HR1193-118

2. Priority for United States contractors 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— subject to the occurrence of adequate competition, the recipient shall award contracts only to— United States persons; and qualified United States joint ventures; and 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. For purposes of paragraph (1)(B), the term otherwise related legally or financially does not include a minority relationship or investment. 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. 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— procedures for determining whether bids or proposals for contracts are submitted by a United States person or a qualified United States joint venture; and requirements for record retention and reporting. 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. This section shall be applied in a manner consistent with United States obligations under international agreements. In this section: 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. The term covered country means a country that— 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))); 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 is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416). 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). 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. The term United States person means a person that— 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; has its principal place of business in the United States; has previously performed services within the United States that are similar in complexity and type to the services required for the relevant contract; has within the United States the technical and financial resources necessary to perform the relevant contract; and employs individuals who are citizens or residents of the United States in not less than 51 percent of— the principal management positions located in the United States; the permanent, full-time positions located in the United States; and the supervisory positions located in the United States. This Act shall take effect 180 days after the date of the enactment of this Act.