II 

Calendar No. 586 

117TH CONGRESS 

2D SESSION S. 732 

[Report No. 117–227] 

To strengthen Buy American requirements, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 11, 2021 

Mr. PORTMAN (for himself, Mr. MURPHY, Mr. GRAHAM, Mr. BROWN, and Ms. 

STABENOW) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

DECEMBER 5, 2022 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To strengthen Buy American requirements, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘BuyAmerican.gov Act 

5 of 2021’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) BUY AMERICAN LAW.—The term ‘‘Buy 

4 American law’’ means any law, regulation, Executive 

5 order, or rule relating to Federal contracts, grants, 

6 or financial assistance that requires or provides a 

7 preference for the purchase or use of goods, prod8 ucts, or materials mined, produced, or manufactured 

9 in the United States, including— 

10 (A) chapter 83 of title 41, United States 

11 Code (commonly referred to as the ‘‘Buy Amer12 ican Act’’); 

13 (B) section 5323(j) of title 49, United 

14 States Code; 

15 (C) section 313 of title 23, United States 

16 Code; 

17 (D) section 50101 of title 49, United 

18 States Code; 

19 (E) section 24405 of title 49, United 

20 States Code; 

21 (F) section 608 of the Federal Water Pol22 lution Control Act (33 U.S.C. 1388); 

23 (G) section 1452(a)(4) of the Safe Drink24 ing Water Act (42 U.S.C. 300j–12(a)(4)); 


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1 (H) section 5035 of the Water Resources 

2 Reform and Development Act of 2014 (33 

3 U.S.C. 3914); 

4 (I) section 2533a of title 10, United States 

5 Code (commonly referred to as the ‘‘Berry 

6 Amendment’’); 

7 (J) section 2533b of title 10, United 

8 States Code; and 

9 (K) section 604 of the American Recovery 

10 and Reinvestment Act of 2009 (6 U.S.C. 453b). 

11 (2) EXECUTIVE AGENCY.—The term ‘‘executive 

12 agency’’ has the meaning given the term in section 

13 133 of title 41, United States Code. 

14 SEC. 3. SENSE OF CONGRESS ON BUYING AMERICAN. 

15 It is the sense of Congress that— 

16 (1) every executive agency should maximize, 

17 through terms and conditions of Federal financial 

18 assistance awards and Federal procurements, the 

19 use of goods, products, and materials produced in 

20 the United States and contracts for outsourced gov21 ernment service contracts to be performed by United 

22 States nationals; 

23 (2) every executive agency should scrupulously 

24 monitor, enforce, and comply with Buy American 


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1 Laws, to the extent they apply, and minimize the 

2 use of waivers; and 

3 (3) every executive agency should implement 

4 processes to routinely audit its compliance with Buy 

5 American laws using data from the Federal Procure6 ment Data System–Next Generation. 

7 SEC. 4. REPORT ON BUY AMERICAN COMPLIANCE EF8 FORTS. 

9 (a) IN GENERAL.—Not later than 180 days after the 

10 date of the enactment of this Act, and annually thereafter 

11 for two years, the Secretary of Commerce, in consultation 

12 with the Director of the Office of Management and Budg13 et, the United States Trade Representative, the Secretary 

14 of State, and the heads of other executive agencies, shall 

15 submit to Congress and the President a report on the im16 plementation of, and compliance with, Buy American laws. 

17 (b) ELEMENTS.—The report required under sub18 section (a) shall include the following elements: 

19 (1) An assessment of the monitoring of, en20 forcement of, implementation of, and compliance 

21 with Buy American Laws within each executive 

22 agency. 

23 (2) A listing of each waiver and exception used 

24 by an executive agency and an assessment of waivers 


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1 by type and impact on domestic jobs and manufac2 turing. 

3 (3) Recommendations for policies for executive 

4 agencies to ensure that, to the extent permitted by 

5 law, Federal financial assistance awards and Federal 

6 contacts maximize the use of goods, products, and 

7 materials mined, produced, and manufactured in the 

8 United States, including manufactured products, 

9 components of manufactured products, and mate10 rials such as steel, iron, aluminum, and cement and 

11 services. 

