Title: Make It in America Act
Policy area: Government Operations and Politics

Summary:
Make It in America Act
This bill addresses domestic content requirements and narrows instances in which waivers may be granted.
Specifically, the bill directs the Office of Management and Budget (OMB), acting through the Office for Federal Procurement Policy, to promulgate regulations to standardize and simplify how federal agencies comply with, report on, and enforce the Buy American Act, including guidelines to ensure that a project is not disaggregated for purposes of avoiding the applicability of such requirements.
The bill increases American-made content requirements from 50% to 75%.
Before granting a waiver in the public interest with respect to a product sourced from a foreign country, a federal agency shall assess whether a significant portion of the cost advantage of the product is the result of the use of dumped steel, iron, or manufactured goods or the use of injuriously subsidized steel, iron, or manufactured goods.
The OMB shall establish within it a Made in America Office to maximize and enforce compliance with domestic preference statutes, develop and implement procedures to review waiver requests, ensure that contracting personnel at each federal agency annually complete training on obligations under such statutes, and ensure the development of a domestic supply base to meet federal procurement requirements.
The bill directs the Department of Transportation to enter into a technical assistance partnership with the Department of Commerce to ensure the development of a domestic supply base to support intermodal transportation in the United States and to ensure compliance with domestic preference statutes.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 363 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 363

 To amend chapter 83 of title 41, United States Code, to increase the 
    requirement for American-made content, to strengthen the waiver 
                  provisions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 23, 2021

Ms. Stabenow (for herself, Mr. Braun, Mr. Peters, Mr. Portman, and Ms. 
   Baldwin) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend chapter 83 of title 41, United States Code, to increase the 
    requirement for American-made content, to strengthen the waiver 
                  provisions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Make It in America 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Regulations relating to Buy American Act.
Sec. 3. Amendments relating to Buy American Act.
Sec. 4. Made in America Office.
Sec. 5. Department of Transportation Buy America provisions.
Sec. 6. Hollings Manufacturing Extension Partnership activities.
Sec. 7. United States obligations under international agreements.
Sec. 8. Definitions.

SEC. 2. REGULATIONS RELATING TO BUY AMERICAN ACT.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Director of the Office of Management and 
Budget (``Director''), acting through the Administrator for Federal 
Procurement Policy and, in consultation with the Federal Acquisition 
Regulatory Council, shall promulgate final regulations to standardize 
and simplify how Federal agencies comply with, report on, and enforce 
the Buy American Act. The regulations shall include, at a minimum, the 
following:
            (1) Guidelines for Federal agencies to determine, for the 
        purposes of applying sections 8302(a) and 8303(b)(3) of title 
        41, United States Code, the circumstances under which the 
        acquisition of articles, materials, or supplies mined, 
        produced, or manufactured in the United States is inconsistent 
        with the public interest.
            (2) Uniform procedures for each Federal agency to make 
        publicly available, in an easily identifiable location on the 
        website of the agency, and within the following time periods, 
        the following information:
                    (A) A written description of the circumstances in 
                which the head of the agency may waive the requirements 
                of the Buy American Act.
                    (B) Each waiver made by the head of the agency 
                within 30 days after making such waiver, including a 
                detailed justification for the waiver.
            (3) Guidelines for Federal agencies to ensure that a 
        project is not disaggregated for purposes of avoiding the 
        applicability of the requirements under the Buy American Act.
            (4) Increasing the price preferences for domestic end 
        products and domestic construction materials.
            (5) Amending the definitions of ``domestic end product'' 
        and ``domestic construction material'' to ensure that iron and 
        steel products are, to the greatest extent possible, made with 
        domestic components.
    (b) Guidelines Relating to Waivers.--
            (1) Inconsistency with public interest.--
                    (A) In general.--With respect to the guidelines 
                developed under subsection (a)(1), the Administrator 
                shall seek to minimize waivers related to contract 
                awards that--
                            (i) result in a decrease in employment in 
                        the United States, which shall be considered to 
                        be inconsistent with the public interest, 
                        including employment among entities that 
                        manufacture the articles, materials, or 
                        supplies; or
                            (ii) result in not awarding a contract that 
                        would boost domestic employment.
                    (B) Covered employment.--For purposes of 
                subparagraph (A), employment refers to positions 
                directly involved in the manufacture of articles, 
                materials, or supplies, and does not include positions 
                related to management, research and development, or 
                engineering and design.
            (2) Assessment on use of dumped or subsidized foreign 
        products.--
                    (A) In general.--To the extent otherwise permitted 
                by law, before granting a waiver in the public interest 
                to the guidelines developed under subsection (a)(1) 
                with respect to a product sourced from a foreign 
                country, a Federal agency shall assess whether a 
                significant portion of the cost advantage of the 
                product is the result of the use of dumped steel, iron, 
                or manufactured goods or the use of injuriously 
                subsidized steel, iron, or manufactured goods.
                    (B) Consultation.--The Federal agency conducting 
                the assessment under subparagraph (A) shall consult 
                with the International Trade Administration in making 
                the assessment if the agency considers such 
                consultation to be helpful.
                    (C) Use of findings.--The Federal agency conducting 
                the assessment under subparagraph (A) shall integrate 
                any findings from the assessment into its waiver 
                determination.
    (c) Definition of End Product Manufactured in the United States.--
Not later than 1 year after the date of the enactment of this Act, the 
Federal Acquisition Regulatory Council shall amend part 25 of the 
Federal Acquisition Regulation to provide a definition for ``end 
product manufactured in the United States,'' including guidelines to 
ensure that manufacturing processes involved in production of the end 
product occur domestically.

