(4) Procedures for investigating waiver re-
quests. 
(5) Rules for evaluating the percentage of do-
mestic content in a manufactured end product. 
(b) GUIDELINES
RELATING
TO
INCONSISTENCY 
WITH PUBLIC INTEREST.—In the guidelines developed 
under subsection (a)(1), the Administrator shall consider 
any significant decrease in employment in the United 
States resulting from the granting of waivers to be incon-
sistent with the public interest and seek to minimize— 
(1) the granting of waivers that would result in 
a decrease in employment in the United States in 
both the short- and long-term; and 
(2) the granting of waivers for procurement of 
articles, materials, or supplies mined, produced, or 
manufactured in a foreign country with which the 
United States does not have a relevant trade agree-
ment and which has a government that maintains, 
in regard to government procurement, a significant 
and persistent pattern or practice of discrimination 
against products produced in the United States. 
(c) PROCEDURES RELATING TO THE PUBLICATION 
OF REQUESTS FOR WAIVERS.—In the procedures devel-
oped under subsection (a)(2)(A), the Administrator shall 
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require the head of a Federal agency, after receiving a 
request for a waiver, to complete each of the following: 
(1) Publish the request for a waiver on a pub-
licly available Web site of the agency in an easily 
identifiable location within 15 days after receiving 
such request. 
(2) A waiver may not be issued before the expi-
ration of the fifteen-day period beginning on the 
date on which the request for waiver is published 
pursuant to paragraph (1) to provide the public an 
opportunity for notice and comment. 
(d) PROCEDURES RELATING TO THE PUBLICATION 
OF WAIVERS GRANTED.—In the procedures developed 
under subsection (a)(2)(B), the Administrator shall re-
quire the head of a Federal agency to publish the deter-
mination for why a waiver was granted and the rationale 
for such determination in the Federal Register and on a 
publicly available Web site of the agency in an easily iden-
tifiable location not later than 30 days after the head of 
the agency determines to issue such waiver. 
(e) RULES RELATING TO DOMESTIC CONTENT.—In 
the rules developed under subsection (a)(5), the Adminis-
trator shall not consider as domestic content components 
of foreign origin of the same class or kind as those that 
are not mined, produced, or manufactured in the United 
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States in sufficient and reasonably available commercial 
quantities of a satisfactory quality. 
(f) DEFINITIONS.—In this section: 
(1) 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. 
(2) RELEVANT TRADE AGREEMENT.—The term 
‘‘relevant trade agreement’’ means— 
(A) a reciprocal defense procurement 
memorandum of understanding, as described in 
section 8304 of title 41, United States Code; 
(B) any trade agreement for which the 
President, or his delegate, has issued a blanket 
waiver under section 301 of the Trade Agree-
ments Act of 1979 (19 U.S.C. 2511); and 
(C) any trade agreement described in sub-
part 25.4 of the Federal Acquisition Regula-
tion. 
(3) WAIVER.—The term ‘‘waiver’’ means, with 
respect to the acquisition of an article, material, or 
supply for public use, the inapplicability of chapter 
83 of title 41, United States Code, to the acquisition 
by reason of any of the following determinations: 
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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. 
SEC. 
3. 
INCREASING 
TRANSPARENCY 
AND 
ACCOUNT-
ABILITY IN FEDERAL PROCUREMENT. 
Subsection (b) of section 8302 of title 41, United 
States Code, is amended to read as follows: 
‘‘(b) REPORTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) AGENCY
REPORT.—Not later than 
120 days after the end of each of fiscal years 
2011 through 2016, the head of each Federal 
agency shall submit to the Administrator of the 
Office of Federal Procurement Policy a report 
on the amount of the acquisitions made by the 
agency in that fiscal year of articles, materials, 
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or supplies purchased from entities that manu-
facture the articles, materials, or supplies out-
side of the United States. A separate report is 
not required by a Federal agency under this 
subparagraph if such agency has already sub-
mitted the information required in such report 
for a fiscal year through the Federal Procure-
ment Data System (as referred to in section 
1122(a)(4)(A)) or another uniform comprehen-
sive system prescribed by the Federal Acquisi-
tion Regulation. 
