I 

112TH CONGRESS 

1ST SESSION H. R. 2423 

To amend title 41, United States Code, to increase the American-made 

content requirement for the Buy American Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 6, 2011 

Mr. HINCHEY introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

A BILL 

To amend title 41, United States Code, to increase the 

American-made content requirement for the Buy American Act, 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 ‘‘The Buy American 

5 Enhancement Act of 2011’’. 

6 SEC. 2. DOMESTIC CONTENT REQUIREMENT FOR THE BUY 

7 AMERICAN ACT. 

8 (a) SUBSTANTIALLY ALL DEFINED.—Section 8301 

9 of title 41, United States Code, is amended— 


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1 (1) by redesignating paragraph (2) as para2 graph (3); and 

3 (2) by inserting after paragraph (1) the fol4 lowing new paragraph: 

5 ‘‘(2) SUBSTANTIALLY ALL.—Articles, materials, 

6 or supplies shall be treated as made substantially all 

7 from articles, materials, or supplies mined, pro8 duced, or manufactured in the United States if the 

9 cost of the domestic components of such articles, 

10 materials, or supplies exceeds 75 percent of the total 

11 cost of all components of such articles, materials, or 

12 supplies.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall take effect not later than 180 days 

15 after the date of the enactment of this Act. 

16 SEC. 3. REQUIREMENT FOR INDIRECT CONTRACTS TO COM17 PLY WITH THE BUY AMERICAN ACT. 

18 (a) CONTRACT REQUIREMENT.—The head of each 

19 Federal agency shall ensure that each contract described 

20 in subsection (b) awarded by such Federal agency includes 

21 a provision requiring any articles, materials, and supplies 

22 provided under the contract to comply with chapter 83 of 

23 title 41, United States Code (popularly referred to as the 

24 ‘‘Buy American Act’’), subject to the exceptions to that 


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1 chapter provided in the Trade Agreements Act of 1979 

2 (19 U.S.C. 2501 et seq.) or otherwise provided by law. 

3 (b) CONTRACTS DESCRIBED.—The contracts de4 scribed in this subsection include each of the following: 

5 (1) Housing leases, including military housing 

6 provided by a private entity. 

7 (2) Power purchase agreements. 

8 (3) Enhanced-use leases. 

9 (4) Energy savings performance contracts. 

10 (5) Utility energy service contracts. 

11 SEC. 4. BUY AMERICAN WAIVER REPORTING REQUIRE12 MENT. 

13 (a) WAIVER DEFINED.—Section 8301 of title 41, 

14 United States Code, as amended by section 2, is further 

15 amended by adding at the end the following new para16 graph: 

17 ‘‘(4) WAIVER.—The term ‘waiver’ means, with 

18 respect to the acquisition of an article, material, or 

19 supply for public use, the inapplicability of this 

20 chapter to the acquisition by reason of any of the 

21 following: 

22 ‘‘(A) A determination by the head of the 

23 Federal agency concerned that the acquisition 

24 is inconsistent with the public interest. 


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1 ‘‘(B) A determination by the head of the 

2 Federal agency concerned that the cost of the 

3 acquisition is unreasonable. 

4 ‘‘(C) Use outside of the United States. 

5 ‘‘(D) A determination by the head of the 

6 Federal agency concerned that the article, ma7 terial, or supply is not mined, produced, or 

8 manufactured in the United States in sufficient 

9 and reasonably available commercial quantities 

10 of a satisfactory quality. 

11 ‘‘(E) Procured under a contract with an 

12 award value that is not more than the micro13 purchase threshold under section 1902 of this 

14 title. 

15 ‘‘(F) An exception under the Trade Agree16 ments Act of 1979 (19 U.S.C. 2501 et seq.). 

17 ‘‘(G) Any other exception otherwise pro18 vided by law.’’. 

19 (b) WAIVER REPORTING REQUIREMENT.—Section 

20 8302 of title 41, United States Code, is amended by add21 ing at the end the following new section: 

22 ‘‘(c) WAIVER REPORTING REQUIREMENT.—The head 

23 of each Federal agency shall establish a location on the 

24 website of such agency for the publication of waivers ac25 cessible by the public and shall publish a list at such locaVerDate Mar 15 2010 20:59 Jul 07, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2423.IH H2423

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1 tion of each waiver granted under this chapter not later 

2 than 30 days after such waiver is granted.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect not later than 180 days after 

5 the date of the enactment of this Act. 

6 SEC. 5. IMPLEMENTATION THROUGH THE FEDERAL ACQUI7 SITION REGULATION. 

8 Not later than 180 days after the date of the enact9 ment of this Act, the Federal Acquisition Regulation shall 

10 be revised as necessary to implement the provisions of this 

11 Act. 

12 SEC. 6. DEFINITIONS. 

13 In this Act: 

14 (1) ENERGY SAVINGS PERFORMANCE CON15 TRACT.—The term ‘‘energy savings performance 

16 contract’’ has the meaning given that term under 

17 section 436.31 of title 10, Code of Federal Regula18 tions. 

19 (2) FEDERAL AGENCY.—The term ‘‘Federal 

20 agency’’ means any executive agency (as defined in 

21 section 133 of title 41, United States Code) or any 

22 establishment in the legislative or judicial branch of 

23 the Federal Government. 

Æ 


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