II 

116TH CONGRESS 

1ST SESSION S. 1955 

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 

JUNE 25, 2019 

Ms. BALDWIN (for herself, Mr. MERKLEY, Mr. MURPHY, Ms. SMITH, Mr. 

BLUMENTHAL, Ms. STABENOW, Mr. WHITEHOUSE, and Mr. SANDERS) 

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. 

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: 

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

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


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

2 that all manufacturing processes for the iron or 

3 steel product, from the initial melting stage 

4 through the application of coatings, occurred in 

5 the United States; 

6 (B) in the case of manufactured products, 

7 that— 

8 (i) the manufactured product was 

9 manufactured in the United States; and 

10 (ii) the cost of the components of the 

11 manufactured product that are mined, pro12 duced, or manufactured in the United 

13 States is greater than 50 percent of the 

14 total cost of all components of the manu15 factured product; and 

16 (C) in the case of construction materials 

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

18 subsection (c)(1), that all manufacturing proc19 esses for the construction material occurred in 

20 the United States. 

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

22 the Secretary of Commerce. 

23 (b) UNIFORM STANDARDS.— 

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

25 after the date of enactment of this Act, the SecVerDate Sep 11 2014 22:48 Jun 27, 2019 Jkt 034408 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1955.IS S1955

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1 retary shall issue uniform standards that define the 

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

3 of this Act— 

4 (A) in the case of iron and steel, in a man5 ner consistent with section 635.410(b)(1)(ii) of 

6 title 23, Code of Federal Regulations (as in ef7 fect on the date of enactment of this Act); and 

8 (B) in the case of construction materials 

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

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

11 (2). 

12 (2) CONSIDERATIONS.—In issuing uniform 

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

14 shall— 

15 (A) ensure that the uniform standards re16 quire that each manufacturing process required 

17 for the manufacture of the construction mate18 rial and the inputs of the construction material 

19 occurs in the United States, without regard to 

20 the origin of raw material inputs; and 

21 (B) take into consideration and seek to 

22 maximize the direct and indirect jobs benefited 

23 or created in the production of the construction 

24 material. 


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

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

3 department or agency that administers a program 

4 described in subsection (d) shall— 

5 (A) implement this Act; and 

6 (B) adopt the uniform standards issued by 

7 the Secretary under paragraph (1) for purposes 

8 of implementing this Act. 

9 (c) REQUIREMENT.— 

10 (1) IN GENERAL.—Notwithstanding any other 

11 provision of law, none of the funds made available 

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

13 may be used for a project under that program unless 

14 all of the following materials used in the project are 

15 produced in the United States: 

16 (A) Steel. 

17 (B) Iron. 

18 (C) Manufactured products. 

19 (D) Non-ferrous metals. 

20 (E) Plastic and polymer-based products 

21 (including polyvinylchloride, composite building 

22 materials, and polymers used in fiber optic ca23 bles). 

24 (F) Concrete and other aggregates. 

25 (G) Glass (including optic glass). 


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1 (H) Lumber. 

2 (I) Drywall. 

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

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

5 department or agency with authority to carry out 

6 the applicable program determines that— 

7 (A) applying paragraph (1) would be in8 consistent with the public interest; 

9 (B) the relevant material is not produced 

10 in the United States in sufficient and reason11 ably available quantities and of a satisfactory 

12 quality; or 

13 (C) inclusion of the relevant material pro14 duced in the United States will increase the 

15 cost of the overall project by more than 25 per16 cent. 

17 (3) WAIVER.—If the head of the Federal de18 partment or agency with authority to carry out the 

19 applicable program makes a finding under para20 graph (2) to waive paragraph (1), the head of the 

21 Federal department or agency shall, before the date 

22 on which the waiver takes effect— 

23 (A) publish in the Federal Register a de24 tailed written justification that provides the rea25 sons that the waiver is needed; and 


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1 (B) provide an opportunity for public com2 ment on the proposed waiver for a period of not 

3 more than 60 days. 

4 (4) APPLICATION.—This subsection shall be ap5 plied in a manner consistent with United States obli6 gations under international agreements. 

7 (d) PROGRAMS DESCRIBED.—The programs referred 

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

9 (1) Direct and guaranteed loans and grants 

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

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

12 (2) Distance learning and telemedicine grants 

13 under section 2333 of the Food, Agriculture, Con14 servation, and Trade Act of 1990 (7 U.S.C. 950aaa– 

15 2). 

16 (3) Broadband loans and loan guarantees under 

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

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

19 (4) The community connect grant program es20 tablished under title III of the Agriculture, Rural 

21 Development, Food and Drug Administration, and 

22 Related Agencies Appropriations, 2004 (Public Law 

23 108–199; 118 Stat. 29). 


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1 (5) Solid waste management grants under sec2 tion 310B(b) of the Consolidated Farm and Rural 

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

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

5 Public Works and Economic Development Act of 

6 1965 (42 U.S.C. 3121 et seq.). 

7 (7) Financial assistance for development, imple8 mentation, or modification of a State energy con9 servation plan under section 363 of the Energy Pol10 icy and Conservation Act (42 U.S.C. 6323). 

11 (8) State water pollution control revolving 

12 funds established under title VI of the Federal 

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

14 seq.). 

15 (9) State drinking water treatment revolving 

16 loan funds established under section 1452 of the 

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

18 (10) Grants for construction of health centers 

19 provided by the Secretary of Health and Human 

20 Services. 

21 (11) Grants for construction, renovation, or re22 pair of non-Federal research facilities provided by 

23 the Director of the National Institutes of Health. 

24 (12) The public transportation security assist25 ance grant program under section 1406 of the ImVerDate Sep 11 2014 22:48 Jun 27, 2019 Jkt 034408 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1955.IS S1955

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1 plementing Recommendations of the 9/11 Commis2 sion Act of 2007 (6 U.S.C. 1135). 

3 (13) Assistance provided under the Public 

4 Housing Capital Fund established under section 

5 9(d) of the United States Housing Act of 1937 (42 

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

7 (14) The community development block grant 

8 program under title I of the Housing and Commu9 nity Development Act of 1974 (42 U.S.C. 5301 et 

10 seq.). 

11 (15) The Indian housing block grant program 

12 under section 101 of the Native American Housing 

13 Assistance and Self-Determination Act of 1996 (25 

14 U.S.C. 4111). 

15 (16) The rural water supply program under 

16 section 103 of the Rural Water Supply Act of 2006 

17 (43 U.S.C. 2402). 

18 (e) REQUIREMENT FOR CONSTRUCTION MATERIALS

19 IN CERTAIN DEPARTMENT OF TRANSPORTATION PRO20 GRAMS.— 

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

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

23 manufactured products’’ and inserting ‘‘manufac24 tured products, and construction materials described 


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

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

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

4 in this subsection or an amendment made by this 

5 subsection affects section 313 of title 23, United 

6 States Code, or the implementation of that section 

7 by the Secretary of Transportation with respect to 

8 iron or steel. 

Æ 


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