II 

117TH CONGRESS 

1ST SESSION S. 363 

To amend chapter 83 of title 41, United States Code, to increase the requirement for American-made content, to strengthen the waiver provisions, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 23, 2021 

Ms. STABENOW (for herself, Mr. BRAUN, Mr. PETERS, Mr. PORTMAN, and 

Ms. BALDWIN) introduced the following bill; which was read twice and 

referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend chapter 83 of title 41, United States Code, to 

increase the requirement for American-made content, to 

strengthen the waiver provisions, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Make It in America Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Regulations relating to Buy American Act. 


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Sec. 3. Amendments relating to Buy American Act. 

Sec. 4. Made in America Office. 

Sec. 5. Department of Transportation Buy America provisions. 

Sec. 6. Hollings Manufacturing Extension Partnership activities. 

Sec. 7. United States obligations under international agreements. 

Sec. 8. Definitions. 

1 SEC. 2. REGULATIONS RELATING TO BUY AMERICAN ACT. 

2 (a) IN GENERAL.—Not later than 1 year after the 

3 date of the enactment of this Act, the Director of the Of4 fice of Management and Budget (‘‘Director’’), acting 

5 through the Administrator for Federal Procurement Pol6 icy and, in consultation with the Federal Acquisition Reg7 ulatory Council, shall promulgate final regulations to 

8 standardize and simplify how Federal agencies comply 

9 with, report on, and enforce the Buy American Act. The 

10 regulations shall include, at a minimum, the following: 

11 (1) Guidelines for Federal agencies to deter12 mine, for the purposes of applying sections 8302(a) 

13 and 8303(b)(3) of title 41, United States Code, the 

14 circumstances under which the acquisition of arti15 cles, materials, or supplies mined, produced, or man16 ufactured in the United States is inconsistent with 

17 the public interest. 

18 (2) Uniform procedures for each Federal agen19 cy to make publicly available, in an easily identifi20 able location on the website of the agency, and with21 in the following time periods, the following informa22 tion: 


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1 (A) A written description of the cir2 cumstances in which the head of the agency 

3 may waive the requirements of the Buy Amer4 ican Act. 

5 (B) Each waiver made by the head of the 

6 agency within 30 days after making such waiv7 er, including a detailed justification for the 

8 waiver. 

9 (3) Guidelines for Federal agencies to ensure 

10 that a project is not disaggregated for purposes of 

11 avoiding the applicability of the requirements under 

12 the Buy American Act. 

13 (4) Increasing the price preferences for domes14 tic end products and domestic construction mate15 rials. 

16 (5) Amending the definitions of ‘‘domestic end 

17 product’’ and ‘‘domestic construction material’’ to 

18 ensure that iron and steel products are, to the great19 est extent possible, made with domestic components. 

20 (b) GUIDELINES RELATING TO WAIVERS.— 

21 (1) INCONSISTENCY WITH PUBLIC INTEREST.— 

22 (A) IN GENERAL.—With respect to the 

23 guidelines developed under subsection (a)(1), 

24 the Administrator shall seek to minimize waiv25 ers related to contract awards that— 


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1 (i) result in a decrease in employment 

2 in the United States, which shall be con3 sidered to be inconsistent with the public 

4 interest, including employment among enti5 ties that manufacture the articles, mate6 rials, or supplies; or 

7 (ii) result in not awarding a contract 

8 that would boost domestic employment. 

9 (B) COVERED EMPLOYMENT.—For pur10 poses of subparagraph (A), employment refers 

11 to positions directly involved in the manufacture 

12 of articles, materials, or supplies, and does not 

13 include positions related to management, re14 search and development, or engineering and de15 sign. 

