I 
111TH CONGRESS 
2D SESSION 
H. R. 4553 
To amend the Buy American Act with respect to certain waivers under 
that Act, to provide greater transparency regarding exceptions to domes-
tic sourcing requirements, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 2, 2010 
Mr. MURPHY of Connecticut (for himself, Ms. SUTTON, Mr. SCHAUER, and 
Mr. LIPINSKI) introduced the following bill; which was referred to the 
Committee on Oversight and Government Reform 
A BILL 
To amend the Buy American Act with respect to certain 
waivers under that Act, to provide greater transparency 
regarding exceptions to domestic sourcing requirements, 
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 ‘‘21st Century Buy 
American Act’’. 
SEC. 2. GRANTS TO DOMESTIC MANUFACTURERS. 
(a) PROGRAM AUTHORIZED.—The Secretary of Com-
merce is authorized to establish and carry out a program 
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to award grants to eligible entities in accordance with this 
section. 
(b) ELIGIBILITY REQUIREMENTS.—The Secretary of 
Commerce shall establish eligibility requirements for pur-
poses of the grants under this section in order to provide 
assistance to any entity that— 
(1) is a manufacturer in the United States; 
(2) is a firm certified as eligible to apply for ad-
justment assistance under section 251(c) of the 
Trade Act of 1974 (19 U.S.C. 2341(c)); and 
(3) meets one of the following criteria: 
(A) The entity mines, produces, or manu-
factures a nonavailable item. 
(B) The entity is the last remaining manu-
facturer of an item in the United States, as de-
termined by the Secretary of Commerce, and 
can prove hardship because of foreign competi-
tion. 
(C) The entity is the last remaining manu-
facturer of an item in the United States and 
that item is considered to be vital for national 
security purposes by the Department of De-
fense or another department or agency of the 
United States. 
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(c) AMOUNT OF GRANT.—The amount of any grant 
under this section may not exceed $5,000,000 per entity. 
(d) USE OF FUNDS.— 
(1) IN GENERAL.—Each eligible entity receiving 
a grant under this section shall use the grant funds 
for any of the following purposes: 
(A) Increasing its ability to compete for a 
Government contract for a nonavailable item. 
(B) Increasing its ability to produce a non-
available item. 
(C) Increasing its capacity to produce 
items that are vital to national security. 
(D) Increasing its capacity to create addi-
tional or retain existing jobs. 
(E) Modernizing or renovating existing 
manufacturing 
facilities 
using 
domestically 
made equipment. 
(F) Covering costs associated with obtain-
ing access to adjustment assistance under chap-
ter 3 of title II of the Trade Act of 1974 (19 
U.S.C. 2341 et seq.). 
(2) LIMITATION.—No funds in a grant awarded 
under this section may be used for profits of an eli-
gible entity. 
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(e) APPLICATION REQUIREMENTS.—To receive a 
grant under this section, an eligible entity shall submit 
an application to the Secretary of Commerce at such time, 
in such manner, and containing such information as the 
Secretary may require. At a minimum, the application 
shall include a statement regarding the number of direct 
full-time domestic jobs expected to be created or retained 
as a result of the grant, but such statement shall not be 
the sole factor used in determining the award of the grant. 
(f) ANNUAL EVALUATION OF GRANT RECIPIENTS BY 
DEPARTMENT OF COMMERCE.—The Secretary of Com-
merce each year shall evaluate recipients of grants under 
this section to determine the proper allocation of grant 
funds. 
(g) DEFINITION OF NONAVAILABLE ITEM.—In this 
section, the term ‘‘nonavailable item’’ means an article, 
material, or supply— 
(1) that has been determined by a Federal 
agency, pursuant to the Buy American Act (41 
U.S.C. 10a et seq.), to not be mined, produced, or 
manufactured in the United States in sufficient and 
reasonably available commercial quantities of a sat-
isfactory quality; 
(2) that has been subject to a waiver under sec-
tion 1605 of the American Recovery and Reinvest-
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ment Act of 2009 (Public Law 111–5; 123 Stat. 
303); or 
(3) that is listed on the list of nonavailable arti-
cles under subpart 25.104 of the Federal Acquisition 
Regulation. 
SEC. 3. REQUIREMENTS RELATING TO CERTAIN WAIVERS 
OF BUY AMERICAN ACT. 
(a) SPECIAL RULES RELATING TO CERTAIN WAIV-
ERS.—Section 2 of the Buy American Act (41 U.S.C. 10a) 
is amended by adding at the end the following new sub-
section: 
‘‘(c) SPECIAL RULES.—The following rules apply in 
carrying out the provisions of subsection (a): 
‘‘(1) 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). 
