,,ii #aaeth ,,congress #ast ,session ,s4 #ijh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #g1 #bjag,ms4 ,stabenow 7for herself1 ,mr4 ,peters1 and ,ms4 ,baldwin7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend chapter #hc of title #da1 ,united ,states ,code1 to increase the requirement for ,american-made content1 to strengthen the waiver provisions1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,make it in ,america ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,regulations relating to ,buy ,american ,act4 ,sec4 #c4 ,amendments relating to ,buy ,american ,act4 ,sec4 #d4 ,united ,states obligations under international agreements4 ,sec4 #e4 ,definitions4 #b4 ,regulations relating to ,buy ,american ,act 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,administrator for ,federal ,procurement ,policy1 in consultation with the ,federal ,acquisition ,regulatory ,council1 shall promulgate final regulations to standardize and simplify how ,federal agencies comply with1 report on1 and enforce chapter #hc of title #da1 ,united ,states ,code 7commonly known as the ,buy ,american ,act74 ,the regulations shall include1 at a minimum1 the following3 7#a7 ,guidelines for ,federal agencies to determine1 for the purposes of applying sections #hcjb7;a7 and #hcjc7;b77#c7 of such title1 the circumstances under which the acquisition of articles1 materials1 or supplies mined1 produced1 or manufactured in the ,united ,states is inconsistent with the public interest4 7#b7 ,uniform procedures for each ,federal agency to make publicly available1 in an easily identifiable location on the website of the agency1 and within the following time periods1 the following information3 7,a7 ,a description of the circumstances in which the head of the agency may waive the requirements of chapter #hc of such title4 7,b7 ,each waiver made by the head of the agency within #cj days after making such waiver1 including a detailed justification for the waiver4 7#c7 ,rules for ,federal agencies to ensure that a project is not disaggregated for purposes of avoiding the applicability of the requirements under chapter #hc of such title4 7#d7 ,procedures to investigate occurrences when the head of a ,federal agency improperly waives the requirements of chapter #hc of such title4 7#e7 ,rules for the ,administrator to evaluate the percentage of domestic content in a manufactured end product1 including providing a definition for the term manufactured end product4 7b7 ,guidelines relating to inconsistency with public interest ,with respect to the guidelines developed under subsection 7a77#a71 the ,administrator shall seek to minimize waivers related to contract awards that result in a decrease in employment in the ,united ,states1 which shall be considered to be inconsistent with the public interest4 7c7 ,rules relating to domestic content ,with respect to the rules developed under subsection 7a77#e71 the ,administrator may not treat components of foreign origin of the same class or kind as those that are not mined1 produced1 or manufactured in the ,united ,states in sufficient and reasonably available commercial quantities of a satisfactory quality as domestic content4 ,with respect to providing a definition for the term manufactured end product1 the ,administrator shall defer to previous judicial rulings on the question of-- 7#a7 whether the product is completed in the final form required for use by the ,federal ,government2 and 7#b7 whether separate manufacturing stages or continuous processes constitute manufacturing4 #c4 ,amendments relating to ,buy ,american ,act 7a7 ,special rules relating to ,american materials required for public use ,section #hcjb of title #da1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,special rules ,the following rules apply in carrying out the provisions of subsection 7a73 7#a7 ,calculation of domestic and non-domestic offers 7,a7 ,exclusion of start-up costs in calculating cost of offer ,when comparing offers between domestic entities and non-domestic entities1 costs related to the start-up of a contract shall be excluded from the domestic offer4 7,b7 ,unreasonable cost determination 7i7 ,in general ,the head of a ,federal agency may not determine the cost of acquiring articles1 materials1 or supplies mined1 produced1 or manufactured in the ,united ,states to be unreasonable under subsection 7a77#a7 unless the acquisition of such articles1 materials1 or supplies would increase the cost of the overall acquisition by more than #be percent4 7ii7 ,rule of construction with respect to defense contracts ,with respect to the percentage