SEC. 3. AMENDMENTS RELATING TO BUY AMERICAN ACT.

    (a) Special Rules Relating to American Materials Required for 
Public Use.--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) Iron and steel manufactured in the united states.--
        For purposes of this section, manufactured articles, materials, 
        and supplies of iron and steel are deemed manufactured in the 
        United States only if all manufacturing processes involved in 
        the production of such iron and steel, from the initial melting 
        stage through the application of coatings, occurs in the United 
        States.
            ``(2) Limitation on exception for commercially available 
        off-the-shelf items.--Notwithstanding any law or regulation to 
        the contrary, including section 1907 of this title and the 
        Federal Acquisition Regulation, the requirements of this 
        section apply to all iron and steel articles, materials, and 
        supplies.
            ``(3) Use outside the united states.--
                    ``(A) In general.--Notwithstanding the exception 
                described in subsection (a)(2)(A), subsection (a)(1) 
                shall apply to articles, materials, or supplies for use 
                outside the United States if such articles, materials, 
                or supplies are not needed on an urgent basis or are 
                acquired on a regular basis.
                    ``(B) Cost analysis.--In any case in which 
                articles, materials, or supplies are to be acquired for 
                use outside the United States and are not needed on an 
                urgent basis or are acquired on a regular basis, before 
                entering into a contract, an analysis shall be made of 
                the difference in the cost of acquiring such articles, 
                materials, or supplies from a company mining, 
                producing, or manufacturing the articles, materials, or 
                supplies in the United States (excluding the cost of 
                shipping) and the cost of acquiring such articles, 
                materials, or supplies from a company mining, 
                producing, or manufacturing the articles, materials, or 
                supplies outside the United States (including the cost 
                of shipping).
            ``(4) Domestic availability.--The head of a Federal agency 
        may not determine that an article, material, or supply is not 
        mined, produced, or manufactured in the United States in 
        sufficient and reasonably available commercial quantities and 
        of a satisfactory quality under subsection (a)(1) unless the 
        head of the agency first determines that--
                    ``(A) domestic production cannot be initiated 
                without delaying the project for which the article, 
                material, or supply is to be acquired; and
                    ``(B) a substitutable article, material, or supply 
                is not mined, produced, or manufactured in the United 
                States in sufficient and reasonably available 
                commercial quantities and of a satisfactory quality.''.
    (b) Production of Iron and Steel for Purposes of Contracts for 
Public Works.--Section 8303 of title 41, United States Code, is 
amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Special Rules.--
            ``(1) Production of iron and steel.--For purposes of this 
        section, manufactured articles, materials, and supplies of iron 
        and steel are deemed manufactured in the United States only if 
        all manufacturing processes involved in the production of such 
        iron and steel, from the initial melting stage through the 
        application of coatings, occurs in the United States.
            ``(2) Limitation on exception for commercially available 
        off-the-shelf items.--Notwithstanding any law or regulation to 
        the contrary, including section 1907 of this title and the 
        Federal Acquisition Regulation, the requirements of this 
        section apply to all iron and steel articles, materials, and 
        supplies used in contracts described in subsection (a).''.
    (c) Annual Report.--Subsection (b) of section 8302 of title 41, 
United States Code, is amended to read as follows:
    ``(b) Reports.--
            ``(1) In general.--Not later than 180 days after the end of 
        the fiscal year during which the Make It in America Act is 
        enacted, and annually thereafter for 4 years, the Director of 
        the Office of Management and Budget, in consultation with the 
        Administrator of General Services, shall submit to the 
        Committee on Oversight and Government Reform of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate a report on the total amount 
        of acquisitions made by Federal agencies in the relevant fiscal 
        year of articles, materials, or supplies acquired from entities 
        that mine, produce, or manufacture the articles, materials, or 
        supplies outside the United States.
            ``(2) Additional content.--Each report required under 
        paragraph (1) shall separately include, for the fiscal year 
        covered by the report--
                    ``(A) the dollar value of any articles, materials, 
                or supplies that were mined, produced, or manufactured 
                outside the United States, in the aggregate and by 
                country;
                    ``(B) an itemized list of all waivers made under 
                this chapter with respect to articles, materials, or 
                supplies and the country where such articles, 
                materials, or supplies were mined, produced, or 
                manufactured;
                    ``(C) if any articles, materials, or supplies were 
                acquired from entities that mine, produce, or 
                manufacture such articles, materials, or supplies 
                outside the United States due to an exception (that is 
                not the micro-purchase threshold exception described 
                under subsection (a)(2)(C)), the specific exception 
                that was used to purchase such articles, materials, or 
                supplies;
                    ``(D) if any articles, materials, or supplies were 
                acquired from entities that mine, produce, or 
                manufacture such articles, materials, or supplies 
                outside the United States pursuant to a reciprocal 
                defense procurement memorandum of understanding (as 
                described in section 8304), or a trade agreement or 
                least developed country designation described in 
                subpart 25.400 of the Federal Acquisition Regulation, a 
                citation to such memorandum of understanding, trade 
                agreement, or designation; and
                    ``(E) a summary of--
                            ``(i) the total procurement funds expended 
                        on articles, materials, and supplies mined, 
                        produced, or manufactured inside the United 
                        States;
                            ``(ii) the total procurement funds expended 
