IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: No inception date

Public procurement access

The 111th Congress (2009-2010) consdered, but ultimately did not enact, a bill to authorize construction projects in public schools includes Buy American provisions. The bill has been approved by the House of Representatives and is pending action in the Senate.
Representative Ben Chandler (Democrat of Kentucky) and 25 co-sponsors introduced on April 30, 2009 the '21st Century Green High Performing Public School Facilities Act' (H.R.2187). The bill would authorize $6.4 billion for school renovation and modernization projects for Fiscal Year 2010.'1' The stated purpose of the grants (per section 101 of the bill) 'shall be for the purpose of modernizing, renovating, or repairing public school facilities, based on their need for such improvements, to be safe, healthy, high-performing, and up-to-date technologically.'
The Buy American provisions in the bill are found in section 306, and closely track a similar provision in the economic stimulus package (see the Global Trade Alert description of that measure). Section 306 reads as follows:
  
(a) In General- None of the funds appropriated or otherwise made available by this Act may be used for a project for the modernization, renovation, repair or construction of a public school facility unless all of the iron, steel, and manufactured goods used in the project are produced in the United States.
(b) Exceptions- Subsection (a) shall not apply in any case or category of cases in which the Secretary finds that--
(1)applying subsection (a) would be inconsistent with the public interest;
(2)iron, steel, and the relevant manufactured goods are not produced in the United
States in sufficient and reasonably available quantities and of a satisfactory quality;
or
(3)inclusion of iron, steel, and manufactured goods produced in the United States will
increase the cost of the overall project by more than 25 percent.
(c) Publication of Justification- If the Secretary determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Secretary shall publish in the Federal Register a detailed written justification of the determination.
(d) Construction- This section shall be applied in a manner consistent with United States obligations under international agreements.


 The range of 'manufactured goods' that might be procured for projects under this bill is quite wide. Section 103 defines the activities for which fund might be allowed to include (among many others) repairing, replacing, or installing roofs, electrical wiring, water supply and plumbing systems, sewage systems, storm water runoff systems, lighting systems, or components of such systems, building envelope, windows, ceilings, flooring, or doors; repairing, replacing, or installing heating, ventilation, air conditioning systems, or components of such systems (including insulation); upgrading or installing educational technology infrastructure to ensure that students have access to up-to-date educational technology; modernization, renovation, or repair of science and engineering laboratory facilities, libraries, and career and technical education facilities, including those related to energy efficiency and renewable energy, and improvements to building infrastructure to accommodate bicycle and pedestrian access; renewable energy generation and heating systems, including solar, photovoltaic, wind, geothermal, or biomass, including wood pellet, woody biomass, waste-to-energy, and solar-thermal systems or components of such systems, and energy audits; and creating greenhouses, gardens (including trees), and other facilities for environmental, scientific, or other educational purposes, or to produce energy savings.
The bill was referred to the Committee on Education and Labor, which approved it by a vote of 31 to 14 on May 6, 2009. The House of Representatives debated and amended the bill on May 14, 2009, and approved it by a vote of 275 to 155.
The bill is now pending in the Senate, which received the bill on May 18, 2009. It has been referred to the Committee on Health, Education, Labor, and Pensions.
 

'1' Fiscal years in the United States start on October 1 of the preceding calendar year, such that Fiscal Year 2010 will run from October 1, 2009 through September 30, 2010.

 

