I 

112TH CONGRESS 

1ST SESSION H. R. 3645 

To require consideration of the impacts of a public interest waiver from 

the Buy America requirement on domestic manufacturing employment 

for certain transportation provisions. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 13, 2011 

Ms. SUTTON (for herself, Mr. LIPINSKI, Mr. JONES, Mr. HASTINGS of Florida, Mr. ANDREWS, Ms. KAPTUR, Mr. RYAN of Ohio, Mr. COURTNEY, Mr. 

YARMUTH, Mr. MURPHY of Connecticut, Mr. HOLDEN, Mr. CRITZ, and 

Mr. GENE GREEN of Texas) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To require consideration of the impacts of a public interest 

waiver from the Buy America requirement on domestic 

manufacturing employment for certain transportation 

provisions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Jobs Preser5 vation Act’’. 


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1 SEC. 2. HIGHWAYS. 

2 Section 313 of title 23, United States Code, is 

3 amended— 

4 (1) by redesignating subsections (c) through (f) 

5 as subsections (d) through (g), respectively; 

6 (2) by inserting after subsection (b) the fol7 lowing: 

8 ‘‘(c) REQUIREMENTS FOR ISSUANCE OF PUBLIC IN9 TEREST WAIVER.—The Secretary may issue a waiver 

10 based on a finding under subsection (b)(1) only after the 

11 Secretary has considered the potential impacts of the 

12 waiver on domestic manufacturing employment. The Sec13 retary shall include a statement detailing the short and 

14 long-term impact of the finding on domestic manufac15 turing employment.’’. 

16 SEC. 3. TRANSIT. 

17 Section 5323(j) of title 49, United States Code, is 

18 amended— 

19 (1) by redesignating paragraphs (3) through 

20 (9) as paragraphs (4) through (10), respectively; 

21 and 

22 (2) by inserting after paragraph (2) the fol23 lowing: 

24 ‘‘(3) REQUIREMENTS FOR ISSUANCE OF PUBLIC IN25 TEREST WAIVER.—The Secretary may issue a waiver 

26 based on a finding under paragraph (2)(A) only after the 


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1 Secretary has considered the potential impacts of the 

2 waiver on domestic manufacturing employment. The Sec3 retary shall include a statement detailing the short and 

4 long-term impact of the finding on domestic manufac5 turing employment.’’. 

6 SEC. 4. AVIATION. 

7 Section 50101 of title 49, United States Code, is 

8 amended— 

9 (1) by redesignating subsection (c) as sub10 section (d); 

11 (2) by inserting after subsection (b) the fol12 lowing: 

13 ‘‘(c) REQUIREMENTS FOR ISSUANCE OF PUBLIC IN14 TEREST WAIVER.—The Secretary may issue a waiver 

15 based on a finding under subsection (b)(1) only after the 

16 Secretary has considered the potential impacts of the 

17 waiver on domestic manufacturing employment. The Sec18 retary shall include a statement detailing the short and 

19 long-term impact of the finding on domestic manufac20 turing employment.’’. 

21 SEC. 5. RAIL. 

22 Section 24405(a) of title 49, United States Code, is 

23 amended— 


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1 (1) by redesignating paragraphs (3) through 

2 (11) as paragraphs (4) through (12), respectively; 

3 and 

4 (2) by inserting after paragraph (2) the fol5 lowing: 

6 ‘‘(3) REQUIREMENTS FOR ISSUANCE OF PUBLIC IN7 TEREST WAIVER.—The Secretary may issue a waiver 

8 based on a finding under paragraph (2)(A) only after the 

9 Secretary has considered the potential impacts of the 

10 waiver on domestic manufacturing employment. The Sec11 retary shall include a statement detailing the short and 

12 long-term impact of the finding on domestic manufac13 turing employment.’’. 

14 SEC. 6. AMTRAK. 

15 Section 24305(f) of title 49 United States Code, is 

16 amended by adding at the end the following new para17 graph: 

18 ‘‘(5) REQUIREMENTS FOR ISSUANCE OF PUBLIC IN19 TEREST WAIVER.—The Secretary may issue a waiver 

20 based on a finding under paragraph (4)(A)(i) only after 

21 the Secretary has considered the potential impacts of the 

22 waiver on domestic manufacturing employment. The Sec23 retary shall include a statement detailing the short and 


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1 long-term impact of the finding on domestic manufac2 turing employment.’’. 

Æ 


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