I 
115TH CONGRESS 
2D SESSION 
H. R. 4812 
To amend chapter 83 of title 41, United States Code (popularly referred 
to as the Buy American Act) and certain other laws with respect to 
certain waivers under those laws, to provide greater transparency regard-
ing exceptions to domestic sourcing requirements, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 17, 2018 
Mr. CICILLINE introduced the following bill; which was referred to the Com-
mittee on Oversight and Government Reform, and in addition to the 
Committees on Transportation and Infrastructure, and Financial Serv-
ices, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To amend chapter 83 of title 41, United States Code (popu-
larly referred to as the Buy American Act) and certain 
other laws with respect to certain waivers under those 
laws, to provide greater transparency regarding excep-
tions 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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘21st Century Buy 
American Act’’. 
SEC. 2. INCREASE OF DOMESTIC CONTENT PERCENTAGE 
TO 60 PERCENT. 
Section 8301 of title 41, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(3) 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 60 percent of the total 
cost of all components of such articles, materials, or 
supplies.’’. 
SEC. 3. CRITERIA REQUIRED FOR USE OF OVERSEAS EX-
CEPTION. 
Section 8302 of title 41, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c) CRITERIA
FOR USE
OF OVERSEAS EXCEP-
TION.— 
‘‘(1) IN GENERAL.—The exception under sub-
section (a)(2)(A) for articles, materials, or supplies 
to be acquired for use outside the United States may 
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not be used unless one of the following criteria is 
met: 
‘‘(A) The articles, materials, or supplies 
are needed urgently for national security rea-
sons. 
‘‘(B) A cost analysis described in para-
graph (2) demonstrates that the articles, mate-
rials, or supplies to be acquired (if acquired 
from a firm manufacturing in the United 
States) would be more than 50 percent more 
expensive for the Federal agency acquiring the 
articles, materials, or supplies. 
‘‘(2) COST ANALYSIS.—In any case in which ar-
ticles, materials, or supplies are to be acquired for 
use outside the United States and are not needed 
urgently for national security reasons, before enter-
ing into a contract an analysis shall be made of the 
difference in the cost of acquiring the articles, mate-
rials, or supplies from a firm manufacturing the ar-
ticles, materials, or supplies in the United States 
(including the cost of shipping) and the cost of ac-
quiring the articles, materials, or supplies from a 
firm manufacturing the articles, materials, or sup-
plies outside the United States (including the cost of 
shipping).’’. 
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SEC. 4. CRITERIA REQUIRED FOR USE OF PUBLIC INTER-
EST EXCEPTION. 
(a) BUY AMERICAN ACT.—Section 8302 of title 41, 
United States Code, as amended by section 3, is further 
amended by adding at the end the following new sub-
section: 
‘‘(d) CRITERIA FOR USE OF PUBLIC INTEREST EX-
CEPTION.—In determining whether a public interest ex-
ception shall be applied under subsection (a), the head of 
a Federal agency shall— 
‘‘(1) consider the short-term and long-term ef-
fects of applying such exception on employment 
within the United States, taking into account infor-
mation provided by entities that manufacture the ar-
ticles, materials, or supplies concerned in the United 
States; and 
‘‘(2) determine that preserving or increasing 
employment within the United States is consistent 
with the public interest.’’. 
(b) FEDERAL TRANSIT ADMINISTRATION FUNDS.— 
Section 5323(j) of title 49, United States Code, is amend-
ed by adding at the end the following new paragraph: 
‘‘(14) CRITERIA FOR USE OF PUBLIC INTEREST 
WAIVER.—In determining whether a public interest 
waiver shall be issued under paragraph (2)(A), the 
Secretary shall— 
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‘‘(A) consider the short-term and long- 
term effects of applying such waiver on employ-
ment within the United States, taking into ac-
count information provided by entities that 
produce the steel, iron, and goods concerned in 
the United States; and 
‘‘(B) determine that preserving or increas-
ing employment within the United States is 
consistent with the public interest.’’. 
(c) FEDERAL HIGHWAY ADMINISTRATION FUNDS.— 
Section 313 of title 23, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(h) CRITERIA FOR USE OF PUBLIC INTEREST FIND-
ING.—In determining whether a public interest finding 
shall be made under subsection (b)(1), the Secretary 
shall— 
‘‘(1) consider the short-term and long-term ef-
fects of making such finding on employment within 
the United States, taking into account information 
provided by entities that produce the materials or 
products concerned in the United States; and 
‘‘(2) determine that preserving or increasing 
employment within the United States is consistent 
with the public interest.’’. 
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(d) AMTRAK FUNDS.—Section 24305(f) of title 49, 
United States Code, is amended by adding at the end the 
following new paragraph: 
‘‘(5) In deciding whether a public interest exemption 
shall be issued under paragraph (4)(A)(i), the Secretary 
shall— 
‘‘(A) consider the short-term and long-term ef-
fects of issuing such exemption on employment with-
in the United States, taking into account informa-
tion provided by entities that manufacture the arti-
cles, material, or supplies concerned in the United 
States; and 
‘‘(B) determine that preserving or increasing 
employment within the United States is consistent 
with the public interest.’’. 
