SECTION 1. Short title.

SEC. 2. Findings.

(1) the United States must make significant investments to install, upgrade, or replace the public works infrastructure of the United States;

(2) with respect to investments in the infrastructure of the United States, taxpayers expect that their public works infrastructure will be produced in the United States by American workers;

(3) United States taxpayer dollars invested in public infrastructure should not be used to reward companies that have moved their operations, investment dollars, and jobs to foreign countries or foreign factories, particularly those that do not share or openly flout the commitments of the United States to environmental, worker, and workplace safety protections;

(4) in procuring materials for public works projects, entities using taxpayer-financed Federal assistance should give a commonsense procurement preference for the materials and products produced by companies and workers in the United States in accordance with the high ideals embodied in the environmental, worker, workplace safety, and other regulatory requirements of the United States;

(5) the benefits of domestic content preferences extend beyond economics;

(6) by incentivizing domestic manufacturing, domestic content preferences reinvest tax dollars in companies and processes using the highest labor and environmental standards in the world;

(7) strong domestic content preference policies act to prevent shifts in production to countries that rely on production practices that are significantly less energy efficient and far more polluting than those in the United States;

(8) for over 75 years, Buy America and other domestic preference laws have been part of the United States procurement policy, ensuring that the United States can build and rebuild the infrastructure of the United States with high-quality American-made materials;

(9) Buy America laws create demand for domestically produced goods, helping to sustain and grow domestic manufacturing and the millions of jobs domestic manufacturing supports throughout product supply chains;

(10) as of the date of enactment of this Act, domestic procurement preference policies apply to all Federal Government procurement and to various Federal-aid infrastructure programs;

(11) a robust domestic manufacturing sector is a vital component of the national security of the United States;

(12) as more manufacturing operations of the United States have moved offshore, the strength and readiness of the defense industrial base of the United States has been diminished; and

(13) domestic procurement preference laws—

(A) are fully consistent with the international obligations of the United States; and

(B) together with the government procurements to which the laws apply, are important levers for ensuring that United States manufacturers can access the government procurement markets of the trading partners of the United States.

SEC. 3. Definitions.

(1) DEFICIENT PROGRAM.—The term “deficient program” means a program identified by the head of a Federal agency under section 4(c).

(2) DOMESTIC CONTENT PROCUREMENT PREFERENCE.—The term “domestic content procurement preference” means a requirement that no amounts made available through a program for Federal financial assistance may be obligated for a project unless—

(A) all iron and steel used in the project are produced in the United States; or

(B) the manufactured products used in the project are produced in the United States.

(3) FEDERAL AGENCY.—The term “Federal agency” has the meaning given the term “agency” in section 552(f) of title 5, United States Code.

(4) FEDERAL FINANCIAL ASSISTANCE.—

(A) IN GENERAL.—The term “Federal financial assistance” has the meaning given the term in section 200.40 of title 2, Code of Federal Regulations (or successor regulations).

(B) INCLUSION.—The term “Federal financial assistance” includes all expenditures by a Federal agency for an infrastructure project.

(5) INFRASTRUCTURE.—The term “infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the United States—

(A) roads, highways, and bridges;

(B) public transportation;

(C) dams, ports, harbors, and other maritime facilities;

(D) intercity passenger and freight railroads;

(E) freight and intermodal facilities;

(F) airports;

(G) water systems, including drinking water and wastewater systems;

(H) electrical transmission facilities and systems;

(I) utilities;

(J) broadband infrastructure; and

(K) buildings and real property.

(6) PRODUCED IN THE UNITED STATES.—The term “produced in the United States” means, in the case of iron or steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(7) PROJECT.—The term “project” means the construction, alteration, maintenance, or repair of infrastructure in the United States.

SEC. 4. Identification of deficient programs.

SEC. 5. Application of Buy America preference.

SEC. 6. OMB guidance.

(1) issue guidance to the head of each Federal agency—

(A) to assist in identifying deficient programs under section 4(c); and

(B) to assist in applying new domestic content procurement preferences under section 5; and

(2) if necessary, amend subtitle A of title 2, Code of Federal Regulations (or successor regulations), to ensure that domestic content procurement preference requirements required by this Act or other Federal law are imposed through the terms and conditions of awards of Federal financial assistance.

SEC. 7. Application.