[Congressional Record Volume 166, Number 105 (Monday, June 8, 2020)]
[Senate]
[Pages S2767-S2768]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1596. Ms. BALDWIN (for herself, Mr. Braun, Mr. Brown, and Mr. 
Schumer) submitted an amendment intended to be proposed by her to the 
bill H.R. 1957, to amend the Internal Revenue Code of 1986 to modernize 
and improve the Internal Revenue Service, and for other purposes; which 
was ordered to lie on the table; as follows:

        In section 200402 of title 54, United States Code (as 
     added by section 2(a)), add at the end the following:
       ``(l) Buy America Requirements.--
       ``(1) Definitions.--In this subsection:
       ``(A) Produced in the united states.--The term `produced in 
     the United States' means--
       ``(i) in the case of iron or steel products, that all 
     manufacturing processes for the iron or steel product, from 
     the initial melting stage through the application of 
     coatings, occurred in the United States;
       ``(ii) in the case of manufactured products, that--

       ``(I) the manufactured product was manufactured in the 
     United States; and
       ``(II) the cost of the components of the manufactured 
     product that are mined, produced, or manufactured in the 
     United States is greater than 50 percent of the total cost of 
     all components of the manufactured product; and

       ``(iii) in the case of construction materials described in 
     clauses (iv) through (ix) of paragraph (3)(A), that all 
     manufacturing processes for the construction material 
     occurred in the United States.
       ``(B) Secretary.--The term `Secretary' means the Secretary 
     of Commerce.
       ``(2) Uniform standards.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall issue uniform 
     standards that define the term `all manufacturing processes' 
     for the purposes of this subsection--
       ``(i) in the case of iron and steel, in a manner consistent 
     with section 635.410(b)(1)(ii) of title 23, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act); and
       ``(ii) in the case of construction materials described in 
     clauses (iv) through (ix) of paragraph (3)(A), in accordance 
     with subparagraph (B).
       ``(B) Considerations.--In issuing uniform standards under 
     subparagraph (A)(ii), the Secretary shall--
       ``(i) ensure that the uniform standards require that each 
     manufacturing process required for the manufacture of the 
     construction material and the inputs of the construction 
     material occurs in the United States, without regard to the 
     origin of raw material inputs; and
       ``(ii) take into consideration and seek to maximize the 
     direct and indirect jobs benefited or created in the 
     production of the construction material.
       ``(3) Prohibited use of fund amounts.--
       ``(A) In general.--No amounts shall be expended from the 
     Fund for a project under subsection (e) unless all of the 
     following materials used in the project are produced in the 
     United States:
       ``(i) Steel.
       ``(ii) Iron.
       ``(iii) Manufactured products.
       ``(iv) Non-ferrous metals.
       ``(v) Plastic and polymer-based products (including 
     polyvinylchloride, composite building materials, and polymers 
     used in fiber optic cables).
       ``(vi) Concrete and other aggregates.
       ``(vii) Glass (including optic glass).
       ``(viii) Lumber.
       ``(ix) Drywall.
       ``(B) Exception.--Subparagraph (A) shall not apply in any 
     case in which the head of the covered agency carrying out the 
     project determines that--
       ``(i) applying subparagraph (A) would be inconsistent with 
     the public interest;
       ``(ii) the relevant material is not produced in the United 
     States in sufficient and reasonably available quantities and 
     of a satisfactory quality; or
       ``(iii) inclusion of the relevant material produced in the 
     United States will increase the cost of the overall project 
     by more than 25 percent.
       ``(C) Waiver.--If the head of the covered agency carrying 
     out the applicable project makes a finding under subparagraph 
     (B) to waive subparagraph (A), the head of the covered agency 
     shall, before the date on which the waiver takes effect--

[[Page S2768]]

       ``(i) publish in the Federal Register a detailed written 
     justification that provides the reasons that the waiver is 
     needed; and
       ``(ii) provide an opportunity for public comment on the 
     proposed waiver for a period of not more than 60 days.
       ``(D) Application.--This paragraph shall be applied in a 
     manner consistent with United States obligations under 
     international agreements.''.
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