I 
115TH CONGRESS 
2D SESSION 
H. R. 6907 
To strengthen Buy American requirements, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 26, 2018 
Mr. LIPINSKI (for himself and Mr. BOST) introduced the following bill; which 
was referred to the Committee on Oversight and Government Reform, 
and in addition to the Committee on Ways and Means, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To strengthen Buy American 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 ‘‘BuyAmerican.gov Act 
of 2018’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) BUY
AMERICAN
LAW.—The term ‘‘Buy 
American Law’’ means any law, regulation, Execu-
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tive order, regulation, or rule relating to Federal 
contracts or grants that requires or provides a pref-
erence for the purchase or use of goods, products, or 
materials mined, produced, or manufactured in the 
United States, including— 
(A) chapter 83 of title 41, United States 
Code (commonly referred to as the ‘‘Buy Amer-
ican Act’’); 
(B) section 5323(j) of title 49, United 
States Code (commonly referred to as the ‘‘Buy 
America Act’’); 
(C) section 2533a of title 10, United 
States Code (commonly referred to as the 
‘‘Berry Amendment’’); 
(D) section 2533b of title 10, United 
States Code; and 
(E) section 604 of the American Recovery 
and Reinvestment Act of 2009 (6 U.S.C. 453b). 
(2) EXECUTIVE AGENCY.—The term ‘‘executive 
agency’’ has the meaning given the term in section 
133 of title 41, United States Code. 
SEC. 3. SENSE OF CONGRESS ON BUYING AMERICAN. 
It is the sense of Congress that— 
(1) every executive agency should maximize, 
through terms and conditions of Federal financial 
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assistance awards and Federal procurements, the 
use of goods, products, and materials produced in 
the United States and contracts for outsourced gov-
ernment service contracts to be performed by United 
States nationals; and 
(2) every executive agency should scrupulously 
monitor, enforce, and comply with Buy American 
Laws, to the extent they apply, and minimize the 
use of waivers. 
SEC. 4. REPORT ON BUY AMERICAN COMPLIANCE EF-
FORTS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, and annually thereafter 
for two years, the Secretary of Commerce, in consultation 
with the Director of the Office of Management and Budg-
et, the United States Trade Representative, the Secretary 
of State, and the heads of other executive agencies, shall 
submit to Congress and the President a report on the im-
plementation of, and compliance with, Buy American laws. 
(b) ELEMENTS.—The report required under sub-
section (a) shall include the following elements: 
(1) An assessment of the monitoring of, en-
forcement of, implementation of, and compliance 
with Buy American Laws within each executive 
agency. 
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(2) A listing of each waiver and exception used 
by an executive agency and an assessment of waivers 
by type and impact on domestic jobs and manufac-
turing. 
(3) Recommendations for policies for executive 
agencies to ensure that, to the extent permitted by 
law, Federal financial assistance awards and Federal 
contacts maximize the use of goods, products, and 
materials mined, produced, and manufactured in the 
United States, including manufactured products, 
components of manufactured products, and mate-
rials such as steel, iron, aluminum, and cement and 
services. 
(c) AGENCY REPORTS.—Not later than 180 days 
after the date of the enactment of this Act, and annually 
thereafter for two years, the head of each executive agency 
shall submit to the Secretary of Commerce and the Direc-
tor of the Office of Management and Budget a report on 
the implementation of, and compliance with, Buy Amer-
ican laws and covering with respect to that agency the ele-
ments set forth in subsection (b). 
(d) GUIDANCE.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Com-
merce and the Director of the Office of Management and 
Budget, in consultation with the Secretary of State, the 
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Secretary of Labor, the United States Trade Representa-
tive, and the Federal Acquisition Regulatory Council, shall 
issue guidance to executive agencies regarding how to 
make the required waiver assessments and develop the 
policies required under this section. 
SEC. 5. ASSESSMENT OF IMPACT OF FREE TRADE AGREE-
MENTS. 
Not later than 150 days after the date of the enact-
ment of this Act, the Secretary of Commerce and the 
United States Trade Representative shall assess the im-
pacts of all United States free trade agreements and the 
World Trade Organization Agreement on Government 
Procurement on the operation of Buy American Laws, in-
cluding their impacts on the implementation of domestic 
procurement preferences. 
SEC. 6. JUDICIOUS USE OF WAIVERS. 
(a) IN GENERAL.—To the extent permitted by law, 
public interest waivers from Buy American Laws shall be 
construed to ensure the maximum utilization of goods, 
products, and materials produced in the United States. 
(b) PUBLIC INTEREST WAIVER DETERMINATIONS.— 
To the extent permitted by law, determination of public 
interest waivers shall be made by the head of the agency 
with the authority over the Federal financial assistance 
award or Federal procurement under consideration. 
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