laws and covering with respect to that agency the elements set forth in subsection (b). (d) Guidance Not later than 60 days after the date of the enactment of this Act, the Secretary of Commerce and the Director of the Office of Management and Budget, in consultation with the Secretary of State, the Secretary of Labor, the United States Trade Representative, and the Federal Acquisition Regulatory Council, shall issue guidance to executive agencies regarding how to make the required waiver assessments and develop the policies required under this section. 5. Assessment of impact of free trade agreements Not later than 150 days after the date of the enactment of this Act, the Secretary of Commerce and the United States Trade Representative shall assess the impacts of all United States free trade agreements and the World Trade Organization Agreement on Government Procurement on the operation of Buy American Laws, including their impacts on the implementation of domestic procurement preferences. 6. Judicious use of waivers (a) In general To the extent permitted by law, public interest waivers from Buy American Laws shall be construed to ensure the maximum utilization of goods, products, and materials produced in the United States. (b) Public interest waiver determinations To the extent permitted by law, determination of public interest waivers shall be made by the head of the agency with the authority over the Federal financial assistance award or Federal procurement under consideration. (c) Consideration of dumping and subsidies To the extent permitted by law, before granting a public interest waiver, the head of an executive agency shall take appropriate account of whether a significant portion of the cost advantage of a foreign-sourced product is the result of the use of dumped steel, iron, or manufactured goods, the use of subsidized steel, iron, or manufactured goods, or the use of steel, iron, or manufactured goods that have entered the United States in violation of United States customs laws and shall, as