S.Amdt. 1596

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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