I 
117TH CONGRESS 
2D SESSION 
H. R. 9495 
To prioritize United States contractors with respect to federally funded 
infrastructure projects, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 12, 2022 
Mr. NEHLS (for himself and Mr. GARAMENDI) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastruc-
ture, 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 com-
mittee concerned 
A BILL 
To prioritize United States contractors with respect to feder-
ally funded infrastructure projects, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Domestic Preferences 
for Building America Act’’. 
SEC. 2. PRIORITY FOR UNITED STATES CONTRACTORS. 
(a) REQUIREMENTS WITH RESPECT
TO CERTAIN 
CONTRACT AWARDEES.— 
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(1) IN
GENERAL.—Amounts made available 
through a program for Federal financial assistance 
may be obligated for an infrastructure project with 
a value of $100,000,000 or more only if the recipi-
ent of such amounts certifies that, in obligating the 
amounts— 
(A) subject to the occurrence of adequate 
competition, the recipient shall award contracts 
only to— 
(i) United States persons; and 
(ii) qualified United States joint ven-
tures; and 
(B) the recipient shall not award contracts 
to an entity that is owned or controlled by, is 
a subsidiary of, or is otherwise related legally or 
financially to a corporation based in a covered 
country. 
(2) EXCEPTION.—For purposes of paragraph 
(1)(B), the term ‘‘otherwise related legally or finan-
cially’’ does not include a minority relationship or in-
vestment. 
(b) LIMITATION
ON SUBCONTRACTING.—With re-
spect to a project described in subsection (a)(1) that is 
funded in whole or in part by Federal financial assistance, 
a prime contractor and any subcontractor of such prime 
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contractor, at any tier, may enter into a subcontract re-
lated to such project only with a United States person or 
qualified United States joint venture. 
(c) RULEMAKING.—Not later than 1 year after the 
date of the enactment of this section, the Director of the 
Office of Management and Budget shall establish, for pur-
poses of this section— 
(1) procedures for determining whether bids or 
proposals for contracts are submitted by a United 
States person or a qualified United States joint ven-
ture; and 
(2) requirements for record retention and re-
porting. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit a recipient of Federal fi-
nancial assistance from awarding a contract under a State 
or Federal program that supports disadvantaged business 
enterprises, including such a program that supports 
women business owners or minority business owners. 
(e) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.—This section shall be applied in a manner con-
sistent with United States obligations under international 
agreements. 
(f) DEFINITIONS.—In this section: 
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(1) ADEQUATE COMPETITION.—The term ‘‘ade-
quate competition’’ means the submission of respon-
sive bids from 2 or more qualified bidders that are 
United States persons or qualified United States 
joint ventures. 
(2) COVERED
COUNTRY.—The term ‘‘covered 
country’’ means a country that— 
(A) is identified, as of the date of the en-
actment of this section, as a nonmarket econ-
omy country (as defined in section 771(18) of 
the Tariff Act of 1930 (19 U.S.C. 1677(18))); 
(B) was identified by the United States 
Trade Representative in the most recent report 
required by section 182 of the Trade Act of 
1974 (19 U.S.C. 2242) as a foreign country in-
cluded on the priority watch list defined in sub-
section (g)(3) of that section; and 
(C) is subject to monitoring by the Trade 
Representative under section 306 of the Trade 
Act of 1974 (19 U.S.C. 2416). 
(3) FEDERAL
AGENCY; FEDERAL
FINANCIAL 
ASSISTANCE; 
INFRASTRUCTURE; 
PROJECT.—The 
terms ‘‘Federal agency’’, ‘‘Federal financial assist-
ance’’, ‘‘infrastructure’’, and ‘‘project’’ have the 
meanings given such terms in section 70912 of the 
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Infrastructure Investment and Jobs Act (41 U.S.C. 
8301 note). 
(4) QUALIFIED
UNITED
STATES
JOINT
VEN-
TURE.—The term ‘‘qualified United States joint ven-
ture’’ means a joint venture in which not less than 
51 percent of the assets of the joint venture are 
owned by United States persons. 
(5) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means a person that— 
(A) is incorporated or legally organized 
under the laws of the United States or a juris-
diction located within the United States and 
has been so incorporated or organized for not 
less than 5 years before the date on which an 
invitation is issued for bids or proposals with 
respect to the relevant contract; 
(B) has its principal place of business in 
the United States; 
(C) has previously performed services with-
in the United States that are similar in com-
plexity and type to the services required for the 
relevant contract; 
(D) has within the United States the tech-
nical and financial resources necessary to per-
form the relevant contract; and 
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(E) employs individuals who are citizens or 
residents of the United States in not less than 
51 percent of— 
(i) the principal management posi-
tions located in the United States; 
(ii) the permanent, full-time positions 
located in the United States; and 
(iii) the supervisory positions located 
in the United States. 
(g) EFFECTIVE DATE.—This Act shall take effect 
180 days after the date of the enactment of this Act. 
Æ 
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