‘‘(B) CONSOLIDATED REPORT.—Not later 
than 180 days after the end of each of fiscal 
years 2011 through 2016, the Administrator of 
the Office of Federal Procurement Policy, in 
consultation with the Administrator of the Gen-
eral Services, shall submit to the Committee on 
Homeland Security and Governmental Affairs 
of the Senate and the Committee on Oversight 
and Government Reform of the House of Rep-
resentatives a consolidated report that includes 
each report and any information submitted pur-
suant to subparagraph (A) and the total 
amount of acquisitions made by Federal agen-
cies in the relevant fiscal year of articles, mate-
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rials, or supplies purchased from entities that 
manufacture or produce the articles, materials, 
or supplies outside of the United States. 
‘‘(2) CONTENTS OF REPORT.—The report re-
quired by paragraph (1)(A) shall separately include, 
for the fiscal year covered by the report— 
‘‘(A) the dollar value of any articles, mate-
rials, or supplies that were manufactured or 
produced outside the United States, in the ag-
gregate and by country; 
‘‘(B) an itemized list of all waivers granted 
with respect to such articles, materials, or sup-
plies under this chapter, and the country where 
such articles, materials, or supplies were manu-
factured or produced; 
‘‘(C) if any articles, materials, or supplies 
were acquired from entities that manufacture or 
produce articles, materials, or supplies outside 
the United States due to an exception (that is 
not the micro-purchase threshold exception de-
scribed under subsection (a)(2)(C)), the specific 
exception that was used to purchase such arti-
cles, materials, or supplies; 
‘‘(D) if any articles, materials, or supplies 
were acquired from entities that manufacture or 
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‘‘(4) EXCEPTION FOR INTELLIGENCE COMMU-
NITY.—This subsection shall 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. 401a).’’. 
SEC. 4. STRENGTHENING THE BUY AMERICAN ACT. 
(a) REQUIREMENTS FOR WAIVERS.—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) CALCULATION OF DOMESTIC AND NON-DO-
MESTIC BIDS.— 
‘‘(A) EXCLUSION OF START-UP COSTS IN 
CALCULATING COST OF BID.—When comparing 
bids between domestic entities and non-domes-
tic entities, costs related to the start-up of a 
project shall be excluded from a domestic bid. 
‘‘(B) UNREASONABLE
COST
DETERMINA-
TION.— 
‘‘(i) IN
GENERAL.—The head of a 
Federal agency shall not determine the 
cost of acquiring articles, materials, or 
supplies produced or manufactured in the 
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United States to be unreasonable under 
subsection (a) unless the acquisition of 
such articles, materials, or supplies would 
increase the cost of the overall project by 
more than 25 percent. 
‘‘(ii) 
RULE
OF
CONSTRUCTION.— 
Nothing in this subparagraph shall be con-
strued as reducing the percentage increase 
required as of the date of the enactment of 
the Buy American Improvement Act of 
2011 for a determination of unreasonable 
cost applicable to projects under Depart-
ment of Defense contracts. 
‘‘(2) 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 in 
which the articles, materials, or supplies are to 
be acquired for use outside the United States 
and are not needed on an urgent basis, before 
entering into a contract an analysis shall be 
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made of the difference in the cost of acquiring 
the articles, materials, or supplies from a com-
pany manufacturing the articles, materials, or 
supplies in the United States (including the 
cost of shipping) and the cost of acquiring the 
articles, materials, or supplies from a company 
manufacturing the articles, materials, or sup-
plies outside the United States (including the 
cost of shipping). 
‘‘(3) 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 
determined that— 
‘‘(A) domestic production cannot be initi-
ated without significantly delaying the project 
for which the article, material, or supply is to 
be procured; and 
‘‘(B) a substitutable article, material, or 
supply is not available in reasonable quantities 
and of satisfactory quality from a company in 
the United States.’’. 
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(b) DEFINITIONS; INCREASING DOMESTIC CONTENT 
REQUIREMENT.—Section 8301 of title 41, United States 
Code, is amended— 
(1) by adding at the end the following new 
paragraphs: 
‘‘(3) EXCEPTION.—The term ‘exception’ means, 
with respect to the acquisition of an article, mate-
rial, or supply for public use, the inapplicability of 
chapter 83 to the acquisition by reason of any of the 
following: 
‘‘(A) Use outside the United States (de-
scribed in section 8302(a)(2)(A)). 
