manufactures in the United States the article, mate-
rial, or supply for which the offer is solicited, if— 
‘‘(A) that company’s offer is substantially 
the same as an offer made by a company that 
does not manufacture the article, material, or 
supply in the United States; or 
‘‘(B) that company is the only company 
that manufactures in the United States the ar-
ticle, material, or supply for which the offer is 
solicited. 
‘‘(3) USE OUTSIDE THE UNITED STATES.— 
‘‘(A) IN
GENERAL.—Subsection (a) shall 
apply without regard to whether the articles, 
materials, or supplies to be acquired are for use 
outside the United States if the articles, mate-
rials, or supplies are not needed on an urgent 
basis or if they are acquired on a regular basis. 
‘‘(B) COST ANALYSIS.—In any case where 
the articles, materials, or supplies are to be ac-
quired for use outside the United States and 
are not needed on an urgent basis, before enter-
ing into a contract an analysis shall be made of 
the difference in the cost for acquiring the arti-
cles, materials, or supplies from a company 
manufacturing the articles, materials, or sup-
plies in the United States (including the cost of 
shipping) and the cost for acquiring the arti-
cles, materials, or supplies from a company 
manufacturing the articles, materials, or sup-
plies outside the United States (including the 
cost of shipping). 
‘‘(4) DOMESTIC AVAILABILITY.—The head of a 
Federal agency may not make a determination under 
subsection (a) that an article, material, or supply is 
not mined, produced, or manufactured, as the case 
may be, in the United States in sufficient and rea-
sonably available commercial quantities and of satis-
factory quality, unless the head of the agency has 
conducted a study and, on the basis of such study, 
determined that— 
‘‘(A) domestic production cannot be initi-
ated to meet the procurement needs; and 
‘‘(B) a comparable article, material, or 
supply is not available from a company in the 
United States. 
‘‘(c) REPORTS.— 
‘‘(1) IN
GENERAL.—Not later than 60 days 
after the end of each fiscal year, the head of each 
Federal agency shall submit to Congress a report on 
the amount of the acquisitions made by the agency
from entities that manufacture the articles, mate-
rials, or supplies outside the United States in that 
fiscal year. 
‘‘(2) CONTENT
OF
REPORT.—The report re-
quired by paragraph (1) shall separately indicate the 
following information: 
‘‘(A) The dollar value of any articles, ma-
terials, or supplies for which this Act was 
waived. 
‘‘(B) An itemized list of all waivers grant-
ed with respect to such articles, materials, or 
supplies under this Act. 
‘‘(C) A list of all articles, materials, and 
supplies acquired, their source, and the amount 
of the acquisitions. 
‘‘(3) PUBLIC AVAILABILITY.—The head of each 
Federal agency submitting a report under paragraph 
(1) shall make the report publicly available by post-
ing on an Internet website.’’. 
(b) DEFINITIONS.—Section 1 of the Buy American 
Act (41 U.S.C. 10c) is amended— 
(1) by striking subsection (c) and inserting the 
following: 
‘‘(c) FEDERAL AGENCY.—The term ‘Federal agency’ 
means any executive agency (as defined in section 4(1)
of the Federal Procurement Policy Act (41 U.S.C. 
403(1))) or any establishment in the legislative or judicial 
branch of the Government (except the Senate, the House 
of Representatives, and the Architect of the Capitol and 
activities under the Architect’s direction). 
‘‘(d) SUBSTANTIALLY ALL.—Articles, materials, or 
supplies shall be treated as made substantially all from 
articles, materials, or supplies mined, produced, or manu-
factured, as the case may be, in the United States, if the 
cost of the domestic components of such articles, mate-
rials, or supplies exceeds 75 percent.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 2 of the Buy American Act (41 
U.S.C. 10a) is amended by striking ‘‘department or 
independent establishment’’ and inserting ‘‘Federal 
agency’’. 