12 (c) AGENCY REPORTS.—Not later than 180 days 

13 after the date of the enactment of this Act, and annually 

14 thereafter for two years, the head of each executive agency 

15 shall submit to the Secretary of Commerce and the Direc16 tor of the Office of Management and Budget a report on 

17 the implementation of, and compliance with, Buy Amer18 ican laws and covering with respect to that agency the ele19 ments set forth in subsection (b). 

20 (d) GUIDANCE.—The head of each executive agency 

21 shall review the guidance issued to executive agencies in 

22 accordance with Executive Order 13788 regarding assess23 ment of waivers and policies addressing Buy American 

24 laws and, as necessary, issue additional guidance. 


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1 SEC. 5. ASSESSMENT OF IMPACT OF FREE TRADE AGREE2 MENTS. 

3 Not later than 150 days after the date of the enact4 ment of this Act, the Secretary of Commerce and the 

5 United States Trade Representative shall assess the im6 pacts in a publicly available report of all United States 

7 free trade agreements and the World Trade Organization 

8 Agreement on Government Procurement on the operation 

9 of Buy American Laws, including their impacts on the im10 plementation of domestic procurement preferences. 

11 SEC. 6. JUDICIOUS USE OF WAIVERS. 

12 (a) IN GENERAL.—To the extent permitted by law, 

13 public interest waivers from Buy American Laws shall be 

14 construed to ensure the maximum utilization of goods, 

15 products, and materials produced in the United States. 

16 (b) PUBLIC INTEREST WAIVER DETERMINATIONS.— 

17 To the extent permitted by law, determination of public 

18 interest waivers shall be made by the head of the agency 

19 with the authority over the Federal financial assistance 

20 award or Federal procurement under consideration. 

21 SEC. 7. ESTABLISHMENT OF BUYAMERICAN.GOV WEBSITE. 

22 Not later than one year after the date of the enact23 ment of this Act, the Administrator of General Services 

24 shall establish an internet website with the address 

25 BuyAmerican.gov that will be publicly available and free 

26 to access. The website shall include information on all 


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1 waivers of and exceptions to Buy American laws that have 

2 been requested, are under consideration, or have been 

3 granted by executive agencies and be designed to enable 

4 manufacturers and other interested parties to easily iden5 tify waivers. The website shall also include the results of 

6 routine audits of the Federal Procurement Data System– 

7 Next Generation to determine data errors and Buy Amer8 ican law violations after the award of a contract. The 

9 website shall provide publicly available contact information 

10 for the contracting agencies. 

11 SEC. 8. WAIVER TRANSPARENCY AND STREAMLINING FOR 

12 GRANTS. 

13 (a) COLLECTION OF INFORMATION.—The President, 

14 in consultation with the heads of relevant agencies, shall 

15 develop a mechanism to collect information on requests to 

16 waive Buy American laws and other domestic content re17 strictions, utilizing existing reporting requirements when18 ever possible, for purposes of providing early notice to pos19 sible waivers via the website established under subsection 

20 (a). The heads of executive agencies shall report to the 

21 Administrator as quickly as possible waivers requested or 

22 under consideration and waivers granted due to the non23 availability of procured items or service providers for pur24 poses of posting such information on the website estab25 lished under such subsection. 


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1 (b) WAIVER TRANSPARENCY AND STREAMLINING.— 

2 Not less than 20 days prior to waiving, under his or her 

3 statutory authority, any applicable Buy American law, the 

4 head of an executive agency shall submit to the Adminis5 trator of General Services a notice of the agency’s inten6 tion to waive the Buy American law. Not later than 5 days 

7 after receiving this information from the head of an execu8 tive agency, the Administrator of General Services shall 

9 make available to the public, by posting on the website 

10 established under section 7, a copy of the information pro11 vided pursuant to subsection (a), and shall allow for infor12 mal public comment on the request for at least 15 days 

13 prior to making a finding based on the request. 

