113 S2391 IS: 21st Century Buy American Act
U.S. Senate
2014-05-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
This Act may be cited as the 21st Century Buy American Act
.
2.
Increase of domestic content percentage to 60 percent
Section 8301 of title 41, United States Code, is amended by adding at the end the following new
paragraph:
(3)
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.
.
3.
Criteria required for use of overseas exception
Section 8302 of title 41, United States Code, is amended by adding at the end the following new
subsection:
(c)
Criteria for use of overseas exception
(1)
The exception under subsection (a)(2)(A) for articles, materials, or supplies to be acquired for
use outside the United States may not be used unless one of the following
criteria is met:
(A)
The articles, materials, or supplies are needed on an urgent basis.
(B)
The articles, materials, or supplies are to be purchased using a local supplier.
(C)
A cost analysis described in paragraph (2) demonstrates that the articles, materials, or supplies
to be acquired (if acquired from a company manufacturing in the United
States) would be more than 50 percent more expensive for the Federal
agency acquiring the articles, materials, or supplies.
(2)
In any case in which articles, materials, or supplies are to be acquired for use outside the United
States and are not needed on an urgent basis or are not to be purchased
using a local supplier, 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).
.
4.
Criteria required for use of public interest exception
(a)
Section 8302 of title 41, United States Code, as amended by section 3, is further amended by adding
at the end the following new subsection:
(d)
Criteria for use of public interest exception
In determining whether a public interest exception shall be applied under subsection (a), the head
of a Federal agency shall—
(1)
consider the short-term and long-term effects of applying such exception 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
(2)
determine that preserving or increasing employment within the United States is consistent with the
public interest.
.
(b)
Federal Transit Administration Funds
Section 5323(j) of title 49, United States Code, is amended by adding at the end the following new
paragraph:
(10)
Criteria for use of public interest waiver
In determining whether a public interest waiver shall be issued under paragraph (2)(A), the
Secretary shall—
(A)
consider the short-term and long-term effects of applying such waiver on employment within the
United States, taking into account information provided by entities that
produce the steel, iron, and goods concerned in the United States; and
(B)
determine that preserving or increasing employment within the United States is consistent with the
public interest.
.
(c)
Federal Highway Administration Funds
Section 313 of title 23, United States Code, is amended by adding at the end the following new
subsection:
(h)
Criteria for use of public interest finding
In determining whether a public interest finding shall be made under subsection (b)(1), the
Secretary shall—
(1)
consider the short-term and long-term effects of making such finding on employment within the
United States, taking into account information provided by entities that
produce the materials or products concerned in the United States; and
(2)
determine that preserving or increasing employment within the United States is consistent with the
public interest.
.
(d)
Section 24305(f) of title 49, United States Code, is amended by adding at the end the following new
paragraph:
(5)
In deciding whether a public interest exemption shall be issued under paragraph (4)(A)(i), the
Secretary shall—
(A)
consider the short-term and long-term effects of issuing such exemption on employment within the
United States, taking into account information provided by entities that
manufacture the articles, material, 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.
.
(e)
Federal Railroad Administration High Speed Rail Program Funds
Section 24405(a) of title 49, United States Code, is amended by adding at the end the following new
paragraph:
(12)
In determining whether a public interest waiver shall be granted under paragraph (2)(A), the
Secretary shall—
(A)
consider the short-term and long-term effects of granting such waiver on employment within the
United States, taking into account information provided by entities that
produce the steel, iron, or goods concerned in the United States; and
(B)
determine that preserving or increasing employment within the United States is consistent with the
public interest.
.
(f)
Federal Aviation Administration Funds
Section 50101 of title 49, United States Code, is amended by adding at the end the following new
subsection:
(d)
Criteria for use of public interest waiver
In determining whether a public interest waiver shall be granted under subsection (b)(1), the
Secretary shall—
(1)
consider the short-term and long-term effects of granting such waiver on employment within the
United States, taking into account information provided by entities that
produce the steel or goods concerned in the United States; and
(2)
determine that preserving or increasing employment within the United States is consistent with the
public interest.
