,,ii  #aaeth ,,congress  #b;d ,session  
,s4 #bbhd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,january #i1   
#bjah,mr4 ,portman 7for himself1 ,mr4   
,murphy1 ,mr4 ,graham1 and ,mr4 ,brown7 
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,homeland ,security and   
,governmental ,affairs  ,a ,,bill  ,to  
strengthen ,buy ,american requirements1 
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,buy,american4gov ,act of #bjah4  #b4   
,definitions ,in this ,act3 7#a7 ,buy   
,american law ,the term ,buy ,american  
,law means any law1 regulation1         
,executive order1 regulation1 or rule   
relating to ,federal contracts or grants
 that requires or provides a preference 
for the purchase or use of goods1       
products1 or materials mined1 produced1 
or manufactured in the ,united ,states1 
including--  7,a7 chapter #hc of title  
#da1 ,united ,states ,code 7commonly    
referred to as the ,buy ,american ,act72

  7,b7 section #ecbc7;j7 of title #di1  
,united ,states ,code 7commonly referred
 to as the ,buy ,america ,act72  7,c7   
section #becc;a of title #aj1 ,united   
,states ,code 7commonly referred to as  
the ,berry ,amendment72  7,d7 section   
#becc;b of title #aj1 ,united ,states   
,code2 and  7,e7 section #fjd of the    
,american ,recovery and ,reinvestment   
,act of #bjji 7#f ,u4,s4,c4 #dec;b74    
7#b7 ,executive agency ,the term        
executive agency has the meaning given  
the term in section #acc of title #da1  
,united ,states ,code4  #c4 ,sense of   
,congress on buying ,american ,it is the
 sense of ,congress that-- 7#a7 every   
executive agency should maximize1       
through terms and conditions of ,federal
 financial assistance awards and        
,federal procurements1 the use of goods1
 products1 and materials produced in the
 ,united ,states and contracts for      
outsourced government service contracts 
to be performed by ,united ,states      
nationals2 and  7#b7 every executive    

agency should scrupulously monitor1     
enforce1 and comply with ,buy ,american 
,laws1 to the extent they apply1 and    
minimize the use of waivers4  #d4       
,report on ,buy ,american compliance    
efforts  7a7 ,in general ,not later than
 #ahj days after the date of the        
enactment of this ,act1 and annually    
thereafter for two years1 the ,secretary
 of ,commerce1 in consultation with the 
,director of the ,office of ,management 
and ,budget1 the ,united ,states ,trade 
,representative1 the ,secretary of      
,state1 and the heads of other executive
 agencies1 shall submit to ,congress and
 the ,president a report on the         
implementation of1 and compliance with1 
,buy ,american laws4  7b7 ,elements ,the
 report required under subsection 7a7   
shall include the following elements3   
7#a7 ,an assessment of the monitoring   
of1 enforcement of1 implementation of1  
and compliance with ,buy ,american ,laws
 within each executive agency4  7#b7 ,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 manufacturing4    
7#c7 ,recommendations for policies for  
executive agencies to ensure that1 to   
the extent permitted by law1 ,federal   
financial assistance awards and ,federal
 contacts maximize the use of goods1    
products1 and materials mined1 produced1
 and manufactured in the ,united        
,states1 including manufactured         
products1 components of manufactured    
products1 and materials such as steel1  
iron1 aluminum1 and cement and services4
  7c7 ,agency reports ,not later than   
#ahj days after the date of the         
enactment of this ,act1 and annually    
thereafter for two years1 the head of   
each executive agency shall submit to   
the ,secretary of ,commerce and the     
,director of the ,office of ,management 
and ,budget a report on the             
implementation of1 and compliance with1 
,buy ,american laws and covering with   
respect to that agency the elements set 

forth in subsection 7b74  7d7 ,guidance 
,not later than #fj days after the date 
of the enactment of this ,act1 the      
,secretary of ,commerce and the         
,director of the ,office of ,management 
and ,budget1 in consultation with the   
,secretary of ,state1 the ,secretary of 
,labor1 the ,united ,states ,trade      
,representative1 and the ,federal       
,acquisition ,regulatory ,council1 shall
 issue guidance to executive agencies   
regarding how to make the required      
waiver assessments and develop the      
policies required under this section4   
#e4 ,assessment of impact of free trade 
agreements ,not later than #aej days    
after the date of the enactment of this 
,act1 the ,secretary of ,commerce and   
the ,united ,states ,trade              
,representative shall assess the impacts
 of all ,united ,states free trade      
agreements and the ,world ,trade        
,organization ,agreement on ,government 
,procurement on the operation of ,buy   
,american ,laws1 including their impacts

 on the implementation of domestic      
procurement preferences4  #f4 ,judicious
 use of waivers  7a7 ,in general ,to the
 extent permitted by law1 public        
interest waivers from ,buy ,american    
,laws shall be construed to ensure the  
maximum utilization of goods1 products1 
and materials produced in the ,united   
,states4  7b7 ,public interest waiver   
determinations ,to the extent permitted 
by law1 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              
consideration4  7c7 ,consideration of   
dumping and subsidies ,to the extent    
permitted by law1 before granting a     
public interest waiver1 the head of an  
executive agency shall take appropriate 
account of whether a significant portion
 of the cost advantage of a             
foreign-sourced product is the result of
 the use of dumped steel1 iron1 or      
manufactured goods1 the use of          

