41 U.S.C. § 8301 - Definitions

• Cite as: 41 U.S.C. § 8301

In this chapter:

(1) PUBLIC BUILDING, PUBLIC USE, AND PUBLIC WORK.-The terms "public building", "public use", and "public work" mean a public building of, use by, and a public work of, the Federal Government, the District of Columbia, Puerto Rico, American Samoa, and the Virgin Islands.

(2) UNITED STATES.-The term "United States" includes any place subject to the jurisdiction of the United States.

(3) FEDERAL AGENCY.-The term "Federal agency" has the meaning given the term "executive agency" in section 133 of this title.

Cite as 41 U.S.C. § 8301

Source: Pub. L. 111-350, §3, Jan. 4, 2011, 124 Stat. 3830; Pub. L. 117-58, div. G, title IX, §70922(d), Nov. 15, 2021, 135 Stat. 1304.

current through 5/22/2023

<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES</TD> </TR> <TR> <TD>Revised <para>Section</para> </TD> <TD>Source (U.S. Code)</TD> <TD>Source (Statutes at Large)</TD> </TR> <TR> <TD>8301</TD> <TD>41:10c.</TD> <TD>Mar. 3, 1933, ch. 212, title III, §1, 47 Stat. 1520; Pub. L. 86-70, §43, June 25, 1959, 73 Stat. 151; Pub. L. 86-624, §28, July 12, 1960, 74 Stat. 419; Pub. L. 100-418, title VII, §7005(a), Aug. 23, 1988, 102 Stat. 1552.</TD> </TR> </TABLE>

In paragraph (1), the words "the Philippine Islands" are omitted because of Proclamation No. 2695 ( 22 U.S.C. 1394 note). The words "the Canal Zone" are omitted because of the Panama Canal Treaty of 1977.

In paragraph (2), the words "when used in a geographical sense" are omitted as unnecessary.

EDITORIAL NOTES

AMENDMENTS

2021-Par. (3). Pub. L. 117-58 added par. (3).

STATUTORY NOTES AND RELATED SUBSIDIARIES

BUILD AMERICA, BUY AMERICA

Pub. L. 117-58, 135 Stat. 1294, as amended by Pub. L. 117-167, div. B, title II, §102540254,, 136 Stat. 1502, provided that:

"Subtitle A-Build America, Buy America

"SEC. 70901. SHORT TITLE.

"This subtitle may be cited as the 'Build America, Buy America Act'.

"PART I-BUY AMERICA SOURCING REQUIREMENTS

"SEC. 70911. FINDINGS.

"Congress finds that-

"(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) common construction materials used in public works infrastructure projects, including steel, iron, manufactured products, non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, and drywall are not adequately covered by a domestic content procurement preference, thus limiting the impact of taxpayer purchases to enhance supply chains in the United States;

"(6) the benefits of domestic content procurement preferences extend beyond economics;

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

"(8) strong domestic content procurement 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;

"(9) for over 75 years, Buy America and other domestic content procurement 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;

"(10) before the date of enactment of this Act [Nov. 15, 2021], a domestic content procurement preference requirement may not apply, may apply only to a narrow scope of products and materials, or may be limited by waiver with respect to many infrastructure programs, which necessitates a review of such programs, including programs for roads, highways, and bridges, public transportation, dams, ports, harbors, and other maritime facilities, intercity passenger and freight railroads, freight and intermodal facilities, airports, water systems, including drinking water and wastewater systems, electrical transmission facilities and systems, utilities, broadband infrastructure, and buildings and real property;

"(11) 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;

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

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

"(14) 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

"(15) domestic content 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. 70912. DEFINITIONS.

"In this part:

"(1) DEFICIENT PROGRAM.-The term 'deficient program' means a program identified by the head of a Federal agency under section 70913(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;

"(B) the manufactured products used in the project are produced in the United States; or

"(C) the construction materials used in the project are produced in the United States.

"(3) FEDERAL AGENCY.-The term 'Federal agency' means any authority of the United States that is an 'agency' (as defined in section 3502 of title 44, United States Code), other than an independent regulatory agency (as defined in that section).

"(4) FEDERAL FINANCIAL ASSISTANCE.-

"(A) IN GENERAL.-The term 'Federal financial assistance' has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations (or successor regulations).

"(B) INCLUSION.-The term 'Federal financial assistance' includes all expenditures by a Federal agency to a non-Federal entity for an infrastructure project, except that it does not include expenditures for assistance authorized under section 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170a, 5170b, 5170c, 5172, 5174, or 5192 ) relating to a major disaster or emergency declared by the President under section 401 or 501, respectively, of such Act ( 42 U.S.C. 5170, 5191 ) or pre and post disaster or emergency response expenditures.

"(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-

"(A) 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;

"(B) 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 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and

"(C) in the case of construction materials, that all manufacturing processes for the construction material occurred in the United States.

"(7) PROJECT.-The term 'project' means the construction, alteration, maintenance, or repair of infrastructure in the United States.

"SEC. 70913. IDENTIFICATION OF DEFICIENT PROGRAMS.

"(a) IN GENERAL.-Not later than 60 days after the date of enactment of this Act [Nov. 15, 2021], the head of each Federal agency shall-

"(1) submit to the Office of Management and Budget and to Congress, including a separate notice to each appropriate congressional committee, a report that identifies each Federal financial assistance program for infrastructure administered by the Federal agency; and

"(2) publish in the Federal Register the report under paragraph (1).