14 (c) INFORMATION AVAILABLE TO THE EXECUTIVE

15 AGENCY CONCERNING THE REQUEST.— 

16 (1) REQUIREMENT.—No requested waiver of an 

17 applicable Buy American Law may be granted if, in 

18 contravention of subsection (b)— 

19 (A) information about the waiver was not 

20 made available on the website under section 7; 

21 or 

22 (B) no opportunity for public comment 

23 concerning the request was granted. 

24 (2) SCOPE.—Information made available to the 

25 public concerning the request included on the 


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1 website described in section 7 shall properly and 

2 adequately document and justify the statutory basis 

3 cited for the requested waiver. Such information 

4 shall include— 

5 (A) a detailed justification for the use of 

6 goods, products, or materials mined, produced, 

7 or manufactured outside the United States; 

8 (B) for requests citing unreasonable cost 

9 as the statutory basis of the waiver, a compari10 son of the cost of the domestic product to the 

11 cost of the foreign product or a comparison of 

12 the overall cost of the project with domestic 

13 products to the overall cost of the project with 

14 foreign-origin products or services, pursuant to 

15 the requirements of the applicable Buy Amer16 ican law, except that publicly available cost 

17 comparison data may be provided in lieu of pro18 prietary pricing information; 

19 (C) for requests citing the public interest 

20 as the statutory basis for the waiver, a detailed 

21 written statement, which shall include all appro22 priate factors, such as potential obligations 

23 under international agreements, justifying why 

24 the requested waiver is in the public interest; 

25 and 


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1 (D) a certification that the procurement 

2 official or assistance recipient made a good 

3 faith effort to solicit bids for domestic products 

4 supported by terms included in requests for 

5 proposals, contracts, and nonproprietary com6 munications with the prime contractor. 

7 (d) NONAVAILABILITY WAIVERS.— 

8 (1) IN GENERAL.—Except as provided under 

9 paragraph (2), for a request citing nonavailability as 

10 the statutory basis for a waiver, an executive agency 

11 shall provide an explanation of the procurement offi12 cial’s efforts to procure a product from a domestic 

13 source and the reasons why a domestic product was 

14 not suitable. Those explanations shall be made avail15 able on BuyAmerican.gov prior to the issuance of 

16 the waiver, and the agency shall consider public 

17 comments regarding the availability of the product 

18 before making a final determination. 

19 (2) EXCEPTION.—An explanation under para20 graph (1) is not required for a product the nonavail21 ability of which is established by law or regulation. 

22 SEC. 9. WAIVER TRANSPARENCY AND STREAMLINING FOR 

23 PROCUREMENT. 

24 (a) PUBLICATION OF INFORMATION.—Not less than 

25 20 days prior to waiving, pursuant to statutory authority, 


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1 any applicable Buy American law, the head of an executive 

2 agency shall make information concerning the intention to 

3 issue a waiver or exception in connection with a Federal 

4 procurement available to the Administrator of General 

5 Services. A notice of the agency’s intention to waive a Buy 

6 American law shall be made available to the public 

7 through BuyAmerican.gov and shall include the statutory 

8 basis for exercise of the waiver or exception. 

9 (b) NONAVAILABILITY WAIVERS.— 

10 (1) IN GENERAL.—Except as provided under 

11 paragraph (2), for a request citing nonavailability as 

12 the statutory basis for a waiver, an executive agency 

13 shall provide an explanation of the procurement offi14 cial’s efforts to procure a product from a domestic 

15 source and the reasons why a domestic product was 

16 not suitable. The explanation shall be made available 

17 on BuyAmerican.gov prior to the issuance of the 

18 waiver, and the agency shall consider public com19 ments regarding the availability of the product be20 fore making a final determination. 

21 (2) EXCEPTION.—An explanation under para22 graph (1) is not required for a product the nonavail23 ability of which is established by law or regulation. 


