I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Made in America Act 

5 of 2019’’. 

6 SEC. 2. AMERICAN-MADE INFRASTRUCTURE. 

7 (a) DEFINITIONS.—In this section: 


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1 (1) PRODUCED IN THE UNITED STATES.—The 

2 term ‘‘produced in the United States’’ means— 

3 (A) in the case of iron or steel products, 

4 that all manufacturing processes for the iron or 

5 steel product, from the initial melting stage 

6 through the application of coatings, occurred in 

7 the United States; 

8 (B) in the case of manufactured products, 

9 that— 

10 (i) the manufactured product was 

11 manufactured in the United States; and 

12 (ii) the cost of the components of the 

13 manufactured product that are mined, pro14 duced, or manufactured in the United 

15 States is greater than 50 percent of the 

16 total cost of all components of the manu17 factured product; and 

18 (C) in the case of construction materials 

19 described in subparagraphs (D) through (I) of 

20 subsection (c)(1), that all manufacturing proc21 esses for the construction material occurred in 

22 the United States. 

23 (2) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Commerce. 

25 (b) UNIFORM STANDARDS.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary shall issue uniform standards that define the 

4 term ‘‘all manufacturing processes’’ for the purposes 

5 of this Act— 

6 (A) in the case of iron and steel, in a man7 ner consistent with section 635.410(b)(1)(ii) of 

8 title 23, Code of Federal Regulations (as in ef9 fect on the date of enactment of this Act); and 

10 (B) in the case of construction materials 

11 described in subparagraphs (D) through (I) of 

12 subsection (c)(1), in accordance with paragraph 

13 (2). 

14 (2) CONSIDERATIONS.—In issuing uniform 

15 standards under paragraph (1)(B), the Secretary 

16 shall— 

17 (A) ensure that the uniform standards re18 quire that each manufacturing process required 

19 for the manufacture of the construction mate20 rial and the inputs of the construction material 

21 occurs in the United States, without regard to 

22 the origin of raw material inputs; and 

23 (B) take into consideration and seek to 

24 maximize the direct and indirect jobs benefited 


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1 or created in the production of the construction 

2 material. 

3 (3) APPLICATION.—In carrying out a program 

4 described in subsection (d), the head of each Federal 

5 department or agency that administers a program 

6 described in subsection (d) shall— 

7 (A) implement this Act; and 

8 (B) adopt the uniform standards issued by 

9 the Secretary under paragraph (1) for purposes 

10 of implementing this Act. 

11 (c) REQUIREMENT.— 

12 (1) IN GENERAL.—Notwithstanding any other 

13 provision of law, none of the funds made available 

14 to carry out a program described in subsection (d) 

15 may be used for a project under that program unless 

16 all of the following materials used in the project are 

17 produced in the United States: 

18 (A) Steel. 

19 (B) Iron. 

20 (C) Manufactured products. 

21 (D) Non-ferrous metals. 

22 (E) Plastic and polymer-based products 

23 (including polyvinylchloride, composite building 

24 materials, and polymers used in fiber optic ca25 bles). 


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1 (F) Concrete and other aggregates. 

2 (G) Glass (including optic glass). 

3 (H) Lumber. 

4 (I) Drywall. 

5 (2) EXCEPTION.—Paragraph (1) shall not 

6 apply in any case in which the head of the Federal 

7 department or agency with authority to carry out 

8 the applicable program determines that— 

9 (A) applying paragraph (1) would be in10 consistent with the public interest; 

11 (B) the relevant material is not produced 

12 in the United States in sufficient and reason13 ably available quantities and of a satisfactory 

14 quality; or 

15 (C) inclusion of the relevant material pro16 duced in the United States will increase the 

17 cost of the overall project by more than 25 per18 cent. 

19 (3) WAIVER.—If the head of the Federal de20 partment or agency with authority to carry out the 

21 applicable program makes a finding under para22 graph (2) to waive paragraph (1), the head of the 

23 Federal department or agency shall, before the date 

24 on which the waiver takes effect— 


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1 (A) publish in the Federal Register a de2 tailed written justification that provides the rea3 sons that the waiver is needed; and 

4 (B) provide an opportunity for public com5 ment on the proposed waiver for a period of not 

6 more than 60 days. 