increase required for a determination of unreasonable cost applicable to projects under ,department of ,defense contracts as of the date of the enactment of the ,make it in ,america ,act1 nothing in this subparagraph may be construed as reducing such percentage increase4 7#b7 ,use outside the ,united ,states 7,a7 ,in general ,notwithstanding the exception described in subsection 7a77#b77;,a71 subsection 7a77#a7 shall apply to articles1 materials1 or supplies for use outside the ,united ,states if such articles1 materials1 or supplies are not needed on an urgent basis or are acquired on a regular basis4 7,b7 ,cost analysis ,in any case in which articles1 materials1 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 basis1 before entering into a contract1 an analysis shall be made of the difference in the cost of acquiring such articles1 materials1 or supplies from a company mining1 producing1 or manufacturing the articles1 materials1 or supplies in the ,united ,states 7excluding the cost of shipping7 and the cost of acquiring such articles1 materials1 or supplies from a company mining1 producing1 or manufacturing the articles1 materials1 or supplies outside the ,united ,states 7including the cost of shipping74 7#c7 ,domestic availability ,the head of a ,federal agency may not determine that an article1 material1 or supply is not mined1 produced1 or manufactured in the ,united ,states in sufficient and reasonably available commercial quantities and of a satisfactory quality under subsection 7a77#a7 unless the head of the agency first determines that-- 7,a7 domestic production cannot be initiated without significantly delaying the project for which the article1 material1 or supply is to be acquired2 and 7,b7 a substitutable article1 material1 or supply is not mined1 produced1 or manufactured in the ,united ,states in sufficient and reasonably available commercial quantities and of a satisfactory quality4 4 7b7 ,reports 7#a7 ,annual report ,subsection 7b7 of section #hcjb of title #da1 ,united ,states ,code1 is amended to read as follows3 7b7 ,reports 7#a7 ,in general ,not later than #ahj days after the end of each of fiscal years #bjah through #bjbb1 the ,director of the ,office of ,management and ,budget1 in consultation with the ,administrator of ,general ,services1 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 articles1 materials1 or supplies acquired from entities that mine1 produce1 or manufacture the articles1 materials1 or supplies outside the ,united ,states4 7#b7 ,additional content ,each report required under paragraph 7#a7 shall separately include1 for the fiscal year covered by the report-- 7,a7 the dollar value of any articles1 materials1 or supplies that were mined1 produced1 or manufactured outside the ,united ,states1 in the aggregate and by country2 7,b7 an itemized list of all waivers made under this chapter with respect to articles1 materials1 or supplies and the country where such articles1 materials1 or supplies were mined1 produced1 or manufactured2 7,c7 if any articles1 materials1 or supplies were acquired from entities that mine1 produce1 or manufacture such articles1 materials1 or supplies outside the ,united ,states due to an exception 7that is not the micro-purchase threshold exception described under subsection 7a77#b77;,c771 the specific exception that was used to purchase such articles1 materials1 or supplies2 7,d7 if any articles1 materials1 or supplies were acquired from entities that mine1 produce1 or manufacture such articles1 materials1 or supplies outside the ,united ,states pursuant to a reciprocal defense procurement memorandum of understanding 7as described in section #hcjd71 or a trade agreement or least developed country designation described in subpart #be4djj of the ,federal ,acquisition ,regulation1 a citation to such memorandum of understanding1 trade agreement1 or designation2 and 7,e7 a summary of-- 7i7 the total procurement funds expended on articles1 materials1 and supplies mined1 produced1 or manufactured inside the ,united ,states2 7ii7 the total procurement funds expended on articles1 materials1 and supplies mined1 produced1 or manufactured outside the ,united ,states2 and 7iii7 the total procurement funds expended on articles1 materials1 and supplies mined1 produced1 or manufactured outside the ,united ,states per country that mined1 produced1 or manufactured such articles1 materials1 and supplies4 7#c7 ,public availability ,not later than #ahj days after the end of each relevant fiscal year1 the ,director of the ,office of ,management and ,budget shall make the relevant report required