subsidized steel1 iron1 or manufactured 
goods1 or the use of steel1 iron1 or    
manufactured goods that have entered the
 ,united ,states in violation of ,united
 ,states customs laws and shall1 as     
appropriate1 integrate any findings into
 its waiver determination4  #g4 ,waiver 
transparency and streamlining through   
the establishment of ,buy,american4gov  
website  7a7 ,in general ,not later than
 one year after the date of the         
enactment of this ,act1 the             
,administrator of ,general ,services    
shall establish an ,internet website    
with the address ,buy,american4gov that 
will be publicly available and free to  
access4 ,the website shall include      
information on all waivers of and       
exceptions to ,buy ,american laws that  
have been requested1 are under          
consideration1 or have been granted by  
executive agencies and be designed to   
enable manufacturers and other          
interested parties to easily identify   
waivers1 and shall provide publicly     

available contact information for the   
contracting agencies4  7b7 ,collection  
of information ,the ,president1 in      
consultation with the heads of relevant 
agencies1 shall develop a mechanism to  
collect information on requests to waive
 ,buy ,american laws and other domestic 
content restrictions1 utilizing existing
 reporting requirements whenever        
possible1 for purposes of providing     
early notice to possible waivers via the
 website established under subsection   
7a74 ,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 purposes
 of posting such information on the     
website established under such          
subsection4  7c7 ,waiver transparency   
and streamlining ,not less than #bj days
 prior to waiving1 under his or her     
statutory authority1 any applicable ,buy
 ,american ,law1 the head of an         

executive agency shall submit to the    
,administrator of ,general ,services a  
copy of the request and information     
available to the executive agency       
concerning the request4 ,not later than 
#e days after receiving this information
 from the head of an executive agency1  
the ,administrator of ,general ,services
 shall make available to the public1 by 
posting on the website established under
 subsection 7a71 a copy of the request  
and information available to the        
executive agency concerning the request1
 and shall allow for informal public    
comment on the request for at least #ae 
days prior to making a finding based on 
the request4  7d7 ,information available
 to the executive agency concerning the 
request  7#a7 ,requirement ,no requested
 waiver of an applicable ,buy ,american 
,law may be granted if1 in contravention
 of subsection 7c7--  7,a7 the request  
was not made available to the public2   
7,b7 the information available to the   
executive agency concerning the request 

was not made available to the public2 or
  7,c7 no opportunity for public comment
 concerning the request was granted4    
7#b7 ,scope ,information made available 
to the public under this section        
concerning the request shall properly   
and adequately document and justify the 
statutory basis cited for the requested 
waiver4 ,such information shall         
include--  7,a7 a detailed justification
 for the use of goods1 products1 or     
materials mined1 produced1 or           
manufactured outside the ,united        
,states2  7,b7 for requests citing      
unreasonable cost as the statutory basis
 of the waiver1 a comparison 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 services1 pursuant to the   
requirements of the applicable ,buy     
,american law1 except that publicly     
available cost comparison data may be   

provided in lieu of proprietary pricing 
information2  7,c7 for requests citing  
availability1 quantity1 or quality as   
the statutory basis for the waiver1     
information from a reasonable number of 
domestic suppliers concerning a         
product's availability1 quantity1 or    
quality1 documentation of the           
procurement official's or assistance    
recipient's efforts to procure from     
domestic sources and relevant excerpts  
from project plans1 specifications1 and 
permits indicating the required quantity
 and quality of the relevant products2  
7,d7 for requests citing the public     
interest as the statutory basis for the 
waiver1 a detailed written statement1   
which shall include all appropriate     
factors1 such as potential obligations  
under international agreements1         
justifying why the requested waiver is  
in the public interest2 and  7,e7 a     
certification that the procurement      
official or assistance recipient made a 
good faith effort to solicit bids for   

domestic products supported by terms    
included in requests for proposals1     
contracts1 and communications with the  
prime contractor4  7e7 ,comptroller     
,general report ,not later than two     
years after the date of the enactment of
 this ,act1 the ,comptroller ,general of
 the ,united ,states shall submit to    
,congress a report describing the       
implementation of this section1         
including recommendations for any       
legislation to improve the collection   
and reporting of information regarding  
waivers of and exceptions to ,buy       
,american laws4  7f7 ,rules of          
construction  7#a7 ,disclosure          
requirements ,nothing in this section   
shall be construed as preempting1       
superseding1 or otherwise affecting the 
application of any disclosure           
requirement or requirements otherwise   
provided by law or regulation4  7#b7    
,establishment of successor information 
systems ,nothing in this section shall  
be construed as preventing or otherwise 

limiting the ability of the             
,administrator of ,general ,services to 
move the data required to be included on
 the website established under          
subsection 7a7 to a successor           
information system4 ,any such           
information system shall include a      
reference to ,buy,american4gov4  #h4    
,consistency with international         
agreements ,this ,act shall be applied  
in a manner consistent with ,united     
,states obligations under international 
agreements4