,,ii #aagth ,,congress #ast ,session ,s4 #cfc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bc1 #bjba,ms4 ,stabenow 7for herself1 ,mr4 ,braun1 ,mr4 ,peters1 ,mr4 ,portman1 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 ,made in ,america ,office4,sec4 #e4 ,department of ,transportation ,buy ,america provisions4,sec4 #f4 ,hollings ,manufacturing ,extension ,partnership activities4,sec4 #g4 ,united ,states obligations under international agreements4,sec4 #h4 ,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 ,director of the ,office of ,management and ,budget 7,director71 acting through the ,administrator for ,federal ,procurement ,policy and1 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 the ,buy ,american ,act4 ,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 title #da1 ,united ,states ,code1 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 written description of the circumstances in which the head of the agency may waive the requirements of the ,buy ,american ,act4 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 ,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 ,act4 7#d7 ,increasing the price preferences for domestic end products and domestic construction materials4 7#e7 ,amending the definitions of domestic end product and domestic construction material to ensure that iron and steel products are1 to the greatest extent possible1 made with domestic components4 7b7 ,guidelines relating to waivers 7#a7 ,inconsistency with public interest 7,a7 ,in general ,with respect to the guidelines developed under subsection 7a77#a71 the ,administrator shall seek to minimize waivers related to contract awards that-- 7i7 result in a decrease in employment in the ,united ,states1 which shall be considered to be inconsistent with the public interest1 including employment among entities that manufacture the articles1 materials1 or supplies2 or 7ii7 result in not awarding a contract that would boost domestic employment4 7,b7 ,covered employment ,for purposes of subparagraph 7,a71 employment refers to positions directly involved in the manufacture of articles1 materials1 or supplies1 and does not include positions related to management1 research and development1 or engineering and design4 7#b7 ,assessment on use of dumped or subsidized foreign products 7,a7 ,in general ,to the extent otherwise permitted by law1 before granting a waiver in the public interest to the guidelines developed under subsection 7a77#a7 with respect to a product sourced from a foreign country1 a ,federal agency shall assess whether a significant portion of the cost advantage of the product is the result of the use of dumped steel1 iron1 or manufactured goods or the use of injuriously subsidized steel1 iron1 or manufactured goods4 7,b7 ,consultation ,the ,federal agency conducting the assessment under subparagraph 7,a7 shall consult with the ,international ,trade ,administration in making the assessment if the agency considers such consultation to be helpful4 7,c7 ,use of findings ,the ,federal agency conducting the assessment under subparagraph 7,a7 shall integrate any findings from the assessment into its waiver determination4 7c7 ,definition of end product manufactured in the ,united ,states ,not later than #a year after the date of the enactment of this ,act1 the ,federal ,acquisition ,regulatory ,council shall amend part #be of the ,federal ,acquisition ,regulation to provide a definition for end product manufactured in the ,united ,states1 including guidelines to ensure that manufacturing processes involved in production of the end product occur domestically4 #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 following new subsection3 7c7 ,special rules ,the following rules apply in carrying out the provisions of subsection 7a73 7#a7 ,iron and steel manufactured in the ,united ,states ,for purposes of this section1 manufactured articles1 materials1 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 steel1 from the initial melting stage through the application of coatings1 occurs in the ,united ,states4 7#b7 ,limitation on exception for commercially available off-the-shelf items ,notwithstanding any law or regulation to the contrary1 including section #aijg of this title and the ,federal ,acquisition ,regulation1 the requirements of this section apply to all iron and steel articles1 materials1 and supplies4 7#c7 ,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#d7 ,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 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 ,production of iron and steel for purposes of contracts for public works ,section #hcjc of title #da1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,special rules 7#a7 ,production of iron and steel ,for purposes of this section1 manufactured articles1 materials1 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 steel1 from the initial melting stage through the application of coatings1 occurs in the ,united ,states4 7#b7 ,limitation on exception for commercially available off-the-shelf items ,notwithstanding any law or regulation to the contrary1 including section #aijg of this title and the ,federal ,acquisition ,regulation1 