[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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