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1 SEC. 10. COMPTROLLER GENERAL REPORT. 

2 Not later than two years after the date of the enact3 ment of this Act, the Comptroller General of the United 

4 States shall submit to Congress a report describing the 

5 implementation of this Act, including recommendations 

6 for any legislation to improve the collection and reporting 

7 of information regarding waivers of and exceptions to Buy 

8 American laws. 

9 SEC. 11. RULES OF CONSTRUCTION. 

10 (a) DISCLOSURE REQUIREMENTS.—Nothing in this 

11 Act shall be construed as preempting, superseding, or oth12 erwise affecting the application of any disclosure require13 ment or requirements otherwise provided by law or regula14 tion. 

15 (b) ESTABLISHMENT OF SUCCESSOR INFORMATION

16 SYSTEMS.—Nothing in this Act shall be construed as pre17 venting or otherwise limiting the ability of the Adminis18 trator of General Services to move the data required to 

19 be included on the website established under subsection 

20 (a) to a successor information system. Any such informa21 tion system shall include a reference to BuyAmerican.gov. 

22 SEC. 12. CONSISTENCY WITH INTERNATIONAL AGREE23 MENTS. 

24 This Act shall be applied in a manner consistent with 

25 United States obligations under international agreements. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘BuyAmerican.gov Act 

3 of 2021’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) BUY AMERICAN LAW.—The term ‘‘Buy Amer7 ican law’’ means any law, regulation, Executive 

8 order, or rule relating to Federal contracts, grants, or 

9 financial assistance that requires or provides a pref10 erence for the purchase or use of goods, products, or 

11 materials mined, produced, or manufactured in the 

12 United States, including— 

13 (A) chapter 83 of title 41, United States 

14 Code (commonly referred to as the ‘‘Buy Amer15 ican Act’’); 

16 (B) section 5323(j) of title 49, United States 

17 Code; 

18 (C) section 313 of title 23, United States 

19 Code; 

20 (D) section 50101 of title 49, United States 

21 Code; 

22 (E) section 24405 of title 49, United States 

23 Code; 

24 (F) section 608 of the Federal Water Pollu25 tion Control Act (33 U.S.C. 1388); 


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1 (G) section 1452(a)(4) of the Safe Drinking 

2 Water Act (42 U.S.C. 300j–12(a)(4)); 

3 (H) section 5035 of the Water Resources Re4 form and Development Act of 2014 (33 U.S.C. 

5 3914); 

6 (I) section 2533a of title 10, United States 

7 Code (commonly referred to as the ‘‘Berry 

8 Amendment’’); and 

9 (J) section 2533b of title 10, United States 

10 Code. 

11 (2) EXECUTIVE AGENCY.—The term ‘‘executive 

12 agency’’ has the meaning given the term ‘‘agency’’ in 

13 paragraph (1) of section 3502 of title 44, United 

14 States Code, except that it does not include an inde15 pendent regulatory agency, as that term is defined in 

16 paragraph (5) of such section. 

17 (3) BUY AMERICAN WAIVER.—The term ‘‘Buy 

18 American waiver’’ refers to an exception to or waiver 

19 of any Buy American law, or the terms and condi20 tions used by an agency in granting an exception to 

21 or waiver from Buy American laws. 

22 SEC. 3. SENSE OF CONGRESS ON BUYING AMERICAN. 

23 It is the sense of Congress that— 

24 (1) every executive agency should maximize, 

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1 sistance awards and Federal procurements, the use of 

2 goods, products, and materials produced in the 

3 United States and contracts for outsourced govern4 ment service contracts to be performed by United 

5 States nationals; 

6 (2) every executive agency should scrupulously 

7 monitor, enforce, and comply with Buy American 

8 laws, to the extent they apply, and minimize the use 

9 of waivers; and 

10 (3) every executive agency should use available 

11 data to routinely audit its compliance with Buy 

12 American laws. 

13 SEC. 4. ASSESSMENT OF IMPACT OF FREE TRADE AGREE14 MENTS. 

15 Not later than 150 days after the date of the enactment 

16 of this Act, the Secretary of Commerce, the United States 

17 Trade Representative, and the Director of the Office of Man18 agement and Budget shall assess the impacts in a publicly 

19 available report of all United States free trade agreements, 

20 the World Trade Organization Agreement on Government 

21 Procurement, and Federal permitting processes on the oper22 ation of Buy American laws, including their impacts on 

23 the implementation of domestic procurement preferences. 