the requirements of this section apply to all iron and steel articles1 materials1 and supplies used in contracts described in subsection 7a74 4 7c7 ,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 the fiscal year during which the ,make ,it in ,america ,act is enacted1 and annually thereafter for #d years1 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 the fiscal year during which the ,make ,it in ,america ,act is enacted1 and annually thereafter for #d years1 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 7d7 ,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 this title4 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 written determination by the head of the ,federal agency concerned that the acquisition is inconsistent with the public interest4 7,b7 ,a written determination by the head of the ,federal agency concerned that the cost of the acquisition is unreasonable4 7,c7 ,a written 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 7e7 ,conforming amendments ,title #da1 ,united ,states ,code1 is amended-- 7#a7 in section #hcjb7;a7-- 7,a7 in paragraph 7#a7-- 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-- 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 #hcjd of this title71 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 7f7 ,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 ,made in ,america ,office 7a7 ,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 ,office4 ,the head of the office shall be appointed by the ,director of the ,office of ,management and ,budget 7in this section referred to as the ,made in ,america ,director74 7b7 ,duties ,the ,made in ,america ,director shall have the following duties3 7#a7 ,maximize and enforce compliance with domestic preference statutes4 7#b7 ,develop and implement procedures to review waiver requests or inapplicability requests related to domestic preference statutes under subsection 7c74 7#c7 ,prepare the reports required under subsection 7d7 and 7f74 7#d7 ,ensure that contracting personnel at each ,federal agency annually complete training on obligations under the ,buy ,american ,act and other agency-specific domestic preference statutes4 7#e7 ,conduct the review of reciprocal defense agreements required under subsection 7e74 7#f7 ,ensure that ,federal agencies and the ,hollings ,manufacturing ,extension ,partnership partner with each other to promote compliance with domestic preference statutes4 7#g7 ,ensure the development of a domestic supply base to meet ,federal procurement requirements4 7c7 ,review of waiver requests and inapplicability requests 7#a7 ,required review ,before a ,federal agency grants a waiver or determines the inapplicability of a domestic preference statute1 the head of the ,federal agency shall transmit a written request for such waiver to the ,made in ,america ,director for review1 together with a detailed justification for the request4 7#b7 ,notification of determination ,the ,made in ,america ,director1 in consultation with the ,administrator for ,federal ,procurement ,policy and the ,federal ,acquisition ,regulatory ,council1 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 request4 7#c7 ,disagreements 7,a7 ,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 7#b71 the head of the agency shall inform the ,made in ,america ,director in writing4 7,b7 ,resolution ,to the extent permitted by law1 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 #g of ,executive ,order ,no4 #abhff1 dated ,september #cj1 #aiic 7related to regulatory planning and review71 with respect to the ,director of the ,office of ,information and ,regulatory ,affairs within the ,office of ,management and ,budget4 7#d7 ,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 section1 the head of the agency shall notify the ,made in ,america ,director of the circumstances as soon as possible4 7d7 ,office of ,management and ,budget report ,not later than #a year after the date of the enactment of this ,act1 the ,director of the ,office of ,management and ,budget1 working through the ,made in ,america ,director1 shall report to ,congress on the extent to which1 in each of fiscal years #bjah1 #bjai1 and #bjbj 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-- 7,a7 inside the ,united ,states2 7,b7 outside the ,united ,states2 and 7,c7 outside the ,united ,states-- 7i7 under each category of waiver under the ,buy ,american ,act2 7ii7 under each category of exception under such chapter2 and 7iii7 for each country that mined1 produced1 or manufactured such articles1 materials1 and supplies4 7#b7 ,for each 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 the ,buy ,american ,act 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 section #hcjb7;a77#b77;,c7 of title #da1 ,united ,states ,code71 the specific exception that was used to purchase such articles1 materials1 or supplies2 and 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 #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 designation4 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 7e7 ,review of reciprocal defense agreements 7#a7 ,review of process ,not later than #ahj days after the date of the enactment of this ,act1 