I 
117TH CONGRESS 
1ST SESSION H. R. 5059 
To amend chapter 83 of title 41, United States Code, to increase the require-
ment for American-made content, to strengthen the waiver provisions, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 20, 2021 
Mr. GARAMENDI introduced the following bill; which was referred to the Com-
mittee on Oversight and Reform, and in addition to the Committee on 
Transportation and Infrastructure, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Make It in America Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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Sec. 2. Technical assistance partnership and consultation supporting Depart-
ment of Transportation Buy America requirements. 
Sec. 3. Regulations relating to Buy American Act. 
Sec. 4. Amendments relating to Buy American Act. 
Sec. 5. Made in America Office. 
Sec. 6. Hollings Manufacturing Extension Partnership activities. 
Sec. 7. United States obligations under international agreements. 
Sec. 8. Definitions. 
SEC. 2. TECHNICAL ASSISTANCE PARTNERSHIP AND CON-
SULTATION SUPPORTING DEPARTMENT OF 
TRANSPORTATION BUY AMERICA REQUIRE-
MENTS. 
(a) DEFINITIONS.—In this section: 
(1) BUY AMERICA LAW.—The term ‘‘Buy Amer-
ica law’’ means— 
(A) section 313 of title 23, United States 
Code; 
(B) section 5323(j) of title 49, United 
States Code; 
(C) section 22905(a) of title 49, United 
States Code; 
(D) section 50101 of title 49, United 
States Code; and 
(E) any other domestic content procure-
ment preference for an infrastructure project 
under the jurisdiction of the Secretary. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
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(b) TECHNICAL ASSISTANCE PARTNERSHIP.—Not 
later than 90 days after the date of the enactment of this 
Act, the Secretary shall enter into a technical assistance 
partnership with the Secretary of Commerce, acting 
through the Director of the National Institute of Stand-
ards and Technology— 
(1) to ensure the development of a domestic 
supply base to support intermodal transportation in 
the United States, such as intercity high speed rail 
transportation, public transportation systems, high-
way construction or reconstruction, airport improve-
ment projects, and other infrastructure projects 
under the jurisdiction of the Secretary; 
(2) to ensure compliance with Buy America 
laws that apply to a project that receives assistance 
from the Federal Highway Administration, the Fed-
eral Transit Administration, the Federal Railroad 
Administration, the Federal Aviation Administra-
tion, or another office or modal administration of 
the Secretary of Transportation; 
(3) to encourage technologies developed with 
the support of and resources from the Secretary to 
be transitioned into commercial market and applica-
tions; and 
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(4) to establish procedures for consultation 
under subsection (c). 
(c) CONSULTATION.—Before granting a written waiv-
er under a Buy America law, the Secretary shall consult 
with the Director of the Hollings Manufacturing Exten-
sion Partnership regarding whether there is a domestic en-
tity that could provide the iron, steel, manufactured prod-
uct, or construction material that is the subject of the pro-
posed waiver. 
(d) ANNUAL REPORT.—Not later than 1 year after 
the date of enactment of this Act, and annually thereafter, 
the Secretary shall submit to the Committee on Com-
merce, Science, and Transportation, the Committee on 
Banking, Housing, and Urban Affairs, the Committee on 
Environment and Public Works, and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate and the Committee on Transportation and Infrastruc-
ture, the Committee on Oversight and Reform, and the 
Committee on Science, Space, and Technology of the 
House of Representatives a report that includes— 
(1) a detailed description of the consultation 
procedures developed under subsection (b)(4); 
(2) a detailed description of each waiver re-
quested under a Buy America law in the preceding 
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year that was subject to consultation under sub-
section (c), and the results of the consultation; 
(3) a detailed description of each waiver grant-
ed under a Buy America law in the preceding year, 
including the type of waiver and the reasoning for 
granting the waiver; and 
(4) an update on challenges and gaps in the do-
mestic supply base identified in carrying out sub-
section (b)(1), including a list of actions and policy 
changes the Secretary recommends be taken to ad-
dress those challenges and gaps. 