16 (2) ASSESSMENT ON USE OF DUMPED OR SUB17 SIDIZED FOREIGN PRODUCTS.— 

18 (A) IN GENERAL.—To the extent otherwise 

19 permitted by law, before granting a waiver in 

20 the public interest to the guidelines developed 

21 under subsection (a)(1) with respect to a prod22 uct sourced from a foreign country, a Federal 

23 agency shall assess whether a significant por24 tion of the cost advantage of the product is the 

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1 ufactured goods or the use of injuriously sub2 sidized steel, iron, or manufactured goods. 

3 (B) CONSULTATION.—The Federal agency 

4 conducting the assessment under subparagraph 

5 (A) shall consult with the International Trade 

6 Administration in making the assessment if the 

7 agency considers such consultation to be help8 ful. 

9 (C) USE OF FINDINGS.—The Federal 

10 agency conducting the assessment under sub11 paragraph (A) shall integrate any findings from 

12 the assessment into its waiver determination. 

13 (c) DEFINITION OF END PRODUCT MANUFACTURED

14 IN THE UNITED STATES.—Not later than 1 year after the 

15 date of the enactment of this Act, the Federal Acquisition 

16 Regulatory Council shall amend part 25 of the Federal 

17 Acquisition Regulation to provide a definition for ‘‘end 

18 product manufactured in the United States,’’ including 

19 guidelines to ensure that manufacturing processes in20 volved in production of the end product occur domestically. 

21 SEC. 3. AMENDMENTS RELATING TO BUY AMERICAN ACT. 

22 (a) SPECIAL RULES RELATING TO AMERICAN MATE23 RIALS REQUIRED FOR PUBLIC USE.—Section 8302 of title 

24 41, United States Code, is amended by adding at the end 

25 the following new subsection: 


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1 ‘‘(c) SPECIAL RULES.—The following rules apply in 

2 carrying out the provisions of subsection (a): 

3 ‘‘(1) IRON AND STEEL MANUFACTURED IN THE

4 UNITED STATES.—For purposes of this section, 

5 manufactured articles, materials, and supplies of 

6 iron and steel are deemed manufactured in the 

7 United States only if all manufacturing processes in8 volved in the production of such iron and steel, from 

9 the initial melting stage through the application of 

10 coatings, occurs in the United States. 

11 ‘‘(2) LIMITATION ON EXCEPTION FOR COMMER12 CIALLY AVAILABLE OFF-THE-SHELF ITEMS.—Not13 withstanding any law or regulation to the contrary, 

14 including section 1907 of this title and the Federal 

15 Acquisition Regulation, the requirements of this sec16 tion apply to all iron and steel articles, materials, 

17 and supplies. 

18 ‘‘(3) USE OUTSIDE THE UNITED STATES.— 

19 ‘‘(A) IN GENERAL.—Notwithstanding the 

20 exception described in subsection (a)(2)(A), 

21 subsection (a)(1) shall apply to articles, mate22 rials, or supplies for use outside the United 

23 States if such articles, materials, or supplies are 

24 not needed on an urgent basis or are acquired 

25 on a regular basis. 


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1 ‘‘(B) COST ANALYSIS.—In any case in 

2 which articles, materials, or supplies are to be 

3 acquired for use outside the United States and 

4 are not needed on an urgent basis or are ac5 quired on a regular basis, before entering into 

6 a contract, an analysis shall be made of the dif7 ference in the cost of acquiring such articles, 

8 materials, or supplies from a company mining, 

9 producing, or manufacturing the articles, mate10 rials, or supplies in the United States (exclud11 ing the cost of shipping) and the cost of acquir12 ing such articles, materials, or supplies from a 

13 company mining, producing, or manufacturing 

14 the articles, materials, or supplies outside the 

15 United States (including the cost of shipping). 

16 ‘‘(4) DOMESTIC AVAILABILITY.—The head of a 

17 Federal agency may not determine that an article, 

18 material, or supply is not mined, produced, or manu19 factured in the United States in sufficient and rea20 sonably available commercial quantities and of a sat21 isfactory quality under subsection (a)(1) unless the 

22 head of the agency first determines that— 

23 ‘‘(A) domestic production cannot be initi24 ated without delaying the project for which the 


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1 article, material, or supply is to be acquired; 

2 and 

3 ‘‘(B) a substitutable article, material, or 

4 supply is not mined, produced, or manufactured 

5 in the United States in sufficient and reason6 ably available commercial quantities and of a 

7 satisfactory quality.’’. 

