,,ii  #aafth ,,congress  #ast ,session  
,s4 #acbd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #f1       
#bjai,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 #bjai4  #b4   
,definitions ,in this ,act3 7#a7 ,buy   
,american law ,the term ,buy ,american  
law means any law1 regulation1          
,executive order1 or rule relating to   
,federal contracts1 grants1 or financial
 assistance 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 ,code2   
7,c7 section #cac of title #bc1 ,united 
,states ,code2  7,d7 section #ejaja of  
title #di1 ,united ,states ,code2  7,e7 
section #bddje of title #di1 ,united    
,states ,code2  7,f7 section #fjh of the
 ,federal ,water ,pollution ,control    
,act 7#cc ,u4,s4,c4 #achh72  7,g7       
section #adeb7;a77#d7 of the ,safe      
,drinking ,water ,act 7#db ,u4,s4,c4    
#cjj;j-#ab7;a77#d772  7,h7 section #ejce
 of the ,water ,resources ,reform and   
,development ,act of #bjad 7#cc         
,u4,s4,c4 #ciad72  7,i7 section #becc;a 
of title #aj1 ,united ,states ,code     
7commonly referred to as the ,berry     
,amendment72  7,j7 section #becc;b of   
title #aj1 ,united ,states ,code2 and   
7,k7 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  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 waivers2 and  7#c7 every        
executive agency should implement       
processes to routinely audit its        
compliance with ,buy ,american laws     
using data from the ,federal            
,procurement ,data ,system-,next        
,generation4  #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 
,the head of each executive agency shall
 review the guidance issued to executive
 agencies in accordance with ,executive 
,order #acghh regarding assessment of   
waivers and policies addressing ,buy    
,american laws and1 as necessary1 issue 

additional guidance4  #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 in a publicly        
available report 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  #g4 ,establishment of   
,buy,american4gov website ,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   
waivers4 ,the website shall also include
 the results of routine audits of the   
,federal ,procurement ,data             
,system-,next ,generation to determine  
data errors and ,buy ,american law      
violations after the award of a         

contract4 ,the website shall provide    
publicly available contact information  
for the contracting agencies4  #h4      
,waiver ,transparency and ,streamlining 
for grants  7a7 ,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  7b7 ,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  
notice of the agency's intention to     
waive the ,buy ,american law4 ,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 section #g1 a copy of
 the information provided pursuant to   
subsection 7a71 and shall allow for     
informal public comment on the request  
for at least #ae days prior to making a 
finding based on the request4  7c7      
,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 7b7-- 7,a7 information about 
the waiver was not made available on the

 website under section #g2 or  7,b7 no  
opportunity for public comment          
concerning the request was granted4     
7#b7 ,scope ,information made available 
to the public concerning the request    
included on the website described in    
section #g 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 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,d7 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 nonproprietary           
communications with the prime           
contractor4  7d7 ,nonavailability       
waivers  7#a7 ,in general ,except as    
provided under paragraph 7#b71 for a    
request citing nonavailability as the   
statutory basis for a waiver1 an        
executive agency shall provide an       
explanation of the procurement          
official's efforts to procure a product 

from a domestic source and the reasons  
why a domestic product was not suitable4
 ,those explanations shall be made      
available on ,buy,american4gov prior to 
the issuance of the waiver1 and the     
agency shall consider public comments   
regarding the availability of the       
product before making a final           
determination4  7#b7 ,exception ,an     
explanation under paragraph 7#a7 is not 
required for a product the              
nonavailability of which is established 
by law or regulation4  #i4 ,waiver      
transparency and streamlining for       
procurement  7a7 ,publication of        
information ,not less than #bj days     
prior to waiving1 pursuant to statutory 
authority1 any applicable ,buy ,american
 law1 the head of an executive agency   
shall make information concerning the   
intention to issue a waiver or exception
 in connection with a ,federal          
procurement available to the            
,administrator of ,general ,services4 ,a
 notice of the agency's intention to    

waive a ,buy ,american law shall be made
 available to the public through        
,buy,american4gov and shall include the 
statutory basis for exercise of the     
waiver or exception4  7b7               
,nonavailability waivers  7#a7 ,in      
general ,except as provided under       
paragraph 7#b71 for a request citing    
nonavailability as the statutory basis  
for a waiver1 an executive agency shall 
provide an explanation of the           
procurement official's efforts to       
procure a product from a domestic source
 and the reasons why a domestic product 
was not suitable4 ,the explanation shall
 be made available on ,buy,american4gov 
prior to the issuance of the waiver1 and
 the agency shall consider public       
comments regarding the availability of  
the product before making a final       
determination4  7#b7 ,exception ,an     
explanation under paragraph 7#a7 is not 
required for a product the              
nonavailability of which is established 
by law or regulation4  #aj4 ,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 ,act1 including  
recommendations for any legislation to  
improve the collection and reporting of 
information regarding waivers of and    
exceptions to ,buy ,american laws4  #aa4
 ,rules of construction  7a7 ,disclosure
 requirements ,nothing in this ,act     
shall be construed as preempting1       
superseding1 or otherwise affecting the 
application of any disclosure           
requirement or requirements otherwise   
provided by law or regulation4  7b7     
,establishment of successor information 
systems ,nothing in this ,act 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  #ab4   
,consistency with international         
agreements ,this ,act shall be applied  
in a manner consistent with ,united     
,states obligations under international 
agreements4