SEC. 3. REGULATIONS RELATING TO BUY AMERICAN ACT. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Director of the Of-
fice of Management and Budget (hereinafter referred to 
as ‘‘Director’’), acting through the Administrator for Fed-
eral Procurement Policy and, in consultation with the 
Federal Acquisition Regulatory Council, shall promulgate 
final regulations or other policy or management guidance, 
as appropriate, to standardize and simplify how Federal 
agencies comply with, report on, and enforce the Buy 
American Act. The regulations or other policy or manage-
ment guidance shall include, at a minimum, the following: 
(1) Guidelines for Federal agencies to deter-
mine, for the purposes of applying sections 8302(a) 
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and 8303(b)(3) of title 41, United States Code, the 
circumstances under which the acquisition of arti-
cles, materials, or supplies mined, produced, or man-
ufactured in the United States is inconsistent with 
the public interest. 
(2) Guidelines to ensure Federal agencies base 
determinations of non-availability on appropriate 
considerations, including anticipated project delays 
and lack of substitutable articles, materials, and 
supplies mined, produced, or manufactured in the 
United States, when making determinations of non- 
availability 
under 
sections 
8302(a)(1) 
and 
8303(b)(1)(B) of title 41, United States Code. 
(3)(A) Uniform procedures for each Federal 
agency to make publicly available, in an easily iden-
tifiable location on the website of the agency, and 
within the following time periods, the following infor-
mation: 
(i) A written description of the cir-
cumstances in which the head of the agency 
may waive the requirements of the Buy Amer-
ican Act. 
(ii) Each waiver made by the head of the 
agency within 30 days after making such waiv-
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er, including a justification with sufficient detail 
to explain the basis for the waiver. 
(B) The procedures established under this para-
graph shall ensure that the head of an agency, in 
consultation with the head of the Made in America 
Office established under section 5(a), may limit the 
publication of classified information, trade secrets, 
or other information that could damage the United 
States. 
(4) Guidelines for Federal agencies to ensure 
that a project is not disaggregated for purposes of 
avoiding the applicability of the requirements under 
the Buy American Act. 
(5) An increase to the price preferences for do-
mestic end products and domestic construction ma-
terials. 
(6) Amending the definitions of ‘‘domestic end 
product’’ and ‘‘domestic construction material’’ to 
ensure that iron and steel products are, to the great-
est extent possible, made with domestic components. 
(b) GUIDELINES RELATING TO WAIVERS.— 
(1) INCONSISTENCY WITH PUBLIC INTEREST.— 
(A) IN
GENERAL.—With respect to the 
guidelines developed under subsection (a)(1), 
the Administrator shall seek to minimize waiv-
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ers related to contract awards that result in a 
decrease in employment in the United States, 
including employment among entities that man-
ufacture the articles, materials, or supplies. 
(B) COVERED
EMPLOYMENT.—For pur-
poses of subparagraph (A), employment refers 
to positions directly involved in the manufacture 
of articles, materials, or supplies, and does not 
include positions related to management, re-
search and development, or engineering and de-
sign. 
(2) ASSESSMENT ON USE OF DUMPED OR SUB-
SIDIZED FOREIGN PRODUCTS.— 
(A) IN GENERAL.—To the extent otherwise 
permitted by law, before granting a waiver in 
the public interest to the guidelines developed 
under subsection (a)(1) with respect to a prod-
uct sourced from a foreign country, a Federal 
agency shall assess whether a significant por-
tion of the cost advantage of the product is the 
result of the use of dumped steel, iron, or man-
ufactured goods or the use of injuriously sub-
sidized steel, iron, or manufactured goods. 
(B) CONSULTATION.—The Federal agency 
conducting the assessment under subparagraph 
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(A) shall consult with the International Trade 
Administration in making the assessment if the 
agency considers such consultation to be help-
ful. 
(C) USE
OF
FINDINGS.—The Federal 
agency conducting the assessment under sub-
paragraph (A) shall integrate any findings from 
the assessment into its waiver determination. 
(c) SENSE OF CONGRESS ON INCREASING DOMESTIC 
CONTENT REQUIREMENTS.—It is the sense of Congress 
that the Federal Acquisition Regulatory Council should 
amend the Federal Acquisition Regulation to increase the 
domestic content requirements for domestic end products 
and domestic construction material to 75 percent, or, in 
the event of no qualifying offers, 60 percent. 
