Buy American Enhancement Act of 2011 - Defines "substantially all" for purposes of Buy American requirements to mean that 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 items exceeds 75% of the total cost of all such items.
Requires the head of each federal agency to ensure that certain contracts awarded by such agency include a provision requiring compliance with Buy American requirements.
Defines "waiver" for purposes of Buy American requirements. Requires the head of each federal agency to publish on the agency website a list of each waiver of such requirements within 30 days after it is granted.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2423 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2423
To amend title 41, United States Code, to increase the American-made
content requirement for the Buy American Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 6, 2011
Mr. Hinchey introduced the following bill; which was referred to the
Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To amend title 41, United States Code, to increase the American-made
content requirement for the Buy American Act, 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 ``The Buy American Enhancement Act of
2011''.
SEC. 2. DOMESTIC CONTENT REQUIREMENT FOR THE BUY AMERICAN ACT.
(a) Substantially All Defined.--Section 8301 of title 41, United
States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) 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 75 percent of the
total cost of all components of such articles, materials, or
supplies.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect not later than 180 days after the date of the enactment of
this Act.
SEC. 3. REQUIREMENT FOR INDIRECT CONTRACTS TO COMPLY WITH THE BUY
AMERICAN ACT.
(a) Contract Requirement.--The head of each Federal agency shall
ensure that each contract described in subsection (b) awarded by such
Federal agency includes a provision requiring any articles, materials,
and supplies provided under the contract to comply with chapter 83 of
title 41, United States Code (popularly referred to as the ``Buy
American Act''), subject to the exceptions to that chapter provided in
the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) or otherwise
provided by law.
(b) Contracts Described.--The contracts described in this
subsection include each of the following:
(1) Housing leases, including military housing provided by
a private entity.
(2) Power purchase agreements.
(3) Enhanced-use leases.
(4) Energy savings performance contracts.
(5) Utility energy service contracts.
SEC. 4. BUY AMERICAN WAIVER REPORTING REQUIREMENT.
(a) Waiver Defined.--Section 8301 of title 41, United States Code,
as amended by section 2, is further amended by adding at the end the
following new paragraph:
``(4) Waiver.--The term `waiver' means, with respect to the
acquisition of an article, material, or supply for public use,
the inapplicability of this chapter to the acquisition by
reason of any of the following:
``(A) A determination by the head of the Federal
agency concerned that the acquisition is inconsistent
with the public interest.
``(B) A determination by the head of the Federal
agency concerned that the cost of the acquisition is
unreasonable.
``(C) Use outside of the United States.
``(D) A determination by the head of the Federal
agency concerned that the article, material, or supply
is not mined, produced, or manufactured in the United
States in sufficient and reasonably available
commercial quantities of a satisfactory quality.
``(E) Procured under a contract with an award value
that is not more than the micro-purchase threshold
under section 1902 of this title.
``(F) An exception under the Trade Agreements Act
of 1979 (19 U.S.C. 2501 et seq.).
``(G) Any other exception otherwise provided by
law.''.
(b) Waiver Reporting Requirement.--Section 8302 of title 41, United
States Code, is amended by adding at the end the following new section:
``(c) Waiver Reporting Requirement.--The head of each Federal
agency shall establish a location on the website of such agency for the
publication of waivers accessible by the public and shall publish a
list at such location of each waiver granted under this chapter not
later than 30 days after such waiver is granted.''.
(c) Effective Date.--The amendments made by this section shall take
effect not later than 180 days after the date of the enactment of this
Act.
SEC. 5. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION.
Not later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulation shall be revised as necessary
to implement the provisions of this Act.
SEC. 6. DEFINITIONS.
In this Act:
(1) Energy savings performance contract.--The term ``energy
savings performance contract'' has the meaning given that term
under section 436.31 of title 10, Code of Federal Regulations.
(2) Federal agency.--The term ``Federal agency'' means any
executive agency (as defined in section 133 of title 41, United
States Code) or any establishment in the legislative or
judicial branch of the Federal Government.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
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