,i #aafth ,,congress #b;d ,session ,h4 ,r4 #giee ,,in ,,the ,,house ,,of ,,representatives ,august #g1 #bjbj ,mr4 ,cicilline introduced the following bill2 which was referred to the ,committee on ,oversight and ,reform1 and in addition to the ,committees on ,transportation and ,infrastructure1 and ,financial ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend chapter #hc of title #da1 ,united ,states ,code 7popularly referred to as the ,buy ,american ,act71 and certain other laws with respect to certain waivers under those laws1 to provide greater transparency regarding exceptions to domestic sourcing requirements1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the #bast ,century ,buy ,american ,act4 #b4 ,increase of domestic content percentage to #fj percent ,section #hcja of title #da1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#c7 ,substantially all ,articles1 materials1 or supplies shall be treated as made substantially all from articles1 materials1 or supplies mined1 produced1 or manufactured in the ,united ,states1 if 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 4 #c4 ,criteria required for use of overseas exception ,section #hcjb of title #da1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7c7 ,criteria for use of overseas exception 7#a7 ,in general ,the exception under subsection 7a77#b77;,a7 for articles1 materials1 or supplies to be acquired for use outside the ,united ,states may not be used unless one of the following criteria is met3 7,a7 ,the articles1 materials1 or supplies are needed urgently for national security reasons4 7,b7 ,a cost analysis described in paragraph 7#b7 demonstrates that the articles1 materials1 or supplies to be acquired 7if acquired from a firm manufacturing in the ,united ,states7 would be more than #ej percent more expensive for the ,federal agency acquiring the articles1 materials1 or supplies4 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 urgently for national security reasons1 before entering into a contract an analysis shall be made of the difference in the cost of acquiring the articles1 materials1 or supplies from a firm manufacturing the articles1 materials1 or supplies in the ,united ,states 7including the cost of shipping7 and the cost of acquiring the articles1 materials1 or supplies from a firm manufacturing the articles1 materials1 or supplies outside the ,united ,states 7including the cost of shipping74 4 #d4 ,criteria required for use of public interest exception 7a7 ,buy ,american ,act ,section #hcjb of title #da1 ,united ,states ,code1 as amended by section #c1 is further amended by adding at the end the following new subsection3 7d7 ,criteria for use of public interest exception ,in determining whether a public interest exception shall be applied under subsection 7a71 the head of a ,federal agency shall-- 7#a7 consider the short-term and long-term effects of applying such exception on employment within the ,united ,states1 taking into account information provided by entities that manufacture the articles1 materials1 or supplies concerned in the ,united ,states2 and 7#b7 determine that preserving or increasing employment within the ,united ,states is consistent with the public interest4 4 7b7 ,federal ,transit ,administration ,funds ,section #ecbc7;j7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#ad7 ,criteria for use of public interest waiver ,in determining whether a public interest waiver shall be issued under paragraph 7#b77;,a71 the ,secretary shall-- 7,a7 consider the short-term and long-term effects of applying such waiver on employment within the ,united ,states1 taking into account information provided by entities that produce the steel1 iron1 and goods concerned in the ,united ,states2 and 7,b7 determine that preserving or increasing employment within the ,united ,states is consistent with the public interest4 4 7c7 ,federal ,highway ,administration ,funds ,section #cac of title #bc1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7h7 ,criteria for use of public interest finding ,in determining whether a public interest finding shall be made under subsection 7b77#a71 the ,secretary shall-- 7#a7 consider the short-term and long-term effects of making such finding on employment within the ,united ,states1 taking into account information provided by entities that produce the materials or products concerned in the ,united ,states2 and 7#b7 determine that preserving or increasing employment within the ,united ,states is consistent with the public interest4 4 7d7 ,amtrak funds ,section #bdcje7;f7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#e7 ,in deciding whether a public interest exemption shall be issued under paragraph 7#d77;,a77i71 the ,secretary shall-- 7,a7 consider the short-term and long-term effects of issuing such exemption on employment within the ,united ,states1 taking into account information provided by entities that manufacture the articles1 material1 or supplies concerned in the ,united ,states2 and 7,b7 determine that preserving or increasing employment within the ,united ,states is consistent with the public interest4 4 7e7 ,federal ,railroad ,administration ,high ,speed ,rail ,program ,funds ,section #bddje7;a7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#ab7 ,in determining whether a public interest waiver shall be granted under paragraph 7#b77;,a71 the ,secretary shall-- 7,a7 consider the short-term and long-term effects of granting such waiver on employment within the ,united ,states1 taking into account information provided by entities that produce the steel1 iron1 or goods concerned in the ,united ,states2 and 7,b7 determine that preserving or increasing employment within the ,united ,states is consistent with the public interest4 4 7f7 ,federal ,aviation ,administration ,funds ,section #ejaja of title #di1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7d7 ,criteria for use of public interest waiver ,in determining whether a public interest waiver shall be granted under