(d) DEFINITION OF END PRODUCT MANUFACTURED 
IN THE UNITED STATES.—Not later than 1 year after the 
date of the enactment of this Act, the Federal Acquisition 
Regulatory Council shall amend part 25 of the Federal 
Acquisition Regulation to provide a definition for ‘‘end 
product manufactured in the United States,’’ including 
guidelines to ensure that manufacturing processes in-
volved in production of the end product occur domestically. 
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SEC. 4. AMENDMENTS RELATING TO BUY AMERICAN ACT. 
(a) SPECIAL RULES RELATING TO AMERICAN MATE-
RIALS REQUIRED FOR PUBLIC USE.—Section 8302 of title 
41, United States Code, is amended by adding at the end 
the following new subsection: 
‘‘(c) SPECIAL RULES.—The following rules apply in 
carrying out the provisions of subsection (a): 
‘‘(1) IRON AND STEEL MANUFACTURED IN THE 
UNITED
STATES.—For purposes of this section, 
manufactured articles, materials, and supplies of 
iron and steel are deemed manufactured in the 
United States only if all manufacturing processes in-
volved in the production of such iron and steel, from 
the initial melting stage through the application of 
coatings, occurs in the United States. 
‘‘(2) LIMITATION ON EXCEPTION FOR COMMER-
CIALLY
AVAILABLE
OFF-THE-SHELF
ITEMS.—Not-
withstanding any law or regulation to the contrary, 
including section 1907 of this title and the Federal 
Acquisition Regulation, the requirements of this sec-
tion apply to all iron and steel articles, materials, 
and supplies.’’. 
(b) PRODUCTION OF IRON AND STEEL FOR PUR-
POSES
OF CONTRACTS
FOR PUBLIC WORKS.—Section 
8303 of title 41, United States Code, is amended— 
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(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) SPECIAL RULES.— 
‘‘(1) PRODUCTION OF IRON AND STEEL.—For 
purposes of this section, manufactured articles, ma-
terials, and supplies of iron and steel are deemed 
manufactured in the United States only if all manu-
facturing processes involved in the production of 
such iron and steel, from the initial melting stage 
through the application of coatings, occurs in the 
United States. 
‘‘(2) LIMITATION ON EXCEPTION FOR COMMER-
CIALLY
AVAILABLE
OFF-THE-SHELF
ITEMS.—Not-
withstanding any law or regulation to the contrary, 
including section 1907 of this title and the Federal 
Acquisition Regulation, the requirements of this sec-
tion apply to all iron and steel articles, materials, 
and supplies used in contracts described in sub-
section (a).’’. 
(c) ANNUAL REPORT.—Subsection (b) of section 
8302 of title 41, United States Code, is amended to read 
as follows: 
‘‘(b) REPORTS.— 
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‘‘(1) IN GENERAL.—Not later than 180 days 
after the end of the fiscal year during which the 
Make It in America Act is enacted, and annually 
thereafter for 4 years, the Director of the Office of 
Management and Budget, in consultation with the 
Administrator of General Services, shall submit to 
Congress a report on the total amount of acquisi-
tions made by Federal agencies in the relevant fiscal 
year of articles, materials, or supplies acquired from 
entities that mine, produce, or manufacture the arti-
cles, materials, or supplies outside the United 
States. 
‘‘(2) EXCEPTION FOR INTELLIGENCE COMMU-
NITY.—This subsection does not apply to acquisi-
tions made by an agency, or component of an agen-
cy, that is an element of the intelligence community 
as specified in, or designated under, section 3 of the 
National Security Act of 1947 (50 U.S.C. 3003).’’. 
(d) DEFINITION.—Section 8301 of title 41, United 
States Code, is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(3) FEDERAL
AGENCY.—The term ‘Federal 
agency’ has the meaning given the term ‘executive 
agency’ in section 133 of this title.’’. 
