I 
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 Amer-
ican Act, 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. 
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— 
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(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) 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.’’. 
(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 COM-
PLY 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 
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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 de-
scribed 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 REQUIRE-
MENT. 
(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 para-
graph: 
‘‘(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. 
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