8 (b) PRODUCTION OF IRON AND STEEL FOR PUR9 POSES OF CONTRACTS FOR PUBLIC WORKS.—Section 

10 8303 of title 41, United States Code, is amended— 

11 (1) by redesignating subsection (c) as sub12 section (d); and 

13 (2) by inserting after subsection (b) the fol14 lowing new subsection: 

15 ‘‘(c) SPECIAL RULES.— 

16 ‘‘(1) PRODUCTION OF IRON AND STEEL.—For 

17 purposes of this section, manufactured articles, ma18 terials, and supplies of iron and steel are deemed 

19 manufactured in the United States only if all manu20 facturing processes involved in the production of 

21 such iron and steel, from the initial melting stage 

22 through the application of coatings, occurs in the 

23 United States. 

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1 withstanding any law or regulation to the contrary, 

2 including section 1907 of this title and the Federal 

3 Acquisition Regulation, the requirements of this sec4 tion apply to all iron and steel articles, materials, 

5 and supplies used in contracts described in sub6 section (a).’’. 

7 (c) ANNUAL REPORT.—Subsection (b) of section 

8 8302 of title 41, United States Code, is amended to read 

9 as follows: 

10 ‘‘(b) REPORTS.— 

11 ‘‘(1) IN GENERAL.—Not later than 180 days 

12 after the end of the fiscal year during which the 

13 Make It in America Act is enacted, and annually 

14 thereafter for 4 years, the Director of the Office of 

15 Management and Budget, in consultation with the 

16 Administrator of General Services, shall submit to 

17 the Committee on Oversight and Government Re18 form of the House of Representatives and the Com19 mittee on Homeland Security and Governmental Af20 fairs of the Senate a report on the total amount of 

21 acquisitions made by Federal agencies in the rel22 evant fiscal year of articles, materials, or supplies 

23 acquired from entities that mine, produce, or manu24 facture the articles, materials, or supplies outside 

25 the United States. 


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1 ‘‘(2) ADDITIONAL CONTENT.—Each report re2 quired under paragraph (1) shall separately include, 

3 for the fiscal year covered by the report— 

4 ‘‘(A) the dollar value of any articles, mate5 rials, or supplies that were mined, produced, or 

6 manufactured outside the United States, in the 

7 aggregate and by country; 

8 ‘‘(B) an itemized list of all waivers made 

9 under this chapter with respect to articles, ma10 terials, or supplies and the country where such 

11 articles, materials, or supplies were mined, pro12 duced, or manufactured; 

13 ‘‘(C) if any articles, materials, or supplies 

14 were acquired from entities that mine, produce, 

15 or manufacture such articles, materials, or sup16 plies outside the United States due to an excep17 tion (that is not the micro-purchase threshold 

18 exception described under subsection (a)(2)(C)), 

19 the specific exception that was used to purchase 

20 such articles, materials, or supplies; 

21 ‘‘(D) if any articles, materials, or supplies 

22 were acquired from entities that mine, produce, 

23 or manufacture such articles, materials, or sup24 plies outside the United States pursuant to a 

25 reciprocal defense procurement memorandum of 


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1 understanding (as described in section 8304), 

2 or a trade agreement or least developed country 

3 designation described in subpart 25.400 of the 

4 Federal Acquisition Regulation, a citation to 

5 such memorandum of understanding, trade 

6 agreement, or designation; and 

7 ‘‘(E) a summary of— 

8 ‘‘(i) the total procurement funds ex9 pended on articles, materials, and supplies 

10 mined, produced, or manufactured inside 

11 the United States; 

12 ‘‘(ii) the total procurement funds ex13 pended on articles, materials, and supplies 

14 mined, produced, or manufactured outside 

15 the United States; and 

16 ‘‘(iii) the total procurement funds ex17 pended on articles, materials, and supplies 

18 mined, produced, or manufactured outside 

19 the United States per country that mined, 

20 produced, or manufactured such articles, 

21 materials, and supplies. 