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 access4 7#b7 ,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 governments4 7f7 ,report on use of ,made in ,america ,laws ,not later than #ij days after the date of the enactment of this ,act1 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 #aa of ,executive ,order ,no4 #adjje1 dated ,january #be1 #bjba 7relating to ensuring the future is made in all of ,america by all of ,america's workers74 7g7 ,domestic preference statute defined ,in this section1 the term domestic preference statute means any of the following3 7#a7 the ,buy ,american ,act2 7#b7 a ,buy ,america law 7as that term is defined in section #e7;a772 7#c7 the ,berry ,amendment2 7#d7 section #fjd of the ,american ,recovery and ,reinvestment ,act of #bjji 7#f ,u4,s4,c4 #dec;b7 7commonly referred to as the ,kissell amendment72 7#e7 section #becc;b of title #aj 7commonly referred to as the specialty metals clause72 and 7#f7 any other law1 regulation1 rule1 or executive order relating to ,federal financial assistance awards or ,federal procurement1 that requires1 or provides a preference for1 the purchase or acquisition of goods1 products1 or materials produced in the ,united ,states1 including iron1 steel1 and manufactured goods offered in the ,united ,states4 #e4 ,department of ,transportation ,buy ,america provisions 7a7 ,definitions ,in this section3 7#a7 ,buy ,america law ,the term ,buy ,america law means any of the following3 7,a7 ,section #cac of title #bc1 ,united ,states ,code4 7,b7 ,section #ecbc7;j7 of title #di1 ,united ,states ,code4 7,c7 ,section #bbije7;a7 of title #di1 ,united ,states ,code4 7,d7 ,section #ejaja of title #di1 ,united ,states ,code4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,technical assistance partnership ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall enter into a technical assistance partnership with the ,secretary of ,commerce1 acting through the ,director of the ,national ,institute of ,standards and ,technology-- 7#a7 to ensure the development of a domestic supply base to support intermodal transportation in the ,united ,states1 such as intercity high speed rail transportation1 public transportation systems1 highway construction or reconstruction1 or airport improvement projects2 7#b7 to ensure compliance with ,buy ,america laws that apply to a project that receives assistance from the ,federal ,highway ,administration1 the ,federal ,transit ,administration1 the ,federal ,railroad ,administration1 the ,federal ,aviation ,administration1 or another office or modal administration of the ,secretary of ,transportation2 7#c7 to encourage technologies developed with the support of and resources from the ,secretary to be transitioned into commercial market and applications2 and 7#d7 to establish procedures for consultation under subsection 7c74 7c7 ,consultation ,before granting a written waiver under a ,buy ,america law1 the ,secretary shall consult with the ,director of the ,hollings ,manufacturing ,extension ,partnership regarding whether there is a domestic entity that could provide the iron1 steel1 or manufactured good or product that is the subject of the proposed waiver4 7d7 ,annual report ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report that includes-- 7#a7 a detailed description of the consultation procedures developed under subsection 7b77#d72 7#b7 a detailed description of each waiver requested under a ,buy ,america law in the preceding year that was subject to consultation under subsection 7c71 and the results of the consultation2 7#c7 a detailed description of each waiver granted under a ,buy ,america law in the preceding year1 including the type of waiver and the reasoning for granting the waiver2 and 7#d7 an update on challenges and gaps in the domestic supply base identified in carrying out subsection 7b77#a71 including a list of actions and policy changes the ,secretary recommends be taken to address those challenges and gaps4 #f4 ,hollings ,manufacturing ,extension ,partnership activities 7a7 ,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 opportunities4 7b7 ,automatic enrollment in ,,gsa ,advantage6 ,the ,administrator of the ,general ,services ,administration and the ,secretary of ,commerce1 acting through the ,under ,secretary of ,commerce for ,standards and ,technology1 shall jointly ensure that each business that participates in the ,hollings ,manufacturing ,extension ,partnership is automatically enrolled in ,general ,services ,administration ,advantage64 #g4 ,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 #h4 ,definitions ,in this ,act3 7#a7 ,berry ,amendment ,the term ,berry ,amendment means section #dhfb of title #aj1 ,united ,states ,code1 as redesignated by section #ahgj7;c77#b7 of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba4 7#b7 ,buy ,american ,act ,the term ,buy ,american ,act means chapter #hc of title #da1 ,united ,states ,code4 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 ,waiver ,the term waiver1 with respect to the acquisition of an article1 material1 or supply for public use1 means1 other than for purposes of section #e1 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