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

163 Precious & semi-precious stones; natural abrasives; other minerals
2525 Mica, including spliiting; mica waste.
252510 Crude mica and mica rifted into sheets or splitting
252520 Mica powder
316 Builders' joinery & carpentry of wood
4418 Builders' joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes.
441810 Windows, Frenchwindows and their frames
441820 Doors and their frames and thresholds
441840 Shuttering for concrete constructional work
441850 Shingles and shakes
441860 Posts and beams
441871 For mosaic floors
441872 Other, multilayer
441879 Other
441890 Other
371 Glass & glass products
7007 Safety glass, consisting of toughened (tempered) or laminated glass.
700711 Of size and shape suitable for incorporation in vehicles, aircraft, spacecraft or vessels
700719 Other
700721 Of size and shape suitable for incorporation in vehicles, aircraft, spacecraft or vessels
700729 Other
7008 Multiplewalled insulating units of glass.
700800 Multiplewalled insulating units of glass.
7013 Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 70.10 or 70.18).
701322 Of lead crystal
701328 Other
701333 Of lead crystal
701337 Other
701341 Of lead crystal
701342 Of glass having a linear coefficient of expansion not exceeding 5 x 106 per Kelvin within a temperature range of 0 °C to 300 °C
701349 Other
701391 Of lead crystal
701399 Other
7016 Paving blocks, slabs, bricks, squares, tiles and other articles of pressed or moulded glass, whether or not wired, of a kind used for building or construction purposes; glass cubes and other glass smallwares, whether or not on a backing, for mosaics or si
701610 Glass cubes and other glass smallwares, whether or not on a backing, for mosaics or similar decorative purposes
701690 Other
373 Refractory products & structural non-refractory clay products
6901 Bricks, blocks, tiles and other ceramic goods of siliceous fossil meals (for example, kieselguhr, tripolite or diatomite) or of similar siliceous earths.
690100 Bricks, blocks, tiles and other ceramic goods of siliceous fossil meals (for example, kieselguhr, tripolite or diatomite) or of similar siliceous earths.
6902 Refractory bricks, blocks, tiles and similar refractory ceramic constructional goods, other than those of siliceous fossil meals or similar siliceous earths.
690210 Containing by weight, singly or together, more than 50 % of the elements Mg, Ca or Cr, expressed as MgO, CaO or Cr2O3
690220 Containing by weight more than 50 % of alumina (Al2O3), of silica (SiO2) or of a mixture or compound of these products
690290 Other
6905 Roofing tiles, chimneypots, cowls, chimney liners, architectural ornaments and other ceramic constructional goods.
690510 Roofing tiles
690590 Other
374 Plaster, lime & cement
2523 Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic cements, whether or not coloured or in the form of clinkers.
252310 Cement clinkers
252321 White cement, whether or not artificially coloured
252329 Other
252330 Aluminous cement
252390 Other hydraulic cements
375 Articles of concrete, cement & plaster
6808 Panels, boards, tiles, blocks and similar articles of vegetable fibre, of straw or of shavings, chips, particles, sawdust or other waste, of wood, agglomerated with cement, plaster or other mineral binders.
680800 Panels, boards, tiles, blocks and similar articles of vegetable fibre, of straw or of shavings, chips, particles, sawdust or other waste, of wood, agglomerated with cement, plaster or other mineral binders.
6809 Articles of plaster or of compositions based on plaster.
680911 Faced or reinforced with paper or paperboard only
680919 Other
680990 Other articles
6810 Articles of cement, of concrete or of artificial stone, whether or not reinforced.
681011 Building blocks and bricks
681019 Other
681091 Prefabricated structural components for building or civil engineering
681099 Other
6811 Articles of asbestoscement, of cellulose fibrecement or the like.
681182 Other sheets, panels, tiles and similar articles
379 Other non-metallic mineral products n.e.c.
6807 Articles of asphalt or of similar material (for example, petroleum bitumen or coal tar pitch).
680710 In rolls
680790 Other
412 Products of iron or steel
7303 Tubes, pipes and hollow profiles, of cast iron.
730300 Tubes, pipes and hollow profiles, of cast iron.
7304 Tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel.
730411 Of stainless steel
730419 Other
730422 Drill pipe of stainless steel
730423 Other drill pipe
730424 Other, of stainless steel
730429 Other
730431 Colddrawn or coldrolled (coldreduced)
730439 Other
730441 Colddrawn or coldrolled (coldreduced)
730449 Other
730451 Colddrawn or coldrolled (coldreduced)
730459 Other
730490 Other
7305 Other tubes and pipes (for example, welded, riveted or similarly closed), having circular crosssections, the external diameter of which exceeds 406.4 mm, of iron or steel.
730511 Longitudinally submerged arc welded
730512 Other, longitudinally welded
730519 Other
730520 Casing of a kind used in drilling for oil or gas
730531 Longitudinally welded
730539 Other
7306 Other tubes, pipes and hollow profiles (for example, open seam or welded, riveted or similarly closed), of iron or steel.
730611 Welded, of stainless steel
730619 Other
730621 Welded, of stainless steel
730629 Other
730630 Other, welded, of circular crosssection, of iron or nonalloy steel
730640 Other, welded, of circular crosssection, of stainless steel
730650 Other, welded, of circular crosssection, of other alloy steel
730661 Of square or rectangular crosssection
730669 Of other noncircular crosssection
730690 Other
7307 Tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or steel.
730711 Of nonmalleable cast iron
730719 Other
730721 Flanges
730722 Threaded elbows, bends and sleeves
730723 Butt welding fittings
730729 Other
730791 Flanges
730792 Threaded elbows, bends and sleeves
730793 Butt welding fittings
730799 Other
421 Structural metal products & parts
7308 Structures (excluding prefabricated buildings of heading 94.06) and parts of structures (for example, bridges and bridgesections, lockgates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors,
730810 Bridges and bridgesections
730820 Towers and lattice masts
730830 Doors, windows and their frames and thresholds for doors
730840 Equipment for scaffolding, shuttering, propping or pitpropping
730890 Other
429 Other fabricated metal products
7317 Nails, tacks, drawing pins, corrugated nails, staples (other than those of heading 83.05) and similar articles, of iron or steel, whether or not with heads of other material, but excluding such articles with heads of copper.
731700 Nails, tacks, drawing pins, corrugated nails, staples (other than those of heading 83.05) and similar articles, of iron or steel, whether or not with heads of other material, but excluding such articles with heads of copper.
7318 Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotterpins, washers (including spring washers) and similar articles, of iron or steel.
731811 Coach screws
731812 Other wood screws
731813 Screw hooks and screw rings
731814 Selftapping screws
731815 Other screws and bolts, whether or not with their nuts or washers
731819 Other
731821 Spring washers and other lock washers
731822 Other washers
731823 Rivets
731824 Cotters and cotterpins
731829 Other
7324 Sanitary ware and parts thereof, of iron or steel.
732410 Sinks and wash basins, of stainless steel
732421 Of cast iron, whether or not enamelled
732429 Other
732490 Other, including parts

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