22 ‘‘(3) PUBLIC AVAILABILITY.—Not later than 

23 180 days after the end of the fiscal year during 

24 which the Make It in America Act is enacted, and 

25 annually thereafter for 4 years, the Director of the 


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1 Office of Management and Budget shall make the 

2 relevant report required under paragraph (1) pub3 licly available on a website. 

4 ‘‘(4) EXCEPTION FOR INTELLIGENCE COMMU5 NITY.—This subsection does not apply to acquisi6 tions made by an agency, or component of an agen7 cy, that is an element of the intelligence community 

8 as specified in, or designated under, section 3 of the 

9 National Security Act of 1947 (50 U.S.C. 3003).’’. 

10 (d) DEFINITIONS.—Section 8301 of title 41, United 

11 States Code, is amended by adding at the end the fol12 lowing new paragraphs: 

13 ‘‘(3) FEDERAL AGENCY.—The term ‘Federal 

14 agency’ has the meaning given the term ‘executive 

15 agency’ in section 133 of this title. 

16 ‘‘(4) SUBSTANTIALLY ALL.—The term ‘substan17 tially all’, with respect to articles, materials, or sup18 plies mined, produced, or manufactured in the 

19 United States, means that— 

20 ‘‘(A) the cost of the domestic components 

21 of such articles, materials, or supplies exceeds 

22 75 percent of the total cost of all components 

23 of such articles, materials, or supplies; or 

24 ‘‘(B) in the event that a Federal agency 

25 does not receive an offer on a contract that 


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1 meets such threshold, the cost of the domestic 

2 components of such articles, materials, or sup3 plies exceeds 60 percent of the total cost of all 

4 components of such articles, materials, or sup5 plies. 

6 ‘‘(5) WAIVER.—The term ‘waiver’, with respect 

7 to the acquisition of an article, material, or supply 

8 for public use, means the inapplicability of this 

9 chapter to the acquisition by reason of any of the 

10 following determinations under section 8302(a)(1) or 

11 8303(b)(3) of this title: 

12 ‘‘(A) A written determination by the head 

13 of the Federal agency concerned that the acqui14 sition is inconsistent with the public interest. 

15 ‘‘(B) A written determination by the head 

16 of the Federal agency concerned that the cost 

17 of the acquisition is unreasonable. 

18 ‘‘(C) A written determination by the head 

19 of the Federal agency concerned that the arti20 cle, material, or supply is not mined, produced, 

21 or manufactured in the United States in suffi22 cient and reasonably available commercial quan23 tities of a satisfactory quality.’’. 

24 (e) CONFORMING AMENDMENTS.—Title 41, United 

25 States Code, is amended— 


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1 (1) in section 8302(a)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘department or inde4 pendent establishment’’ and inserting 

5 ‘‘Federal agency’’; and 

6 (ii) by striking ‘‘their acquisition to be 

7 inconsistent with the public interest or 

8 their cost to be unreasonable’’ and insert9 ing ‘‘their acquisition to be inconsistent 

10 with the public interest, their cost to be 

11 unreasonable, or that the articles, mate12 rials, or supplies of the class or kind to be 

13 used, or the articles, materials, or supplies 

14 from which they are manufactured, are not 

15 mined, produced, or manufactured in the 

16 United States in sufficient and reasonably 

17 available commercial quantities and of a 

18 satisfactory quality’’; and 

19 (B) in paragraph (2)— 

20 (i) in subparagraph (A), by inserting 

21 ‘‘subject to subsection (c)(2)(A),’’ before 

22 ‘‘to articles, materials, or supplies’’; and 

23 (ii) by amending subparagraph (B) to 

24 read as follows: 