(e) FEDERAL RAILROAD ADMINISTRATION HIGH 
SPEED RAIL PROGRAM FUNDS.—Section 24405(a) of title 
49, United States Code, is amended by adding at the end 
the following new paragraph: 
‘‘(12) In determining whether a public interest waiver 
shall be granted under paragraph (2)(A), the Secretary 
shall— 
‘‘(A) consider the short-term and long-term ef-
fects of granting such waiver on employment within 
the United States, taking into account information 
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provided by entities that produce the steel, iron, or 
goods concerned in the United States; and 
‘‘(B) determine that preserving or increasing 
employment within the United States is consistent 
with the public interest.’’. 
(f) FEDERAL AVIATION ADMINISTRATION FUNDS.— 
Section 50101 of title 49, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(d) CRITERIA
FOR USE
OF PUBLIC INTEREST 
WAIVER.—In determining whether a public interest waiver 
shall be granted under subsection (b)(1), the Secretary 
shall— 
‘‘(1) consider the short-term and long-term ef-
fects of granting such waiver on employment within 
the United States, taking into account information 
provided by entities that produce the steel or goods 
concerned in the United States; and 
‘‘(2) determine that preserving or increasing 
employment within the United States is consistent 
with the public interest.’’. 
(g) WATER POLLUTION PREVENTION AND CONTROL 
GRANTS FOR CONSTRUCTION OF TREATMENT WORKS.— 
Section 215 of the Federal Water Pollution Control Act 
(33 U.S.C. 1295) is amended— 
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(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘Notwithstanding’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) CRITERIA FOR USE OF PUBLIC INTEREST EX-
CEPTION.—In determining whether a public interest ex-
ception shall be applied under subsection (a), the Adminis-
trator shall— 
‘‘(1) consider the short-term and long-term ef-
fects of applying such exception on employment 
within the United States, taking into account infor-
mation provided by entities that manufacture the ar-
ticles, materials, or supplies concerned in the United 
States; and 
‘‘(2) determine that preserving or increasing 
employment within the United States is consistent 
with the public interest.’’. 
SEC. 5. WAIVER TRANSPARENCY AND STREAMLINING 
THROUGH 
THE 
ESTABLISHMENT 
OF 
BUYAMERICAN.GOV WEBSITE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Administrator of 
General Services shall establish an Internet website with 
the address BuyAmerican.gov that will be publicly avail-
able and free to access. The website shall include informa-
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tion on all waivers of and exceptions to Buy American laws 
that have been requested, are under consideration, or have 
been granted by executive agencies and be designed to en-
able manufacturers and other interested parties to easily 
identify waivers, and shall provide publicly available con-
tact information for the contracting agencies. 
(b) COLLECTION OF INFORMATION.—The President, 
in consultation with the heads of relevant agencies, shall 
develop a mechanism to collect information on requests to 
waive Buy American laws and other domestic content re-
strictions, utilizing existing reporting requirements when-
ever possible, for purposes of providing early notice to pos-
sible waivers via the website established under subsection 
(a). The heads of executive agencies shall report to the 
Administrator as quickly as possible waivers requested or 
under consideration and waivers granted due to the non- 
availability of procured items or service providers for pur-
poses of posting such information on the website estab-
lished under such subsection. 
(c) WAIVER TRANSPARENCY AND STREAMLINING.— 
Not less than 20 days prior to waiving, under his or her 
statutory authority, any applicable Buy American Law, 
the head of an executive agency shall submit to the Ad-
ministrator of General Services a copy of the request and 
information available to the executive agency concerning 
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the request. Not later than 5 days after receiving this in-
formation from the head of an executive agency, the Ad-
ministrator of General Services shall make available to the 
public, by posting on the website established under sub-
section (a), a copy of the request and information available 
to the executive agency concerning the request, and shall 
allow for informal public comment on the request for at 
least 15 days prior to making a finding based on the re-
quest. 
(d) INFORMATION AVAILABLE TO THE EXECUTIVE 
AGENCY CONCERNING THE REQUEST.— 
(1) REQUIREMENT.—No requested waiver of an 
applicable Buy American Law may be granted if, in 
contravention of subsection (c)— 
(A) the request was not made available to 
the public; 
(B) the information available to the execu-
tive agency concerning the request was not 
made available to the public; or 
(C) no opportunity for public comment 
concerning the request was granted. 
(2) SCOPE.—Information made available to the 
public under this section concerning the request 
shall properly and adequately document and justify 
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the statutory basis cited for the requested waiver. 
