[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2468 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2468
To ensure that certain materials used in carrying out Federal
infrastructure aid programs are made in the United States, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2021
Mr. Garamendi (for himself, Ms. Kaptur, Mr. Pocan, Mrs. Bustos, Ms.
Schakowsky, Mrs. Axne, Mr. Ryan, Mr. Tonko, Mr. Mrvan, and Mr.
Cicilline) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on Agriculture, Energy and Commerce, Financial Services,
Homeland Security, and Natural Resources, 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
_______________________________________________________________________
A BILL
To ensure that certain materials used in carrying out Federal
infrastructure aid programs are made in the United States, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Made in America Act of 2021''.
SEC. 2. AMERICAN-MADE INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Produced in the united states.--The term ``produced in
the United States'' means--
(A) in the case of iron or steel products, that all
manufacturing processes for the iron or steel product,
from the initial melting stage through the application
of coatings, occurred in the United States;
(B) in the case of manufactured products, that--
(i) the manufactured product was
manufactured in the United States; and
(ii) the cost of the components of the
manufactured product that are mined, produced,
or manufactured in the United States is greater
than 50 percent of the total cost of all
components of the manufactured product; and
(C) in the case of construction materials described
in subparagraphs (D) through (I) of subsection (c)(1),
that all manufacturing processes for the construction
material occurred in the United States.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(b) Uniform Standards.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue uniform
standards that define the term ``all manufacturing processes''
for the purposes of this Act--
(A) in the case of iron and steel, in a manner
consistent with section 635.410(b)(1)(ii) of title 23,
Code of Federal Regulations (as in effect on the date
of enactment of this Act); and
(B) in the case of construction materials described
in subparagraphs (D) through (I) of subsection (c)(1),
in accordance with paragraph (2).
(2) Considerations.--In issuing uniform standards under
paragraph (1)(B), the Secretary shall--
(A) ensure that the uniform standards require that
each manufacturing process required for the manufacture
of the construction material and the inputs of the
construction material occurs in the United States,
without regard to the origin of raw material inputs;
and
(B) take into consideration and seek to maximize
the direct and indirect jobs benefited or created in
the production of the construction material.
(3) Application.--In carrying out a program described in
subsection (d), the head of each Federal department or agency
that administers a program described in subsection (d) shall--
(A) implement this Act; and
(B) adopt the uniform standards issued by the
Secretary under paragraph (1) for purposes of
implementing this Act.
(c) Requirement.--
(1) In general.--Notwithstanding any other provision of
law, none of the funds made available to carry out a program
described in subsection (d) may be used for a project under
that program unless all of the following materials used in the
project are produced in the United States:
(A) Steel.
(B) Iron.
(C) Manufactured products.
(D) Non-ferrous metals.
(E) Plastic and polymer-based products (including
polyvinylchloride, composite building materials, and
polymers used in fiber optic cables).
(F) Concrete and other aggregates.
(G) Glass (including optic glass).
(H) Lumber.
(I) Drywall.
(2) Exception.--Paragraph (1) shall not apply in any case
in which the head of the Federal department or agency with
authority to carry out the applicable program determines that--
(A) applying paragraph (1) would be inconsistent
with the public interest;
(B) the relevant material is not produced in the
United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
(C) inclusion of the relevant material produced in
the United States will increase the cost of the overall
project by more than 25 percent.
(3) Waiver.--If the head of the Federal department or
agency with authority to carry out the applicable program makes
a finding under paragraph (2) to waive paragraph (1), the head
of the Federal department or agency shall, before the date on
which the waiver takes effect--
(A) publish in the Federal Register a detailed
written justification that provides the reasons that
the waiver is needed; and
(B) provide an opportunity for public comment on
the proposed waiver for a period of not more than 60
days.
(4) Application.--This subsection shall be applied in a
manner consistent with United States obligations under
international agreements.
(d) Programs Described.--The programs referred to in subsection
(c)(1) are each of the following:
(1) Direct and guaranteed loans and grants under section
306(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926(a)).
(2) Distance learning and telemedicine grants under section
2333 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 950aaa-2).
(3) Broadband loans and loan guarantees under title IV of
the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.).
(4) The community connect grant program established under
title III of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations, 2004
(Public Law 108-199; 118 Stat. 29).
(5) Solid waste management grants under section 310B(b) of
the Consolidated Farm and Rural Development Act (7 U.S.C.
1932(b)).
(6) A program or project carried out under the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.).
(7) Financial assistance for development, implementation,
or modification of a State energy conservation plan under
section 363 of the Energy Policy and Conservation Act (42
U.S.C. 6323).
(8) Grants for construction of health centers provided by
the Secretary of Health and Human Services.
(9) Grants for construction, renovation, or repair of non-
Federal research facilities provided by the Director of the
National Institutes of Health.
(10) The public transportation security assistance grant
program under section 1406 of the Implementing Recommendations
of the 9/11 Commission Act of 2007 (6 U.S.C. 1135).