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1 ‘‘(B) to any articles, materials, or supplies 

2 procured pursuant to a reciprocal defense pro3 curement memorandum of understanding (as 

4 described in section 8304 of this title), or a 

5 trade agreement or least developed country des6 ignation described in subpart 25.400 of the 

7 Federal Acquisition Regulation; and’’; and 

8 (2) in section 8303— 

9 (A) in subsection (b)— 

10 (i) by striking ‘‘department or inde11 pendent establishment’’ each place it ap12 pears and inserting ‘‘Federal agency’’; 

13 (ii) by amending subparagraph (B) of 

14 paragraph (1) to read as follows: 

15 ‘‘(B) to any articles, materials, or supplies 

16 procured pursuant to a reciprocal defense pro17 curement memorandum of understanding (as 

18 described in section 8304), or a trade agree19 ment or least developed country designation de20 scribed in subpart 25.400 of the Federal Acqui21 sition Regulation; and’’; and 

22 (iii) in paragraph (3)— 

23 (I) in the heading, by striking 

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1 EST’’ and inserting ‘‘WAIVER AU2 THORITY’’; and 

3 (II) by striking ‘‘their purchase 

4 to be inconsistent with the public in5 terest or their cost to be unreason6 able’’ and inserting ‘‘their acquisition 

7 to be inconsistent with the public in8 terest, their cost to be unreasonable, 

9 or that the articles, materials, or sup10 plies of the class or kind to be used, 

11 or the articles, materials, or supplies 

12 from which they are manufactured, 

13 are not mined, produced, or manufac14 tured in the United States in suffi15 cient and reasonably available com16 mercial quantities and of a satisfac17 tory quality’’; and 

18 (B) in subsection (c), by striking ‘‘depart19 ment, bureau, agency, or independent establish20 ment’’ each place it appears and inserting 

21 ‘‘Federal agency’’. 

22 (f) EXCLUSION FROM INFLATION ADJUSTMENT OF

23 ACQUISITION-RELATED DOLLAR THRESHOLDS.—Sub24 paragraph (A) of section 1908(b)(2) of title 41, United 


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1 States Code, is amended by striking ‘‘chapter 67’’ and in2 serting ‘‘chapters 67 and 83’’. 

3 SEC. 4. MADE IN AMERICA OFFICE. 

4 (a) ESTABLISHMENT.—The Director of the Office of 

5 Management and Budget shall establish within the Office 

6 of Management and Budget an office to be known as the 

7 ‘‘Made in America Office’’. The head of the office shall 

8 be appointed by the Director of the Office of Management 

9 and Budget (in this section referred to as the ‘‘Made in 

10 America Director’’). 

11 (b) DUTIES.—The Made in America Director shall 

12 have the following duties: 

13 (1) Maximize and enforce compliance with do14 mestic preference statutes. 

15 (2) Develop and implement procedures to re16 view waiver requests or inapplicability requests re17 lated to domestic preference statutes under sub18 section (c). 

19 (3) Prepare the reports required under sub20 section (d) and (f). 

21 (4) Ensure that contracting personnel at each 

22 Federal agency annually complete training on obliga23 tions under the Buy American Act and other agen24 cy-specific domestic preference statutes. 


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1 (5) Conduct the review of reciprocal defense 

2 agreements required under subsection (e). 

3 (6) Ensure that Federal agencies and the Hol4 lings Manufacturing Extension Partnership partner 

5 with each other to promote compliance with domestic 

6 preference statutes. 

7 (7) Ensure the development of a domestic sup8 ply base to meet Federal procurement requirements. 

9 (c) REVIEW OF WAIVER REQUESTS AND INAPPLICA10 BILITY REQUESTS.— 

11 (1) REQUIRED REVIEW.—Before a Federal 

12 agency grants a waiver or determines the inapplica13 bility of a domestic preference statute, the head of 

14 the Federal agency shall transmit a written request 

15 for such waiver to the Made in America Director for 

16 review, together with a detailed justification for the 

17 request. 