.
(g)
Water Pollution Prevention and Control Grants for construction of treatment works
Section 1295 of title 33, United States Code, is amended—
(1)
by inserting (a) In general.—
before Notwithstanding
; and
(2)
by adding at the end the following new subsection:
(b)
Criteria for use of public interest exception
In determining whether a public interest exception shall be applied under subsection (a), the
Administrator shall—
(1)
consider the short-term and long-term effects of applying such exception 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
(2)
determine that preserving or increasing employment within the United States is consistent with the
public interest.
.
5.
Transparency requirements
(a)
Requirement for agencies To notify OMB
Each agency that applies an exception to, or grants a waiver under, chapter 83 of title 41, United
States Code (popularly referred to as the Buy American Act) shall submit
to the Director of the Office of Management and Budget a notification of
the application of the exception or the grant of a waiver and a statement
describing the procurement and the exception being applied or waiver
granted.
(b)
Requirement for Director of OMB To post on website
Not later than 7 days after receiving a notification under subsection (a), the Director of the
Office of
Management and Budget shall post the notification on a central, publicly
accessible website of the Office.
(c)
In this section, the term agency has the meaning given the term in section 551 of title 5, United States Code.
6.
Loans and loan guarantees to domestic manufacturers under Defense Production Act
(a)
The President, acting through the Secretary of Defense, may establish and carry out a program to
make or guarantee loans under title III of the Defense Production Act (50
U.S.C. App. 2091 et seq.) to eligible entities in accordance with this
section.
(b)
The Secretary of Defense shall establish eligibility requirements for purposes of the loans or loan
guarantees 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 Defense, 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 loan or loan guarantee
The amount of any loan made or guaranteed under this section may not exceed $5,000,000 per entity.
(d)
Each eligible entity receiving a loan or loan guarantee under this section shall use the funds of
the loan made or guaranteed only for one or more of the following
purposes:
(1)
Increasing its ability to compete for a Government contract for a nonavailable item.
(2)
Increasing its ability to produce a nonavailable item.
(3)
Increasing its capacity to produce items that are vital to national security.
(e)
To receive a loan or loan guarantee under this section, an eligible entity shall submit an
application to the Secretary of Defense 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 loan made or guaranteed, but such statement shall not be the sole
factor used in determining the award of the loan or loan guarantee.
(f)
Annual evaluation of loan or loan guarantee recipients by Department of Defense
The Secretary of Defense each year shall evaluate recipients of loans or loan guarantees under this
section to determine the proper allocation of loan funds that are loaned
or guaranteed.
(g)
Definition of nonavailable item
In this section, the term nonavailable item
means any of the following:
(1)
An article, material, or supply—
(A)
that has been determined by a Federal agency, pursuant to chapter 83 of title 41, United States
Code (popularly referred to as the Buy American Act), to not be mined,
produced, or manufactured in the United States in sufficient and
reasonably available commercial quantities of a satisfactory quality; or
(B)
that is listed on the list of nonavailable articles under subpart 25.104 of the Federal Acquisition
Regulation.
(2)
An article or item—
(A)
that is described in section 2533a(b) of title 10, United States Code, and grown, reprocessed,
reused, or produced in the United States; and
(B)
satisfactory quality and sufficient quantity of which cannot be procured as and when needed at
United States market prices, as determined by the Secretary of Defense or
the Secretary of the military department concerned, pursuant to section
2533a(c) of such title.
(3)
Compliant specialty metal—
(A)
as defined in section 2533b(b) of title 10, United States Code; and
(B)
satisfactory quality and sufficient quantity of which, and in the required form, cannot be procured
as and when needed, as determined by the Secretary of Defense or the
Secretary of the military department concerned, pursuant to such section
2533b(b).
(4)
An item listed in subsection (a) of section 2534 of title 10, United States Code, if the Secretary
determines, under subsection (d)(4) of such section, that satisfactory
quality of the item manufactured by an entity that is part of the national
technology and industrial base (as defined in section 2500(1) of such
title) is not available.