21st Century Buy American Act - Authorizes the Secretary of Commerce to establish and carry out a program to award grants to any entity that is a manufacturer in the United States, is a firm certified as eligible to apply for adjustment assistance under the Trade Act of 1974, and is an entity that either: (1) mines, produces, or manufactures a nonavailable item; (2) is the last remaining manufacturer of an item in the United States and can prove hardship because of foreign competition; or (3) is the last remaining manufacturer of an item in the United States that is considered to be vital for national security purposes. Permits a recipient to use such a grant to: (1) increase its ability to compete for a government contract for, and to produce, a nonavailable item; (2) increase its capacity to produce items that are vital to national security and to create or retain jobs; (3) modernize or renovate manufacturing facilities using domestically made equipment; and (4) cover costs associated with obtaining access to adjustment assistance.
Defines a "nonavailable item" as an article that: (1) a federal agency has determined is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; (2) has been subject to a waiver of buy American provisions under the American Recovery and Reinvestment Act of 2009; or (3) is on the list of nonavailable articles under the Federal Acquisition Regulation.
Amends the Buy America Act to: (1) make buy American requirements for articles for public use applicable without regard to whether the articles are for use outside the United States, if they are not needed on an urgent basis or are acquired on a regular basis; (2) require an analysis of the difference in the cost of such articles manufactured inside compared to outside the United States before a contract for such articles is entered; and (3) require an agency, before granting a public interest waiver or a waiver for use outside the United States, to consider the effect on domestic employment.
Requires: (1) each agency that applies an exception to the Buy American Act to notify the Director of the Office of Management and Budget (OMB), who shall post the notification on a publicly accessible website; and (2) the Comptroller General to report to Congress on the amount of articles purchased by each agency each fiscal year from entities that manufacture them outside the United States.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4553 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4553
To amend the Buy American Act with respect to certain waivers under
that Act, to provide greater transparency regarding exceptions to
domestic sourcing requirements, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 2010
Mr. Murphy of Connecticut (for himself, Ms. Sutton, Mr. Schauer, and
Mr. Lipinski) introduced the following bill; which was referred to the
Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To amend the Buy American Act with respect to certain waivers under
that Act, to provide greater transparency regarding exceptions to
domestic sourcing requirements, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Buy American Act''.
SEC. 2. GRANTS TO DOMESTIC MANUFACTURERS.
(a) Program Authorized.--The Secretary of Commerce is authorized to
establish and carry out a program to award grants to eligible entities
in accordance with this section.
(b) Eligibility Requirements.--The Secretary of Commerce shall
establish eligibility requirements for purposes of the grants under
this section in order to provide assistance to any entity that--
(1) is a manufacturer in the United States;
(2) is a firm certified as eligible to apply for adjustment
assistance under section 251(c) of the Trade Act of 1974 (19
U.S.C. 2341(c)); and
(3) meets one of the following criteria:
(A) The entity mines, produces, or manufactures a
nonavailable item.
(B) The entity is the last remaining manufacturer
of an item in the United States, as determined by the
Secretary of Commerce, and can prove hardship because
of foreign competition.
(C) The entity is the last remaining manufacturer
of an item in the United States and that item is
considered to be vital for national security purposes
by the Department of Defense or another department or
agency of the United States.
(c) Amount of Grant.--The amount of any grant under this section
may not exceed $5,000,000 per entity.
(d) Use of Funds.--
(1) In general.--Each eligible entity receiving a grant
under this section shall use the grant funds for any of the
following purposes:
(A) Increasing its ability to compete for a
Government contract for a nonavailable item.
(B) Increasing its ability to produce a
nonavailable item.
(C) Increasing its capacity to produce items that
are vital to national security.
(D) Increasing its capacity to create additional or
retain existing jobs.
(E) Modernizing or renovating existing
manufacturing facilities using domestically made
equipment.
(F) Covering costs associated with obtaining access
to adjustment assistance under chapter 3 of title II of
the Trade Act of 1974 (19 U.S.C. 2341 et seq.).
(2) Limitation.--No funds in a grant awarded under this
section may be used for profits of an eligible entity.
(e) Application Requirements.--To receive a grant under this
section, an eligible entity shall submit an application to the
Secretary of Commerce at such time, in such manner, and containing such
information as the Secretary may require. At a minimum, the application
shall include a statement regarding the number of direct full-time
domestic jobs expected to be created or retained as a result of the
grant, but such statement shall not be the sole factor used in
determining the award of the grant.
(f) Annual Evaluation of Grant Recipients by Department of
Commerce.--The Secretary of Commerce each year shall evaluate
recipients of grants under this section to determine the proper
allocation of grant funds.
(g) Definition of Nonavailable Item.--In this section, the term
``nonavailable item'' means an article, material, or supply--
(1) that has been determined by a Federal agency, pursuant
to the Buy American Act (41 U.S.C. 10a et seq.), to not be
mined, produced, or manufactured in the United States in
sufficient and reasonably available commercial quantities of a
satisfactory quality;
(2) that has been subject to a waiver under section 1605 of
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5; 123 Stat. 303); or
(3) that is listed on the list of nonavailable articles
under subpart 25.104 of the Federal Acquisition Regulation.