                        on articles, materials, and supplies mined, 
                        produced, or manufactured outside the United 
                        States; and
                            ``(iii) the total procurement funds 
                        expended on articles, materials, and supplies 
                        mined, produced, or manufactured outside the 
                        United States per country that mined, produced, 
                        or manufactured such articles, materials, and 
                        supplies.
            ``(3) Public availability.--Not later than 180 days after 
        the end of the fiscal year during which the Make It in America 
        Act is enacted, and annually thereafter for 4 years, the 
        Director of the Office of Management and Budget shall make the 
        relevant report required under paragraph (1) publicly available 
        on a website.
            ``(4) Exception for intelligence community.--This 
        subsection does not apply to acquisitions made by an agency, or 
        component of an agency, 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. 3003).''.
    (d) Definitions.--Section 8301 of title 41, United States Code, is 
amended by adding at the end the following new paragraphs:
            ``(3) Federal agency.--The term `Federal agency' has the 
        meaning given the term `executive agency' in section 133 of 
        this title.
            ``(4) Substantially all.--The term `substantially all', 
        with respect to articles, materials, or supplies mined, 
        produced, or manufactured in the United States, means that--
                    ``(A) 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; or
                    ``(B) in the event that a Federal agency does not 
                receive an offer on a contract that meets such 
                threshold, 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.
            ``(5) Waiver.--The term `waiver', with respect to the 
        acquisition of an article, material, or supply for public use, 
        means the inapplicability of this chapter to the acquisition by 
        reason of any of the following determinations under section 
        8302(a)(1) or 8303(b)(3) of this title:
                    ``(A) A written determination by the head of the 
                Federal agency concerned that the acquisition is 
                inconsistent with the public interest.
                    ``(B) A written determination by the head of the 
                Federal agency concerned that the cost of the 
                acquisition is unreasonable.
                    ``(C) A written determination by the head of the 
                Federal agency concerned that the article, material, or 
                supply is not mined, produced, or manufactured in the 
                United States in sufficient and reasonably available 
                commercial quantities of a satisfactory quality.''.
    (e) Conforming Amendments.--Title 41, United States Code, is 
amended--
            (1) in section 8302(a)--
                    (A) in paragraph (1)--
                            (i) by striking ``department or independent 
                        establishment'' and inserting ``Federal 
                        agency''; and
                            (ii) by striking ``their acquisition to be 
                        inconsistent with the public interest or their 
                        cost to be unreasonable'' and inserting ``their 
                        acquisition to be inconsistent with the public 
                        interest, their cost to be unreasonable, or 
                        that the articles, materials, or supplies of 
                        the class or kind to be used, or the articles, 
                        materials, or supplies from which they are 
                        manufactured, are not mined, produced, or 
                        manufactured in the United States in sufficient 
                        and reasonably available commercial quantities 
                        and of a satisfactory quality''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        ``subject to subsection (c)(2)(A),'' before 
                        ``to articles, materials, or supplies''; and
                            (ii) by amending subparagraph (B) to read 
                        as follows:
                    ``(B) to any articles, materials, or supplies 
                procured pursuant to a reciprocal defense procurement 
                memorandum of understanding (as described in section 
                8304 of this title), or a trade agreement or least 
                developed country designation described in subpart 
                25.400 of the Federal Acquisition Regulation; and''; 
                and
            (2) in section 8303--
                    (A) in subsection (b)--
                            (i) by striking ``department or independent 
                        establishment'' each place it appears and 
                        inserting ``Federal agency'';
                            (ii) by amending subparagraph (B) of 
                        paragraph (1) to read as follows:
                    ``(B) to any articles, materials, or supplies 
                procured pursuant to a reciprocal defense procurement 
                memorandum of understanding (as described in section 
                8304), or a trade agreement or least developed country 
                designation described in subpart 25.400 of the Federal 
                Acquisition Regulation; and''; and
                            (iii) in paragraph (3)--
                                    (I) in the heading, by striking 
                                ``Inconsistent with public interest'' 
                                and inserting ``Waiver authority''; and
                                    (II) by striking ``their purchase 
                                to be inconsistent with the public 
                                interest or their cost to be 
                                unreasonable'' and inserting ``their 
                                acquisition to be inconsistent with the 
                                public interest, their cost to be 
                                unreasonable, or that the articles, 
                                materials, or supplies of the class or 
                                kind to be used, or the articles, 
                                materials, or supplies from which they 
                                are manufactured, are not mined, 
                                produced, or manufactured in the United 
                                States in sufficient and reasonably 
                                available commercial quantities and of 
                                a satisfactory quality''; and
                    (B) in subsection (c), by striking ``department, 
                bureau, agency, or independent establishment'' each 
                place it appears and inserting ``Federal agency''.
    (f) Exclusion From Inflation Adjustment of Acquisition-Related 
Dollar Thresholds.--Subparagraph (A) of section 1908(b)(2) of title 41, 
United States Code, is amended by striking ``chapter 67'' and inserting 
``chapters 67 and 83''.

