Sec. 1112. Buy America
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Section 313 of title 23, United States Code, is amended— in subsection (a)— by striking Notwithstanding and inserting ; In general.— Notwithstanding by striking Secretary of Transportation and inserting Secretary ; by striking the Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or ; and by striking and manufactured products and inserting manufactured products, and construction materials ; in subsection
(b)by inserting before Determination.— The provisions ; in subsection
(c)by striking For purposes and inserting ; Calculation.— For purposes in subsection (d)— by striking The Secretary of Transportation and inserting ; and Requirements.— The Secretary by striking the Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or ; in subsection
(g)by inserting or within the scope of the applicable finding, determination, or environmental review decision made pursuant to authority granted by the Secretary under section 330, if applicable, before regardless of the ; and by adding at the end the following: Not later than 120 days after the submission of a request for a waiver, the Secretary shall make a determination under paragraph
(1)or
(2)of subsection
(b)as to whether subsection
(a)shall apply. Not later than 30 days before making a determination regarding a waiver described in paragraph (1), the Secretary shall provide notification and an opportunity for public comment on the request for such waiver. The notification required under subparagraph
(A)shall— describe whether the application is being made for a determination described in subsection (b)(1); and be provided to the public by electronic means, including on the public website of the Department of Transportation. Before a determination described in paragraph
(1)takes effect, the Secretary shall publish a detailed justification for such determination that addresses all public comments received under paragraph (2)— on the public website of the Department of Transportation; and if the Secretary issues a waiver with respect to such determination, in the Federal Register. Not later than 1 year after the date of enactment of this subsection, and at least every 5 years thereafter, the Secretary shall review any standing nationwide waiver issued by the Secretary under this section to ensure such waiver remains justified. Not later than 30 days before the completion of a review under paragraph (1), the Secretary shall provide notification and an opportunity for public comment on such review. Notification provided under this subparagraph shall be provided by electronic means, including on the public website of the Department of Transportation. After the completion of a review under paragraph (1), the Secretary shall publish in the Federal Register a detailed justification for the determination made under paragraph
(1)that addresses all public comments received under paragraph (2). In conducting the review under paragraph (1), the Secretary shall consider the study on supply chains carried out under section 1112(c) of the INVEST in America Act . Not later than 120 days after the last day of each fiscal year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committee on Appropriations of the Senate a report on the waivers provided under subsection
(h)during the previous fiscal year and the justifications for such waivers. In this section, the term construction materials means primary materials, except for iron and steel, that are commonly used in highway construction, as determined by the Secretary. . The Secretary shall issue such regulations as are necessary to implement the amendment made by subsection (a)(1)(D). Such regulations shall ensure the continued availability of construction materials to carry out projects under title 23, United States Code. The regulations issued pursuant to subparagraph
(A)shall— ensure the continued availability of construction materials to carry out projects under title 23, United States Code; include authority for the Secretary to waive the applicability of the requirement under section 313(a) of title 23, United States Code, to procure domestic construction materials if the study conducted under subsection (c)(1) determines that the domestic supply of construction materials is insufficient to meet the demand for activities covered under section 313 of title 23, United States Code; and provide for efficient and timely— project delivery for project sponsors; and administration for the Secretary. The regulations issued pursuant to subparagraph
(A)shall not be finalized until the study under subsection
(c)has been completed and considered by the Secretary in the rulemaking process under such subparagraph. The requirements of this section, and the amendments made by this section— shall seek to maximize jobs located in the United States; may establish domestic content requirements that are less than 100 percent and that increase over time, based on the current and expected future domestic availability of construction materials; and shall take into consideration the study conducted under subsection (c), including any potential— disruption in the supply of construction materials to any State or isolated geographic region; and impacts on the price of covered items. The amendment made by subsection (a)(1)(D) shall take effect beginning on the date that the Secretary establishes the regulations described under paragraph (1). The Secretary shall conduct study on covered items that are commonly used or acquired under title 23, United States Code, including— construction materials; manufactured products; vehicles; and alternative fuel infrastructure and electric vehicle supply equipment. The study under paragraph
(1)shall consider— the current domestic availability of covered items of sufficient and reasonably available quantity and of a satisfactory quality (including any specific impacts in a State or isolated geographic region, as applicable) necessary to meet the demand for activities covered under section 313 of title 23, United States Code; the current supply chain for covered items including the impacts of extracting, refining, manufacturing, and transporting domestically available covered items; anticipated impacts to the environment, public health, and safety from transportation of domestically available covered items; the estimated demand, in relation to total domestic demand from all sources, for covered items from— procurement under the Federal-aid highway program; procurement under other programs administered by the Secretary of Transportation; and other Federal procurement; and the delivery cost differential of domestic covered items, as compared to non-domestic alternatives, including any specific impacts in a State or isolated geographic region, as applicable. Not later than 120 days after the Secretary completes the study in paragraph (1), the Inspector General of the Department of Transportation shall— review the extent to which the study under paragraph
(1)addresses the considerations under paragraph (2); and submit to the Committee on Transportation and Infrastructure of the House of Representatives and Committee on Environment and Public Works of the Senate a report on the findings of the review under subparagraph (A). As part of the review under this paragraph, the Secretary may establish and maintain a list of known domestic suppliers of covered items. For the purposes of this section, the term covered item means any material or product (except for iron and steel) subject to the requirements of section 313(a) of title 23, United States Code, that is commonly used in highway construction or procured under the Federal-aid highway program. Subsections
(b)and (c), shall not affect the requirements under section 635.410(b)(1)(ii) of title 23, Code of Federal Regulations, with respect to iron and steel. In this section, the term construction materials has the meaning given such term in section 313 of title 23, United States Code. Section 117 of the SAFETEA–LU Technical Corrections Act of 2008 ( 23 U.S.C. 313 note) is repealed.
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