(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 
2013 through 2018, the head of each Federal 
agency shall submit to the Administrator for 
Federal Procurement Policy a report on the 
amount of the acquisitions made by the agency 
in that fiscal year of articles, materials, or sup-
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plies purchased from entities that manufacture 
the articles, materials, or supplies outside of the 
United States. A separate report is not required 
by a Federal agency under this subparagraph if 
such agency has already submitted the informa-
tion required in such report for a fiscal year 
through the Federal Procurement Data System 
(as referred to in section 1122(a)(4)(A)) or an-
other uniform comprehensive system prescribed 
by the Federal Acquisition Regulation. 
‘‘(B) CONSOLIDATED REPORT.—Not later 
than 180 days after the end of each of fiscal 
years 2011 through 2016, the Administrator 
for Federal Procurement Policy, in consultation 
with the Administrator of General Services, 
shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Sen-
ate and the Committee on Oversight and Gov-
ernment Reform of the House of Representa-
tives a consolidated report that includes each 
report and any information submitted pursuant 
to subparagraph (A) and the total amount of 
acquisitions made by Federal agencies in the 
relevant fiscal year of articles, materials, or 
supplies purchased from entities that manufac-
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ture or produce the articles, materials, or sup-
plies 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 
produce articles, materials, or supplies outside 
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the United States pursuant to a relevant trade 
agreement, a citation to such agreement; and 
‘‘(E) a summary of— 
‘‘(i) the total procurement funds ex-
pended on articles, materials, and supplies 
manufactured or produced inside the 
United States; 
‘‘(ii) the total procurement funds ex-
pended on articles, materials, and supplies 
manufactured or produced outside the 
United States; and 
‘‘(iii) the total procurement funds ex-
pended on articles, materials, and supplies 
manufactured or produced outside the 
United States for each country that manu-
factured or produced such articles, mate-
rials, and supplies. 
‘‘(3) PUBLIC
AVAILABILITY.—Not later than 
180 days after the end of the relevant fiscal year, 
the Administrator for Federal Procurement Policy 
shall make the consolidated report described under 
paragraph (1)(B) publicly available on a website. 
‘‘(4) EXCEPTION FOR INTELLIGENCE COMMU-
NITY.—This subsection shall not apply to acquisi-
tions made by an agency, or component of an agen-
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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 
United States to be unreasonable under 
subsection (a) unless the acquisition of 
such articles, materials, or supplies would 
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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 
2013 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 
made of the difference in the cost of acquiring 
the articles, materials, or supplies from a com-
pany manufacturing the articles, materials, or 
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ticle, material, or supply for public use, the in-
applicability of chapter 83 to the acquisition by 
reason of any of the following: 
‘‘(i) Use outside the United States 
(described in section 8302(a)(2)(A)). 
‘‘(ii) Procured under a contract with 
an award value that is not more than the 
micro-purchase threshold (described in sec-
tion 8302(a)(2)(C)). 
‘‘(iii) Specifically excepted for infor-
mation technology (as defined in section 
11101 of title 40) that is a commercial 
item (as defined in section 103). 
‘‘(iv) A relevant trade agreement. 
‘‘(B) WAIVER.—The term ‘waiver’ means, 
with respect to the acquisition of an article, ma-
terial, or supply for public use, the inapplica-
bility of this chapter to the acquisition by rea-
son of any of the following determinations: 
‘‘(i) A determination by the head of 
the Federal agency concerned that the ac-
quisition is inconsistent with the public in-
terest. 
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‘‘(ii) A determination by the head of 
the Federal agency concerned that the cost 
of the acquisition is unreasonable. 
‘‘(iii) A determination by the head of 
the Federal agency concerned that the ar-
ticle, material, or supply is not mined, pro-
duced, or manufactured in the United 
States in sufficient and reasonably avail-
able commercial quantities of a satisfactory 
quality.’’. 
(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) 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. 
‘‘(4) 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; 
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‘‘(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. 
‘‘(5) 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.’’; 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 
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(2) in section 8303— 
(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 
2009, 2010, 2011, 2012, and 2013, 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 in section 2(f) of this Act); 
(ii) under each category of exception 
(as defined in section 8301 of title 41, 
United States Code, as added by section 
4(b)(1) of this Act); 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, United 
States Code) that is a commercial item (as defined 
in section 103 of title 41, United States Code). 
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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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