SEC. 4. MADE IN AMERICA OFFICE.

    (a) Establishment.--The Director of the Office of Management and 
Budget shall establish within the Office of Management and Budget an 
office to be known as the ``Made in America Office''. The head of the 
office shall be appointed by the Director of the Office of Management 
and Budget (in this section referred to as the ``Made in America 
Director'').
    (b) Duties.--The Made in America Director shall have the following 
duties:
            (1) Maximize and enforce compliance with domestic 
        preference statutes.
            (2) Develop and implement procedures to review waiver 
        requests or inapplicability requests related to domestic 
        preference statutes under subsection (c).
            (3) Prepare the reports required under subsection (d) and 
        (f).
            (4) Ensure that contracting personnel at each Federal 
        agency annually complete training on obligations under the Buy 
        American Act and other agency-specific domestic preference 
        statutes.
            (5) Conduct the review of reciprocal defense agreements 
        required under subsection (e).
            (6) Ensure that Federal agencies and the Hollings 
        Manufacturing Extension Partnership partner with each other to 
        promote compliance with domestic preference statutes.
            (7) Ensure the development of a domestic supply base to 
        meet Federal procurement requirements.
    (c) Review of Waiver Requests and Inapplicability Requests.--
            (1) Required review.--Before a Federal agency grants a 
        waiver or determines the inapplicability of a domestic 
        preference statute, the head of the Federal agency shall 
        transmit a written request for such waiver to the Made in 
        America Director for review, together with a detailed 
        justification for the request.
            (2) Notification of determination.--The Made in America 
        Director, in consultation with the Administrator for Federal 
        Procurement Policy and the Federal Acquisition Regulatory 
        Council, shall review the waiver request or request to 
        determine the inapplicability of domestic preference statutes 
        and provide to the requesting agency a written notification 
        approving or denying the request.
            (3) Disagreements.--
                    (A) Notification.--If the head of the requesting 
                agency disagrees with some or all of the bases for the 
                Made in America Director's determination under 
                paragraph (2), the head of the agency shall inform the 
                Made in America Director in writing.
                    (B) Resolution.--To the extent permitted by law, 
                disagreements or conflicts between the Made in America 
                Director and the agency head shall be resolved in 
                accordance with procedures that parallel those set 
                forth in section 7 of Executive Order No. 12866, dated 
                September 30, 1993 (related to regulatory planning and 
                review), with respect to the Director of the Office of 
                Information and Regulatory Affairs within the Office of 
                Management and Budget.
            (4) Notification of special circumstances.--If a Federal 
        agency is obligated by law to act more quickly than otherwise 
        provided for in accordance with the review procedures 
        established under this section, the head of the agency shall 
        notify the Made in America Director of the circumstances as 
        soon as possible.
    (d) Office of Management and Budget Report.--Not later than 1 year 
after the date of the enactment of this Act, the Director of the Office 
of Management and Budget, working through the Made in America Director, 
shall report to Congress on the extent to which, in each of fiscal 
years 2018, 2019, and 2020 articles, materials, or supplies acquired by 
the Federal Government were mined, produced, or manufactured outside 
the United States. Such report shall include for each Federal agency 
the following:
            (1) A summary of total procurement funds expended on 
        articles, materials, and supplies mined, produced, or 
        manufactured--
                    (A) inside the United States;
                    (B) outside the United States; and
                    (C) outside the United States--
                            (i) under each category of waiver under the 