‘‘(2) EFFECT ON DOMESTIC EMPLOYMENT.—In 
determining whether a public interest waiver, or 
waiver for use outside the United States, shall be 
granted under subsection (a), the head of a Federal 
agency shall— 
‘‘(A) consider the short-term and long- 
term effects of granting such a waiver on em-
ployment within the United States, taking into 
account information provided by entities that 
manufacture the articles, materials, or supplies 
concerned in the United States; and 
‘‘(B) determine that preserving or increas-
ing employment within the United States is 
consistent with the public interest.’’. 
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(b) DEFINITION.—Section 1 of the Buy American 
Act (41 U.S.C. 10c) is amended by adding at the end the 
following new subsection: 
‘‘(c) SUBSTANTIALLY ALL.—Articles, materials, or 
supplies shall be treated as made substantially all from 
articles, materials, or supplies mined, produced, or manu-
factured in the United States, if the cost of the domestic 
components of such articles, materials, or supplies exceeds 
60 percent of the total cost of all components of such arti-
cles, materials, or supplies.’’. 
SEC. 4. TRANSPARENCY REQUIREMENTS. 
(a) REQUIREMENT
FOR
AGENCIES
TO
NOTIFY 
OMB.—Each agency that applies an exception to the Buy 
American Act (41 U.S.C. 10a et seq.) shall submit to the 
Director of the Office of Management and Budget a notifi-
cation of the application of the exception and a statement 
describing the procurement and the exception being ap-
plied. 
(b) REQUIREMENT FOR DIRECTOR OF OMB TO POST 
ON WEB SITE.—Within 7 days after receipt of any notifi-
cation under subsection (a), the Director of the Office of 
Management and Budget shall post the notification on a 
central, publicly accessible Web site of the Office. 
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(c) DEFINITION OF AGENCY.—In this section, the 
term ‘‘agency’’ has the meaning given under section 551 
of title 5, United States Code. 
SEC. 5. REQUIREMENT FOR ANNUAL REPORT BY COMP-
TROLLER GENERAL ON EXCEPTIONS TO BUY 
AMERICAN 
ACT 
AND 
OTHER 
DOMESTIC 
SOURCE REQUIREMENTS. 
(a) REPORT REQUIREMENT.— 
(1) IN GENERAL.—Not later than 60 days after 
the end of a fiscal year, the Comptroller General of 
the United States shall submit to Congress a report 
on the amount of the acquisitions made by each 
agency in that fiscal year of articles, materials, or 
supplies purchased from entities that manufacture 
the articles, materials, or supplies outside of the 
United States. 
(2) CONTENTS
OF
REPORT.—The report re-
quired by paragraph (1) shall separately include, for 
the fiscal year covered by such report— 
(A) the dollar value of any articles, mate-
rials, or supplies that were manufactured out-
side the United States; 
(B) an itemized list of all waivers granted 
with respect to such articles, materials, or sup-
plies under the Buy American Act (41 U.S.C. 
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10a et seq.), section 1605(a) of the American 
Recovery and Reinvestment Act of 2009 (123 
Stat. 303), or any other law that requires pro-
curement of goods or services from a domestic 
source, and a citation to the treaty, inter-
national agreement, or other law under which 
each waiver was granted; 
(C) if any articles, materials, or supplies 
were acquired from entities that manufacture 
articles, materials, or supplies outside the 
United States, the specific exception under sec-
tion 2 of the Buy American Act (41 U.S.C. 
10a), section 1605(a) of the American Recovery 
and Reinvestment Act of 2009 (123 Stat. 303), 
or any other law that requires procurement of 
goods or services from a domestic source, that 
was used to purchase such articles, materials, 
or supplies; and 
(D) a summary of— 
(i) the total procurement funds ex-
pended on articles, materials, and supplies 
manufactured inside the United States; 
and 
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(ii) the total procurement funds ex-
pended on articles, materials, and supplies 
manufactured outside the United States. 
(b) PUBLIC AVAILABILITY.—The Comptroller Gen-
eral shall make the report publicly available to the max-
imum extent practicable. 
(c) EXCEPTION FOR INTELLIGENCE COMMUNITY.— 
The report required under this section shall not cover ac-
quisitions made by an agency, or component thereof, that 
is an element of the intelligence community as specified 
in, or designated under section 3(4) of the National Secu-
rity Act of 1947 (50 U.S.C. 401a(4)). 
(d) DEFINITION OF AGENCY.—In this section, the 
term ‘‘agency’’ has the meaning given under section 551 
of title 5, United States Code. 
Æ 
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