[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.
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IN THE HOUSE OF REPRESENTATIVES
September 5, 2003
Ms. Kilpatrick introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
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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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