Senate Bill 401 Summary

• Requires all public works contracts to specify that only products manufactured in the United States may be used or supplied, expanding beyond previous steel and foundry product requirements to cover all products.

• Establishes three exceptions allowing agency heads to waive the U.S. manufacturing requirement with written determination: when application is inconsistent with public interest, when the product is unavailable in sufficient quantity or quality in the U.S., or when requiring U.S. manufacture increases project costs by more than 25%.

• Mandates public notice and comment period (ending 15 days after notice publication) before any waiver determination becomes effective, with agencies required to consider all public comments.

• Creates parallel purchasing rules for state and local government supply purchases, applying the same U.S. manufacturing requirements and exemption procedures to public purchasing by governmental bodies.

• Makes persons ineligible for public contracts if courts or federal/state agencies determine they intentionally labeled or misrepresented non-U.S. manufactured products as "Made in America" or domestically produced.