Made in America Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1094 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 SENATE OF THE UNITED STATES APRIL 13, 2021 Ms. BALDWIN (for herself and Mr. BRAUN) introduced the following bill; which was read twice and referred to the Committee on Homeland Secu- rity and Governmental Affairs 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Made in America Act 4 of 2021’’. 5 SEC. 2. AMERICAN-MADE INFRASTRUCTURE. 6 (a) DEFINITIONS.—In this section: 7 (1) PRODUCED IN THE UNITED STATES.—The 8 term ‘‘produced in the United States’’ means— 9 VerDate Sep 11 2014 01:12 May 07, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1094 IS (A) in the case of iron or steel products, 1 that all manufacturing processes for the iron or 2 steel product, from the initial melting stage 3 through the application of coatings, occurred in 4 the United States; 5 (B) in the case of manufactured products, 6 that— 7 (i) the manufactured product was 8 manufactured in the United States; and 9 (ii) the cost of the components of the 10 manufactured product that are mined, pro- 11 duced, or manufactured in the United 12 States is greater than 50 percent of the 13 total cost of all components of the manu- 14 factured product; and 15 (C) in the case of construction materials 16 described in subparagraphs (D) through (I) of 17 subsection (c)(1), that all manufacturing proc- 18 esses for the construction material occurred in 19 the United States. 20 (2) SECRETARY.—The term ‘‘Secretary’’ means 21 the Secretary of Commerce. 22 (b) UNIFORM STANDARDS.— 23 (1) IN GENERAL.—Not later than 180 days 24 after the date of enactment of this Act, the Sec- 25 VerDate Sep 11 2014 01:12 May 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1094 IS retary shall issue uniform standards that define the 1 term ‘‘all manufacturing processes’’ for the purposes 2 of this Act— 3 (A) in the case of iron and steel, in a man- 4 ner consistent with section 635.410(b)(1)(ii) of 5 title 23, Code of Federal Regulations (as in ef- 6 fect on the date of enactment of this Act); and 7 (B) in the case of construction materials 8 described in subparagraphs (D) through (I) of 9 subsection (c)(1), in accordance with paragraph 10 (2). 11 (2) CONSIDERATIONS.—In issuing uniform 12 standards under paragraph (1)(B), the Secretary 13 shall— 14 (A) ensure that the uniform standards re- 15 quire that each manufacturing process required 16 for the manufacture of the construction mate- 17 rial and the inputs of the construction material 18 occurs in the United States, without regard to 19 the origin of raw material inputs; and 20 (B) take into consideration and seek to 21 maximize the direct and indirect jobs benefited 22 or created in the production of the construction 23 material. 24 VerDate Sep 11 2014 01:12 May 07, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1094 IS (3) APPLICATION.—In carrying out a program 1 described in subsection (d), the head of each Federal 2 department or agency that administers a program 3 described in subsection (d) shall— 4 (A) implement this Act; and 5 (B) adopt the uniform standards issued by 6 the Secretary under paragraph (1) for purposes 7 of implementing this Act. 8 (c) REQUIREMENT.— 9 (1) IN GENERAL.—Notwithstanding any other 10 provision of law, none of the funds made available 11 to carry out a program described in subsection (d) 12 may be used for a project under that program unless 13 all of the following materials used in the project are 14 produced in the United States: 15 (A) Steel. 16 (B) Iron. 17 (C) Manufactured products. 18 (D) Non-ferrous metals. 19 (E) Plastic and polymer-based products 20 (including polyvinylchloride, composite building 21 materials, and polymers used in fiber optic ca- 22 bles). 23 (F) Concrete and other aggregates. 24 (G) Glass (including optic glass). 25 VerDate Sep 11 2014 01:12 May 07, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1094 IS (H) Lumber. 1 (I) Drywall. 2 (2) EXCEPTION.—Paragraph (1) shall not 3 apply in any case in which the head of the Federal 4 department or agency with authority to carry out 5 the applicable program determines that— 6 (A) applying paragraph (1) would be in- 7 consistent with the public interest; 8 (B) the relevant material is not produced 9 in the United States in sufficient and reason- 10 ably available quantities and of a satisfactory 11 quality; or 12 (C) inclusion of the relevant material pro- 13 duced in the United States will increase the 14 cost of the overall project by more than 25 per- 15 cent. 16 (3) WAIVER.