(2) Section 3 of such Act (41 U.S.C. 10b) is 
amended— 
(A) by striking ‘‘department or inde-
pendent establishment’’ in subsection (a), and 
inserting ‘‘Federal agency’’; and 
(B) by striking ‘‘department, bureau, agen-
cy, or independent establishment’’ in subsection 
(b) and inserting ‘‘Federal agency’’.
(3) Section 633 of the National Military Estab-
lishment Appropriations Act, 1950 (41 U.S.C. 10d) 
is amended by striking ‘‘department or independent 
establishment’’ and inserting ‘‘Federal agency’’. 
SEC. 602. GAO REPORT AND RECOMMENDATIONS. 
(a) SCOPE OF WAIVERS.—Not later than 6 months 
after the date of enactment of this title, the Comptroller 
General of the United States shall report to Congress rec-
ommendations for determining, for purposes of applying 
the waiver provision of section 2(a) of the Buy American 
Act— 
(1) unreasonable cost; and 
(2) inconsistent with the public interest. 
(b) WAIVER PROCEDURES.—The report described in 
subsection (a) shall also include recommendations for es-
tablishing procedures for applying the waiver provisions 
of the Buy American Act that can be consistently applied. 
SEC. 603. DUAL USE TECHNOLOGIES. 
The head of a Federal agency (as defined in section 
1(c) of the Buy American Act (as amended by section 
601) may not enter into a contract, nor permit a sub-
contract under a contract of the Federal agency, with a 
foreign entity that involves giving the foreign entity plans, 
manuals, or other information that would facilitate the 
manufacture of a dual-use item on the Commerce Control
List unless approval for providing such plans, manuals, 
or information has been obtained in accordance with the 
provisions of the Export Administration Act of 1979 (50 
U.S.C. App. 2401 et seq.) and the Export Administration 
Regulations (15 C.F.R. part 730 et seq.) 
TITLE VII—ESTABLISHMENT OF 
CONGRESSIONAL TRADE OFFICE 
SECTION 701. FINDINGS. 
Congress makes the following findings: 
(1) Congress has responsibility under the Con-
stitution for international commerce. 
(2) Congressional oversight of trade policy has 
often been hampered by a lack of resources. 
(3) The United States has entered into numer-
ous trade agreements with foreign trading partners, 
including bilateral, regional, and multilateral agree-
ments. 
(4) The purposes of the trade agreements are— 
(A) to achieve a more open world trading 
system which provides mutually advantageous 
market opportunities for trade between the 
United States and foreign countries; 
(B) to facilitate the opening of foreign 
country markets to exports of the United States 
and other countries by eliminating trade bar-
(E) annually assessing the extent to which 
those agreements comply with labor goals. 
(3) ANALYSIS.— 
(A) IN
GENERAL.—To perform the fol-
lowing analyses: 
(i) Not later than 60 days after the 
date the National Trade Estimates report 
is delivered to Congress each year, analyze 
the major outstanding trade barriers based 
on cost to the United States economy. 
(ii) Not later than 60 days after the 
date the Trade Policy Agenda is delivered 
to Congress each year, analyze the Admin-
istration’s Agenda, including alternative 
goals, strategies, and tactics, as appro-
priate. 
(iii) Analyze the trade accounts quar-
terly, including the global current account, 
global trade account, and key bilateral 
trade accounts. 
(B) 
ANALYSIS
REQUESTED
BY
COM-
MITTEE.—To perform one or more of the fol-
lowing analyses as directed by the Committee 
on Finance of the Senate or the Committee on
Ways and Means of the House of Representa-
tives: 
(i) Analyze proposed trade legislation. 
(ii) Analyze proposed trade agree-
ments, including agreements that do not 
require implementing legislation. 
(iii) Analyze the impact of the Admin-
istration’s trade policy and actions, includ-
ing assessing the Administration’s deci-
sions for not accepting unfair trade prac-
tices cases. 
(4) DISPUTE SETTLEMENT DELIBERATIONS.— 
To perform the following functions with respect to 
dispute resolution: 
(A) Participate as observers on the United 
States delegation at dispute settlement panel 
meetings of the World Trade Organization. 
