.--A recipient of 
                assistance under section 106 seeking a waiver under 
                subparagraph (A) shall submit to the Secretary a 
                request for the waiver in such form and containing such 
                information as the Secretary may require. The Secretary 
                shall publish the request for a waiver in the Federal 
                Register within 15 days after receiving such request.
                    ``(D) Notice and comment for waiver requests.--The 
                Secretary may not issue a waiver before the expiration 
                of the 15-day period beginning on the date of the 
                publication of the notice to provide the public an 
                opportunity for notice and comment.
                    ``(E) Notice of waivers.--Within 15 days after 
                granting a waiver request under this paragraph, the 
                Secretary shall publish in the Federal Register notice 
                of the waiver, including--
                            ``(i) a detailed justification for the 
                        waiver;
                            ``(ii) the Secretary's response to any 
                        public comments received under subparagraph (D) 
                        with respect to the request for such waiver; 
                        and
                            ``(iii) an employment impact analysis of 
                        the cumulative effect of the waiver, together 
                        with all other waivers previously granted under 
                        this paragraph during the preceding 1-year 
                        period, on manufacturing employment in the 
                        United States.
            ``(4) Manufactured goods defined.--In this subsection, the 
        term `manufactured goods' has the meaning given that term 
        pursuant to the regulations required by section 106 of the Buy 
        American Improvement Act of 2017.''.

SEC. 211. RURAL WATER SUPPLY PROGRAM.

    (a) Buy America Act Requirements.--The Rural Water Supply Act of 
2006 (43 U.S.C. 2401 et seq.) is amended by adding at the end the 
following:

``SEC. 111. BUY AMERICA.

    ``(a) Domestic Source Requirement for Steel, Iron, and Manufactured 
Goods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, funds made available under this title may not be used, in 
        whole or in part, for a project for the construction of 
        treatment works unless the steel, iron, and manufactured goods 
        used for the project are produced in the United States.
            ``(2) Scope.--The requirements of this section apply to all 
        contracts for the construction of projects regardless of the 
        funding source of such contracts, if at least one contract for 
        the construction is funded with amounts made available under 
        this title.
    ``(b) Exceptions.--
            ``(1) Issuance of waivers.--The Secretary may waive the 
        requirements of subsection (a) only if the Secretary finds 
        that--
                    ``(A) applying subsection (a) would be inconsistent 
                with the public interest;
                    ``(B) the steel, iron, or manufactured goods 
                required for a project are not produced in the United 
                States--
                            ``(i) in sufficient and reasonably 
                        available quantities; or
                            ``(ii) to a satisfactory quality; or
                    ``(C) the use of steel, iron, and manufactured 
                goods produced in the United States for a project will 
                increase the total cost of the project by more than 25 
                percent.
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall issue 
        regulations establishing the criteria that the Secretary shall 
        use to determine whether the application of subsection (a) is 
        inconsistent with the public interest for purposes of paragraph 
        (1)(A).
            ``(3) Requests for waivers.--A recipient of assistance 
        under this title seeking a waiver under paragraph (1) shall 
        submit to the Secretary a request for the waiver in such form 
        and containing such information as the Secretary may require.
    ``(c) Notice and Comment for Waiver Petitions.--
            ``(1) The Secretary shall publish the request for a waiver 
        in the Federal Register not later than 15 days after receiving 
        such request.
            ``(2) A waiver may not be issued before the expiration of 
        the 15-day period beginning on the date on which the request 
        for waiver is published pursuant to paragraph (1) to provide 
        the public an opportunity for notice and comment.
            ``(3) If the Secretary issues a waiver, the Secretary shall 
        publish in the Federal Register not later than 15 days after 
        issuing such a waiver--
                    ``(A) a detailed justification for the waiver that 
                addresses any public comments received under subsection 
                (a)(1); and
                    ``(B) provides an employment impact analysis of the 
                cumulative effect of all waivers under subsection (b) 
                issued by the Secretary during the preceding calendar 
                year on manufacturing employment in the United 
                States.''.
    (b) Clerical Amendment.--The table of contents of the Rural Water 
Supply Act of 2006 (43 U.S.C. 2401 et seq.) is amended by adding after 
the item for section 110 the following:

``Sec. 111. Buy America.''.