—If the head of the Federal de- 17 partment or agency with authority to carry out the 18 applicable program makes a finding under para- 19 graph (2) to waive paragraph (1), the head of the 20 Federal department or agency shall, before the date 21 on which the waiver takes effect— 22 (A) publish in the Federal Register a de- 23 tailed written justification that provides the rea- 24 sons that the waiver is needed; and 25 VerDate Sep 11 2014 01:12 May 07, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1094 IS (B) provide an opportunity for public com- 1 ment on the proposed waiver for a period of not 2 more than 60 days. 3 (4) APPLICATION.—This subsection shall be ap- 4 plied in a manner consistent with United States obli- 5 gations under international agreements. 6 (d) PROGRAMS DESCRIBED.—The programs referred 7 to in subsection (c)(1) are each of the following: 8 (1) Direct and guaranteed loans and grants 9 under section 306(a) of the Consolidated Farm and 10 Rural Development Act (7 U.S.C. 1926(a)). 11 (2) Distance learning and telemedicine grants 12 under section 2333 of the Food, Agriculture, Con- 13 servation, and Trade Act of 1990 (7 U.S.C. 950aaa– 14 2). 15 (3) Broadband loans and loan guarantees under 16 title IV of the Rural Electrification Act of 1936 (7 17 U.S.C. 950bb et seq.). 18 (4) The community connect grant program es- 19 tablished under title III of the Agriculture, Rural 20 Development, Food and Drug Administration, and 21 Related Agencies Appropriations, 2004 (Public Law 22 108–199; 118 Stat. 29). 23 VerDate Sep 11 2014 01:12 May 07, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 1094 IS (5) Solid waste management grants under sec- 1 tion 310B(b) of the Consolidated Farm and Rural 2 Development Act (7 U.S.C. 1932(b)). 3 (6) A program or project carried out under the 4 Public Works and Economic Development Act of 5 1965 (42 U.S.C. 3121 et seq.). 6 (7) Financial assistance for development, imple- 7 mentation, or modification of a State energy con- 8 servation plan under section 363 of the Energy Pol- 9 icy and Conservation Act (42 U.S.C. 6323). 10 (8) Grants for construction of health centers 11 provided by the Secretary of Health and Human 12 Services. 13 (9) Grants for construction, renovation, or re- 14 pair of non-Federal research facilities provided by 15 the Director of the National Institutes of Health. 16 (10) The public transportation security assist- 17 ance grant program under section 1406 of the Im- 18 plementing Recommendations of the 9/11 Commis- 19 sion Act of 2007 (6 U.S.C. 1135). 20 (11) Assistance provided under the Public 21 Housing Capital Fund established under section 22 9(d) of the United States Housing Act of 1937 (42 23 U.S.C. 1437g(d)). 24 VerDate Sep 11 2014 01:12 May 07, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 1094 IS (12) The community development block grant 1 program under title I of the Housing and Commu- 2 nity Development Act of 1974 (42 U.S.C. 5301 et 3 seq.). 4 (13) The Indian housing block grant program 5 under section 101 of the Native American Housing 6 Assistance and Self-Determination Act of 1996 (25 7 U.S.C. 4111). 8 (14) The rural water supply program under 9 section 103 of the Rural Water Supply Act of 2006 10 (43 U.S.C. 2402). 11 (15) The National Parks and Public Land Leg- 12 acy Restoration Fund established under chapter 13 2004 of title 54, United States Code. 14 (16) The Western Area Power Administration 15 borrowing authority under title III of the Hoover 16 Power Plant Act of 1984 (42 U.S.C. 16421a). 17 SEC. 3. FEDERAL-AID HIGHWAYS. 18 (a) IN GENERAL.—Section 313(a) of title 23, United 19 States Code, is amended by striking ‘‘and manufactured 20 products’’ and inserting ‘‘manufactured products, and 21 construction materials described in subparagraphs (D) 22 through (I) of section 2(c)(1) of the Made in America Act 23 of 2021’’. 24 VerDate Sep 11 2014 01:12 May 07, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 1094 IS (b) NO EFFECT ON IRON OR STEEL.—Nothing in 1 this section or an amendment made by this section affects 2 section 313 of title 23, United States Code, or the imple- 3 mentation of that section by the Secretary of Transpor- 4 tation with respect to iron or steel under chapter 1 of title 5 23, United States Code. 6 (c) BUY AMERICA.—Section 313(g) of title 23, 7 United States Code, is amended— 8 (1) by striking ‘‘assistance under this chapter’’ 9 and inserting ‘‘assistance under this title’’; and 10 (2) by inserting ‘‘section 330 or’’ after ‘‘deci- 11 sion under’’. 