Made in America Act of 2021

I 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 Com- mittee on Transportation and Infrastructure, and in addition to the Com- mittees on Agriculture, Energy and Commerce, Financial Services, Home- land Security, and Natural Resources, for a period to be subsequently de- termined 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 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 VerDate Sep 11 2014 23:35 May 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2468.IH H2468 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2468 IH (1) PRODUCED IN THE UNITED STATES.—The 1 term ‘‘produced in the United States’’ means— 2 (A) in the case of iron or steel products, 3 that all manufacturing processes for the iron or 4 steel product, from the initial melting stage 5 through the application of coatings, occurred in 6 the United States; 7 (B) in the case of manufactured products, 8 that— 9 (i) the manufactured product was 10 manufactured in the United States; and 11 (ii) the cost of the components of the 12 manufactured product that are mined, pro- 13 duced, or manufactured in the United 14 States is greater than 50 percent of the 15 total cost of all components of the manu- 16 factured product; and 17 (C) in the case of construction materials 18 described in subparagraphs (D) through (I) of 19 subsection (c)(1), that all manufacturing proc- 20 esses for the construction material occurred in 21 the United States. 22 (2) SECRETARY.—The term ‘‘Secretary’’ means 23 the Secretary of Commerce. 24 (b) UNIFORM STANDARDS.— 25 VerDate Sep 11 2014 23:35 May 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2468.IH H2468 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2468 IH (1) IN GENERAL.—Not later than 180 days 1 after the date of enactment of this Act, the Sec- 2 retary shall issue uniform standards that define the 3 term ‘‘all manufacturing processes’’ for the purposes 4 of this Act— 5 (A) in the case of iron and steel, in a man- 6 ner consistent with section 635.410(b)(1)(ii) of 7 title 23, Code of Federal Regulations (as in ef- 8 fect on the date of enactment of this Act); and 9 (B) in the case of construction materials 10 described in subparagraphs (D) through (I) of 11 subsection (c)(1), in accordance with paragraph 12 (2). 13 (2) CONSIDERATIONS.—In issuing uniform 14 standards under paragraph (1)(B), the Secretary 15 shall— 16 (A) ensure that the uniform standards re- 17 quire that each manufacturing process required 18 for the manufacture of the construction mate- 19 rial and the inputs of the construction material 20 occurs in the United States, without regard to 21 the origin of raw material inputs; and 22 (B) take into consideration and seek to 23 maximize the direct and indirect jobs benefited 24 VerDate Sep 11 2014 23:35 May 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2468.IH H2468 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2468 IH or created in the production of the construction 1 material. 2 (3) APPLICATION.—In carrying out a program 3 described in subsection (d), the head of each Federal 4 department or agency that administers a program 5 described in subsection (d) shall— 6 (A) implement this Act; and 7 (B) adopt the uniform standards issued by 8 the Secretary under paragraph (1) for purposes 9 of implementing this Act. 10 (c) REQUIREMENT.— 11 (1) IN GENERAL.—Notwithstanding any other 12 provision of law, none of the funds made available 13 to carry out a program described in subsection (d) 14 may be used for a project under that program unless 15 all of the following materials used in the project are 16 produced in the United States: 17 (A) Steel. 18 (B) Iron. 19 (C) Manufactured products. 20 (D) Non-ferrous metals. 21 (E) Plastic and polymer-based products 22 (including polyvinylchloride, composite building 23 materials, and polymers used in fiber optic ca- 24 bles). 25 VerDate Sep 11 2014 23:35 May 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2468.IH H2468 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2468 IH (F) Concrete and other aggregates. 1 (G) Glass (including optic glass). 2 (H) Lumber. 3 (I) Drywall. 4 (2) EXCEPTION.—Paragraph (1) shall not 5 apply in any case in which the head of the Federal 6 department or agency with authority to carry out 7 the applicable program determines that— 8 (A) applying paragraph (1) would be in- 9 consistent with the public interest; 10 (B) the relevant material is not produced 11 in the United States in sufficient and reason- 12 ably available quantities and of a satisfactory 13 quality; or 14 (C) inclusion of the relevant material pro- 15 duced in the United States will increase the 16 cost of the overall project by more than 25 per- 17 cent. 18 (3) WAIVER.