subsection 7b77#a71 the ,secretary shall-- 7#a7 consider the short-term and long-term effects of granting such waiver on employment within the ,united ,states1 taking into account information provided by entities that produce the steel or goods concerned in the ,united ,states2 and 7#b7 determine that preserving or increasing employment within the ,united ,states is consistent with the public interest4 4 7g7 ,water ,pollution ,prevention and ,control ,grants for construction of treatment works ,section #bae of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abie7 is amended-- 7#a7 by inserting 7a7 ,in general4-- before ,notwithstanding2 and 7#b7 by adding at the end the following new subsection3 7b7 ,criteria for use of public interest exception ,in determining whether a public interest exception shall be applied under subsection 7a71 the ,administrator shall-- 7#a7 consider the short-term and long-term effects of applying such exception on employment within the ,united ,states1 taking into account information provided by entities that manufacture the articles1 materials1 or supplies concerned in the ,united ,states2 and 7#b7 determine that preserving or increasing employment within the ,united ,states is consistent with the public interest4 4 #e4 ,waiver transparency and streamlining through the establishment of ,buy,american4gov website 7a7 ,in general ,not later than #ahj days 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 justifying why the requested waiver is in 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 ,definitions ,in this section3 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 #f4 ,loans and loan guarantees to domestic manufacturers under ,defense ,production ,act 7a7 ,program authorized ,the ,president1 acting through the ,secretary of ,defense1 may establish and carry out a program to make or guarantee loans under title ,,iii of the ,defense ,production ,act 7#ej ,u4,s4,c4 ,app4 #bjia et seq47 to eligible entities in accordance with this section4 7b7 ,eligibility requirements ,the ,secretary of ,defense shall establish eligibility requirements for purposes of the loans or loan guarantees under this section in order to provide assistance to any entity that-- 7#a7 is a manufacturer in the ,united ,states2 7#b7 is a firm certified as eligible to apply for adjustment assistance under section #bea7;c7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcda7;c772 and 7#c7 meets one of the following criteria3 7,a7 ,the entity mines1 produces1 or manufactures a nonavailable item4 7,b7 ,the entity is the last remaining manufacturer of an item in the ,united ,states1 as determined by the ,secretary of ,defense1 and can prove hardship because of foreign competition4 7,c7 ,the entity is the last remaining manufacturer of an item in the ,united ,states and that item is considered to be vital for national security purposes by the ,department of ,defense or another department or agency of the ,united ,states4 7c7 ,amount of loan or loan guarantee ,the amount of any loan made or guaranteed under this section may not exceed #e1jjj1jjj per entity4 7d7 ,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 purposes3 7#a7 ,increasing its ability to compete for a ,government contract for a nonavailable item4 7#b7 ,increasing its ability to produce a nonavailable item4 7#c7 ,increasing its capacity to produce items that are vital to national security4 7e7 ,application requirements ,to receive a loan or loan guarantee under this section1 an eligible entity shall submit an application to the ,secretary of ,defense at such time1 in such manner1 and containing such information as the ,secretary may require4 ,at a minimum1 the application shall include a statement regarding the number of direct full-time domestic jobs expected to be created or retained as a result of the loan made or guaranteed1 but such statement shall not be the sole factor used in determining the award of the loan or loan guarantee4 7f7 ,annual evaluation of loan or loan guarantee recipients by ,department of ,defense ,the ,secretary of ,defense each year shall evaluate recipients of loans or loan guarantees under this section to determine the proper allocation of loan funds that are loaned or guaranteed4 7g7 ,definition of nonavailable item ,in this section1 the term nonavailable item means any of the following3 7#a7 ,an article1 material1 or supply-- 7,a7 that has been determined by a ,federal agency1 pursuant to chapter #hc of title #da1 ,united ,states ,code 7popularly referred to as the ,buy ,american ,act71 to not be mined1 produced1 or manufactured in the ,united ,states in sufficient and reasonably available commercial quantities of a satisfactory quality2 or 7,b7 that is listed on the list of nonavailable articles under subpart #be4ajd of the ,federal ,acquisition ,regulation4 7#b7 ,an article or item-- 7,a7 that is described in section #becc;a7b7 of title #aj1 ,united ,states ,code1 and grown1 reprocessed1 reused1 or produced in the ,united ,states2 and 7,b7 satisfactory quality and sufficient quantity of which cannot be procured as and when needed at ,united ,states market prices1 as determined by the ,secretary of ,defense or the ,secretary of the military department concerned1 pursuant to section #becc;a7c7 of such title4 7#c7 ,compliant specialty metal-- 7,a7 as defined in section #becc;b7b7 of title #aj1 ,united ,states ,code2 and 7,b7 satisfactory quality and sufficient quantity of which1 and in the required form1 cannot be procured as and when needed1 as determined by the ,secretary of ,defense or the ,secretary of the military department concerned1 pursuant to such section #becc;b7b74 7#d7 ,an item listed in subsection 7a7 of section #becd of title #aj1 ,united ,states ,code1 if the ,secretary determines1 under subsection 7d77#d7 of such section1 that satisfactory quality of the item manufactured by an entity that is part of the national technology and industrial base 7as defined in section #bejj7a7 of such title7 is not available4