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1 SEC. 5. JUDICIOUS USE OF WAIVERS. 

2 (a) IN GENERAL.—To the extent permitted by law, a 

3 Buy American waiver that is determined by an agency 

4 head or other relevant official to be in the public interest 

5 shall be construed to ensure the maximum utilization of 

6 goods, products, and materials produced in the United 

7 States. 

8 (b) PUBLIC INTEREST WAIVER DETERMINATIONS.—To 

9 the extent permitted by law, determination of public inter10 est waivers shall be made by the head of the agency with 

11 the authority over the Federal financial assistance award 

12 or Federal procurement under consideration. 

13 SEC. 6. ESTABLISHMENT OF BUYAMERICAN.GOV WEBSITE. 

14 (a) IN GENERAL.—Not later than one year after the 

15 date of the enactment of this Act, the Administrator of Gen16 eral Services shall establish an Internet website with the 

17 address BuyAmerican.gov that will be publicly available 

18 and free to access. The website shall include information 

19 on all waivers of and exceptions to Buy American laws 

20 since the date of the enactment of this Act that have been 

21 requested, are under consideration, or have been granted by 

22 executive agencies and be designed to enable manufacturers 

23 and other interested parties to easily identify waivers. The 

24 website shall also include the results of routine audits to 

25 determine data errors and Buy American law violations 

26 after the award of a contract. The website shall provide pubVerDate Sep 11 2014 23:44 Dec 05, 2022 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\S732.RS S732

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1 licly available contact information for the relevant con2 tracting agencies. 

3 (b) UTILIZATION OF EXISTING WEBSITE.—The re4 quirements of subsection (a) may be met by utilizing an 

5 existing website, provided that the address of that website 

6 is BuyAmerican.gov. 

7 SEC. 7. WAIVER TRANSPARENCY AND STREAMLINING FOR 

8 CONTRACTS. 

9 (a) COLLECTION OF INFORMATION.—The Adminis10 trator of General Services, in consultation with the heads 

11 of relevant agencies, shall develop a mechanism to collect 

12 information on requests to invoke a Buy American waiver 

13 for a Federal contract, utilizing existing reporting require14 ments whenever possible, for purposes of providing early no15 tice of possible waivers via the website established under sec16 tion 6. 

17 (b) WAIVER TRANSPARENCY AND STREAMLINING.— 

18 (1) REQUIREMENT.—Prior to granting a request 

19 to waive a Buy American law, the head of an execu20 tive agency shall submit a request to invoke a Buy 

21 American waiver to the Administrator of General 

22 Services, and the Administrator of General Services 

23 shall make the request available on or through the 

24 public website established under section 6 for public 

25 comment for not less than 15 days. 


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1 (2) EXCEPTION.—The requirement under para2 graph (1) does not apply to a request for a Buy 

3 American waiver to satisfy an urgent contracting 

4 need in an unforeseen and exigent circumstance. 

5 (c) INFORMATION AVAILABLE TO THE EXECUTIVE

6 AGENCY CONCERNING THE REQUEST.— 

7 (1) REQUIREMENT.—No Buy American waiver 

8 for purposes of awarding a contract may be granted 

9 if, in contravention of subsection (b)— 

10 (A) information about the waiver was not 

11 made available on the website under section 6; or 

12 (B) no opportunity for public comment con13 cerning the request was granted. 