18 (2) NOTIFICATION OF DETERMINATION.—The 

19 Made in America Director, in consultation with the 

20 Administrator for Federal Procurement Policy and 

21 the Federal Acquisition Regulatory Council, shall re22 view the waiver request or request to determine the 

23 inapplicability of domestic preference statutes and 

24 provide to the requesting agency a written notifica25 tion approving or denying the request. 


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1 (3) DISAGREEMENTS.— 

2 (A) NOTIFICATION.—If the head of the re3 questing agency disagrees with some or all of 

4 the bases for the Made in America Director’s 

5 determination under paragraph (2), the head of 

6 the agency shall inform the Made in America 

7 Director in writing. 

8 (B) RESOLUTION.—To the extent per9 mitted by law, disagreements or conflicts be10 tween the Made in America Director and the 

11 agency head shall be resolved in accordance 

12 with procedures that parallel those set forth in 

13 section 7 of Executive Order No. 12866, dated 

14 September 30, 1993 (related to regulatory plan15 ning and review), with respect to the Director 

16 of the Office of Information and Regulatory Af17 fairs within the Office of Management and 

18 Budget. 

19 (4) NOTIFICATION OF SPECIAL CIR20 CUMSTANCES.—If a Federal agency is obligated by 

21 law to act more quickly than otherwise provided for 

22 in accordance with the review procedures established 

23 under this section, the head of the agency shall no24 tify the Made in America Director of the cir25 cumstances as soon as possible. 


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1 (d) OFFICE OF MANAGEMENT AND BUDGET RE2 PORT.—Not later than 1 year after the date of the enact3 ment of this Act, the Director of the Office of Manage4 ment and Budget, working through the Made in America 

5 Director, shall report to Congress on the extent to which, 

6 in each of fiscal years 2018, 2019, and 2020 articles, ma7 terials, or supplies acquired by the Federal Government 

8 were mined, produced, or manufactured outside the 

9 United States. Such report shall include for each Federal 

10 agency the following: 

11 (1) A summary of total procurement funds ex12 pended on articles, materials, and supplies mined, 

13 produced, or manufactured— 

14 (A) inside the United States; 

15 (B) outside the United States; and 

16 (C) outside the United States— 

17 (i) under each category of waiver 

18 under the Buy American Act; 

19 (ii) under each category of exception 

20 under such chapter; and 

21 (iii) for each country that mined, pro22 duced, or manufactured such articles, ma23 terials, and supplies. 

24 (2) For each fiscal year covered by the report— 


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1 (A) the dollar value of any articles, mate2 rials, or supplies that were mined, produced, or 

3 manufactured outside the United States, in the 

4 aggregate and by country; 

5 (B) an itemized list of all waivers made 

6 under the Buy American Act with respect to ar7 ticles, materials, or supplies and the country 

8 where such articles, materials, or supplies were 

9 mined, produced, or manufactured; 

10 (C) if any articles, materials, or supplies 

11 were acquired from entities that mine, produce, 

12 or manufacture such articles, materials, or sup13 plies outside the United States due to an excep14 tion (that is not the micro-purchase threshold 

15 exception described under section 8302(a)(2)(C) 

16 of title 41, United States Code), the specific ex17 ception that was used to purchase such articles, 

18 materials, or supplies; and 

19 (D) if any articles, materials, or supplies 

20 were acquired from entities that mine, produce, 

21 or manufacture such articles, materials, or sup22 plies outside the United States pursuant to a 

23 reciprocal defense procurement memorandum of 

24 understanding (as described in section 8304 of 

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1 ment or least developed country designation de2 scribed in subpart 25.400 of the Federal Acqui3 sition Regulation, a citation to such memo4 randum of understanding, trade agreement, or 

5 designation. 