Such information shall include— 
(A) a detailed justification for the use of 
goods, products, or materials mined, produced, 
or manufactured outside the United States; 
(B) for requests citing unreasonable cost 
as the statutory basis of the waiver, a compari-
son of the cost of the domestic product to the 
cost of the foreign product or a comparison of 
the overall cost of the project with domestic 
products to the overall cost of the project with 
foreign-origin products or services, pursuant to 
the requirements of the applicable Buy Amer-
ican law, except that publicly available cost 
comparison data may be provided in lieu of pro-
prietary pricing information; 
(C) for requests citing availability, quan-
tity, or quality as the statutory basis for the 
waiver, information from a reasonable number 
of domestic suppliers concerning a product’s 
availability, quantity, or quality, documentation 
of the procurement official’s or assistance re-
cipient’s efforts to procure from domestic 
sources and relevant excerpts from project 
plans, specifications, and permits indicating the 
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required quantity and quality of the relevant 
products; 
(D) for requests citing the public interest 
as the statutory basis for the waiver, a detailed 
written statement, which shall include all appro-
priate factors, justifying why the requested 
waiver is in public interest; and 
(E) a certification that the procurement of-
ficial or assistance recipient made a good faith 
effort to solicit bids for domestic products sup-
ported by terms included in requests for pro-
posals, contracts, and communications with the 
prime contractor. 
(e) COMPTROLLER GENERAL REPORT.—Not later 
than two years after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit 
to Congress a report describing the implementation of this 
section, including recommendations for any legislation to 
improve the collection and reporting of information re-
garding waivers of and exceptions to Buy American laws. 
(f) DEFINITIONS.—In this section: 
(1) BUY
AMERICAN
LAW.—The term ‘‘Buy 
American Law’’ means any law, regulation, Execu-
tive order, regulation, or rule relating to Federal 
contracts or grants that requires or provides a pref-
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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. 6. LOANS AND LOAN GUARANTEES TO DOMESTIC MAN-
UFACTURERS UNDER DEFENSE PRODUCTION 
ACT. 
(a) PROGRAM AUTHORIZED.—The President, acting 
through the Secretary of Defense, may establish and carry 
out a program to make or guarantee loans under title III 
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of the Defense Production Act (50 U.S.C. App. 2091 et 
seq.) to eligible entities in accordance with this section. 
(b) ELIGIBILITY REQUIREMENTS.—The Secretary of 
Defense shall establish eligibility requirements for pur-
poses of the loans or loan guarantees 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 Defense, and can 
prove hardship because of foreign competition. 
(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 LOAN OR LOAN GUARANTEE.—The 
amount of any loan made or guaranteed under this section 
may not exceed $5,000,000 per entity. 
(d) USE OF FUNDS.—Each eligible entity receiving 
a loan or loan guarantee under this section shall use the 
funds of the loan made or guaranteed only for one or more 
of the following purposes: 
(1) Increasing its ability to compete for a Gov-
ernment contract for a nonavailable item. 
(2) Increasing its ability to produce a nonavail-
able item. 
(3) Increasing its capacity to produce items 
that are vital to national security. 
(e) APPLICATION REQUIREMENTS.—To receive a 
loan or loan guarantee under this section, an eligible entity 
shall submit an application to the Secretary of Defense 
at such time, in such manner, and containing such infor-
mation as the Secretary may require. At a minimum, the 
application shall include a statement regarding the num-
ber of direct full-time domestic jobs expected to be created 
or retained as a result of the loan made or guaranteed, 
but such statement shall not be the sole factor used in 
determining the award of the loan or loan guarantee. 
(f) ANNUAL EVALUATION OF LOAN OR LOAN GUAR-
ANTEE RECIPIENTS BY DEPARTMENT OF DEFENSE.— 
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The Secretary of Defense each year shall evaluate recipi-
ents of loans or loan guarantees under this section to de-
termine the proper allocation of loan funds that are loaned 
or guaranteed. 
(g) DEFINITION OF NONAVAILABLE ITEM.—In this 
section, the term ‘‘nonavailable item’’ means any of the 
following: 
(1) An article, material, or supply— 
(A) that has been determined by a Federal 
agency, pursuant to chapter 83 of title 41, 
United States Code (popularly referred to as 
the Buy American Act), to not be mined, pro-
duced, or manufactured in the United States in 
sufficient and reasonably available commercial 
quantities of a satisfactory quality; or 
(B) that is listed on the list of nonavailable 
articles under subpart 25.104 of the Federal 
Acquisition Regulation. 
(2) An article or item— 
(A) that is described in section 2533a(b) of 
title 10, United States Code, and grown, re-
processed, reused, or produced in the United 
States; and 
(B) satisfactory quality and sufficient 
quantity of which cannot be procured as and 
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when needed at United States market prices, as 
determined by the Secretary of Defense or the 
Secretary of the military department concerned, 
pursuant to section 2533a(c) of such title. 
(3) Compliant specialty metal— 
(A) as defined in section 2533b(b) of title 
10, United States Code; and 
(B) satisfactory quality and sufficient 
quantity of which, and in the required form, 
cannot be procured as and when needed, as de-
termined by the Secretary of Defense or the 
Secretary of the military department concerned, 
pursuant to such section 2533b(b). 
(4) An item listed in subsection (a) of section 
2534 of title 10, United States Code, if the Sec-
retary determines, under subsection (d)(4) of such 
section, that satisfactory quality of the item manu-
factured by an entity that is part of the national 
technology and industrial base (as defined in section 
2500(1) of such title) is not available. 
Æ 
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