under paragraph 7#a7 publicly available on a website4 7#d7 ,exception for intelligence community ,this subsection does not apply to acquisitions made by an agency1 or component of an agency1 that is an element of the intelligence community as specified in1 or designated under1 section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 4 7#b7 ,comptroller ,general report ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall report to ,congress on the extent to which1 in each of fiscal years #bjaa1 #bjab1 #bjac1 #bjad1 and #bjae1 articles1 materials1 or supplies acquired by the ,federal ,government were mined1 produced1 or manufactured outside the ,united ,states4 ,such report shall include for each ,federal agency the following3 7,a7 ,a summary of total procurement funds expended on articles1 materials1 and supplies mined1 produced1 or manufactured-- 7i7 inside the ,united ,states2 7ii7 outside the ,united ,states2 and 7iii7 outside the ,united ,states-- 7,i7 under each category of waiver under chapter #hc of title #da1 ,united ,states ,code2 7,,ii7 under each category of exception under such chapter2 and 7,,iii7 for each country that mined1 produced1 or manufactured such articles1 materials1 and supplies4 7,b7 ,for each fiscal year covered by the report-- 7i7 the dollar value of any articles1 materials1 or supplies that were mined1 produced1 or manufactured outside the ,united ,states1 in the aggregate and by country2 7ii7 an itemized list of all waivers made under this chapter with respect to articles1 materials1 or supplies and the country where such articles1 materials1 or supplies were mined1 produced1 or manufactured2 7iii7 if any articles1 materials1 or supplies were acquired from entities that mine1 produce1 or manufacture such articles1 materials1 or supplies outside the ,united ,states due to an exception 7that is not the micro-purchase threshold exception described under section #hcjb7;a77#b77;,c7 of title #da1 ,united ,states ,code71 the specific exception that was used to purchase such articles1 materials1 or supplies2 7iv7 if any articles1 materials1 or supplies were acquired from entities that mine1 produce1 or manufacture such articles1 materials1 or supplies outside the ,united ,states pursuant to a reciprocal defense procurement memorandum of understanding 7as described in section #hcjd of title #da1 ,united ,states ,code71 or a trade agreement or least developed country designation described in subpart #be4djj of the ,federal ,acquisition ,regulation1 a citation to such memorandum of understanding1 trade agreement1 or designation2 and 7v7 a summary of-- 7,i7 the total procurement funds expended on articles1 materials1 and supplies mined1 produced1 or manufactured inside the ,united ,states2 7,,ii7 the total procurement funds expended on articles1 materials1 and supplies mined1 produced1 or manufactured outside the ,united ,states2 and 7,,iii7 the total procurement funds expended on articles1 materials1 and supplies mined1 produced1 or manufactured outside the ,united ,states per country that mined1 produced1 or manufactured such articles1 materials1 and supplies4 7,c7 ,a description of the methods used by each ,federal agency to calculate the percentage domestic content of articles1 materials1 and supplies mined1 produced1 or manufactured in the ,united ,states4 7#c7 ,analysis of domestic information technology and semiconductor manufacturing capabilities ,not later than #a year after the date of the enactment of this ,act1 the ,international ,trade ,commission shall submit to ,congress an industry analysis of the capabilities of the domestic information technology and semiconductor industry to supply the ,federal ,government with domestically manufactured information technology systems4 7c7 ,definitions ,section #hcja of title #da1 ,united ,states ,code1 is amended by adding at the end the following new paragraphs3 7#c7 ,federal agency ,the term ,federal agency has the meaning given the term executive agency in section #acc of title #da1 ,united ,states ,code4 7#d7 ,substantially all ,the term substantially all1 with respect to articles1 materials1 or supplies mined1 produced1 or manufactured in the ,united ,states1 means that-- 7,a7 the cost of the domestic components of such articles1 materials1 or supplies exceeds #ge percent of the total cost of all components of such articles1 materials1 or supplies2 or 7,b7 in the event that a ,federal agency does not receive an offer on a contract that meets such threshold1 the cost of the domestic components of such articles1 materials1 or supplies exceeds #fj percent of the total