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(e) CONFORMING AMENDMENTS.—Title 41, United 
States Code, is amended— 
(1) in section 8301(1) by inserting ‘‘Guam, the 
Northern Mariana Islands,’’ after ‘‘Samoa,’’; 
(2) in section 8302(a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘department or inde-
pendent 
establishment’’ 
and 
inserting 
‘‘Federal agency’’; and 
(ii) by striking ‘‘their acquisition to be 
inconsistent with the public interest or 
their cost to be unreasonable’’ and insert-
ing ‘‘their acquisition to be inconsistent 
with the public interest, their cost to be 
unreasonable, or that the articles, mate-
rials, or supplies of the class or kind to be 
used, or the articles, materials, or supplies 
from which they are manufactured, are not 
mined, produced, or manufactured in the 
United States in sufficient and reasonably 
available commercial quantities and of a 
satisfactory quality’’; and 
(B) in paragraph (2), by amending sub-
paragraph (B) to read as follows: 
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‘‘(B) to any articles, materials, or supplies 
procured pursuant to a reciprocal defense pro-
curement memorandum of understanding (as 
described in section 8304 of this title), or a 
trade agreement or least developed country des-
ignation described in subpart 25.400 of the 
Federal Acquisition Regulation; and’’; and 
(3) in section 8303— 
(A) in subsection (b)— 
(i) by striking ‘‘department or inde-
pendent establishment’’ each place it ap-
pears and inserting ‘‘Federal agency’’; 
(ii) by amending subparagraph (B) of 
paragraph (1) to read as follows: 
‘‘(B) to any articles, materials, or supplies 
procured pursuant to a reciprocal defense pro-
curement memorandum of understanding (as 
described in section 8304), or a trade agree-
ment or least developed country designation de-
scribed in subpart 25.400 of the Federal Acqui-
sition Regulation; and’’; and 
(iii) in paragraph (3)— 
(I) in the heading, by striking 
‘‘INCONSISTENT WITH PUBLIC INTER-
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EST’’ and inserting ‘‘WAIVER
AU-
THORITY’’; and 
(II) by striking ‘‘their purchase 
to be inconsistent with the public in-
terest or their cost to be unreason-
able’’ and inserting ‘‘their acquisition 
to be inconsistent with the public in-
terest, their cost to be unreasonable, 
or that the articles, materials, or sup-
plies of the class or kind to be used, 
or the articles, materials, or supplies 
from which they are manufactured, 
are not mined, produced, or manufac-
tured in the United States in suffi-
cient and reasonably available com-
mercial quantities and of a satisfac-
tory quality’’; and 
(B) in subsection (d), as redesignated by 
subsection (b)(1) of this section, by striking 
‘‘department, bureau, agency, or independent 
establishment’’ each place it appears and insert-
ing ‘‘Federal agency’’. 
(f) EXCLUSION FROM INFLATION ADJUSTMENT OF 
ACQUISITION-RELATED DOLLAR THRESHOLDS.—Section 
1908(b)(2)(A) of title 41, United States Code, is amended 
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by striking ‘‘chapter 67’’ and inserting ‘‘chapters 67 and 
83’’. 
SEC. 5. MADE IN AMERICA OFFICE. 
(a) ESTABLISHMENT.—The Director of the Office of 
Management and Budget shall establish within the Office 
of Management and Budget an office to be known as the 
‘‘Made in America Office’’. The head of the office shall 
be appointed by the Director of the Office of Management 
and Budget (in this section referred to as the ‘‘Made in 
America Director’’). 
(b) DUTIES.—The Made in America Director shall 
have the following duties: 
(1) Maximize and enforce compliance with do-
mestic preference statutes. 
(2) Develop and implement procedures to re-
view waiver requests or inapplicability requests re-
lated to domestic preference statutes. 
(3) Grant approval or disapproval of any agen-
cy requests to issue a waiver or inapplicability deter-
mination related to a domestic preference statute. 
(4) Prepare the reports required under sub-
sections (c) and (e). 
(5) Ensure that Federal contracting personnel, 
financial assistance personnel, and non-Federal re-
cipients are regularly trained on obligations under 
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the Buy American Act and other agency-specific do-
mestic preference statutes. 
(6) Conduct the review of reciprocal defense 
agreements required under subsection (d). 
