[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2865 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2865

     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

                              May 16, 2018

  Ms. Baldwin (for herself, Ms. Smith, Mr. Sanders, Mr. Merkley, Mr. 
Murphy, Mr. Blumenthal, and Mr. Durbin) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        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 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 2018''.

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) 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) State water pollution control revolving funds 
        established under title VI of the Federal Water Pollution 
        Control Act (33 U.S.C. 1381 et seq.).
            (9) State drinking water treatment revolving loan funds 
        established under section 1452 of the Safe Drinking Water Act 
        (42 U.S.C. 300j-12).
            (10) Grants for construction of health centers provided by 
        the Secretary of Health and Human Services.
            (11) Grants for construction, renovation, or repair of non-
        Federal research facilities provided by the Director of the 
        National Institutes of Health.
            (12) 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).
            (13) 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)).
            (14) 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.).
            (15) 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).
            (16) The rural water supply program under section 103 of 
        the Rural Water Supply Act of 2006 (43 U.S.C. 2402).
    (e) Requirement for Construction Materials in Certain Department of 
Transportation Programs.--
            (1) 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 2018''.
            (2) No effect on iron or steel.--Nothing in this subsection 
        or an amendment made by this subsection 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.
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