7 (4) APPLICATION.—This subsection shall be ap8 plied in a manner consistent with United States obli9 gations under international agreements. 

10 (d) PROGRAMS DESCRIBED.—The programs referred 

11 to in subsection (c)(1) are each of the following: 

12 (1) Direct and guaranteed loans and grants 

13 under section 306(a) of the Consolidated Farm and 

14 Rural Development Act (7 U.S.C. 1926(a)). 

15 (2) Distance learning and telemedicine grants 

16 under section 2333 of the Food, Agriculture, Con17 servation, and Trade Act of 1990 (7 U.S.C. 950aaa– 

18 2). 

19 (3) Broadband loans and loan guarantees under 

20 title IV of the Rural Electrification Act of 1936 (7 

21 U.S.C. 950bb et seq.). 

22 (4) The community connect grant program es23 tablished under title III of the Agriculture, Rural 

24 Development, Food and Drug Administration, and 


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1 Related Agencies Appropriations, 2004 (Public Law 

2 108–199; 118 Stat. 29). 

3 (5) Solid waste management grants under sec4 tion 310B(b) of the Consolidated Farm and Rural 

5 Development Act (7 U.S.C. 1932(b)). 

6 (6) A program or project carried out under the 

7 Public Works and Economic Development Act of 

8 1965 (42 U.S.C. 3121 et seq.). 

9 (7) Financial assistance for development, imple10 mentation, or modification of a State energy con11 servation plan under section 363 of the Energy Pol12 icy and Conservation Act (42 U.S.C. 6323). 

13 (8) State water pollution control revolving 

14 funds established under title VI of the Federal 

15 Water Pollution Control Act (33 U.S.C. 1381 et 

16 seq.). 

17 (9) State drinking water treatment revolving 

18 loan funds established under section 1452 of the 

19 Safe Drinking Water Act (42 U.S.C. 300j–12). 

20 (10) Grants for construction of health centers 

21 provided by the Secretary of Health and Human 

22 Services. 

23 (11) Grants for construction, renovation, or re24 pair of non-Federal research facilities provided by 

25 the Director of the National Institutes of Health. 


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1 (12) The public transportation security assist2 ance grant program under section 1406 of the Im3 plementing Recommendations of the 9/11 Commis4 sion Act of 2007 (6 U.S.C. 1135). 

5 (13) Assistance provided under the Public 

6 Housing Capital Fund established under section 

7 9(d) of the United States Housing Act of 1937 (42 

8 U.S.C. 1437g(d)). 

9 (14) The community development block grant 

10 program under title I of the Housing and Commu11 nity Development Act of 1974 (42 U.S.C. 5301 et 

12 seq.). 

13 (15) The Indian housing block grant program 

14 under section 101 of the Native American Housing 

15 Assistance and Self-Determination Act of 1996 (25 

16 U.S.C. 4111). 

17 (16) The rural water supply program under 

18 section 103 of the Rural Water Supply Act of 2006 

19 (43 U.S.C. 2402). 

20 (e) REQUIREMENT FOR CONSTRUCTION MATERIALS

21 IN CERTAIN DEPARTMENT OF TRANSPORTATION PRO22 GRAMS.— 

23 (1) IN GENERAL.—Section 313(a) of title 23, 

24 United States Code, is amended by striking ‘‘and 

25 manufactured products’’ and inserting ‘‘manufacVerDate Sep 11 2014 22:03 Jul 01, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3459.IH H3459

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1 tured products, and construction materials described 

2 in subparagraphs (D) through (I) of section 2(c)(1) 

3 of the Made in America Act of 2019’’. 

4 (2) NO EFFECT ON IRON OR STEEL.—Nothing 

5 in this subsection or an amendment made by this 

6 subsection affects section 313 of title 23, United 

7 States Code, or the implementation of that section 

8 by the Secretary of Transportation with respect to 

9 iron or steel. 

Æ 


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