cost of all components of such articles1 materials1 or supplies4 7#e7 ,waiver ,the term waiver1 with respect to the acquisition of an article1 material1 or supply for public use1 means the inapplicability of this chapter to the acquisition by reason of any of the following determinations under section #hcjb7;a77#a7 or #hcjc7;b77#c7 of this title3 7,a7 ,a determination by the head of the ,federal agency concerned that the acquisition is inconsistent with the public interest4 7,b7 ,a determination by the head of the ,federal agency concerned that the cost of the acquisition is unreasonable4 7,c7 ,a determination by the head of the ,federal agency concerned that the article1 material1 or supply is not mined1 produced1 or manufactured in the ,united ,states in sufficient and reasonably available commercial quantities of a satisfactory quality4 4 7d7 ,conforming amendments ,title #da1 ,united ,states ,code1 is amended-- 7#a7 in section #hcjb-- 7,a7 in paragraph 7#a7 of subsection 7a7-- 7i7 by striking department or independent establishment and inserting ,federal agency2 and 7ii7 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 interest1 their cost to be unreasonable1 or that the articles1 materials1 or supplies of the class or kind to be used1 or the articles1 materials1 or supplies from which they are manufactured1 are not mined1 produced1 or manufactured in the ,united ,states in sufficient and reasonably available commercial quantities and of a satisfactory quality2 and 7,b7 in paragraph 7#b7 of subsection 7a7-- 7i7 in subparagraph 7,a71 by inserting subject to subsection 7c77#b77;,a71 before to articles1 materials1 or supplies2 and 7ii7 by amending subparagraph 7,b7 to read as follows3 7,b7 to any articles1 materials1 or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding 7as described in section #hcjd71 or a trade agreement or least developed country designation described in subpart #be4djj of the ,federal ,acquisition ,regulation2 and 2 and 7#b7 in section #hcjc-- 7,a7 in subsection 7b7-- 7i7 by striking department or independent establishment each place it appears and inserting ,federal agency2 7ii7 by amending subparagraph 7,b7 of paragraph 7#a7 to read as follows3 7,b7 to any articles1 materials1 or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding 7as described in section #hcjd71 or a trade agreement or least developed country designation described in subpart #be4djj of the ,federal ,acquisition ,regulation2 and 2 and 7iii7 in paragraph 7#c7-- 7,i7 in the heading1 by striking ,inconsistent with public interest and inserting ,waiver ,authority2 and 7,,ii7 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 interest1 their cost to be unreasonable1 or that the articles1 materials1 or supplies of the class or kind to be used1 or the articles1 materials1 or supplies from which they are manufactured1 are not mined1 produced1 or manufactured in the ,united ,states in sufficient and reasonably available commercial quantities and of a satisfactory quality2 and 7,b7 in subsection 7c71 by striking department1 bureau1 agency1 or independent establishment each place it appears and inserting ,federal agency4 7e7 ,exclusion from inflation adjustment of acquisition-,related dollar thresholds ,subparagraph 7,a7 of section #aijh7;b77#b7 of title #da1 ,united ,states ,code1 is amended by striking chapter #fg and inserting chapters #fg and #hc4 #d4 ,united ,states obligations under international agreements ,this ,act1 and the amendments made by this ,act1 shall be applied in a manner consistent with ,united ,states obligations under international agreements4 #e4 ,definitions ,in this ,act3 7#a7 ,federal agency ,the term ,federal agency has the meaning given the term executive agency in section #acc of title #da1 ,united ,states ,code4 7#b7 ,waiver ,the term waiver1 with respect to the acquisition of an article1 material1 or supply for public use1 means the inapplicability of chapter #hc of title #da1 ,united ,states ,code1 to the acquisition by reason of any of the following determinations under section #hcjb7;a77#a7 or #hcjc7;b77#c7 of such title3 7,a7 ,a determination by the head of the ,federal agency concerned that the acquisition is inconsistent with the public interest4 7,b7 ,a determination by the head of the ,federal agency concerned that the cost of the acquisition is unreasonable4 7,c7 ,a determination by the head of the ,federal agency concerned that the article1 material1 or supply is not mined1 produced1 or manufactured in the ,united ,states in sufficient and reasonably available commercial quantities of a satisfactory quality4