§ 70923. MADE IN AMERICA OFFICE.
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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 Office’. The head of the office shall be appointed by the Director of the Office of Management and Budget (in this section referred to as the ‘Made in America Director’). Duties .— The Made in America Director shall have the following duties: Maximize and enforce compliance with domestic preference statutes. Develop and implement procedures to review waiver requests or inapplicability requests related to domestic preference statutes. Prepare the reports required under subsections
(c)and (e). Ensure that Federal contracting personnel, financial assistance personnel, and non-Federal recipients are regularly trained on obligations under the Buy American Act [this chapter] and other agency-specific domestic preference statutes. Conduct the review of reciprocal defense agreements required under subsection (d). Ensure that Federal agencies, Federal financial assistance recipients, and the Hollings Manufacturing Extension Partnership partner with each other to promote compliance with domestic preference statutes. Support executive branch efforts to develop and sustain a domestic supply base to meet Federal procurement requirements. Office of Management and Budget Report .— Not later than 1 year after the date of the enactment of this Act [ Nov. 15, 2021 ], the Director of the Office of Management and Budget, working through the Made in America Director, shall report to the relevant congressional committees on the extent to which, in each of the three fiscal years prior to the date of enactment of this Act, articles, materials, or supplies acquired by the Federal Government were mined, produced, or manufactured outside the United States. Such report shall include for each Federal agency the following: A summary of total procurement funds expended on articles, materials, and supplies mined, produced, or manufactured— inside the United States; outside the United States; and outside the United States— under each category of waiver under the Buy American Act; under each category of exception under such chapter; and for each country that mined, produced, or manufactured such articles, materials, and supplies. For each fiscal year covered by the report— the dollar value of any articles, materials, or supplies that were mined, produced, or manufactured outside the United States, in the aggregate and by country; an itemized list of all waivers made under the Buy American Act with respect to articles, materials, or supplies, where available, and the country where such articles, materials, or supplies were mined, produced, or manufactured; if any articles, materials, or supplies were acquired from entities that mine, produce, or manufacture such articles, materials, or supplies outside the United States due to an exception (that is not the micro-purchase threshold exception described under section 8302(a)(2)(C) of title 41 , United States Code), the specific exception that was used to purchase such articles, materials, or supplies; and if any articles, materials, or supplies were acquired from entities that mine, produce, or manufacture such articles, materials, or supplies outside the United States pursuant to a reciprocal defense procurement memorandum of understanding (as described in section 8304 of title 41 , United States Code), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation, a citation to such memorandum of understanding, trade agreement, or designation. A description of the methods used by each Federal agency to calculate the percentage domestic content of articles, materials, and supplies mined, produced, or manufactured in the United States. Review of Reciprocal Defense Agreements.— Review of process .— Not later than 180 days after the date of the enactment of this Act, 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 access and report the findings of the review to the Director of the Office of Management and Budget, the Secretary of Defense, and the Secretary of State. Review of reciprocal procurement memoranda of understanding .— The Made in America Director shall review 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 governments to assess whether domestic entities will have equal and proportional access under the memoranda of understanding and report the findings of the review to the Director of the Office of Management and Budget, the Secretary of Defense, and the Secretary of State. Report on Use of Made in America Laws .— The Made in America Director shall submit to the relevant congressional committees a summary of each report on the use of Made in America Laws received by the Made in America Director pursuant to section 11 of Executive Order 14005, dated January 25, 2021 (relating to ensuring the future is made in all of America by all of America’s workers) [set out below] not later than 90 days after the date of the enactment of this Act or receipt of the reports required under section 11 of such Executive Order, whichever is later. Domestic Preference Statute Defined .— In this section, the term ‘domestic preference statute’ means any of the following: the Buy American Act; a Buy America law (as that term is defined in section 70916(a)); the Berry Amendment [ 10 U.S.C. 4862 ]; section 604 of the American Recovery and Reinvestment Act of 2009 ( 6 U.S.C. 453b ) (commonly referred to as the ‘Kissell amendment’); section 4863 of title 10 (commonly referred to as the ‘specialty metals clause’); laws requiring domestic preference for maritime transport, including the Merchant Marine Act, 1920 ( Public Law 66–261 ), commonly known as the ‘Jones Act’ [ act June 5, 1920, ch. 250 , see Tables for classification and Disposition Table preceding section 101 of Title 46 , Shipping]; and any other law, regulation, rule, or executive order relating to Federal financial assistance awards or Federal procurement, that requires, or provides a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, construction material, and manufactured goods offered in the United States.
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- Pub. L. 66-261
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