I 

115TH CONGRESS 

2D SESSION H. R. 5137 

To standardize and extend certain Buy America provisions. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2018 

Mr. BRENDAN F. BOYLE of Pennsylvania (for himself, Mr. VISCLOSKY, Mr. 

CROWLEY, Ms. SA ́NCHEZ, Mrs. DINGELL, Mr. GALLEGO, Mr. GOMEZ, 

Mrs. WATSON COLEMAN, Mr. SOTO, Mr. POCAN, Ms. BLUNT ROCHESTER, Mr. NORCROSS, Mr. MCEACHIN, and Mrs. LAWRENCE) 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 concerned 

A BILL 

To standardize and extend certain Buy America provisions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Buy America 2.0 Act’’. 

5 SEC. 2. USE OF AMERICAN IRON, STEEL, AND MANUFAC6 TURED GOODS. 

7 (a) IN GENERAL.—Funds made available to carry out 

8 a transportation or infrastructure project using Federal 


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1 funds may not be obligated for a project unless the steel, 

2 iron, and manufactured goods used for the project are pro3 duced in the United States. 

4 (b) EXCEPTIONS.—Subsection (a) shall not apply in 

5 any case or category of cases in which the head of the 

6 Federal department or agency overseeing a project finds 

7 that— 

8 (1) applying subsection (a) would be incon9 sistent with the public interest; 

10 (2) iron, steel, and the relevant manufactured 

11 goods are not produced in the United States in suffi12 cient and reasonably available quantities and of a 

13 satisfactory quality; or 

14 (3) inclusion of iron, steel, and manufactured 

15 goods produced in the United States will increase 

16 the cost of the overall project by more than 25 per17 cent. 

18 (c) WAIVER.—If the head of a Federal department 

19 or agency receives a request for a waiver under this sec20 tion, the head of such department or agency shall make 

21 available to the public a copy of the request and informa22 tion available to the head of such department or agency 

23 concerning the request, and shall allow for public input 

24 on the request for at least 15 days prior to making a find25 ing based on the request. The head of such department 


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1 or agency shall make the request and accompanying infor2 mation available by electronic means, including on the offi3 cial public Internet site of such department or agency. 

4 (d) APPLICATION.—This section shall be applied in 

5 a manner consistent with United States obligations under 

6 international agreements. 

7 (e) APPLICABILITY.—Nothing in this section shall 

8 supercede or preempt any existing Buy America provision 

9 to the extent such provision conflicts with this section. 

10 SEC. 3. PUBLIC TRANSPORTATION BUY AMERICA PROVI11 SIONS. 

12 Section 5323(j)(2)(C)(i) of title 49, United States 

13 Code, is amended— 

14 (1) by striking ‘‘and’’ at the end of subclause 

15 II; 

16 (2) in subclause (III)— 

17 (A) by striking ‘‘and each fiscal year there18 after’’; and 

19 (B) by striking ‘‘and’’ at the end of the 

20 subclause; and 

21 (3) inserting after subclause (III) the following: 

22 ‘‘(IV) for fiscal year 2021 is 

23 more than 75 percent of the cost of 

24 all components of the rolling stock; 


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1 ‘‘(V) for fiscal year 2022 is more 

2 than 80 percent of the cost of all com3 ponents of the rolling stock; 

4 ‘‘(VI) for fiscal year 2023 is 

5 more than 85 percent of the cost of 

6 all components of the rolling stock; 

7 ‘‘(VII) for fiscal year 2024 is 

8 more than 90 percent of the cost of 

9 all components of the rolling stock; 

10 ‘‘(VIII) for fiscal year 2025 is 

11 more than 95 percent of the cost of 

12 all components of the rolling stock; 

13 and 

14 ‘‘(IX) for fiscal year 2026 and 

15 each fiscal year thereafter is 100 per16 cent of the cost of all components of 

17 the rolling stock; and’’. 

18 SEC. 4. RAIL LOAN AND LOAN GUARANTEE BUY AMERICA 

19 PROVISIONS. 

20 Section 502(h)(3) of the Railroad Revitalization and 

21 Regulatory Reform Act of 1976 (45 U.S.C. 822(h)(3)) is 

22 amended— 

23 (1) by striking ‘‘and’’ at the end of subpara24 graph (A); 


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1 (2) by striking the period at the end of sub2 paragraph (B) and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(C) the requirements of section 24405(a) of 

5 title 49, United States Code.’’. 

6 SEC. 5. AVIATION BUY AMERICA PROVISIONS. 

7 Section 50101 of title 49, United States Code, is 

8 amended— 

9 (1) in subsection (a) by inserting ‘‘, iron,’’ after 

10 ‘‘steel’’; and 

11 (2) in subsection (b)— 

12 (A) in paragraph (2), by inserting ‘‘, iron,’’ 

13 after ‘‘steel’’; and 

14 (B) in paragraph (3), by striking subpara15 graph (A) and inserting the following: 

16 ‘‘(A) the cost of components and sub17 components produced in the United States— 

18 ‘‘(i) for fiscal year 2018 is more than 

19 60 percent of the cost of all components of 

20 the facility or equipment; 

21 ‘‘(ii) for fiscal year 2019 is more than 

22 65 percent of the cost of all components of 

23 the facility or equipment; 


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1 ‘‘(iii) for fiscal year 2020 is more 

2 than 70 percent of the cost of all compo3 nents of the facility or equipment; 

4 ‘‘(iv) for fiscal year 2021 is more than 

5 75 percent of the cost of all components of 

6 the facility or equipment; 

7 ‘‘(v) for fiscal year 2022 is more than 

8 80 percent of the cost of all components of 

9 the facility or equipment; 

10 ‘‘(vi) for fiscal year 2023 is more than 

11 85 percent of the cost of all components of 

12 the facility or equipment; 

13 ‘‘(vii) for fiscal year 2024 is more 

14 than 90 percent of the cost of all compo15 nents of the facility or equipment; 

16 ‘‘(viii) for fiscal year 2025 is more 

17 than 95 percent of the cost of all compo18 nents of the facility or equipment; and 

19 ‘‘(ix) for fiscal year 2026, and each 

20 fiscal year thereafter, is 100 percent of the 

21 cost of all components of the facility or 

22 equipment; and’’. 


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1 SEC. 6. SAFE DRINKING WATER BUY AMERICA PROVISION. 

2 Section 1452(a)(4)(A) of the Safe Drinking Water 

3 Act (42 U.S.C. 300j–12(a)) is amended by striking ‘‘Dur4 ing fiscal year 2017, funds’’ and inserting ‘‘Funds’’. 

Æ 


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