Sec. 4122. Amendments relating to Buy American Act
836 words·~4 min read·
/bill/117/s/1260/es/section-4122·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 8302 of title 41, United States Code, is amended by adding at the end the following new subsection: The following rules apply in carrying out the provisions of subsection (a): For purposes of this section, manufactured articles, materials, 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 steel, from the initial melting stage through the application of coatings, occurs in the United States.
Notwithstanding any law or regulation to the contrary, including section 1907 of this title and the Federal Acquisition Regulation, the requirements of this section apply to all iron and steel articles, materials, and supplies. . Section 8303 of title 41, United States Code, is amended— by redesignating subsection
(c)as subsection (d); and by inserting after subsection
(b)the following new subsection: For purposes of this section, manufactured articles, materials, 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 steel, from the initial melting stage through the application of coatings, occurs in the United States. Notwithstanding any law or regulation to the contrary, including section 1907 of this title and the Federal Acquisition Regulation, the requirements of this section apply to all iron and steel articles, materials, and supplies used in contracts described in subsection (a). . Subsection
(b)of section 8302 of title 41, United States Code, is amended to read as follows: Not later than 180 days after the end of the fiscal year during which the Build America, Buy America Act is enacted, and annually thereafter for 4 years, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the total amount of acquisitions made by Federal agencies in the relevant fiscal year of articles, materials, or supplies acquired from entities that mine, produce, or manufacture the articles, materials, or supplies outside the United States. This subsection does not apply to acquisitions made by an agency, or component of an agency, that is an element of the intelligence community as specified in, or designated under, section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). . Section 8301 of title 41, United States Code, is amended by adding at the end the following new paragraph: The term Federal agency has the meaning given the term executive agency in section 133 of this title. . Title 41, United States Code, is amended— in section 8302(a)— in paragraph (1)— by striking department or independent establishment and inserting Federal agency ; and 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 interest, their cost to be unreasonable, or that the articles, materials, or supplies of the class or kind to be used, or the articles, materials, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality ; and in paragraph (2), by amending subparagraph
(B)to read as follows: to any articles, materials, or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding (as described in section 8304 of this title), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation; and ; and in section 8303— in subsection (b)— by striking department or independent establishment each place it appears and inserting Federal agency ; by amending subparagraph
(B)of paragraph
(1)to read as follows: to any articles, materials, or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding (as described in section 8304), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation; and ; and in paragraph (3)— in the heading, by striking and inserting Inconsistent with public interest ; and Waiver Authority 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 interest, their cost to be unreasonable, or that the articles, materials, or supplies of the class or kind to be used, or the articles, materials, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality ; and in subsection (d), as redesignated by subsection (b)(1) of this section, by striking department, bureau, agency, or independent establishment each place it appears and inserting Federal agency . Subparagraph
(A)of section 1908(b)(2) of title 41, United States Code, is amended by striking chapter 67 and inserting chapters 67 and 83 .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 4122
Amendments relating to Buy American Act
Cites 1Cited by 0 across 0 sources