Preference for domestic procurement of professional services

(a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation— (1) to require, to the maximum extent practicable and consistent with the interests of national security, preference for procurement of professional services from offerors that are United States companies; and (2) to allow the Secretary discretion to waive the requirements of paragraph (1) if the Secretary determines that— (A) compliance with such requirements would result in the Department of Defense failing to meet an urgent operational requirement; or (B) no United States company or qualifying joint venture is capable of fulfilling the requirements of the contract in a timely or cost-effective manner. (b) Waiver requirements A waiver described in subsection (a)(2) shall be issued in writing, shall include a justification for such issuance, and shall be submitted to the congressional defense committees not later than 30 days after such issuance. (c) Definitions In this section: (1) The term United States company means an entity that— (A) is organized under the laws of a State, territory, or possession of the United States or the District of Columbia; (B) has its principal place of business in the United States; and (C) is not directly or indirectly owned or controlled by a foreign entity (2) The term professional services includes services in the fields of engineering, architecture, design, environmental consulting, financial consulting, program management, legal advisory, and other expert services as defined in the Federal Acquisition Regulation. (3) The term qualifying joint venture means a joint venture in which a United States company holds an ownership interest greater than 50 percent.