[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9495 Introduced in House (IH)]

<DOC>






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 
    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 prioritize United States contractors with respect to federally 
        funded infrastructure projects, and for other purposes.

    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 ``Domestic Preferences for Building 
America Act''.

SEC. 2. PRIORITY FOR UNITED STATES CONTRACTORS.

    (a) Requirements With Respect to Certain Contract Awardees.--
            (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 recipient 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 
                        ventures; 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 financially'' does not include a 
        minority relationship or investment.
    (b) Limitation on Subcontracting.--With respect 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 contractor, at any tier, may enter into a subcontract 
related 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 purposes 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 venture; and
            (2) requirements for record retention and reporting.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to limit a recipient of Federal financial 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 Agreements.--This section shall 
be applied in a manner consistent with United States obligations under 
international agreements.
    (f) Definitions.--In this section:
            (1) Adequate competition.--The term ``adequate 
        competition'' means the submission of responsive 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 enactment 
                of this section, as a nonmarket economy 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 included on the priority watch 
                list defined in subsection (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 assistance'', ``infrastructure'', and 
        ``project'' have the meanings given such terms in section 70912 
        of the Infrastructure Investment and Jobs Act (41 U.S.C. 8301 
        note).
            (4) Qualified united states joint venture.--The term 
        ``qualified United States joint venture'' 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 jurisdiction 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 within the 
                United States that are similar in complexity and type 
                to the services required for the relevant contract;
                    (D) has within the United States the technical and 
                financial resources necessary to perform the relevant 
                contract; and
                    (E) employs individuals who are citizens or 
                residents of the United States in not less than 51 
                percent of--
                            (i) the principal management positions 
                        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.
                                 <all>