I 
115TH CONGRESS 
1ST SESSION 
H. R. 904 
To amend chapter 83 of title 41, United States Code, to increase the require-
ment 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. MI-
CHAEL 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 Re-
form, and in addition to the Committees on Financial Services, Transpor-
tation and Infrastructure, Energy and Commerce, Agriculture, Natural 
Resources, and Homeland Security, for a period to be subsequently deter-
mined 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 Representa-
tives 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’’. 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
(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 Fed-
eral Acquisition Regulatory Council, shall promulgate reg-
ulations 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 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
American Act). The regulations shall include, at a min-
imum, the following: 
(1) Guidelines for Federal agencies to deter-
mine, 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 inter-
est. 
(2) Uniform procedures for each Federal agen-
cy to make publicly available, in an easily identifi-
able location on the website of the agency, and with-
in the following time periods, the following informa-
tion: 
(A) A description of the circumstances in 
which the head of the agency may waive the re-
quirements of chapter 83 of such title. 
(B) Each waiver made by the head of the 
agency within 30 days after making such waiv-
er, 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. 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
(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 ‘‘manu-
factured end product’’, the Administrator shall consider 
previous judicial rulings on the question of— 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
(1) whether the product is completed in the 
final form required for use by the Federal Govern-
ment; 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 MATE-
RIALS 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-DO-
MESTIC OFFERS.— 
‘‘(A) EXCLUSION OF START-UP COSTS IN 
CALCULATING
COST
OF
OFFER.—When com-
paring offers between domestic entities and 
non-domestic entities, costs related to the start- 
up of a project shall be excluded from a domes-
tic offer. 
‘‘(B) UNREASONABLE
COST
DETERMINA-
TION.— 
‘‘(i) IN
GENERAL.—The head of a 
Federal agency may not determine the cost 
of acquiring articles, materials, or supplies 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
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 en-
actment of the Buy American Improve-
ment Act of 2017, nothing in this subpara-
graph 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, mate-
rials, 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 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
acquired for use outside the United States and 
are not needed on an urgent basis or are ac-
quired on a regular basis, before entering into 
a contract, an analysis shall be made of the dif-
ference in the cost of acquiring such articles, 
materials, or supplies from a company mining, 
producing, or manufacturing the articles, mate-
rials, or supplies in the United States (includ-
ing the cost of shipping) and the cost of acquir-
ing 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 manu-
factured in the United States in sufficient and rea-
sonably available commercial quantities and of a sat-
isfactory quality under subsection (a)(1), unless the 
head of the agency first determines that— 
‘‘(A) domestic production cannot be initi-
ated without significantly delaying the project 
for which the article, material, or supply is to 
be acquired; and 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(B) a substitutable article, material, or 
supply is not mined, produced, or manufactured 
in the United States in sufficient and reason-
ably 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 arti-
cles, materials, or supplies acquired from entities 
that mine, produce, or manufacture the articles, ma-
terials, or supplies outside the United States. 