(B) Evaluate each World Trade Organiza-
tion decision with respect to which the United 
States is a participant. In any case in which the 
United States does not prevail, evaluate the de-
cision and in any case in which the United 
States does prevail, measure the commercial re-
sults of that decision.
(C) Evaluate each dispute resolution pro-
ceeding under the North American Free Trade 
Agreement. In any case in which the United 
States does not prevail, evaluate the decision 
and in any case in which the United States does 
prevail, measure the commercial results of that 
decision. 
(D) Participate as observers in other dis-
pute settlement proceedings that the Chairman 
and Ranking Member of the Committee on Fi-
nance and the Chairman and Ranking Member 
of the Committee on Ways and Means deem ap-
propriate. 
(5) PARTICIPATION IN TRADE NEGOTIATIONS.— 
To participate as observers in selected bilateral, re-
gional, and multilateral trade negotiations. 
(6) OTHER FUNCTIONS OF THE OFFICE.— 
(A) To provide the Committee on Finance 
and the Committee on Ways and Means with 
quarterly reports regarding the activities of the 
Office. 
(B) To be available for consultation with 
congressional committees on trade-related legis-
lation.
(C) To receive and review classified infor-
mation and participate in classified briefings in 
the same manner as the staff of the Committee 
on Finance and the Committee on Ways and 
Means. 
(D) To consult nongovernmental experts 
and utilize nongovernmental resources. 
(E) To perform such other functions as 
the Chairman and Ranking Member of the 
Committee on Finance and the Chairman and 
Ranking Member of the Committee on Ways 
and Means may request. 
(d) DIRECTOR AND STAFF.— 
(1) DIRECTOR.— 
(A) IN
GENERAL.—The Office shall be 
headed by a Director. The Director shall be ap-
pointed by the Speaker of the House of Rep-
resentatives and the President pro tempore of 
the Senate after considering the recommenda-
tions of the Chairman and Ranking Member of 
the Committee on Finance of the Senate and 
the Chairman and Ranking Member of the 
Committee on Ways and Means of the House of 
Representatives. The Director shall be chosen 
without regard to political affiliation and solely
on the basis of the Director’s expertise and fit-
ness to perform the duties of the Director. 
(B) TERM.—The term of office of the Di-
rector shall be 5 years and the Director may be 
reappointed for subsequent terms. 
(C) VACANCY.—Any individual appointed 
to fill a vacancy prior to the expiration of a 
term shall serve only for the unexpired portion 
of that term. 
(D) REMOVAL.—The Director may be re-
moved by either House by resolution. 
(E) COMPENSATION.—The Director shall 
receive compensation at a per annum gross rate 
equal to the rate of basic pay, as in effect from 
time to time, for level III of the Executive 
Schedule under section 5314 of title 5, United 
States Code. 
(2) STAFF.— 
(A) IN GENERAL.—The Director shall ap-
point and fix the compensation of such per-
sonnel as may be necessary to carry out the du-
ties and functions of the Office. All personnel 
shall be appointed without regard to political 
affiliation and solely on the basis of their fit-
ness to perform their duties. The personnel of
the Office shall consist of individuals with ex-
pertise in international trade, including exper-
tise in economics, trade law, various industrial 
sectors, and various geographical regions. 
(B) BENEFITS.—For purposes of pay 
(other than the pay of the Director) and em-
ployment, benefits, rights, and privileges, all 
personnel of the Office shall be treated as if 
they were employees of the House of Represent-
atives. 
(3) EXPERTS AND CONSULTANTS.—In carrying 
out the duties and functions of the Office, the Direc-
tor may procure the temporary (not to exceed 1 
year) or intermittent services of experts or consult-
ants or organizations thereof by contract as inde-
pendent contractors, or, in the case of individual ex-
perts or consultants, by employment at rates of pay 
not in excess of the daily equivalent of the highest 
rate of basic pay payable under the General Sched-
ule under section 5332 of title 5, United States 
Code. 