                        Buy American Act;
                            (ii) under each category of exception under 
                        such chapter; and
                            (iii) for each country that mined, 
                        produced, or manufactured such articles, 
                        materials, and supplies.
            (2) For each fiscal year covered by the report--
                    (A) the dollar value of any articles, materials, or 
                supplies that were mined, produced, or manufactured 
                outside the United States, in the aggregate and by 
                country;
                    (B) an itemized list of all waivers made under the 
                Buy American Act with respect to articles, materials, 
                or supplies and the country where such articles, 
                materials, or supplies were mined, produced, or 
                manufactured;
                    (C) if any articles, materials, or supplies were 
                acquired from entities that mine, produce, or 
                manufacture such articles, materials, or supplies 
                outside the United States due to an exception (that is 
                not the micro-purchase threshold exception described 
                under section 8302(a)(2)(C) of title 41, United States 
                Code), the specific exception that was used to purchase 
                such articles, materials, or supplies; and
                    (D) if any articles, materials, or supplies were 
                acquired from entities that mine, produce, or 
                manufacture such articles, materials, or supplies 
                outside the United States pursuant to a reciprocal 
                defense procurement memorandum of understanding (as 
                described in section 8304 of title 41, United States 
                Code), or a trade agreement or least developed country 
                designation described in subpart 25.400 of the Federal 
                Acquisition Regulation, a citation to such memorandum 
                of understanding, trade agreement, or designation.
            (3) A description of the methods used by each Federal 
        agency to calculate the percentage domestic content of 
        articles, materials, and supplies mined, produced, or 
        manufactured in the United States.
    (e) Review of Reciprocal Defense Agreements.--
            (1) Review of process.--Not later than 180 days after the 
        date of the enactment of this Act, the Made in America Director 
        shall review the Department of Defense's use of reciprocal 
        defense agreements to determine if domestic entities have equal 
        and proportional access.
            (2) Review of reciprocal procurement memoranda of 
        understanding.--The Made in America Director shall review and 
        be responsible for approving reciprocal procurement memoranda 
        of understanding entered into after the date of the enactment 
        of this Act between the Department of Defense and its 
        counterparts in foreign governments.
    (f) Report on Use of Made in America Laws.--Not later than 90 days 
after the date of the enactment of this Act, the Made in America 
Director shall submit to Congress each report on the use of Made in 
America Laws received by the Made in America Director pursuant to 
section 11 of Executive Order No. 14005, dated January 25, 2021 
(relating to ensuring the future is made in all of America by all of 
America's workers).
    (g) Domestic Preference Statute Defined.--In this section, the term 
``domestic preference statute'' means any of the following:
            (1) the Buy American Act;
            (2) a Buy America law (as that term is defined in section 
        5(a));
            (3) the Berry Amendment;
            (4) section 604 of the American Recovery and Reinvestment 
        Act of 2009 (6 U.S.C. 453b) (commonly referred to as the 
        ``Kissell amendment'');
            (5) section 2533b of title 10 (commonly referred to as the 
        ``specialty metals clause''); and
            (6) any other law, regulation, rule, or executive order 
        relating to Federal financial assistance awards or Federal 
        procurement, that requires, or provides a preference for, the 
        purchase or acquisition of goods, products, or materials 
        produced in the United States, including iron, steel, and 
        manufactured goods offered in the United States.