‘‘(B) Procured under a contract with an 
award value that is not more than the micro- 
purchase 
threshold 
(described 
in 
section 
8302(a)(2)(C)). 
‘‘(C) Specifically excepted for information 
technology (as defined in section 11101 of title 
40) that is a commercial item (as defined in 
section 103). 
‘‘(D) A relevant trade agreement. 
‘‘(4) FEDERAL
AGENCY.—The term ‘Federal 
agency’ means any executive agency (as defined in 
section 133) or any establishment in the legislative 
or judicial branch of the Federal Government. 
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‘‘(5) RELEVANT
TRADE
AGREEMENT.—The 
term ‘relevant trade agreement’ means— 
‘‘(A) a reciprocal defense procurement 
memorandum of understanding, as described in 
section 8304 of title 41, United States Code; 
‘‘(B) any trade agreement for which the 
President, or his delegate, has issued a blanket 
waiver under section 301 of the Trade Agree-
ments Act of 1979 (19 U.S.C. 2511); and 
‘‘(C) any trade agreement described in 
subpart 25.4 of the Federal Acquisition Regula-
tion. 
‘‘(6) SUBSTANTIALLY ALL.—Articles, materials, 
or supplies shall be treated as made substantially all 
from articles, materials, or supplies mined, pro-
duced, 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. Such percentage shall not include intellec-
tual property rights, legal fees, and any cost not re-
lated to physical production or transportation. 
‘‘(7) WAIVER.—The term ‘waiver’ means, with 
respect to the acquisition of an article, material, or 
supply for public use, the inapplicability of this 
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chapter to the acquisition by reason of any of the 
following determinations: 
‘‘(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.’’; and 
(2) by reordering paragraphs (1) and (2) and 
the paragraphs added by paragraph (1) of this sub-
section in alphabetical order based on the headings 
of such paragraphs and renumbering such para-
graphs as so reordered. 
(c) CONFORMING AMENDMENTS.—Title 41, United 
States Code, is amended— 
(1) in section 8302(a)(1), by striking ‘‘depart-
ment or independent establishment’’ and inserting 
‘‘Federal agency’’; and 
(2) in section 8303— 
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(A) in subsection (b)— 
(i) in paragraph (2), by striking ‘‘de-
partment or independent establishment’’ 
and inserting ‘‘Federal agency’’; and 
(ii) in paragraph (3), by striking ‘‘de-
partment or independent establishment’’ 
and inserting ‘‘Federal agency’’; and 
(B) in subsection (c), by striking ‘‘depart-
ment, bureau, agency, or independent establish-
ment’’ and inserting ‘‘Federal agency’’, each 
place it appears. 
(d) INFLATION ADJUSTMENT EXCLUSION.—Section 
1908(b)(2)(A) of title 41, United States Code, is amended 
by striking ‘‘chapter 67’’ and inserting ‘‘chapters 67 and 
83’’. 
SEC. 5. GAO REPORT AND RECOMMENDATION. 
Not later than one year after the date of the enact-
ment of this Act, the Comptroller General shall report to 
Congress on the extent to which, in each of fiscal years 
2007, 2008, 2009, 2010, and 2011, articles, materials, or 
supplies acquired by the Federal Government were manu-
factured, mined, or produced outside of the United States. 
Such report shall include for each Federal agency the fol-
lowing: 
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(1) A summary of total procurement funds ex-
pended on articles, materials, and supplies manufac-
tured— 
(A) inside the United States; 
(B) outside the United States; and 
(C) outside the United States— 
(i) under each type of waiver (as de-
fined under section 2(f) of this Act); 
(ii) under each category of exception 
(as defined in section 8301 of title 41, 
United States Code); and 
(iii) for each country that manufac-
tured or produced such articles, materials, 
and supplies. 
(2) An analysis of the impact of eliminating the 
exception for acquisitions for information technology 
(as defined in section 11101 of title 40) that is a 
commercial item (as defined in section 103). 
SEC. 6. 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. 
Æ 
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