‘‘(2) ADDITIONAL CONTENT.—Each report re-
quired under paragraph (1) shall separately include, 
for the fiscal year covered by the report— 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(A) the dollar value of any articles, mate-
rials, 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, ma-
terials, or supplies and the country where such 
articles, materials, or supplies were mined, pro-
duced, or manufactured; 
‘‘(C) if any articles, materials, or supplies 
were acquired from entities that mine, produce, 
or manufacture such articles, materials, or sup-
plies outside the United States due to an excep-
tion (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 sup-
plies 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 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
tions made by an agency, or component of an agen-
cy, 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 fol-
lowing: 
‘‘(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 ‘substan-
tially all’, with respect to articles, materials, or sup-
plies 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 compo-
nents 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): 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(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, ma-
terial, 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 inde-
pendent 
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 insert-
ing ‘‘their acquisition to be inconsistent 
with the public interest, their cost to be 
unreasonable, or that the articles, mate-
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
rials, 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 pro-
curement memorandum of understanding (as 
described in section 8304), or a trade agree-
ment or least developed country designation de-
scribed in subpart 25.400 of the Federal Acqui-
sition Regulation; and’’; and 
(2) in section 8303— 
(A) in subsection (b)— 
(i) by striking ‘‘department or inde-
pendent establishment’’ each place it ap-
pears and inserting ‘‘Federal agency’’; 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
(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 pro-
curement memorandum of understanding (as 
described in section 8304), or a trade agree-
ment or least developed country designation de-
scribed in subpart 25.400 of the Federal Acqui-
sition Regulation; and’’; and 
(iii) in paragraph (3)— 
(I) in the heading, by striking 
‘‘INCONSISTENT WITH PUBLIC INTER-
EST’’ and inserting ‘‘WAIVER
AU-
THORITY’’; and 
(II) by striking ‘‘their purchase 
to be inconsistent with the public in-
terest or their cost to be unreason-
able’’ and inserting ‘‘their acquisition 
to be inconsistent with the public in-
terest, their cost to be unreasonable, 
or that the articles, materials, or sup-
plies of the class or kind to be used, 
or the articles, materials, or supplies 
from which they are manufactured, 
are not mined, produced, or manufac-
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
tured in the United States in suffi-
cient and reasonably available com-
mercial quantities and of a satisfac-
tory quality’’; and 
(B) in subsection (c), by striking ‘‘depart-
ment, bureau, agency, or independent establish-
ment’’ each place it appears and inserting 
‘‘Federal agency’’. 
(e) EXCLUSION FROM INFLATION ADJUSTMENT OF 
ACQUISITION-RELATED
DOLLAR
THRESHOLDS.—Sub-
paragraph (A) of section 1908(b)(2) of title 41, United 
States Code, is amended by striking ‘‘chapter 67’’ and in-
serting ‘‘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, ma-
terials, 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 ex-
pended on articles, materials, and supplies mined, 
produced, or manufactured— 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
(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, pro-
duced, or manufactured such articles, ma-
terials, 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 Re-
covery 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: 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(E) materials and supplies used in the 
construction of border protection barriers and 
roads constructed under section 102 of the Ille-
gal 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 INTER-
NATIONAL 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: 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
(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, ma-
terial, 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 re-
port to the Committee on Transportation and Infrastruc-
ture 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 con-
tent granted by the Department within that fiscal 
year and provides the justification for each waiver; 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
(2) identifies the country of origin and product 
specifications for goods used in construction pursu-
ant 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 MODERNIZA-
TION.— 
(1) Not later than 6 months after the date of 
enactment of this Act, the Secretary of Transpor-
tation shall— 
(A) initiate a rulemaking to develop audit 
procedures for the Federal Transit Administra-
tion 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 sec-
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
tion 5323(m) of such title to support certifi-
cation of compliance; 
(B) proper and sufficient documentation 
requests from bidders by recipients under sec-
tion 5323(m) of such title to support pre-award 
and post-delivery audits; 
(C) determining the timing and require-
ments for post-delivery audit; and 
(D) verifying the origin of supplier compo-
nents and subcomponents. 
(b) COMPONENT
GUIDANCE.—Not later than 6 
months after the date of enactment of this Act, the Sec-
retary shall initiate a rulemaking to further develop stand-
ards under section 5323(j) of title 49, United States Code, 
for measuring the percentage value of a component rel-
ative to the entire procurement. 
SEC. 203. FHWA DOMESTIC CONTENT STANDARDS IM-
PROVEMENT. 