—If the head of the Federal de- 19 partment or agency with authority to carry out the 20 applicable program makes a finding under para- 21 graph (2) to waive paragraph (1), the head of the 22 Federal department or agency shall, before the date 23 on which the waiver takes effect— 24 VerDate Sep 11 2014 23:35 May 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2468.IH H2468 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2468 IH (A) publish in the Federal Register a de- 1 tailed written justification that provides the rea- 2 sons that the waiver is needed; and 3 (B) provide an opportunity for public com- 4 ment on the proposed waiver for a period of not 5 more than 60 days. 6 (4) APPLICATION.—This subsection shall be ap- 7 plied in a manner consistent with United States obli- 8 gations under international agreements. 9 (d) PROGRAMS DESCRIBED.—The programs referred 10 to in subsection (c)(1) are each of the following: 11 (1) Direct and guaranteed loans and grants 12 under section 306(a) of the Consolidated Farm and 13 Rural Development Act (7 U.S.C. 1926(a)). 14 (2) Distance learning and telemedicine grants 15 under section 2333 of the Food, Agriculture, Con- 16 servation, and Trade Act of 1990 (7 U.S.C. 950aaa– 17 2). 18 (3) Broadband loans and loan guarantees under 19 title IV of the Rural Electrification Act of 1936 (7 20 U.S.C. 950bb et seq.). 21 (4) The community connect grant program es- 22 tablished under title III of the Agriculture, Rural 23 Development, Food and Drug Administration, and 24 VerDate Sep 11 2014 23:35 May 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2468.IH H2468 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2468 IH Related Agencies Appropriations, 2004 (Public Law 1 108–199; 118 Stat. 29). 2 (5) Solid waste management grants under sec- 3 tion 310B(b) of the Consolidated Farm and Rural 4 Development Act (7 U.S.C. 1932(b)). 5 (6) A program or project carried out under the 6 Public Works and Economic Development Act of 7 1965 (42 U.S.C. 3121 et seq.). 8 (7) Financial assistance for development, imple- 9 mentation, or modification of a State energy con- 10 servation plan under section 363 of the Energy Pol- 11 icy and Conservation Act (42 U.S.C. 6323). 12 (8) Grants for construction of health centers 13 provided by the Secretary of Health and Human 14 Services. 15 (9) Grants for construction, renovation, or re- 16 pair of non-Federal research facilities provided by 17 the Director of the National Institutes of Health. 18 (10) The public transportation security assist- 19 ance grant program under section 1406 of the Im- 20 plementing Recommendations of the 9/11 Commis- 21 sion Act of 2007 (6 U.S.C. 1135). 22 (11) Assistance provided under the Public 23 Housing Capital Fund established under section 24 VerDate Sep 11 2014 23:35 May 27, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2468.IH H2468 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2468 IH 9(d) of the United States Housing Act of 1937 (42 1 U.S.C. 1437g(d)). 2 (12) The community development block grant 3 program under title I of the Housing and Commu- 4 nity Development Act of 1974 (42 U.S.C. 5301 et 5 seq.). 6 (13) The Indian housing block grant program 7 under section 101 of the Native American Housing 8 Assistance and Self-Determination Act of 1996 (25 9 U.S.C. 4111). 10 (14) The rural water supply program under 11 section 103 of the Rural Water Supply Act of 2006 12 (43 U.S.C. 2402). 13 (15) The National Parks and Public Land Leg- 14 acy Restoration Fund established under chapter 15 2004 of title 54, United States Code. 16 (16) The Western Area Power Administration 17 borrowing authority under title III of the Hoover 18 Power Plant Act of 1984 (42 U.S.C. 16421a). 19 SEC. 3. FEDERAL-AID HIGHWAYS. 20 (a) IN GENERAL.—Section 313(a) of title 23, United 21 States Code, is amended by striking ‘‘and manufactured 22 products’’ and inserting ‘‘manufactured products, and 23 construction materials described in subparagraphs (D) 24 VerDate Sep 11 2014 23:35 May 27, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2468.IH H2468 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2468 IH through (I) of section 2(c)(1) of the Made in America Act 1 of 2021’’. 2 (b) NO EFFECT ON IRON OR STEEL.—Nothing in 3 this section or an amendment made by this section affects 4 section 313 of title 23, United States Code, or the imple- 5 mentation of that section by the Secretary of Transpor- 6 tation with respect to iron or steel under chapter 1 of title 7 23, United States Code. 8 (c) BUY AMERICA.