SEC. 212. ECONOMIC DEVELOPMENT ADMINISTRATION BUY AMERICAN 
              MODERNIZATION.

    (a) In General.--Title VI of the Federal Water Pollution Control 
Act (33 U.S.C. 1381 et seq.) is amended by adding at the end the 
following:

``SEC. 609. BUY AMERICA.

    ``(a) Domestic Source Requirement for Steel, Iron, and Manufactured 
Goods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, funds made available from a State water pollution control 
        revolving fund established under this title grants and loan 
        programs administered by the Economic Development Agency's 
        Public Works and Economic Development Program may not be used, 
        in whole or in part, for a project for the construction of 
        treatment works unless the steel, iron, and manufactured goods 
        used for the project are produced in the United States.
            ``(2) Scope.--The requirements of this section apply to all 
        contracts for the construction of treatment works carried out 
        within the scope of the applicable finding, determination, or 
        decision under section 511(c)(1), regardless of the funding 
        source of such contracts, if at least one contract for the 
        construction is funded with amounts made available to carry out 
        this title.
    ``(b) Exceptions.--
            ``(1) Issuance of waivers.--The Administrator may waive the 
        requirements of subsection (a) only if the Administrator finds 
        that--
                    ``(A) applying subsection (a) would be inconsistent 
                with the public interest, as determined in accordance 
                with the regulations required under paragraph (2);
                    ``(B) the steel, iron, or manufactured goods 
                required for a project are not produced in the United 
                States--
                            ``(i) in sufficient and reasonably 
                        available quantities; or
                            ``(ii) to a satisfactory quality; or
                    ``(C) the use of steel, iron, and manufactured 
                goods produced in the United States for a project will 
                increase the total cost of the project by more than 25 
                percent.
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of this section, the Administrator shall issue 
        regulations establishing the criteria that the Administrator 
        shall use to determine whether the application of subsection 
        (a) is inconsistent with the public interest for purposes of 
        paragraph (1)(A).
            ``(3) Requests for waivers.--A recipient of assistance 
        under this title seeking a waiver under paragraph (1) shall 
        submit to the Administrator a request for the waiver in such 
        form and containing such information as the Administrator may 
        require.
    ``(c) Notice and Comment for Waiver Petitions.--
            ``(1) The Administrator shall publish the request for a 
        waiver in the Federal Register within 15 days after receiving 
        such request.
            ``(2) A waiver may not be issued before the expiration of 
        the 15-day period beginning on the date on which the request 
        for waiver is published pursuant to paragraph (1) to provide 
        the public an opportunity for notice and comment.
            ``(3) If the Administrator issues a waiver, the 
        Administrator shall publish in the Federal Register within 15 
        days of issuing such a waiver--
                    ``(A) a detailed justification for the waiver that 
                addresses any public comments received under subsection 
                (a)(1); and
                    ``(B) provides an employment impact analysis of the 
                cumulative effect of all waivers under subsection (b) 
                issued by the Administrator during the preceding 
                calendar year on manufacturing employment in the United 
                States.''.
    (b) Clerical Amendment.--The table of contents of the Federal Water 
Pollution Control Act (33 U.S.C. 1381 et seq.) is amended by adding 
after the item for section 608 the following:

``Sec. 609. Buy America.''.

SEC. 213. RAIL LOAN AND LOAN GUARANTEE BUY AMERICA REQUIREMENTS.

    Section 502(h)(3) of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 822(h)(3)) is amended--
            (1) in subparagraph (A) by striking ``and'' at the end;
            (2) in subparagraph (B) by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(C) the requirements of section 24405(a) of title 49, 
        United States Code.''.
                                 <all>