(a) CMAQ LOOPHOLE.—Section 313(b) of title 23, 
United States Code, is amended— 
(1) by redesignating paragraph (3) as para-
graph (4); 
(2) in paragraph (2) by striking ‘‘or’’; and 
(3) by inserting after paragraph (2) the fol-
lowing: 
VerDate Sep 11 2014 
22:23 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(3) that when procuring rolling stock under 
this chapter— 
‘‘(A) the cost of components and sub-
components produced in the United States is 
more than 60 percent of the cost of all compo-
nents 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 sec-
tion 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 para-
graph (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 sup-
plies for which an exemption will be sought. Upon conclu-
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
sion of the supplier scouting process for a particular arti-
cle, material, or supply, Amtrak shall submit to the Sec-
retary a scouting report along with the exemption applica-
tion. The Secretary shall consider the results of the sup-
plier scouting process before making a decision on Am-
trak’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 do-
mestic 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 subcompo-
nent, the Secretary shall make the results of the supplier 
scouting available to the public.’’. 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
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 sub-
section (a) shall apply to an application submitted pursu-
ant 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 receiv-
ing 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 pro-
vide 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 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
or head shall publish in the Federal Register not later 
than 15 days after issuing such a waiver a detailed jus-
tification for the waiver that addresses any public com-
ments 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 revolv-
ing loan fund established under this section 
may not be used for a project for the construc-
tion, alteration, maintenance, or repair of col-
lection, treatment, storage, and distribution fa-
cilities, 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
JUS-
TIFICATION.— 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(i) PUBLIC NOTICE.—If the Adminis-
trator 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 avail-
able to the Administrator regard-
ing the request; and 
‘‘(II) provide notice of, and op-
portunity 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.’’. 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 209. RURAL UTILITIES SERVICE BUY AMERICAN MOD-
ERNIZATION. 
Section 232 of the Department of Agriculture Reor-
ganization 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.—Notwith-
standing any other provision of law, funds made 
available under a program carried out by the Sec-
retary 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 con-
tract for the project is funded with amounts made 
available under a program referred to in such para-
graph. 
‘‘(3) WAIVER AUTHORITY; CONDITIONS.— 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(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 accord-
ance with the regulations required under 
subparagraph (B); 
‘‘(ii) the steel, iron, or manufactured 
goods required for the project are not pro-
duced 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 manu-
factured goods produced in the United 
States for a project will increase the total 
cost of the project by more than 25 per-
cent. 
‘‘(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 estab-
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
lishing 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 subpara-
graph (A) shall submit to the Administrator a 
request for the waiver in such form and con-
taining 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 Adminis-
trator shall publish in the Federal Register no-
tice of the request for a waiver. The Adminis-
trator may not grant the waiver before the expi-
ration of the 15-day period beginning on the 
date of the publication of the notice to provide 
the public an opportunity for notice and com-
ment. 
‘‘(E) NOTICE
OF
WAIVERS.—Within 15 
days after granting a waiver request under this 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
paragraph, the Administrator shall publish in 
the Federal Register notice of the waiver, in-
cluding— 
‘‘(i) the justification for the waiver; 
‘‘(ii) the Administrator’s response to 
any public comments received under sub-
paragraph (D) with respect to the request 
for that waiver; and 
‘‘(iii) an employment impact analysis 
of the cumulative effect of the waiver, to-
gether 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 regula-
tions 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 Develop-
ment Act of 1974 (42 U.S.C. 5305) is amended by adding 
at the end the following new subsection: 
‘‘(i) BUY AMERICA.— 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(1) DOMESTIC
SOURCE
REQUIREMENT
FOR 
STEEL, IRON, AND MANUFACTURED GOODS.—Not-
withstanding 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 sec-
tion 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 para-
graph (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 de-
termined in accordance with the regula-
tions required under subparagraph (B); 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(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 manu-
factured 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 enact-
ment 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 incon-
sistent with the public interest for purposes of 
subparagraph (A)(i). 
‘‘(C) REQUESTS FOR WAIVERS.—A recipi-
ent 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 pub-
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
lish the request for a waiver in the Federal 
Register within 15 days after receiving such re-
quest. 
‘‘(D) NOTICE AND COMMENT FOR WAIVER 
REQUESTS.—The Secretary may not issue a 
waiver before the expiration of the 15-day pe-
riod 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, includ-
ing— 
‘‘(i) a detailed justification for the 
waiver; 
‘‘(ii) the Secretary’s response to any 
public comments received under subpara-
graph (D) with respect to the request for 
such waiver; and 
‘‘(iii) an employment impact analysis 
of the cumulative effect of the waiver, to-
gether with all other waivers previously 
granted under this paragraph during the 
VerDate Sep 11 2014 
22:23 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS
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 regula-
tions 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 un-
less 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 fund-
ed with amounts made available under this title. 
VerDate Sep 11 2014 
00:30 Feb 15, 2017
Jkt 069200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H904.IH
H904
SSpencer on DSK4SPTVN1PROD with BILLS