14 (2) SCOPE.—Information made available to the 

15 public concerning the request included on the website 

16 described in section 6 shall properly and adequately 

17 document and justify the statutory basis cited for the 

18 requested waiver. Such information shall include— 

19 (A) a detailed justification for the use of 

20 goods, products, or materials mined, produced, 

21 or manufactured outside the United States; 

22 (B) for requests citing unreasonable cost as 

23 the statutory basis of the waiver, a comparison 

24 of the cost of the domestic product to the cost of 

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1 all cost of the project with domestic products to 

2 the overall cost of the project with foreign-origin 

3 products or services, pursuant to the require4 ments of the applicable Buy American law, ex5 cept that publicly available cost comparison data 

6 may be provided in lieu of proprietary pricing 

7 information; 

8 (C) for requests citing the public interest as 

9 the statutory basis for the waiver, a detailed 

10 written statement, which shall include all appro11 priate factors, such as potential obligations 

12 under international agreements, justifying why 

13 the requested waiver is in the public interest; 

14 and 

15 (D) a certification that the procurement of16 ficial or assistance recipient made a good faith 

17 effort to solicit bids for domestic products sup18 ported by terms included in requests for pro19 posals, contracts, and nonproprietary commu20 nications with the prime contractor. 

21 (d) NONAVAILABILITY WAIVERS.— 

22 (1) IN GENERAL.—Except as provided under 

23 paragraph (2), for a request citing nonavailability as 

24 the statutory basis for a Buy American waiver, an 

25 executive agency shall provide an explanation of the 


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1 procurement official’s efforts to procure a product 

2 from a domestic source and the reasons why a domes3 tic product was not available from a domestic source. 

4 Those explanations shall be made available on 

5 BuyAmerican.gov prior to the issuance of the waiver, 

6 and the agency shall consider public comments re7 garding the availability of the product before making 

8 a final determination. 

9 (2) EXCEPTION.—An explanation under para10 graph (1) is not required for a product the nonavail11 ability of which is established by law or regulation. 

12 SEC. 8. COMPTROLLER GENERAL REPORT. 

13 Not later than two years after the date of the enact14 ment of this Act, the Comptroller General of the United 

15 States shall submit to Congress a report describing the im16 plementation of this Act, including recommendations for 

17 any legislation to improve the collection and reporting of 

18 information regarding waivers of and exceptions to Buy 

19 American laws. 

20 SEC. 9. RULES OF CONSTRUCTION. 

21 (a) DISCLOSURE REQUIREMENTS.—Nothing in this 

22 Act shall be construed as preempting, superseding, or other23 wise affecting the application of any disclosure requirement 

24 or requirements otherwise provided by law or regulation. 


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1 (b) ESTABLISHMENT OF SUCCESSOR INFORMATION

2 SYSTEMS.—Nothing in this Act shall be construed as pre3 venting or otherwise limiting the ability of the Adminis4 trator of General Services to move the data required to be 

5 included on the website established under subsection (a) to 

6 a successor information system. Any such information sys7 tem shall include a reference to BuyAmerican.gov. 

8 SEC. 10. CONSISTENCY WITH INTERNATIONAL AGREE9 MENTS. 

10 This Act shall be applied in a manner consistent with 

11 United States obligations under international agreements. 

12 SEC. 11. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS13 REFERENCES. 

14 (a) IN GENERAL.—Section 2(1) is amended— 

15 (1) in subparagraph (I), by striking ‘‘section 

16 2533a’’ and inserting ‘‘section 4862’’; and 

17 (2) in subparagraph (J), by striking ‘‘section 

18 2533b’’ and inserting ‘‘section 4863’’. 

19 (b) EFFECTIVE DATE.—The amendments made by sub20 section (a) shall take effect on January 1, 2022. 


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Calendar No. 586 

117TH CONGRESS 

2D SESSION S. 732 

[Report No. 117–227] 

A BILL 

To strengthen Buy American requirements, and for 

other purposes. 

DECEMBER 5, 2022 

Reported with an amendment 


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