(7) Ensure that Federal agencies, Federal fi-
nancial assistance recipients, and the Hollings Man-
ufacturing Extension Partnership partner with each 
other to promote compliance with domestic pref-
erence statutes. 
(8) Support executive branch efforts to develop 
and sustain a domestic supply base to meet Federal 
procurement requirements. 
(c) TRANSFER.—The Director of the Office of Man-
agement and Budget shall provide for the transfer of the 
functions, personnel, assets, and liabilities of the Made in 
America Office within the Office of Management and 
Budget, as in existence on the day before the date of en-
actment of this Act, to the Made in America Office estab-
lished by subsection (a). 
(d) OFFICE
OF MANAGEMENT
AND BUDGET RE-
PORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Director of the Office of Manage-
ment and Budget, working through the Made in America 
Director, shall report to the relevant congressional com-
mittees on the extent to which, in each of the three fiscal 
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years prior to the date of enactment of this Act, articles, 
materials, or supplies acquired by the Federal Government 
were mined, produced, or manufactured outside the 
United States. Such report shall include for each Federal 
agency the following: 
(1) A summary of total procurement funds ex-
pended on articles, materials, and supplies mined, 
produced, or manufactured— 
(A) inside the United States; 
(B) outside the United States; and 
(C) outside the United States— 
(i) under each category of waiver 
under the Buy American Act; 
(ii) under each category of exception 
under such chapter; and 
(iii) for each country that mined, pro-
duced, or manufactured such articles, ma-
terials, and supplies. 
(2) For each fiscal year covered by the report— 
(A) the dollar value of any articles, mate-
rials, or supplies that were mined, produced, or 
manufactured outside the United States, in the 
aggregate and by country; 
(B) an itemized list of all waivers made 
under the Buy American Act with respect to ar-
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ticles, materials, or supplies, where available, 
and the country where such articles, materials, 
or supplies were mined, produced, or manufac-
tured; 
(C) if any articles, materials, or supplies 
were acquired from entities that mine, produce, 
or manufacture such articles, materials, or sup-
plies outside the United States due to an excep-
tion (that is not the micro-purchase threshold 
exception described under section 8302(a)(2)(C) 
of title 41, United States Code), the specific ex-
ception that was used to purchase such articles, 
materials, or supplies; and 
(D) if any articles, materials, or supplies 
were acquired from entities that mine, produce, 
or manufacture such articles, materials, or sup-
plies outside the United States pursuant to a 
reciprocal defense procurement memorandum of 
understanding (as described in section 8304 of 
title 41, United States Code), or a trade agree-
ment or least developed country designation de-
scribed in subpart 25.400 of the Federal Acqui-
sition Regulation, a citation to such memo-
randum of understanding, trade agreement, or 
designation. 
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(3) A description of the methods used by each 
Federal agency to calculate the percentage domestic 
content of articles, materials, and supplies mined, 
produced, or manufactured in the United States. 
(e) REVIEW
OF RECIPROCAL DEFENSE AGREE-
MENTS.— 
(1) REVIEW OF PROCESS.—Not later than 180 
days after the date of the enactment of this Act, the 
Made in America Director shall review the Depart-
ment of Defense’s use of reciprocal defense agree-
ments to determine if domestic entities have equal 
and proportional access and report the findings of 
the review to the Director of the Office of Manage-
ment and Budget, the Secretary of Defense, and the 
Secretary of State. 
(2) REVIEW
OF
RECIPROCAL
PROCUREMENT 
MEMORANDA
OF
UNDERSTANDING.—The Made in 
America Director shall review reciprocal procure-
ment memoranda of understanding entered into 
after the date of the enactment of this Act between 
the Department of Defense and its counterparts in 
foreign governments to assess whether domestic enti-
ties will have equal and proportional access under 
the memoranda of understanding and report the 
findings of the review to the Director of the Office 
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of Management and Budget, the Secretary of De-
fense, the United States Trade Representative, and 
the Secretary of State. 
(f) REPORT ON USE OF MADE IN AMERICA LAWS.— 
The Made in America Director shall submit to the relevant 
congressional committees a summary of each report on the 
use of Made in America Laws received by the Made in 
America Director pursuant to section 11 of Executive 
Order 14005, dated January 25, 2021 (relating to ensur-
ing the future is made in all of America by all of America’s 
workers), not later than 90 days after the date of the en-
actment of this Act or receipt of the reports required 
under section 11 of such Executive order, whichever is 
later. 