12 (d) REPEAL OF NATIONAL WAIVER.—The Secretary 13 of Transportation shall rescind any finding made under 14 section 313(b)(1) of title 23, United States Code, for any 15 manufactured product other than steel and iron manufac- 16 tured products in the final rule entitled ‘‘Buy America Re- 17 quirements’’ (48 Fed. Reg. 53099 (November 25, 1983)). 18 SEC. 4. TRANSPORTATION INFRASTRUCTURE FINANCE AND 19 INNOVATION. 20 Section 602(c)(1) of title 23, United States Code, is 21 amended by inserting ‘‘and section 22905(a)’’ after ‘‘sec- 22 tion 5333(a)’’. 23 VerDate Sep 11 2014 01:12 May 07, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 1094 IS SEC. 5. RAILROAD REHABILITATION AND IMPROVEMENT 1 FINANCING. 2 Section 502 of the Railroad Revitalization and Regu- 3 latory Reform Act of 1976 (45 U.S.C. 822(h)(3)) is 4 amended by adding at the end the following: 5 ‘‘(n) BUY AMERICA.— 6 ‘‘(1) IN GENERAL.—In awarding direct loans or 7 loan guarantees under this section, the Secretary 8 shall require each recipient to comply with section 9 22905(a) of title 49, United States Code. 10 ‘‘(2) SPECIFIC COMPLIANCE.—Notwithstanding 11 paragraph (1), the Secretary shall require the Na- 12 tional Railroad Passenger Corporation (Amtrak) to 13 comply with section 24305(f) of title 49, United 14 States Code.’’. 15 SEC. 6. PUBLIC TRANSPORTATION. 16 Section 5323(j) of title 49, United States Code, is 17 amended— 18 (1) in paragraph (1) by striking ‘‘and manufac- 19 tured goods’’ and inserting ‘‘manufactured products, 20 and construction materials described in subpara- 21 graphs (D) through (I) of section 2(c)(1) of the 22 Made in America Act of 2021’’; 23 (2) in paragraph (2)(B) by striking ‘‘and 24 goods’’ and inserting ‘‘manufactured products, and 25 construction materials’’; 26 VerDate Sep 11 2014 01:12 May 07, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 1094 IS (3) in paragraph (6)(A)(i) by striking ‘‘or man- 1 ufactured goods’’ and inserting ‘‘manufactured prod- 2 ucts, or construction materials’’; and 3 (4) in paragraph (10) by striking ‘‘or manufac- 4 tured goods’’ and inserting ‘‘manufactured products, 5 or construction materials’’. 6 SEC. 7. RAIL IMPROVEMENT GRANTS. 7 Section 22905(a) of title 49, United States Code, is 8 amended— 9 (1) in paragraph (1) by striking ‘‘manufactured 10 goods’’ and inserting ‘‘manufactured products, and 11 construction materials described in subparagraphs 12 (D) through (I) of section 2(c)(1) of the Made in 13 America Act of 2021’’; 14 (2) in paragraph (2)(B) by striking ‘‘and 15 goods’’ and inserting ‘‘manufactured products, and 16 construction materials’’; 17 (3) in paragraph (9) by striking ‘‘or manufac- 18 tured goods’’ and inserting ‘‘manufactured products, 19 or construction materials’’; and 20 (4) by adding at the end the following: 21 ‘‘(12) The requirements of this subsection apply 22 to all contracts for a project carried out within the 23 scope of the applicable finding, determination, or de- 24 cisions under the National Environmental Policy Act 25 VerDate Sep 11 2014 01:12 May 07, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 1094 IS of 1969 (42 U.S.C. 4321 et seq.), regardless of the 1 funding source for activities carried out pursuant to 2 such contracts, if at least 1 contract for the project 3 is funded with amounts made available to carry out 4 a provision specified in paragraph (1).’’. 5 SEC. 8. CIVIL AVIATION FACILITY PROGRAMS. 6 (a) IN GENERAL.—Section 50101 of title 49, United 7 States Code, is amended— 8 (1) in subsection (a)— 9 (A) by striking ‘‘steel and manufactured 10 goods’’ and inserting ‘‘steel, iron, manufactured 11 products, and construction materials described 12 in subparagraphs (D) through (I) of section 13 2(c)(1) of the Made in America Act of 2021’’; 14 and 15 (B) by striking ‘‘(except section 47127)’’; 16 and 17 (2) in subsection (b)— 18 (A) in paragraph (2) by striking ‘‘steel and 19 goods’’ and inserting ‘‘steel, iron, manufactured 20 products, and construction materials’’; and 21 (B) by striking ‘‘(except section 47127)’’. 22 (b) CONFORMING AMENDMENTS.— 23 (1) RESTRICTING CONTRACT AWARDS BECAUSE 24 OF DISCRIMINATION AGAINST UNITED STATES 25 VerDate Sep 11 2014 01:12 May 07, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 1094 IS GOODS OR SERVICES.—Section 50102 of title 49, 1 United States Code, is amended by striking ‘‘(except 2 section 47127)’’. 3 (2) RE [Text truncated for display. 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