SEC. 3. REQUIREMENTS RELATING TO CERTAIN WAIVERS OF BUY AMERICAN ACT.
(a) Special Rules Relating to Certain Waivers.--Section 2 of the
Buy American Act (41 U.S.C. 10a) 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) Use outside the united states.--
``(A) In general.--Subsection (a) shall apply
without regard to whether the articles, materials, or
supplies to be acquired are for use outside the United
States if the articles, materials, or supplies are not
needed on an urgent basis or if they are acquired on a
regular basis.
``(B) Cost analysis.--In any case in which the
articles, materials, or supplies are to be acquired for
use outside the United States and are not needed on an
urgent basis, before entering into a contract an
analysis shall be made of the difference in the cost of
acquiring the articles, materials, or supplies from a
company manufacturing the articles, materials, or
supplies in the United States (including the cost of
shipping) and the cost of acquiring the articles,
materials, or supplies from a company manufacturing the
articles, materials, or supplies outside the United
States (including the cost of shipping).
``(2) Effect on domestic employment.--In determining
whether a public interest waiver, or waiver for use outside the
United States, shall be granted under subsection (a), the head
of a Federal agency shall--
``(A) consider the short-term and long-term effects
of granting such a waiver on employment within the
United States, taking into account information provided
by entities that manufacture the articles, materials,
or supplies concerned in the United States; and
``(B) determine that preserving or increasing
employment within the United States is consistent with
the public interest.''.
(b) Definition.--Section 1 of the Buy American Act (41 U.S.C. 10c)
is amended by adding at the end the following new subsection:
``(c) Substantially All.--Articles, materials, or supplies shall be
treated as made substantially all from articles, materials, or supplies
mined, produced, or manufactured in the United States, if the cost of
the domestic components of such articles, materials, or supplies
exceeds 60 percent of the total cost of all components of such
articles, materials, or supplies.''.
SEC. 4. TRANSPARENCY REQUIREMENTS.
(a) Requirement for Agencies To Notify OMB.--Each agency that
applies an exception to the Buy American Act (41 U.S.C. 10a et seq.)
shall submit to the Director of the Office of Management and Budget a
notification of the application of the exception and a statement
describing the procurement and the exception being applied.
(b) Requirement for Director of OMB To Post on Web Site.--Within 7
days after receipt of any notification under subsection (a), the
Director of the Office of Management and Budget shall post the
notification on a central, publicly accessible Web site of the Office.
(c) Definition of Agency.--In this section, the term ``agency'' has
the meaning given under section 551 of title 5, United States Code.
SEC. 5. REQUIREMENT FOR ANNUAL REPORT BY COMPTROLLER GENERAL ON
EXCEPTIONS TO BUY AMERICAN ACT AND OTHER DOMESTIC SOURCE
REQUIREMENTS.
(a) Report Requirement.--
(1) In general.--Not later than 60 days after the end of a
fiscal year, the Comptroller General of the United States shall
submit to Congress a report on the amount of the acquisitions
made by each agency in that fiscal year of articles, materials,
or supplies purchased from entities that manufacture the
articles, materials, or supplies outside of the United States.
(2) Contents of report.--The report required by paragraph
(1) shall separately include, for the fiscal year covered by
such report--
(A) the dollar value of any articles, materials, or
supplies that were manufactured outside the United
States;
(B) an itemized list of all waivers granted with
respect to such articles, materials, or supplies under
the Buy American Act (41 U.S.C. 10a et seq.), section
1605(a) of the American Recovery and Reinvestment Act
of 2009 (123 Stat. 303), or any other law that requires
procurement of goods or services from a domestic
source, and a citation to the treaty, international
agreement, or other law under which each waiver was
granted;
(C) if any articles, materials, or supplies were
acquired from entities that manufacture articles,
materials, or supplies outside the United States, the
specific exception under section 2 of the Buy American
Act (41 U.S.C. 10a), section 1605(a) of the American
Recovery and Reinvestment Act of 2009 (123 Stat. 303),
or any other law that requires procurement of goods or
services from a domestic source, that was used to
purchase such articles, materials, or supplies; and
(D) a summary of--
(i) the total procurement funds expended on
articles, materials, and supplies manufactured
inside the United States; and
(ii) the total procurement funds expended
on articles, materials, and supplies
manufactured outside the United States.
(b) Public Availability.--The Comptroller General shall make the
report publicly available to the maximum extent practicable.
(c) Exception for Intelligence Community.--The report required
under this section shall not cover acquisitions made by an agency, or
component thereof, that is an element of the intelligence community as
specified in, or designated under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)).
(d) Definition of Agency.--In this section, the term ``agency'' has
the meaning given under section 551 of title 5, United States Code.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
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