Buy America 2.0 Act

I 116TH CONGRESS 1ST SESSION H. R. 2755 To standardize and extend certain Buy America provisions. IN THE HOUSE OF REPRESENTATIVES MAY 15, 2019 Mr. BRENDAN F. BOYLE of Pennsylvania (for himself, Mr. GARAMENDI, Mr. KILDEE, Mr. POCAN, Mr. GALLEGO, Ms. NORTON, Mr. CISNEROS, Mr. SHERMAN, Mrs. LAWRENCE, Mr. LAMB, Mr. SOTO, Ms. FINKENAUER, Ms. SA´NCHEZ, and Mr. VEASEY) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee con- cerned A BILL To standardize and extend certain Buy America provisions. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Buy America 2.0 Act’’. 4 SEC. 2. USE OF AMERICAN IRON, STEEL, AND MANUFAC- 5 TURED GOODS. 6 (a) IN GENERAL.—Funds made available to carry out 7 a transportation or infrastructure project using Federal 8 VerDate Sep 11 2014 22:48 May 29, 2019 Jkt 034408 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2755.IH H2755 pbinns on DSK79D2C42PROD with BILLS 2 •HR 2755 IH funds may not be obligated for a project unless the steel, 1 iron, and manufactured goods used for the project are pro- 2 duced in the United States. 3 (b) EXCEPTIONS.—Subsection (a) shall not apply in 4 any case or category of cases in which the head of the 5 Federal department or agency overseeing a project finds 6 that— 7 (1) applying subsection (a) would be incon- 8 sistent with the public interest; 9 (2) iron, steel, and the relevant manufactured 10 goods are not produced in the United States in suffi- 11 cient and reasonably available quantities and of a 12 satisfactory quality; or 13 (3) inclusion of iron, steel, and manufactured 14 goods produced in the United States will increase 15 the cost of the overall project by more than 25 per- 16 cent. 17 (c) WAIVER.—If the head of a Federal department 18 or agency receives a request for a waiver under this sec- 19 tion, the head of such department or agency shall make 20 available to the public a copy of the request and informa- 21 tion available to the head of such department or agency 22 concerning the request, and shall allow for public input 23 on the request for at least 15 days prior to making a find- 24 ing based on the request. The head of such department 25 VerDate Sep 11 2014 22:48 May 29, 2019 Jkt 034408 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2755.IH H2755 pbinns on DSK79D2C42PROD with BILLS 3 •HR 2755 IH or agency shall make the request and accompanying infor- 1 mation available by electronic means, including on the offi- 2 cial public internet site of such department or agency. 3 (d) APPLICATION.—This section shall be applied in 4 a manner consistent with United States obligations under 5 international agreements. 6 (e) APPLICABILITY.—Nothing in this section shall 7 supercede or preempt any existing Buy America provision 8 to the extent such provision conflicts with this section. 9 SEC. 3. PUBLIC TRANSPORTATION BUY AMERICA PROVI- 10 SIONS. 11 Section 5323(j)(2)(C)(i) of title 49, United States 12 Code, is amended— 13 (1) by striking ‘‘and’’ at the end of subclause 14 II; 15 (2) in subclause (III), by striking ‘‘and each fis- 16 cal year thereafter, is more than 70 percent of the 17 cost of all components of the rolling stock; and’’ and 18 inserting ‘‘is more than 70 percent of the cost of all 19 components of the rolling stock;’’; and 20 (3) by inserting after subclause (III) the fol- 21 lowing: 22 ‘‘(IV) for fiscal year 2021 is 23 more than 75 percent of the cost of 24 all components of the rolling stock; 25 VerDate Sep 11 2014 22:48 May 29, 2019 Jkt 034408 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2755.IH H2755 pbinns on DSK79D2C42PROD with BILLS 4 •HR 2755 IH ‘‘(V) for fiscal year 2022 is more 1 than 80 percent of the cost of all com- 2 ponents of the rolling stock; 3 ‘‘(VI) for fiscal year 2023 is 4 more than 85 percent of the cost of 5 all components of the rolling stock; 6 ‘‘(VII) for fiscal year 2024 is 7 more than 90 percent of the cost of 8 all components of the rolling stock; 9 ‘‘(VIII) for fiscal year 2025 is 10 more than 95 percent of the cost of 11 all components of the rolling stock; 12 and 13 ‘‘(IX) for fiscal year 2026 and 14 each fiscal year thereafter is 100 per- 15 cent of the cost of all components of 16 the rolling stock; and’’. 17 SEC. 4. RAIL LOAN AND LOAN GUARANTEE BUY AMERICA 18 PROVISIONS. 19 Section 502(h)(3) of the Railroad Revitalization and 20 Regulatory Reform Act of 1976 (45 U.S.C. 822(h)(3)) is 21 amended— 22 (1) by striking ‘‘and’’ at the end of subpara- 23 graph (A); 24 VerDate Sep 11 2014 22:48 May 29, 2019 Jkt 034408 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2755.IH H2755 pbinns on DSK79D2C42PROD with BILLS 5 •HR 2755 IH (2) by striking the period at the end of sub- 1 paragraph (B) and inserting ‘‘; and’’; and 2 (3) by adding at the end the following: 3 ‘‘(C) the requirements of section 24405(a) of 4 title 49, United States Code.’’. 5 SEC. 5. AVIATION BUY AMERICA PROVISIONS. 6 Section 50101 of title 49, United States Code, is 7 amended— 8 (1) in subsection (a) by inserting ‘‘, iron,’’ after 9 ‘‘steel’’; and 10 (2) in subsection (b)— 11 (A) in paragraph (2), by inserting ‘‘, iron,’’ 12 after ‘‘steel’’; and 13 (B) in paragraph (3), by striking subpara- 14 graph (A) and inserting the following: 15 ‘‘(A) the cost of components and sub- 16 components produced in the United States— 17 ‘‘(i) for fiscal year 2020 is more than 18 65 percent of the cost of all components of 19 the facility or equipment; 20 ‘‘(ii) for fiscal year 2021 is more than 21 70 percent of the cost of all components of 22 the facility or equipment; 23 VerDate Sep 11 2014 22:48 May 29, 2019 Jkt 034408 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2755.IH H2755 pbinns on DSK79D2C42PROD with BILLS 6 •HR 2755 IH ‘‘(iii) for fiscal year 2022 is more 1 than 75 percent of the cost of all compo- 2 nents of the facility or equipment; 3 ‘‘(iv) for fiscal year 2023 is more than 4 80 percent of the cost of all components of 5 the facility or equipment; 6 ‘‘(v) for fiscal year 2024 is more than 7 85 percent of the cost of all components of 8 the facility or equipment; 9 ‘‘(vi) for fiscal year 2025 is more than 10 90 percent of the cost of all components of 11 the facility or equipment; 12 ‘‘(vii) for fiscal year 2026 is more 13 than 95 percent of the cost of all compo- 14 nents of the facility or equipment; and 15 ‘‘(viii) for fiscal year 2027, and each 16 fiscal year thereafter, is 100 percent of the 17 cost of all components of the facility or 18 equipment; and’’. 19 SEC. 6. SAFE DRINKING WATER BUY AMERICA PROVISION. 20 Section 1452(a)(4)(A) of the Safe Drinking Water 21 Act (42 U.S.C. 300j–12(a)) is amended by striking ‘‘Dur- 22 ing fiscal years 2019 through 2023, funds’’ and inserting 23 ‘‘Funds’’. 24 Æ VerDate Sep 11 2014 22:48 May 29, 2019 Jkt 034408 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H2755.IH H2755 pbinns on DSK79D2C42PROD with BILLS