S. 3819 — Paving the Way for American Industry Act

This section classifies yellow organic pigments used in road, highway, or airport surface markings as construction materials under the Build America, Buy America Act (BAA)—which requires domestic production of construction materials (i.e., articles, materials, or supplies incorporated into federally funded infrastructure projects)—in two phases: (1) beginning on the date of enactment of the Paving the Way for American Industry Act, for those used in water-based paints; and (2) beginning two years after such date, for those used in all formulas. For these pigments, it defines "produced in the United States" to mean that all manufacturing processes, from initial combination of materials through the chemical reaction (i.e., a process, including biochemical, that results in a molecule with a new structure by breaking and forming intramolecular bonds or altering atomic spatial arrangement) synthesizing the pigment, occurred in the United States. (Thus, such pigments used in BAA-covered projects must meet these domestic production standards.) It further directs the Director of the Office of Management and Budget to update relevant guidance, including Made in America Office implementation guidance, within 90 days of enactment.