,,ii #aafth ,,congress #ast ,session ,s4 #bjef ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #h1 #bjai ,mr4 ,brown 7for himself1 ,mr4 ,portman1 ,mr4 ,braun1 and ,mr4 ,peters7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to ensure that certain ,federal infrastructure programs require the use of materials produced in the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,build ,america1 ,buy ,america ,act4 #b4 ,findings ,congress finds that-- 7#a7 the ,united ,states must make significant investments to install1 upgrade1 or replace the public works infrastructure of the ,united ,states2 7#b7 with respect to investments in the infrastructure of the ,united ,states1 taxpayers expect that their public works infrastructure will be produced in the ,united ,states by ,american workers2 7#c7 ,united ,states taxpayer dollars invested in public infrastructure should not be used to reward companies that have moved their operations1 investment dollars1 and jobs to foreign countries or foreign factories1 particularly those that do not share or openly flout the commitments of the ,united ,states to environmental1 worker1 and workplace safety protections2 7#d7 in procuring materials for public works projects1 entities using taxpayer-financed ,federal assistance should give a commonsense procurement preference for the materials and products produced by companies and workers in the ,united ,states in accordance with the high ideals embodied in the environmental1 worker1 workplace safety1 and other regulatory requirements of the ,united ,states2 7#e7 the benefits of domestic content preferences extend beyond economics2 7#f7 by incentivizing domestic manufacturing1 domestic content preferences reinvest tax dollars in companies and processes using the highest labor and environmental standards in the world2 7#g7 strong domestic content preference policies act to prevent shifts in production to countries that rely on production practices that are significantly less energy efficient and far more polluting than those in the ,united ,states2 7#h7 for over #ge years1 ,buy ,america and other domestic preference laws have been part of the ,united ,states procurement policy1 ensuring that the ,united ,states can build and rebuild the infrastructure of the ,united ,states with high-quality ,american-made materials2 7#i7 ,buy ,america laws create demand for domestically produced goods1 helping to sustain and grow domestic manufacturing and the millions of jobs domestic manufacturing supports throughout product supply chains2 7#aj7 as of the date of enactment of this ,act1 domestic procurement preference policies apply to all ,federal ,government procurement and to various ,federal-aid infrastructure programs2 7#aa7 a robust domestic manufacturing sector is a vital component of the national security of the ,united ,states2 7#ab7 as more manufacturing operations of the ,united ,states have moved offshore1 the strength and readiness of the defense industrial base of the ,united ,states has been diminished2 and 7#ac7 domestic procurement preference laws-- 7,a7 are fully consistent with the international obligations of the ,united ,states2 and 7,b7 together with the government procurements to which the laws apply1 are important levers for ensuring that ,united ,states manufacturers can access the government procurement markets of the trading partners of the ,united ,states4 #c4 ,definitions ,in this ,act3 7#a7 ,deficient program ,the term deficient program means a program identified by the head of a ,federal agency under section #d7;c74 7#b7 ,domestic content procurement preference ,the term domestic content procurement preference means a requirement that no amounts made available through a program for ,federal financial assistance may be obligated for a project unless-- 7,a7 all iron and steel used in the project are produced in the ,united ,states2 or 7,b7 the manufactured products used in the project are produced in the ,united ,states4 7#c7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eeb7;f7 of title #e1 ,united ,states ,code4 7#d7 ,federal financial assistance 7,a7 ,in general ,the term ,federal financial assistance has the meaning given the term in section #bjj4dj of title #b1 ,code of ,federal ,regulations 7or successor regulations74 7,b7 ,inclusion ,the term ,federal financial assistance includes all expenditures by a ,federal agency for an infrastructure project4 7#e7 ,infrastructure ,the term infrastructure includes1 at a minimum1 the structures1 facilities1 and equipment for1 in the ,united ,states-- 7,a7 roads1 highways1 and bridges2 7,b7 public transportation2 7,c7 dams1 ports1 harbors1 and other maritime facilities2 7,d7 intercity passenger and freight railroads2 7,e7 freight and intermodal facilities2 7,f7 airports2 7,g7 water systems1 including drinking water and wastewater systems2 7,h7 electrical transmission facilities and systems2 7,i7 utilities2 7,j7 broadband infrastructure2 and 7,k7 buildings and real property4 7#f7 ,produced in the ,united ,states ,the term produced in the ,united ,states means1 in the case of iron or steel products1 that all manufacturing processes1 from the initial melting stage through the application of coatings1 occurred in the ,united ,states4 7#g7 ,project ,the term project means the construction1 alteration1 maintenance1 or repair of infrastructure in the ,united ,states4 #d4 ,identification of