—Section 313(g) of title 23, 9 United States Code, is amended— 10 (1) by striking ‘‘assistance under this chapter’’ 11 and inserting ‘‘assistance under this title’’; and 12 (2) by inserting ‘‘section 330 or’’ after ‘‘deci- 13 sion under’’. 14 (d) REPEAL OF NATIONAL WAIVER.—The Secretary 15 of Transportation shall rescind any finding made under 16 section 313(b)(1) of title 23, United States Code, for any 17 manufactured product other than steel and iron manufac- 18 tured products promulgated in the final rule titled ‘‘Buy 19 America Nationwide Waiver Notification for Commercially 20 Available Off-the-Shelf (COTS) Products With Steel or 21 Iron Components and for Steel Tie Wire Permanently In- 22 corporated in Precast Concrete Products’’, and issued No- 23 vember 25, 1983 (48 Fed. Reg. 53099). 24 VerDate Sep 11 2014 23:35 May 27, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2468.IH H2468 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2468 IH SEC. 4. TRANSPORTATION INFRASTRUCTURE FINANCE AND 1 INNOVATION. 2 Section 602(c)(1) of title 23, United States Code, is 3 amended by inserting ‘‘and section 22905(a)’’ after ‘‘sec- 4 tion 5333(a)’’. 5 SEC. 5. RAILROAD REHABILITATION AND IMPROVEMENT 6 FINANCING. 7 Section 502 of the Railroad Revitalization and Regu- 8 latory Reform Act of 1976 (45 U.S.C. 822(h)(3)) is 9 amended by adding at the end the following: 10 ‘‘(n) BUY AMERICA.— 11 ‘‘(1) IN GENERAL.—In awarding direct loans or 12 loan guarantees under this section, the Secretary 13 shall require each recipient to comply with section 14 22905(a) of title 49, United States Code. 15 ‘‘(2) SPECIFIC COMPLIANCE.—Notwithstanding 16 paragraph (1), the Secretary shall require the Na- 17 tional Railroad Passenger Corporation (Amtrak) to 18 comply with section 24305(f) of title 49, United 19 States Code.’’. 20 SEC. 6. PUBLIC TRANSPORTATION. 21 Section 5323(j) of title 49, United States Code, is 22 amended— 23 (1) in paragraph (1) by striking ‘‘and manufac- 24 tured goods’’ and inserting ‘‘manufactured products, 25 and construction materials described in subpara- 26 VerDate Sep 11 2014 23:35 May 27, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2468.IH H2468 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 2468 IH graphs (D) through (I) of section 2(c)(1) of the 1 Made in America Act of 2021’’; 2 (2) in paragraph (2)(B) by striking ‘‘and 3 goods’’ and inserting ‘‘manufactured products, and 4 construction materials’’; 5 (3) in paragraph (6)(A)(i) by striking ‘‘or man- 6 ufactured goods’’ and inserting ‘‘manufactured prod- 7 ucts, or construction materials’’; and 8 (4) in paragraph (10) by striking ‘‘or manufac- 9 tured goods’’ and inserting ‘‘manufactured products, 10 or construction materials’’. 11 SEC. 7. RAIL IMPROVEMENT GRANTS. 12 Section 22905(a) of title 49, United States Code, is 13 amended— 14 (1) in paragraph (1) by striking ‘‘manufactured 15 goods’’ and inserting ‘‘manufactured products, and 16 construction materials described in subparagraphs 17 (D) through (I) of section 2(c)(1) of the Made in 18 America Act of 2021’’; 19 (2) in paragraph (2)(B) by striking ‘‘and 20 goods’’ and inserting ‘‘manufactured products, and 21 construction materials’’; 22 (3) in paragraph (9) by striking ‘‘or manufac- 23 tured goods’’ and inserting ‘‘manufactured products, 24 or construction materials’’; and 25 VerDate Sep 11 2014 23:35 May 27, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2468.IH H2468 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 2468 IH (4) by adding at the end the following: 1 ‘‘(12) The requirements of this subsection apply 2 to all contracts for a project carried out within the 3 scope of the applicable finding, determination, or de- 4 cisions under the National Environmental Policy Act 5 of 1969 (42 U.S.C. 4321 et seq.), regardless of the 6 funding source for activities carried out pursuant to 7 such contracts, if at least 1 contract for the project 8 is funded with amounts made available to carry out 9 a provision specified in paragraph (1).’’. 10 SEC. 8. CIVIL AVIATION FACILITY PROGRAMS. 11 (a) IN GENERAL.—Section 50101 of title 49, United 12 States Code, is amended— 13 (1) in subsection (a)— 14 (A) by striking ‘‘steel and manufactured 15 goods’’ and inserting ‘‘steel, iron, manufactured 16 products, and construction materials described 17 in subparagraphs (D) through (I) of section 18 2(c)(1) of the Made in America Act of 2021’’; 19 and 20 (B) by striking ‘‘(except section 47127)’’; 21 and 22 (2) in subsection (b)— 23 [Text truncated for display. Full text available on Congress.gov.]