(a) In general

Section 70917 of the Infrastructure Investment and Jobs Act (41 U.S.C. 8301 note; Public Law 117–58) is amended by adding at the end the following:

(d) Certain yellow pigments

(1) In general

For the purpose of this part—

(A)

beginning on the date of enactment of the Paving the Way for American Industry Act, all yellow organic pigments used in water-based paints for road, highway, or airport surface markings shall be considered to be construction materials; and

(B)

beginning on the date that is 2 years after the date of enactment of the Paving the Way for American Industry Act, all yellow organic pigments used in all formulas for road, highway, or airport surface markings shall be considered to be construction materials.

(2) Produced in the United States

For the purpose of this part, with respect to a yellow organic pigment described in paragraph (1), the term produced in the United States means that all manufacturing processes from initial combination of materials through the chemical reaction resulting in the synthesized pigment, where chemical reaction is a process (including a biochemical process) that results in a molecule with a new structure by breaking intramolecular bonds and by forming new intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule, occurred in the United States.

(b) Implementation

Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall update relevant guidance, including the implementation guidance of the Made in America Office, to reflect the amendment made by subsection (a).