deficient programs 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the head of each ,federal agency shall-- 7#a7 submit to the ,office of ,management and ,budget and to ,congress1 including a separate notice to each appropriate congressional committee1 a report that identifies each ,federal financial assistance program for infrastructure administered by the ,federal agency2 and 7#b7 publish in the ,federal ,register the report under paragraph 7#a74 7b7 ,requirements ,in the report under subsection 7a71 the head of each ,federal agency shall1 for each ,federal financial assistance program-- 7#a7 identify all domestic content procurement preferences applicable to the ,federal financial assistance2 7#b7 assess the applicability of the domestic content procurement preference requirements1 including-- 7,a7 section #cac of title #bc1 ,united ,states ,code2 7,b7 section #ecbc7;j7 of title #di1 ,united ,states ,code2 7,c7 section #bbije7;a7 of title #di1 ,united ,states ,code2 7,d7 section #ejaja of title #di1 ,united ,states ,code2 7,e7 section #fjc of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achh72 7,f7 section #adeb7;a77#d7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77#d772 7,g7 section #ejce of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #ciad72 7,h7 any domestic content procurement preference included in an appropriations ,act2 and 7,i7 any other domestic content procurement preference in ,federal law 7including regulations72 7#c7 provide details on any applicable domestic content procurement preference requirement1 including the purpose1 scope1 applicability1 and any exceptions and waivers issued under the requirement2 and 7#d7 include a description of the type of infrastructure projects that receive funding under the program1 including information relating to-- 7,a7 the number of entities that are participating in the program2 7,b7 the amount of ,federal funds that are made available for the program for each fiscal year2 and 7,c7 any other information the head of the ,federal agency determines to be relevant4 7c7 ,list of deficient programs ,in the report under subsection 7a71 the head of each ,federal agency shall include a list of ,federal financial assistance programs for infrastructure identified under that subsection for which a domestic content procurement preference requirement-- 7#a7 does not apply2 or 7#b7 is subject to a waiver of general applicability not limited to the use of specific products for use in a specific project4 #e4 ,application of ,buy ,america preference 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the head of each ,federal agency shall ensure that none of the funds made available for a ,federal financial assistance program for infrastructure1 including each deficient program1 may be used for a project unless all of the iron1 steel1 and manufactured products used in the project are produced in the ,united ,states4 7b7 ,waiver ,the head of a ,federal agency that applies a domestic content procurement preference under this section may waive the application of that preference in any case in which the head of the ,federal agency finds that-- 7#a7 applying the domestic content procurement preference would be inconsistent with the public interest2 7#b7 types of iron1 steel1 or manufactured products are not produced in the ,united ,states in sufficient and reasonably available quantities or of a satisfactory quality2 or 7#c7 the inclusion of iron1 steel1 or manufactured products produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7c7 ,written justification ,before issuing a waiver under subsection 7b71 the head of the ,federal agency shall-- 7#a7 publish in the ,federal ,register and make publicly available in an easily accessible location on the website of the ,federal agency a detailed written explanation for the proposed determination to issue the waiver2 and 7#b7 provide a reasonable period for public comment on the proposed waiver4 7d7 ,prohibition on waivers of general applicability ,a waiver issued under subsection 7b7 shall be limited to the use of specific products for use in a specific project4 7e7 ,consistency with international agreements ,this section shall be applied in a manner consistent with ,united ,states obligations under international agreements4 #f4 ,,omb guidance ,the ,director of the ,office of ,management and ,budget shall-- 7#a7 issue guidance to the head of each ,federal agency-- 7,a7 to assist in identifying deficient programs under section #d7;c72 and 7,b7 to assist in applying new domestic content procurement preferences under section #e2 and 7#b7 if necessary1 amend subtitle ,a of title #b1 ,code of ,federal ,regulations 7or successor regulations71 to ensure that domestic content procurement preference requirements required by this ,act or other ,federal law are imposed through the terms and conditions of awards of ,federal financial assistance4 #g4 ,application 7a7 ,in general ,this ,act shall apply to a ,federal financial assistance program for infrastructure only to the extent that a domestic content procurement preference as described in section #e does not already apply to iron1 steel1 and manufactured products4 7b7 ,savings provision ,nothing in this ,act affects a domestic content procurement preference for a ,federal financial assistance program for infrastructure that is in effect and that meets the requirements of section #e4