Title: Buy America 2.0 Act
Policy area: Transportation and Public Works

Summary:
Buy America 2.0 Act
This bill prohibits federal funding of a transportation or infrastructure project unless the steel, iron, and manufactured goods used for the project are produced in the United States, except where: (1) inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25%.
The bill revises and expands Buy America provisions pertaining to public transportation, rail loan and loan guarantees, and aviation.
The bill amends the Safe Drinking Water Act to apply in all fiscal years (currently, FY2017) the prohibition on the use of funds for a public water system project that does not use iron and steel products produced in the United States.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5137 Introduced in House (IH)]

<DOC>






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. Sanchez, 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Buy America 2.0 Act''.

SEC. 2. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS.

    (a) In General.--Funds made available to carry out a transportation 
or infrastructure project using Federal funds may not be obligated for 
a project unless the steel, iron, and manufactured goods used for the 
project are produced in the United States.
    (b) Exceptions.--Subsection (a) shall not apply in any case or 
category of cases in which the head of the Federal department or agency 
overseeing a project finds that--
            (1) applying subsection (a) would be inconsistent with the 
        public interest;
            (2) iron, steel, and the relevant manufactured goods are 
        not produced in the United States in sufficient and reasonably 
        available quantities and of a satisfactory quality; or
            (3) inclusion of iron, steel, and manufactured goods 
        produced in the United States will increase the cost of the 
        overall project by more than 25 percent.
    (c) Waiver.--If the head of a Federal department or agency receives 
a request for a waiver under this section, the head of such department 
or agency shall make available to the public a copy of the request and 
information available to the head of such department or agency 
concerning the request, and shall allow for public input on the request 
for at least 15 days prior to making a finding based on the request. 
The head of such department or agency shall make the request and 
accompanying information available by electronic means, including on 
the official public Internet site of such department or agency.
    (d) Application.--This section shall be applied in a manner 
consistent with United States obligations under international 
agreements.
    (e) Applicability.--Nothing in this section shall supercede or 
preempt any existing Buy America provision to the extent such provision 
conflicts with this section.

SEC. 3. PUBLIC TRANSPORTATION BUY AMERICA PROVISIONS.

    Section 5323(j)(2)(C)(i) of title 49, United States Code, is 
amended--
            (1) by striking ``and'' at the end of subclause II;
            (2) in subclause (III)--
                    (A) by striking ``and each fiscal year 
                thereafter''; and
                    (B) by striking ``and'' at the end of the 
                subclause; and
            (3) inserting after subclause (III) the following:
                                    ``(IV) for fiscal year 2021 is more 
                                than 75 percent of the cost of all 
                                components of the rolling stock;
                                    ``(V) for fiscal year 2022 is more 
                                than 80 percent of the cost of all 
                                components of the rolling stock;
                                    ``(VI) for fiscal year 2023 is more 
                                than 85 percent of the cost of all 
                                components of the rolling stock;
                                    ``(VII) for fiscal year 2024 is 
                                more than 90 percent of the cost of all 
                                components of the rolling stock;
                                    ``(VIII) for fiscal year 2025 is 
                                more than 95 percent of the cost of all 
                                components of the rolling stock; and
                                    ``(IX) for fiscal year 2026 and 
                                each fiscal year thereafter is 100 
                                percent of the cost of all components 
                                of the rolling stock; and''.

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

    Section 502(h)(3) of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 822(h)(3)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(C) the requirements of section 24405(a) of title 49, 
        United States Code.''.

SEC. 5. AVIATION BUY AMERICA PROVISIONS.

    Section 50101 of title 49, United States Code, is amended--
            (1) in subsection (a) by inserting ``, iron,'' after 
        ``steel''; and
            (2) in subsection (b)--
                    (A) in paragraph (2), by inserting ``, iron,'' 
                after ``steel''; and
                    (B) in paragraph (3), by striking subparagraph (A) 
                and inserting the following:
                    ``(A) the cost of components and subcomponents 
                produced in the United States--
                            ``(i) for fiscal year 2018 is more than 60 
                        percent of the cost of all components of the 
                        facility or equipment;
                            ``(ii) for fiscal year 2019 is more than 65 
                        percent of the cost of all components of the 
                        facility or equipment;
                            ``(iii) for fiscal year 2020 is more than 
                        70 percent of the cost of all components of the 
                        facility or equipment;
                            ``(iv) for fiscal year 2021 is more than 75 
                        percent of the cost of all components of the 
                        facility or equipment;
                            ``(v) for fiscal year 2022 is more than 80 
                        percent of the cost of all components of the 
                        facility or equipment;
                            ``(vi) for fiscal year 2023 is more than 85 
                        percent of the cost of all components of the 
                        facility or equipment;
                            ``(vii) for fiscal year 2024 is more than 
                        90 percent of the cost of all components of the 
                        facility or equipment;
                            ``(viii) for fiscal year 2025 is more than 
                        95 percent of the cost of all components of the 
                        facility or equipment; and
                            ``(ix) for fiscal year 2026, and each 
                        fiscal year thereafter, is 100 percent of the 
                        cost of all components of the facility or 
                        equipment; and''.

SEC. 6. SAFE DRINKING WATER BUY AMERICA PROVISION.

    Section 1452(a)(4)(A) of the Safe Drinking Water Act (42 U.S.C. 
300j-12(a)) is amended by striking ``During fiscal year 2017, funds'' 
and inserting ``Funds''.
                                 <all>