[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1094 Introduced in Senate (IS)]

<DOC>






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 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 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 in the final rule entitled ``Buy America 
Requirements'' (48 Fed. Reg. 53099 (November 25, 1983)).

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)(1) 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 interest 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; Public Law 113-121), the steel, iron, manufactured 
products, and construction materials described in subparagraphs (D) 
through (I) of section 2(c)(1) furnished and delivered under such 
contracts shall be manufactured or fabricated in whole or substantial 
part in the United States.
    (b) Conforming Amendments.--
            (1) WRDA 1996.--Section 235 of the Water Resources 
        Development Act of 1996 (33 U.S.C. 2201 note; Public Law 104-
        303) is repealed.
            (2) WRDA 1999.--Section 222 of the Water Resources 
        Development Act of 1999 (33 U.S.C. 2201 note; Public Law 104-
        303) 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 under 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 adding at the end the following:
    ``(k) Requirements.--The requirements under 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 under 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) in the first sentence, 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 sections 122, 220, and 221 shall be subject to the 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.
                                 <all>