(4) RELATIONSHIP TO EXECUTIVE BRANCH.— 
The Director is authorized to secure information, 
data, estimates, and statistics directly from the var-
ious departments, agencies, and establishments of
the executive branch of Government and the regu-
latory agencies and commissions of the Government. 
All such departments, agencies, establishments, and 
regulatory agencies and commissions shall furnish 
the Director any available material which the Direc-
tor determines to be necessary in the performance of 
his or her duties and functions (other than material 
the disclosure of which would be a violation of law). 
The Director is also authorized, upon agreement 
with the head of any such department, agency, es-
tablishment, or regulatory agency or commission, to 
utilize its services and facilities with or without re-
imbursement; and the head of each such depart-
ment, agency, establishment, or regulatory agency or 
commission is authorized to provide the Office such 
services and facilities. 
(5) RELATIONSHIP
TO
OTHER
AGENCIES
OF 
CONGRESS.—In carrying out the duties and func-
tions of the Office, and for the purpose of coordi-
nating the operations of the Office with those of 
other congressional agencies with a view to utilizing 
most effectively the information, services, and capa-
bilities of all such agencies in carrying out the var-
ious responsibilities assigned to each, the Director is 
authorized to obtain information, data, estimates,
and statistics developed by the General Accounting 
Office, the Library of Congress, and other offices of 
Congress, and (upon agreement with them) to utilize 
their services and facilities with or without reim-
bursement. The Comptroller General, the Librarian 
of Congress, and the head of other offices of Con-
gress are authorized to provide the Office with the 
information, data estimates, statistics, services, and 
facilities referred to in the preceding sentence. 
SEC. 703. PUBLIC ACCESS TO DATA. 
(a) RIGHT TO COPY.—Except as provided in sub-
sections (b) and (c), the Director shall make all informa-
tion, data, estimates, and statistics obtained under this 
title available for public copying during normal business 
hours, subject to reasonable rules and regulations, and 
shall to the extent practicable, at the request of any per-
son, furnish a copy of any such information, data, esti-
mates, or statistics upon payment by such person of the 
cost of making and furnishing such copy. 
(b) EXCEPTIONS.—Subsection (a) of this section 
shall not apply to information, data, estimates, and statis-
tics— 
(1) which are specifically exempted from disclo-
sure by law; or
(2) which the Director determines will dis-
close— 
(A) matters necessary to be kept secret in 
the interests of national defense or the con-
fidential conduct of the foreign relations of the 
United States; 
(B) information relating to trade secrets or 
financial or commercial information pertaining 
specifically to a given person if the information 
has been obtained by the Government on a con-
fidential basis, other than through an applica-
tion by such person for a specific financial or 
other benefit, and is required to be kept secret 
in order to prevent undue injury to the competi-
tive position of such person; or 
(C) personnel or medical data or similar 
data the disclosure of which would constitute a 
clearly unwarranted invasion of personal pri-
vacy; 
unless the portions containing such matters, information, 
or data have been excised. 
(c) INFORMATION OBTAINED FOR COMMITTEES AND 
MEMBERS.—Subsection (a) of this section shall apply to 
any information, data, estimates, and statistics obtained 
at the request of any committee, joint committee, or Mem-
ber unless such committee, joint committee, or Member 
of Congress has instructed the Director not to make such 
information, data, estimates, or statistics available for 
public copying. 
SEC. 704. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Office 
for each fiscal year such sums as may be necessary to en-
able it to carry out its duties and functions. Until sums 
are first appropriated pursuant to the preceding sentence, 
for a period not to exceed 12 months following the effec-
tive date of this title, the expenses of the Office shall be 
paid from the contingent fund of the Senate, in accordance 
with the provisions of the paragraph relating to contingent 
funds under the heading ‘‘UNDER LEGISLATIVE’’ in 
the Act of October 2, 1888 (25 Stat. 546; 2 U.S.C. 68), 
and upon vouchers approved by the Director. 
Æ