Sec. 70922. AMENDMENTS RELATING TO BUY AMERICAN ACT
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## SEC. 70922 AMENDMENTS RELATING TO BUY AMERICAN ACT ###
(a)Special Rules Relating to American Materials Required for Public Use Section 8302 of title 41, United States Code, is amended by adding at the end the following new subsection: > > ### “(c) Special Rules > > The following rules apply in carrying out the provisions of subsection (a): > > > #### “(1) Iron and steel manufactured in the united states > > 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. > > > #### “(2) Limitation on exception for commercially available off-the-shelf items > > 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.” > . ###
(b)Production of Iron and Steel for Purposes of Contracts for Public Works Section 8303 of title 41, United States Code, is amended— ####
(1)by redesignating subsection
(c)as subsection (d); and ####
(2)by inserting after subsection
(b)the following new subsection: > > ### “(c) Special Rules > > > #### “(1) Production of iron and steel > > 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. > > > #### “(2) Limitation on exception for commercially available off-the-shelf items > > 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).” > . ###
(c)Annual Report Subsection
(b)of section 8302 of title 41, United States Code, is amended to read as follows: > > ### “(b) Reports > > > #### “(1) In general > > 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. > > > #### “(2) Exception for intelligence community > > 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).” > . ###
(d)Definition Section 8301 of title 41, United States Code, is amended by adding at the end the following new paragraph: > > #### “(3) Federal agency > > The term ‘Federal agency’ has the meaning given the term ‘executive agency’ in section 133 of this title.” > . ###
(e)Conforming Amendments Title 41, United States Code, is amended— ####
(1)in section 8302(a)— #####
(A)in paragraph (1)— ######
(i)by striking “department or independent establishment” and inserting “Federal agency”; and ######
(ii)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 #####
(B)in paragraph (2), by amending subparagraph
(B)to read as follows: > > ##### “(B) > > 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 ####
(2)in section 8303— #####
(A)in subsection (b)— ######
(i)by striking “department or independent establishment” each place it appears and inserting “Federal agency”; ######
(ii)by amending subparagraph
(B)of paragraph
(1)to read as follows: > > ##### “(B) > > 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 ######
(iii)in paragraph (3)— ######
(I)in the heading, by striking “Inconsistent with public interest” and inserting “Waiver authority”; and ######
(II)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 #####
(B)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”. ###
(f)Exclusion From Inflation Adjustment of Acquisition-Related Dollar Thresholds 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”.
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Sec. 70922
AMENDMENTS RELATING TO BUY AMERICAN ACT
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