(11) Assistance provided under the Public Housing Capital
Fund established under section 9(d) of the United States
Housing Act of 1937 (42 U.S.C. 1437g(d)).
(12) The community development block grant program under
title I of the Housing and Community Development Act of 1974
(42 U.S.C. 5301 et seq.).
(13) The Indian housing block grant program under section
101 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111).
(14) The rural water supply program under section 103 of
the Rural Water Supply Act of 2006 (43 U.S.C. 2402).
(15) The National Parks and Public Land Legacy Restoration
Fund established under chapter 2004 of title 54, United States
Code.
(16) The Western Area Power Administration borrowing
authority under title III of the Hoover Power Plant Act of 1984
(42 U.S.C. 16421a).
SEC. 3. FEDERAL-AID HIGHWAYS.
(a) In General.--Section 313(a) of title 23, United States Code, is
amended by striking ``and manufactured products'' and inserting
``manufactured products, and construction materials described in
subparagraphs (D) through (I) of section 2(c)(1) of the Made in America
Act of 2021''.
(b) No Effect on Iron or Steel.--Nothing in this section or an
amendment made by this section affects section 313 of title 23, United
States Code, or the implementation of that section by the Secretary of
Transportation with respect to iron or steel under chapter 1 of title
23, United States Code.
(c) Buy America.--Section 313(g) of title 23, United States Code,
is amended--
(1) by striking ``assistance under this chapter'' and
inserting ``assistance under this title''; and
(2) by inserting ``section 330 or'' after ``decision
under''.
(d) Repeal of National Waiver.--The Secretary of Transportation
shall rescind any finding made under section 313(b)(1) of title 23,
United States Code, for any manufactured product other than steel and
iron manufactured products promulgated in the final rule titled ``Buy
America Nationwide Waiver Notification for Commercially Available Off-
the-Shelf (COTS) Products With Steel or Iron Components and for Steel
Tie Wire Permanently Incorporated in Precast Concrete Products'', and
issued November 25, 1983 (48 Fed. Reg. 53099).
SEC. 4. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION.
Section 602(c)(1) of title 23, United States Code, is amended by
inserting ``and section 22905(a)'' after ``section 5333(a)''.
SEC. 5. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.
Section 502 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 822(h)(3)) is amended by adding at the end the
following:
``(n) Buy America.--
``(1) In general.--In awarding direct loans or loan
guarantees under this section, the Secretary shall require each
recipient to comply with section 22905(a) of title 49, United
States Code.
``(2) Specific compliance.--Notwithstanding paragraph (1),
the Secretary shall require the National Railroad Passenger
Corporation (Amtrak) to comply with section 24305(f) of title
49, United States Code.''.
SEC. 6. PUBLIC TRANSPORTATION.
Section 5323(j) of title 49, United States Code, is amended--
(1) in paragraph (1) by striking ``and manufactured goods''
and inserting ``manufactured products, and construction
materials described in subparagraphs (D) through (I) of section
2(c)(1) of the Made in America Act of 2021'';
(2) in paragraph (2)(B) by striking ``and goods'' and
inserting ``manufactured products, and construction
materials'';
(3) in paragraph (6)(A)(i) by striking ``or manufactured
goods'' and inserting ``manufactured products, or construction
materials''; and
(4) in paragraph (10) by striking ``or manufactured goods''
and inserting ``manufactured products, or construction
materials''.
SEC. 7. RAIL IMPROVEMENT GRANTS.
Section 22905(a) of title 49, United States Code, is amended--
(1) in paragraph (1) by striking ``manufactured goods'' and
inserting ``manufactured products, and construction materials
described in subparagraphs (D) through (I) of section 2(c)(1)
of the Made in America Act of 2021'';
(2) in paragraph (2)(B) by striking ``and goods'' and
inserting ``manufactured products, and construction
materials'';
(3) in paragraph (9) by striking ``or manufactured goods''
and inserting ``manufactured products, or construction
materials''; and
(4) by adding at the end the following:
``(12) The requirements of this subsection apply to all
contracts for a project carried out within the scope of the
applicable finding, determination, or decisions under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), regardless of the funding source for activities carried
out pursuant to such contracts, if at least 1 contract for the
project is funded with amounts made available to carry out a
provision specified in paragraph (1).''.
SEC. 8. CIVIL AVIATION FACILITY PROGRAMS.
(a) In General.--Section 50101 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``steel and manufactured goods''
and inserting ``steel, iron, manufactured products, and
construction materials described in subparagraphs (D)
through (I) of section 2(c)(1) of the Made in America
Act of 2021''; and
(B) by striking ``(except section 47127)''; and
(2) in subsection (b)--
(A) in paragraph (2) by striking ``steel and
goods'' and inserting ``steel, iron, manufactured
products, and construction materials''; and
(B) by striking ``(except section 47127)''.