(g) DOMESTIC PREFERENCE STATUTE DEFINED.— 
In this section, the term ‘‘domestic preference statute’’ 
means any of the following: 
(1) The Buy American Act. 
(2) A Buy America law (as that term is defined 
in section 8(a)). 
(3) The Berry Amendment. 
(4) Section 604 of the American Recovery and 
Reinvestment Act of 2009 (6 U.S.C. 453b) (com-
monly referred to as the ‘‘Kissell amendment’’). 
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(5) Section 4863 of title 10 (commonly referred 
to as the ‘‘specialty metals clause’’). 
(6) Laws requiring domestic preference for 
maritime transport, including the Merchant Marine 
Act, 1920 (Public Law 66–261), commonly known 
as the ‘‘Jones Act’’. 
(7) Any other law, regulation, rule, or Execu-
tive order relating to Federal financial assistance 
awards or Federal procurement, that requires, or 
provides a preference for, the purchase or acquisi-
tion of goods, products, or materials produced in the 
United States, including iron, steel, construction ma-
terials, and manufactured goods offered in the 
United States. 
SEC. 6. HOLLINGS MANUFACTURING EXTENSION PARTNER-
SHIP ACTIVITIES. 
(a) USE OF HOLLINGS MANUFACTURING EXTENSION 
PARTNERSHIP TO REFER NEW BUSINESSES TO CON-
TRACTING OPPORTUNITIES.—The head of each Federal 
agency shall work with the Director of the Hollings Manu-
facturing Extension Partnership, as necessary, to ensure 
businesses participating in this Partnership are aware of 
their contracting opportunities. 
(b) AUTOMATIC
ENROLLMENT
IN
GSA ADVAN-
TAGE!.—The Administrator of the General Services Ad-
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ministration and the Secretary of Commerce, acting 
through the Under Secretary of Commerce for Standards 
and Technology, shall jointly ensure that each business 
that participates in the Hollings Manufacturing Extension 
Partnership is automatically enrolled in General Services 
Administration Advantage! 
SEC. 7. UNITED STATES OBLIGATIONS UNDER INTER-
NATIONAL AGREEMENTS. 
This Act, and the amendments made by this Act, 
shall be applied in a manner consistent with United States 
obligations under international agreements. 
SEC. 8. DEFINITIONS. 
In this Act: 
(1) BERRY
AMENDMENT.—The term ‘‘Berry 
Amendment’’ means section 4862 of title 10, United 
States Code. 
(2) BUY
AMERICAN
ACT.—The term ‘‘Buy 
American Act’’ means chapter 83 of title 41, United 
States Code. 
(3) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ has the meaning given the term ‘‘executive 
agency’’ in section 133 of title 41, United States 
Code. 
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(4) 
RELEVANT
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘relevant congressional commit-
tees’’ means— 
(A) the Committee on Homeland Security 
and Governmental Affairs, the Committee on 
Commerce, Science, and Transportation, the 
Committee on Environment and Public Works, 
the Committee on Banking, Housing, and 
Urban Affairs, and the Committee on Armed 
Services of the Senate; and 
(B) the Committee on Oversight and Re-
form, the Committee on Armed Services, and 
the Committee on Transportation and Infra-
structure of the House of Representatives. 
(5) 
UNITED
STATES.—The 
term 
‘‘United 
States’’ means each of the States, the District of Co-
lumbia, and any territory or possession of the 
United States. 
(6) WAIVER.—The term ‘‘waiver’’, with respect 
to the acquisition of an article, material, or supply 
for public use, means the inapplicability of chapter 
83 of title 41, United States Code, to the acquisition 
by reason of any of the following determinations 
under section 8302(a)(1) or 8303(b) of such title: 
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(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) A determination by the head of the 
Federal agency concerned that the article, ma-
terial, or supply is not mined, produced, or 
manufactured in the United States in sufficient 
and reasonably available commercial quantities 
of a satisfactory quality. 
Æ 
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