Sec. 70921. REGULATIONS RELATING TO BUY AMERICAN ACT
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## SEC. 70921 REGULATIONS RELATING TO BUY AMERICAN ACT ###
(a)In General Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget (“Director”), acting through the Administrator for Federal Procurement Policy and, in consultation with the Federal Acquisition Regulatory Council, shall promulgate final regulations or other policy or management guidance, as appropriate, to standardize and simplify how Federal agencies comply with, report on, and enforce the Buy American Act. The regulations or other policy or management guidance shall include, at a minimum, the following: ####
(1)Guidelines for Federal agencies to determine, for the purposes of applying sections 8302(a) and 8303(b)(3) of title 41, United States Code, the circumstances under which the acquisition of articles, materials, or supplies mined, produced, or manufactured in the United States is inconsistent with the public interest. ####
(2)Guidelines to ensure Federal agencies base determinations of non-availability on appropriate considerations, including anticipated project delays and lack of substitutable articles, materials, and supplies mined, produced, or manufactured in the United States, when making determinations of non-availability under section 8302(a)(1) of title 41, United States Code. ####
(3)#####
(A)Uniform procedures for each Federal agency to make publicly available, in an easily identifiable location on the website of the agency, and within the following time periods, the following information: ######
(i)A written description of the circumstances in which the head of the agency may waive the requirements of the Buy American Act. ######
(ii)Each waiver made by the head of the agency within 30 days after making such waiver, including a justification with sufficient detail to explain the basis for the waiver. #####
(B)The procedures established under this paragraph shall ensure that the head of an agency, in consultation with the head of the Made in America Office established under section 70923(a), may limit the publication of classified information, trade secrets, or other information that could damage the United States. ####
(4)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 Act. ####
(5)An increase to the price preferences for domestic end products and domestic construction materials. ####
(6)Amending the definitions of “domestic end product” and “domestic construction material” to ensure that iron and steel products are, to the greatest extent possible, made with domestic components. ###
(b)Guidelines Relating to Waivers ####
(1)Inconsistency with public interest #####
(A)In general With respect to the guidelines developed under subsection (a)(1), the Administrator shall seek to minimize waivers related to contract awards that— ######
(i)result in a decrease in employment in the United States, including employment among entities that manufacture the articles, materials, or supplies; or ######
(ii)result in awarding a contract that would decrease domestic employment. #####
(B)Covered employment For purposes of subparagraph (A), employment refers to positions directly involved in the manufacture of articles, materials, or supplies, and does not include positions related to management, research and development, or engineering and design. ####
(2)Assessment on use of dumped or subsidized foreign products #####
(A)In general To the extent otherwise permitted by law, before granting a waiver in the public interest to the guidelines developed under subsection (a)(1) with respect to a product sourced from a foreign country, a Federal agency shall assess whether a significant portion of the cost advantage of the product is the result of the use of dumped steel, iron, or manufactured goods or the use of injuriously subsidized steel, iron, or manufactured goods. #####
(B)Consultation The Federal agency conducting the assessment under subparagraph
(A)shall consult with the International Trade Administration in making the assessment if the agency considers such consultation to be helpful. #####
(C)Use of findings The Federal agency conducting the assessment under subparagraph
(A)shall integrate any findings from the assessment into its waiver determination. ###
(c)Sense of Congress on Increasing Domestic Content Requirements It is the sense of Congress that the Federal Acquisition Regulatory Council should amend the Federal Acquisition Regulation to increase the domestic content requirements for domestic end products and domestic construction material to 75 percent, or, in the event of no qualifying offers, 60 percent. ###
(d)Definition of End Product Manufactured in the United States Not later than 1 year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend part 25 of the Federal Acquisition Regulation to provide a definition for “end product manufactured in the United States,” including guidelines to ensure that manufacturing processes involved in production of the end product occur domestically.