SEC. 5. DEPARTMENT OF TRANSPORTATION BUY AMERICA PROVISIONS.

    (a) Definitions.--In this section:
            (1) Buy america law.--The term ``Buy America law'' means 
        any of the following:
                    (A) Section 313 of title 23, United States Code.
                    (B) Section 5323(j) of title 49, United States 
                Code.
                    (C) Section 22905(a) of title 49, United States 
                Code.
                    (D) Section 50101 of title 49, United States Code.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (b) Technical Assistance Partnership.--Not later than 90 days after 
the date of the enactment of this Act, the Secretary shall enter into a 
technical assistance partnership with the Secretary of Commerce, acting 
through the Director of the National Institute of Standards and 
Technology--
            (1) to ensure the development of a domestic supply base to 
        support intermodal transportation in the United States, such as 
        intercity high speed rail transportation, public transportation 
        systems, highway construction or reconstruction, or airport 
        improvement projects;
            (2) to ensure compliance with Buy America laws that apply 
        to a project that receives assistance from the Federal Highway 
        Administration, the Federal Transit Administration, the Federal 
        Railroad Administration, the Federal Aviation Administration, 
        or another office or modal administration of the Secretary of 
        Transportation;
            (3) to encourage technologies developed with the support of 
        and resources from the Secretary to be transitioned into 
        commercial market and applications; and
            (4) to establish procedures for consultation under 
        subsection (c).
    (c) Consultation.--Before granting a written waiver under a Buy 
America law, the Secretary shall consult with the Director of the 
Hollings Manufacturing Extension Partnership regarding whether there is 
a domestic entity that could provide the iron, steel, or manufactured 
good or product that is the subject of the proposed waiver.
    (d) Annual Report.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the Secretary shall 
submit to Congress a report that includes--
            (1) a detailed description of the consultation procedures 
        developed under subsection (b)(4);
            (2) a detailed description of each waiver requested under a 
        Buy America law in the preceding year that was subject to 
        consultation under subsection (c), and the results of the 
        consultation;
            (3) a detailed description of each waiver granted under a 
        Buy America law in the preceding year, including the type of 
        waiver and the reasoning for granting the waiver; and
            (4) an update on challenges and gaps in the domestic supply 
        base identified in carrying out subsection (b)(1), including a 
        list of actions and policy changes the Secretary recommends be 
        taken to address those challenges and gaps.

SEC. 6. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP ACTIVITIES.

    (a) Use of Hollings Manufacturing Extension Partnership To Refer 
New Businesses to Contracting Opportunities.--The head of each Federal 
agency shall ensure that businesses participating in the Hollings 
Manufacturing Extension Partnership are made aware of Federal 
contracting opportunities.
    (b) Automatic Enrollment in GSA Advantage!.--The Administrator of 
the General Services Administration and the Secretary of Commerce, 
acting through the Under Secretary of Commerce for Standards and 
Technology, shall jointly ensure that each business that participates 
in the Hollings Manufacturing Extension Partnership is automatically 
enrolled in General Services Administration Advantage!.

SEC. 7. UNITED STATES OBLIGATIONS UNDER INTERNATIONAL AGREEMENTS.

    This Act, and the amendments made by this Act, shall be applied in 
a manner consistent with United States obligations under international 
agreements.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Berry amendment.--The term ``Berry Amendment'' means 
        section 4862 of title 10, United States Code, as redesignated 
        by section 1870(c)(2) of the William M. (Mac) Thornberry 
        National Defense Authorization Act for Fiscal Year 2021.
            (2) Buy american act.--The term ``Buy American Act'' means 
        chapter 83 of title 41, United States Code.
            (3) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``executive agency'' in section 133 of 
        title 41, United States Code.
            (4) Waiver.--The term ``waiver'', with respect to the 
        acquisition of an article, material, or supply for public use, 
        means, other than for purposes of section 5, the 
        inapplicability of chapter 83 of title 41, United States Code, 
        to the acquisition by reason of any of the following 
        determinations under section 8302(a)(1) or 8303(b)(3) of such 
        title:
                    (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, material, or supply 
                is not mined, produced, or manufactured in the United 
                States in sufficient and reasonably available 
                commercial quantities of a satisfactory quality.
                                 <all>