I 

117TH CONGRESS 

1ST SESSION H. R. 2468 

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 

APRIL 13, 2021 

Mr. GARAMENDI (for himself, Ms. KAPTUR, Mr. POCAN, Mrs. BUSTOS, Ms. 

SCHAKOWSKY, Mrs. AXNE, Mr. RYAN, Mr. TONKO, Mr. MRVAN, and Mr. 

CICILLINE) 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 2021’’. 

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) Grants for construction of health centers 

14 provided by the Secretary of Health and Human 

15 Services. 

16 (9) Grants for construction, renovation, or re17 pair of non-Federal research facilities provided by 

18 the Director of the National Institutes of Health. 

19 (10) The public transportation security assist20 ance grant program under section 1406 of the Im21 plementing Recommendations of the 9/11 Commis22 sion Act of 2007 (6 U.S.C. 1135). 

23 (11) Assistance provided under the Public 

24 Housing Capital Fund established under section 


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1 9(d) of the United States Housing Act of 1937 (42 

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

3 (12) The community development block grant 

4 program under title I of the Housing and Commu5 nity Development Act of 1974 (42 U.S.C. 5301 et 

6 seq.). 

7 (13) The Indian housing block grant program 

8 under section 101 of the Native American Housing 

9 Assistance and Self-Determination Act of 1996 (25 

10 U.S.C. 4111). 

11 (14) The rural water supply program under 

12 section 103 of the Rural Water Supply Act of 2006 

13 (43 U.S.C. 2402). 

14 (15) The National Parks and Public Land Leg15 acy Restoration Fund established under chapter 

16 2004 of title 54, United States Code. 

17 (16) The Western Area Power Administration 

18 borrowing authority under title III of the Hoover 

19 Power Plant Act of 1984 (42 U.S.C. 16421a). 

20 SEC. 3. FEDERAL-AID HIGHWAYS. 

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

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

23 products’’ and inserting ‘‘manufactured products, and 

24 construction materials described in subparagraphs (D) 


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1 through (I) of section 2(c)(1) of the Made in America Act 

2 of 2021’’. 

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

4 this section or an amendment made by this section affects 

5 section 313 of title 23, United States Code, or the imple6 mentation of that section by the Secretary of Transpor7 tation with respect to iron or steel under chapter 1 of title 

8 23, United States Code. 

9 (c) BUY AMERICA.—Section 313(g) of title 23, 

10 United States Code, is amended— 

11 (1) by striking ‘‘assistance under this chapter’’ 

12 and inserting ‘‘assistance under this title’’; and 

13 (2) by inserting ‘‘section 330 or’’ after ‘‘deci14 sion under’’. 

15 (d) REPEAL OF NATIONAL WAIVER.—The Secretary 

16 of Transportation shall rescind any finding made under 

17 section 313(b)(1) of title 23, United States Code, for any 

18 manufactured product other than steel and iron manufac19 tured products promulgated in the final rule titled ‘‘Buy 

20 America Nationwide Waiver Notification for Commercially 

21 Available Off-the-Shelf (COTS) Products With Steel or 

22 Iron Components and for Steel Tie Wire Permanently In23 corporated in Precast Concrete Products’’, and issued No24 vember 25, 1983 (48 Fed. Reg. 53099). 


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1 SEC. 4. TRANSPORTATION INFRASTRUCTURE FINANCE AND 

2 INNOVATION. 

3 Section 602(c)(1) of title 23, United States Code, is 

4 amended by inserting ‘‘and section 22905(a)’’ after ‘‘sec5 tion 5333(a)’’. 

6 SEC. 5. RAILROAD REHABILITATION AND IMPROVEMENT 

7 FINANCING. 

8 Section 502 of the Railroad Revitalization and Regu9 latory Reform Act of 1976 (45 U.S.C. 822(h)(3)) is 

10 amended by adding at the end the following: 

11 ‘‘(n) BUY AMERICA.— 

12 ‘‘(1) IN GENERAL.—In awarding direct loans or 

13 loan guarantees under this section, the Secretary 

14 shall require each recipient to comply with section 

15 22905(a) of title 49, United States Code. 

