Sponsors (7)
Last progress June 11, 2025 (8 months ago)
Introduced on June 11, 2025 by Hillary Scholten
Makes the Buy America/Build America rules explicitly cover yellow organic pigments and the full U.S. chemical manufacturing processes used to produce them when those processes occur in the United States. The change applies immediately to yellow organic pigments used in water‑based road, highway, and airport surface‑marking paints and, after a two‑year phase‑in, to those pigments when included in all formulas for such surface‑marking paints. The Office of Management and Budget must update Made in America guidance, including implementation guidance from the Made in America Office, within 90 days of enactment.
Amend Section 70917(c)(1) of the Infrastructure Investment and Jobs Act (Public Law 117–58) by striking and inserting language beginning "shall— (A) not include and" (modifies the text of that subsection).
Add a new subparagraph (B) that requires inclusion of all yellow organic pigments when produced in the United States, covering all manufacturing processes from the initial combination of materials through the chemical reaction that synthesizes the pigment. The provision defines "chemical reaction" to include processes (including biochemical processes) that create a molecule with a new structure by breaking and forming intramolecular bonds or by changing the spatial arrangement of atoms.
Applicability rule (first paragraph): The amendment described above applies to a pigment described in the amendment when that pigment is used in water-based paints for road, highway, or airport surface markings beginning on the date of enactment of this Act.
Applicability rule (second paragraph): The amendment described above applies to such pigments when they are included in all formulas for road, highway, or airport surface markings containing such pigments beginning on the date that is 2 years after the date of enactment of this Act.
The Director of the Office of Management and Budget must update relevant guidance to reflect the requirements of the amendment made by section 2, including the implementation guidance of the Made in America Office.
Who is affected and how:
Pigment manufacturers and chemical producers: Domestic producers of yellow organic pigments will be directly affected because the law treats the full U.S. chemical manufacturing process as qualifying domestic content. Producers that currently import intermediate steps or finished pigments may need to alter supply chains, shift more of the chemical reaction/processing steps to U.S. facilities, or document that such steps occur domestically to meet Buy America requirements.
Paint formulators and surface‑marking paint manufacturers: Companies that formulate water‑based road/airport/highway marking paints must ensure the yellow organic pigments they buy meet the amended Buy America standard, especially once the two‑year phase‑in for formulas takes effect. This could require supplier audits, replacement of pigment suppliers, or reformulation.
Federal grantees and procurement officials (state/local transportation agencies, contractors): Entities using federal funds for surface‑marking paint purchases (e.g., state DOTs, airport authorities, contractors on federally assisted projects) will need to verify pigment compliance at procurement and contract administration stages. That verification could affect bidding, sourcing, and project budgets.
Office of Management and Budget and Made in America Office: Required to issue updated guidance within 90 days to implement and explain compliance expectations for procuring agencies and contractors.
Potential consequences:
Scope limitations and tradeoffs:
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.