[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3459 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3459
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
June 25, 2019
Mr. Garamendi (for himself, Mr. Rouda, Mrs. Bustos, Mr. Sires, Ms.
Kaptur, Mr. Pocan, Mr. McGovern, Mrs. Axne, Mr. Cisneros, and Ms.
Finkenauer) 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 2019''.
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) 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 2019''.
(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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