I 
114TH CONGRESS 
1ST SESSION H. R. 2451 
To amend title 23 and title 49, United States Code, to strengthen domestic 
content standards, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 19, 2015 
Mr. LIPINSKI (for himself, Mr. JOYCE, Mr. HIGGINS, Mrs. LAWRENCE, Mrs. 
BUSTOS, Mr. POCAN, Ms. NORTON, and Mrs. DINGELL) introduced the 
following bill; which was referred to the Committee on Transportation 
and Infrastructure 
A BILL 
To amend title 23 and title 49, United States Code, to 
strengthen domestic content standards, 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. 
This Act may be cited as the ‘‘Buy America Update 
Act’’. 
SEC. 2. FHWA DOMESTIC CONTENT STANDARDS IMPROVE-
MENT. 
(a) CMAQ LOOPHOLE.—Section 313(b) of title 23, 
United States Code, is amended— 
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(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: 
‘‘(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. 3. COMPONENT REQUIREMENTS AND VERIFICATION. 
(a) AUDITING
AND CERTIFICATION MODERNIZA-
TION.— 
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(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 agency to review offeror and 
recipient compliance with domestic content pro-
visions; 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-
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 
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(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. 4. RAIL BUY AMERICA MODERNIZATION. 
Section 24305(f) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(5) Before seeking a waiver request under para-
graph (4), Amtrak shall contract with the National Insti-
tute of Standards and Technology to conduct a supplier 
scouting process for domestic suppliers that can provide 
the compliant products for which a waiver will be sought. 
Upon conclusion of the supplier scouting process for a par-
ticular component, material, or subcomponent, Amtrak 
shall submit to the Secretary a scouting report along with 
the waiver request. The Secretary shall consider the re-
sults of the supplier scouting before making a decision on 
Amtrak’s waiver. If the Secretary decides to grant the 
waiver, the Secretary shall publish in the Federal Register 
a summary of the Scouting report and the reasons for the 
Secretary’s decision.’’. 
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SEC. 5. 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 make the results of the supplier scout-
ing available to the public.’’. 
SEC. 6. APPLICATION OF BUY AMERICA REQUIREMENTS TO 
PROJECTS FINANCED WITH PASSENGER FA-
CILITY 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 (b) shall apply to an application submitted pursu-
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ant to section 40177(c) of title 49, United States Code, 
after the date of enactment of this Act. 
Æ 
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