S.Amdt. 1647Senate112th Congress (2011-2013)

S.Amdt. 1647

What it does: Adds SEC. __. BUY AMERICA WAIVER REQUIREMENTS wherever appropriate
Submitted February 15, 2012

What it changes

1 change to S. 1813

Adds a section
  1. Adds SEC. __. BUY AMERICA WAIVER REQUIREMENTS wherever appropriate

    Adds a section

    Inserted: SEC. __. BUY AMERICA WAIVER REQUIREMENTS.

    Inserted: (a) Notice and Comment Opportunities.--

    Inserted: (1) In general.--If the Secretary receives a request for a waiver under section 313(b) of title 23, United States Code, section 5323(j)(2) of title 49, United States Code, or section 24305(f)(4), 24405(a)(2), or 50101(b) of such title, the Secretary shall provide notice of, and an opportunity for public comment on, the request not later than 30 days before making a finding based on such request.

    Inserted: (2) Notice requirements.--Each notice provided under paragraph (1)--

    Inserted: (A) shall include the information available to the Secretary concerning the request, including the requestor's justification for such request; and

    Inserted: (B) shall be provided electronically, including on the official public Internet website of the Department.

    Inserted: (b) Publication of Detailed Justification.--If the Secretary issues a waiver pursuant to the authority granted under a provision referenced in subsection (a)(1), the Secretary shall publish, in the Federal Register, a detailed justification for the waiver that--

    Inserted: (1) addresses the public comments received under subsection (a)(1); and

    Inserted: (2) is published before the waiver takes effect.

    Inserted: (c) Buy America Reporting.--Not later than February 1, 2013, and annually thereafter, the Secretary shall submit a report to Congress that--

    Inserted: (1) specifies each highway, public transportation, or railroad project for which the Secretary issued a waiver from a Buy America requirement pursuant to the authority granted under a provision referenced in subsection (a)(1) during the preceding calendar year;

    Inserted: (2) identifies the country of origin and product specifications for the steel, iron, or manufactured goods acquired pursuant to each of the waivers specified under paragraph (1); and

    Show 3 more inserted paragraphs

    Inserted: (3) provides an employment impact analysis of the cumulative effect on manufacturing employment in the United States of all waivers for highway, public transportation, or railroad projects from a Buy America requirement issued by the Secretary during the preceding calendar year.

    Inserted: (d) Consistency With International Agreements.--This section shall be applied in a manner that is consistent with United States obligations under relevant international agreements.

    Inserted: (e) Review of Nationwide Waivers.--Not later than 1 year after the date of the enactment of this Act, and at least once every 5 years thereafter, the Secretary shall review each standing nationwide waiver issued pursuant to the authority granted under any of the provisions referenced in subsection (a)(1) to determine whether continuing such waiver is necessary.

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 1647. Mr. BROWN of Ohio submitted an amendment intended to be proposed by him to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. BUY AMERICA WAIVER REQUIREMENTS.

(a) Notice and Comment Opportunities.--

(1) In general.--If the Secretary receives a request for a waiver under section 313(b) of title 23, United States Code, section 5323(j)(2) of title 49, United States Code, or section 24305(f)(4), 24405(a)(2), or 50101(b) of such title, the Secretary shall provide notice of, and an opportunity for public comment on, the request not later than 30 days before making a finding based on such request.

(2) Notice requirements.--Each notice provided under paragraph (1)--

(A) shall include the information available to the Secretary concerning the request, including the requestor's justification for such request; and

(B) shall be provided electronically, including on the official public Internet website of the Department.

(b) Publication of Detailed Justification.--If the Secretary issues a waiver pursuant to the authority granted under a provision referenced in subsection (a)(1), the Secretary shall publish, in the Federal Register, a detailed justification for the waiver that--

(1) addresses the public comments received under subsection (a)(1); and

(2) is published before the waiver takes effect.

(c) Buy America Reporting.--Not later than February 1, 2013, and annually thereafter, the Secretary shall submit a report to Congress that--

(1) specifies each highway, public transportation, or railroad project for which the Secretary issued a waiver from a Buy America requirement pursuant to the authority granted under a provision referenced in subsection (a)(1) during the preceding calendar year;

(2) identifies the country of origin and product specifications for the steel, iron, or manufactured goods acquired pursuant to each of the waivers specified under paragraph (1); and

(3) provides an employment impact analysis of the cumulative effect on manufacturing employment in the United States of all waivers for highway, public transportation, or railroad projects from a Buy America requirement issued by the Secretary during the preceding calendar year.

(d) Consistency With International Agreements.--This section shall be applied in a manner that is consistent with United States obligations under relevant international agreements.

(e) Review of Nationwide Waivers.--Not later than 1 year after the date of the enactment of this Act, and at least once every 5 years thereafter, the Secretary shall review each standing nationwide waiver issued pursuant to the authority granted under any of the provisions referenced in subsection (a)(1) to determine whether continuing such waiver is necessary.

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Senate amendment submitted

February 15, 2012