6 (3) A description of the methods used by each 

7 Federal agency to calculate the percentage domestic 

8 content of articles, materials, and supplies mined, 

9 produced, or manufactured in the United States. 

10 (e) REVIEW OF RECIPROCAL DEFENSE AGREE11 MENTS.— 

12 (1) REVIEW OF PROCESS.—Not later than 180 

13 days after the date of the enactment of this Act, the 

14 Made in America Director shall review the Depart15 ment of Defense’s use of reciprocal defense agree16 ments to determine if domestic entities have equal 

17 and proportional access. 

18 (2) REVIEW OF RECIPROCAL PROCUREMENT

19 MEMORANDA OF UNDERSTANDING.—The Made in 

20 America Director shall review and be responsible for 

21 approving reciprocal procurement memoranda of un22 derstanding entered into after the date of the enact23 ment of this Act between the Department of Defense 

24 and its counterparts in foreign governments. 


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1 (f) REPORT ON USE OF MADE IN AMERICA LAWS.— 

2 Not later than 90 days after the date of the enactment 

3 of this Act, the Made in America Director shall submit 

4 to Congress each report on the use of Made in America 

5 Laws received by the Made in America Director pursuant 

6 to section 11 of Executive Order No. 14005, dated Janu7 ary 25, 2021 (relating to ensuring the future is made in 

8 all of America by all of America’s workers). 

9 (g) DOMESTIC PREFERENCE STATUTE DEFINED.— 

10 In this section, the term ‘‘domestic preference statute’’ 

11 means any of the following: 

12 (1) the Buy American Act; 

13 (2) a Buy America law (as that term is defined 

14 in section 5(a)); 

15 (3) the Berry Amendment; 

16 (4) section 604 of the American Recovery and 

17 Reinvestment Act of 2009 (6 U.S.C. 453b) (com18 monly referred to as the ‘‘Kissell amendment’’); 

19 (5) section 2533b of title 10 (commonly re20 ferred to as the ‘‘specialty metals clause’’); and 

21 (6) any other law, regulation, rule, or executive 

22 order relating to Federal financial assistance awards 

23 or Federal procurement, that requires, or provides a 

24 preference for, the purchase or acquisition of goods, 

25 products, or materials produced in the United 


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1 States, including iron, steel, and manufactured 

2 goods offered in the United States. 

3 SEC. 5. DEPARTMENT OF TRANSPORTATION BUY AMERICA 

4 PROVISIONS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) BUY AMERICA LAW.—The term ‘‘Buy Amer7 ica law’’ means any of the following: 

8 (A) Section 313 of title 23, United States 

9 Code. 

10 (B) Section 5323(j) of title 49, United 

11 States Code. 

12 (C) Section 22905(a) of title 49, United 

13 States Code. 

14 (D) Section 50101 of title 49, United 

15 States Code. 

16 (2) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Transportation. 

18 (b) TECHNICAL ASSISTANCE PARTNERSHIP.—Not 

19 later than 90 days after the date of the enactment of this 

20 Act, the Secretary shall enter into a technical assistance 

21 partnership with the Secretary of Commerce, acting 

22 through the Director of the National Institute of Stand23 ards and Technology— 

24 (1) to ensure the development of a domestic 

25 supply base to support intermodal transportation in 


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1 the United States, such as intercity high speed rail 

2 transportation, public transportation systems, high3 way construction or reconstruction, or airport im4 provement projects; 

5 (2) to ensure compliance with Buy America 

6 laws that apply to a project that receives assistance 

7 from the Federal Highway Administration, the Fed8 eral Transit Administration, the Federal Railroad 

9 Administration, the Federal Aviation Administra10 tion, or another office or modal administration of 

11 the Secretary of Transportation; 

12 (3) to encourage technologies developed with 

13 the support of and resources from the Secretary to 

14 be transitioned into commercial market and applica15 tions; and 

16 (4) to establish procedures for consultation 

17 under subsection (c). 

