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H.R.2423 - Buy American Enhancement Act of 2011
To amend title 41, United States Code, to increase the American-made content requirement for the Buy American Act, and for other purposes.
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SECTION 1. SHORT TITLE.
SEC. 2. DOMESTIC CONTENT REQUIREMENT FOR THE BUY AMERICAN ACT.
‘(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.’.CommentsClose CommentsPermalink
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 (
SEC. 4. BUY AMERICAN WAIVER REPORTING REQUIREMENT.
‘(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:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 6. DEFINITIONS.
(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.CommentsClose CommentsPermalink
(2) FEDERAL AGENCY- The term ‘Federal agency’ means any executive agency (as defined in