SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘21st Century Buy 
American Act’’. 
SEC. 2. INCREASE OF DOMESTIC CONTENT PERCENTAGE 
TO 60 PERCENT. 
Section 8301 of title 41, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(3) SUBSTANTIALLY ALL.—Articles, materials, 
or supplies shall be treated as made substantially all 
from articles, materials, or supplies mined, pro-
duced, or manufactured in the United States, if the 
cost of the domestic components of such articles, 
materials, or supplies exceeds 60 percent of the total 
cost of all components of such articles, materials, or 
supplies.’’. 
SEC. 3. CRITERIA REQUIRED FOR USE OF OVERSEAS EX-
CEPTION. 
Section 8302 of title 41, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c) CRITERIA
FOR USE
OF OVERSEAS EXCEP-
TION.— 
‘‘(1) IN GENERAL.—The exception under sub-
section (a)(2)(A) for articles, materials, or supplies 
to be acquired for use outside the United States may 
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not be used unless one of the following criteria is 
met: 
‘‘(A) The articles, materials, or supplies 
are needed on an urgent basis. 
‘‘(B) The articles, materials, or supplies 
are to be purchased using a local supplier. 
‘‘(C) A cost analysis described in para-
graph (2) demonstrates that the articles, mate-
rials, or supplies to be acquired (if acquired 
from a company manufacturing in the United 
States) would be more than 50 percent more 
expensive for the Federal agency acquiring the 
articles, materials, or supplies. 
‘‘(2) COST ANALYSIS.—In any case in which ar-
ticles, materials, or supplies are to be acquired for 
use outside the United States and are not needed on 
an urgent basis or are not to be purchased using a 
local supplier, before entering into a contract an 
analysis shall be made of the difference in the cost 
of acquiring the articles, materials, or supplies from 
a company manufacturing the articles, materials, or 
supplies in the United States (including the cost of 
shipping) and the cost of acquiring the articles, ma-
terials, or supplies from a company manufacturing 
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the articles, materials, or supplies outside the United 
States (including the cost of shipping).’’. 
SEC. 4. CRITERIA REQUIRED FOR USE OF PUBLIC INTER-
EST EXCEPTION. 
(a) BUY AMERICAN ACT.—Section 8302 of title 41, 
United States Code, as amended by section 3, is further 
amended by adding at the end the following new sub-
section: 
‘‘(d) CRITERIA FOR USE OF PUBLIC INTEREST EX-
CEPTION.—In determining whether a public interest ex-
ception shall be applied under subsection (a), the head of 
a Federal agency shall— 
‘‘(1) consider the short-term and long-term ef-
fects of applying such exception on employment 
within the United States, taking into account infor-
mation provided by entities that manufacture the ar-
ticles, materials, or supplies concerned in the United 
States; and 
‘‘(2) determine that preserving or increasing 
employment within the United States is consistent 
with the public interest.’’. 
(b) FEDERAL TRANSIT ADMINISTRATION FUNDS.— 
Section 5323(j) of title 49, United States Code, is amend-
ed by adding at the end the following new paragraph: 
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‘‘(10) CRITERIA FOR USE OF PUBLIC INTEREST 
WAIVER.—In determining whether a public interest 
waiver shall be issued under paragraph (2)(A), the 
Secretary shall— 
‘‘(A) consider the short-term and long- 
term effects of applying such waiver on employ-
ment within the United States, taking into ac-
count information provided by entities that 
produce the steel, iron, and goods concerned in 
the United States; and 
‘‘(B) determine that preserving or increas-
ing employment within the United States is 
consistent with the public interest.’’. 
(c) FEDERAL HIGHWAY ADMINISTRATION FUNDS.— 
Section 313 of title 23, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(h) CRITERIA FOR USE OF PUBLIC INTEREST FIND-
ING.—In determining whether a public interest finding 
shall be made under subsection (b)(1), the Secretary 
shall— 
‘‘(1) consider the short-term and long-term ef-
fects of making such finding on employment within 
the United States, taking into account information 
provided by entities that produce the materials or 
products concerned in the United States; and 
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‘‘(2) determine that preserving or increasing 
employment within the United States is consistent 
with the public interest.’’. 
(d) AMTRAK FUNDS.—Section 24305(f) of title 49, 
United States Code, is amended by adding at the end the 
following new paragraph: 
‘‘(5) In deciding whether a public interest exemption 
shall be issued under paragraph (4)(A)(i), the Secretary 
shall— 
‘‘(A) consider the short-term and long-term ef-
fects of issuing such exemption on employment with-
in the United States, taking into account informa-
tion provided by entities that manufacture the arti-
cles, material, or supplies concerned in the United 
States; and 
‘‘(B) determine that preserving or increasing 
employment within the United States is consistent 
with the public interest.’’. 
(e) FEDERAL RAILROAD ADMINISTRATION HIGH 
SPEED RAIL PROGRAM FUNDS.—Section 24405(a) of title 
49, United States Code, is amended by adding at the end 
the following new paragraph: 
‘‘(12) In determining whether a public interest waiver 
shall be granted under paragraph (2)(A), the Secretary 
shall— 
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‘‘(A) consider the short-term and long-term ef-
fects of granting such waiver on employment within 
the United States, taking into account information 
provided by entities that produce the steel, iron, or 
goods concerned in the United States; and 
‘‘(B) determine that preserving or increasing 
employment within the United States is consistent 
with the public interest.’’. 
(f) FEDERAL AVIATION ADMINISTRATION FUNDS.— 
Section 50101 of title 49, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(d) CRITERIA
FOR USE
OF PUBLIC INTEREST 
WAIVER.—In determining whether a public interest waiver 
shall be granted under subsection (b)(1), the Secretary 
shall— 
‘‘(1) consider the short-term and long-term ef-
fects of granting such waiver on employment within 
the United States, taking into account information 
provided by entities that produce the steel or goods 
concerned in the United States; and 
‘‘(2) determine that preserving or increasing 
employment within the United States is consistent 
with the public interest.’’. 
(g) WATER POLLUTION PREVENTION AND CONTROL 
GRANTS FOR CONSTRUCTION OF TREATMENT WORKS.— 
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