18 (c) CONSULTATION.—Before granting a written waiv19 er under a Buy America law, the Secretary shall consult 

20 with the Director of the Hollings Manufacturing Exten21 sion Partnership regarding whether there is a domestic en22 tity that could provide the iron, steel, or manufactured 

23 good or product that is the subject of the proposed waiver. 

24 (d) ANNUAL REPORT.—Not later than 1 year after 

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


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1 the Secretary shall submit to Congress a report that in2 cludes— 

3 (1) a detailed description of the consultation 

4 procedures developed under subsection (b)(4); 

5 (2) a detailed description of each waiver re6 quested under a Buy America law in the preceding 

7 year that was subject to consultation under sub8 section (c), and the results of the consultation; 

9 (3) a detailed description of each waiver grant10 ed under a Buy America law in the preceding year, 

11 including the type of waiver and the reasoning for 

12 granting the waiver; and 

13 (4) an update on challenges and gaps in the do14 mestic supply base identified in carrying out sub15 section (b)(1), including a list of actions and policy 

16 changes the Secretary recommends be taken to ad17 dress those challenges and gaps. 

18 SEC. 6. HOLLINGS MANUFACTURING EXTENSION PARTNER19 SHIP ACTIVITIES. 

20 (a) USE OF HOLLINGS MANUFACTURING EXTENSION

21 PARTNERSHIP TO REFER NEW BUSINESSES TO CON22 TRACTING OPPORTUNITIES.—The head of each Federal 

23 agency shall ensure that businesses participating in the 

24 Hollings Manufacturing Extension Partnership are made 

25 aware of Federal contracting opportunities. 


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1 (b) AUTOMATIC ENROLLMENT IN GSA ADVAN2 TAGE!.—The Administrator of the General Services Ad3 ministration and the Secretary of Commerce, acting 

4 through the Under Secretary of Commerce for Standards 

5 and Technology, shall jointly ensure that each business 

6 that participates in the Hollings Manufacturing Extension 

7 Partnership is automatically enrolled in General Services 

8 Administration Advantage!. 

9 SEC. 7. UNITED STATES OBLIGATIONS UNDER INTER10 NATIONAL AGREEMENTS. 

11 This Act, and the amendments made by this Act, 

12 shall be applied in a manner consistent with United States 

13 obligations under international agreements. 

14 SEC. 8. DEFINITIONS. 

15 In this Act: 

16 (1) BERRY AMENDMENT.—The term ‘‘Berry 

17 Amendment’’ means section 4862 of title 10, United 

18 States Code, as redesignated by section 1870(c)(2) 

19 of the William M. (Mac) Thornberry National De20 fense Authorization Act for Fiscal Year 2021. 

21 (2) BUY AMERICAN ACT.—The term ‘‘Buy 

22 American Act’’ means chapter 83 of title 41, United 

23 States Code. 

24 (3) FEDERAL AGENCY.—The term ‘‘Federal 

25 agency’’ has the meaning given the term ‘‘executive 


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1 agency’’ in section 133 of title 41, United States 

2 Code. 

3 (4) WAIVER.—The term ‘‘waiver’’, with respect 

4 to the acquisition of an article, material, or supply 

5 for public use, means, other than for purposes of 

6 section 5, the inapplicability of chapter 83 of title 

7 41, United States Code, to the acquisition by reason 

8 of any of the following determinations under section 

9 8302(a)(1) or 8303(b)(3) of such title: 

10 (A) A determination by the head of the 

11 Federal agency concerned that the acquisition 

12 is inconsistent with the public interest. 

13 (B) A determination by the head of the 

14 Federal agency concerned that the cost of the 

15 acquisition is unreasonable. 

16 (C) A determination by the head of the 

17 Federal agency concerned that the article, ma18 terial, or supply is not mined, produced, or 

19 manufactured in the United States in sufficient 

20 and reasonably available commercial quantities 

21 of a satisfactory quality. 

Æ 


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