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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2423 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``The Buy American Enhancement Act of 
2011''.

SEC. 2. DOMESTIC CONTENT REQUIREMENT FOR THE BUY AMERICAN ACT.

    (a) Substantially All Defined.--Section 8301 of title 41, United 
States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Substantially all.--Articles, materials, or supplies 
        shall be treated as made substantially all from articles, 
        materials, or supplies mined, produced, or manufactured in the 
        United States if the cost of the domestic components of such 
        articles, materials, or supplies exceeds 75 percent of the 
        total cost of all components of such articles, materials, or 
        supplies.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect not later than 180 days after the date of the enactment of 
this Act.

SEC. 3. REQUIREMENT FOR INDIRECT CONTRACTS TO COMPLY WITH THE BUY 
              AMERICAN ACT.

    (a) Contract Requirement.--The head of each Federal agency shall 
ensure that each contract described in subsection (b) awarded by such 
Federal agency includes a provision requiring any articles, materials, 
and supplies provided under the contract to comply with chapter 83 of 
title 41, United States Code (popularly referred to as the ``Buy 
American Act''), subject to the exceptions to that chapter provided in 
the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) or otherwise 
provided by law.
    (b) Contracts Described.--The contracts described in this 
subsection include each of the following:
            (1) Housing leases, including military housing provided by 
        a private entity.
            (2) Power purchase agreements.
            (3) Enhanced-use leases.
            (4) Energy savings performance contracts.
            (5) Utility energy service contracts.

SEC. 4. BUY AMERICAN WAIVER REPORTING REQUIREMENT.

    (a) Waiver Defined.--Section 8301 of title 41, United States Code, 
as amended by section 2, is further amended by adding at the end the 
following new paragraph:
            ``(4) Waiver.--The term `waiver' means, with respect to the 
        acquisition of an article, material, or supply for public use, 
        the inapplicability of this chapter to the acquisition by 
        reason of any of the following:
                    ``(A) A determination by the head of the Federal 
                agency concerned that the acquisition is inconsistent 
                with the public interest.
                    ``(B) A determination by the head of the Federal 
                agency concerned that the cost of the acquisition is 
                unreasonable.
                    ``(C) Use outside of the United States.
                    ``(D) A determination by the head of the Federal 
                agency concerned that the article, material, or supply 
                is not mined, produced, or manufactured in the United 
                States in sufficient and reasonably available 
                commercial quantities of a satisfactory quality.
                    ``(E) Procured under a contract with an award value 
                that is not more than the micro-purchase threshold 
                under section 1902 of this title.
                    ``(F) An exception under the Trade Agreements Act 
                of 1979 (19 U.S.C. 2501 et seq.).
                    ``(G) Any other exception otherwise provided by 
                law.''.
    (b) Waiver Reporting Requirement.--Section 8302 of title 41, United 
States Code, is amended by adding at the end the following new section:
    ``(c) Waiver Reporting Requirement.--The head of each Federal 
agency shall establish a location on the website of such agency for the 
publication of waivers accessible by the public and shall publish a 
list at such location of each waiver granted under this chapter not 
later than 30 days after such waiver is granted.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect not later than 180 days after the date of the enactment of this 
Act.

SEC. 5. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION.

    Not later than 180 days after the date of the enactment of this 
Act, the Federal Acquisition Regulation shall be revised as necessary 
to implement the provisions of this Act.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Energy savings performance contract.--The term ``energy 
        savings performance contract'' has the meaning given that term 
        under section 436.31 of title 10, Code of Federal Regulations.
            (2) Federal agency.--The term ``Federal agency'' means any 
        executive agency (as defined in section 133 of title 41, United 
        States Code) or any establishment in the legislative or 
        judicial branch of the Federal Government.
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