(b) Conforming Amendments.--
(1) Restricting contract awards because of discrimination
against united states goods or services.--Section 50102 of
title 49, United States Code, is amended by striking ``(except
section 47127)''.
(2) Restriction on airport projects using products or
services of foreign countries denying fair market
opportunities.--Section 50104(b) of title 49, United States
Code, is amended by striking ``(except section 47127)''.
(3) Fraudulent use of ``made in america'' label.--Section
50105 of title 49, United States Code, is amended by striking
``(except section 47127)''.
SEC. 9. ARMY CORPS CONSTRUCTION AND REHABILITATION CONTRACTS FOR CIVIL
WORKS.
(a) In General.--With respect to all Corps of Engineers
construction and rehabilitation contracts to be awarded after the date
of enactment of this Act and any construction and rehabilitation
contract carried out by a non-Federal sponsor under section 204 of the
Water Resources Development Act of 1986 (33 U.S.C. 2232) or section
1043 of the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2201 note), the steel, iron, manufactured products, and
construction materials described in subparagraphs (D) through (I) of
section 2(c)(1) of the Made in America Act of 2021 furnished and
delivered under such contracts shall be manufactured or fabricated in
whole or substantial part in the United States.
(b) Conforming Amendment.--
(1) WRDA 1996.--Section 235 of the Water Resources
Development Act of 1996 (Public Law 104-303; 33 U.S.C. 2201
note) is repealed.
(2) WRDA 1999.--Section 222 of the Water Resources
Development Act of 1999 (Public Law 106-53; 33 U.S.C. 2201
note) is repealed.
SEC. 10. WATERSHED PILOT PROJECTS; ALTERNATIVE WATER SOURCE PROJECTS;
SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.
(a) Watershed Pilot Projects.--Section 122 of the Federal Water
Pollution Act (33 U.S.C. 1274) is amended by striking subsection (c)
and inserting the following:
``(c) Requirements.--The requirements of section 608 shall apply to
any construction, alteration, maintenance, or repair of treatment works
receiving a grant under this section.''.
(b) Pilot Program for Alternative Water Source Projects.--Section
220 of the Federal Water Pollution Control Act (33 U.S.C. 1300) is
amended by inserting before subsection (i) the following:
``(h) Requirements.--The requirements of section 608 shall apply to
any construction of an alternative water source project carried out
using assistance made available under this section.''.
(c) Sewer Overflow and Stormwater Reuse Municipal Grants.--Section
221(e) of the Federal Water Pollution Control Act (13 U.S.C. 1301(e))
is amended by striking ``section 513'' and inserting ``section 513, or
the requirements of section 608,''.
(d) Grants for Construction of Treatment Works.--Section 215 of the
Federal Water Pollution Control Act (33 U.S.C. 1295) is amended--
(1) by striking ``Notwithstanding any other'' and inserting
the following:
``(a) In General.--Except as provided under subsection (b) and
notwithstanding any other''; and
(2) by adding at the end the following:
``(b) Requirements for Certain Projects.--Projects carried out
under section 122, 220, and 221 shall be subject to the material
requirements under section 608.''.
SEC. 11. CLEAN WATER STATE REVOLVING FUND.
Section 608 of the Federal Water Pollution Control Act (33 U.S.C.
1388) is amended--
(1) in subsection (a) by inserting ``, manufactured
products, and construction materials described in subparagraphs
(D) through (I) of section 2(c)(1) of the Made in America Act
of 2021'' after ``iron and steel products''; and
(2) in subsection (c)--
(A) in paragraph (2) by inserting ``, manufactured
products, and construction materials'' after ``iron and
steel products''; and
(B) in paragraph (3) by inserting ``, manufactured
products, and construction materials'' after ``iron and
steel products''.
SEC. 12. WATER INFRASTRUCTURE FINANCE AND INNOVATION.
Section 5035 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 3914) is amended--
(1) in subsection (a) by inserting ``, manufactured
products, and construction materials described in subparagraphs
(D) through (I) of section 2(c)(1) of the Made in America Act
of 2021'' after ``iron and steel products'' and
(2) in subsection (c)--
(A) in paragraph (2) by inserting ``, manufactured
products, and construction materials'' after ``iron and
steel products''; and
(B) in paragraph (3) by inserting ``, manufactured
products, and construction materials'' after ``iron and
steel products''.
SEC. 13. DRINKING WATER STATE REVOLVING FUND.
Section 1452(a)(4) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(a)) is amended--
(1) in subparagraph (A)--
(A) by striking ``During fiscal years 2019 through
2023, funds'' and inserting ``Funds''; and
(B) by inserting ``, manufactured products, and
construction materials described in subparagraphs (D)
through (I) of section 2(c)(1) of the Made in America
Act of 2021'' after ``iron and steel products''; and
(2) in subparagraph (C) by inserting ``, manufactured
products, and construction materials'' after ``iron and steel
products'' each place such phrase occurs.
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