16 ‘‘(2) SPECIFIC COMPLIANCE.—Notwithstanding 

17 paragraph (1), the Secretary shall require the Na18 tional Railroad Passenger Corporation (Amtrak) to 

19 comply with section 24305(f) of title 49, United 

20 States Code.’’. 

21 SEC. 6. PUBLIC TRANSPORTATION. 

22 Section 5323(j) of title 49, United States Code, is 

23 amended— 

24 (1) in paragraph (1) by striking ‘‘and manufac25 tured goods’’ and inserting ‘‘manufactured products, 

26 and construction materials described in subparaVerDate Sep 11 2014 23:35 May 27, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2468.IH H2468

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1 graphs (D) through (I) of section 2(c)(1) of the 

2 Made in America Act of 2021’’; 

3 (2) in paragraph (2)(B) by striking ‘‘and 

4 goods’’ and inserting ‘‘manufactured products, and 

5 construction materials’’; 

6 (3) in paragraph (6)(A)(i) by striking ‘‘or man7 ufactured goods’’ and inserting ‘‘manufactured prod8 ucts, or construction materials’’; and 

9 (4) in paragraph (10) by striking ‘‘or manufac10 tured goods’’ and inserting ‘‘manufactured products, 

11 or construction materials’’. 

12 SEC. 7. RAIL IMPROVEMENT GRANTS. 

13 Section 22905(a) of title 49, United States Code, is 

14 amended— 

15 (1) in paragraph (1) by striking ‘‘manufactured 

16 goods’’ and inserting ‘‘manufactured products, and 

17 construction materials described in subparagraphs 

18 (D) through (I) of section 2(c)(1) of the Made in 

19 America Act of 2021’’; 

20 (2) in paragraph (2)(B) by striking ‘‘and 

21 goods’’ and inserting ‘‘manufactured products, and 

22 construction materials’’; 

23 (3) in paragraph (9) by striking ‘‘or manufac24 tured goods’’ and inserting ‘‘manufactured products, 

25 or construction materials’’; and 


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1 (4) by adding at the end the following: 

2 ‘‘(12) The requirements of this subsection apply 

3 to all contracts for a project carried out within the 

4 scope of the applicable finding, determination, or de5 cisions under the National Environmental Policy Act 

6 of 1969 (42 U.S.C. 4321 et seq.), regardless of the 

7 funding source for activities carried out pursuant to 

8 such contracts, if at least 1 contract for the project 

9 is funded with amounts made available to carry out 

10 a provision specified in paragraph (1).’’. 

11 SEC. 8. CIVIL AVIATION FACILITY PROGRAMS. 

12 (a) IN GENERAL.—Section 50101 of title 49, United 

13 States Code, is amended— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘steel and manufactured 

16 goods’’ and inserting ‘‘steel, iron, manufactured 

17 products, and construction materials described 

18 in subparagraphs (D) through (I) of section 

19 2(c)(1) of the Made in America Act of 2021’’; 

20 and 

21 (B) by striking ‘‘(except section 47127)’’; 

22 and 

23 (2) in subsection (b)— 


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1 (A) in paragraph (2) by striking ‘‘steel and 

2 goods’’ and inserting ‘‘steel, iron, manufactured 

3 products, and construction materials’’; and 

4 (B) by striking ‘‘(except section 47127)’’. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) RESTRICTING CONTRACT AWARDS BECAUSE

7 OF DISCRIMINATION AGAINST UNITED STATES

8 GOODS OR SERVICES.—Section 50102 of title 49, 

9 United States Code, is amended by striking ‘‘(except 

10 section 47127)’’. 

11 (2) RESTRICTION ON AIRPORT PROJECTS USING

12 PRODUCTS OR SERVICES OF FOREIGN COUNTRIES

13 DENYING FAIR MARKET OPPORTUNITIES.—Section 

14 50104(b) of title 49, United States Code, is amend15 ed by striking ‘‘(except section 47127)’’. 

16 (3) FRAUDULENT USE OF ‘‘MADE IN AMERICA’’ 

17 LABEL.—Section 50105 of title 49, United States 

18 Code, is amended by striking ‘‘(except section 

19 47127)’’. 

20 SEC. 9. ARMY CORPS CONSTRUCTION AND REHABILITA21 TION CONTRACTS FOR CIVIL WORKS. 

22 (a) IN GENERAL.—With respect to all Corps of Engi23 neers construction and rehabilitation contracts to be 

24 awarded after the date of enactment of this Act and any 

25 construction and rehabilitation contract carried out by a 


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1 non-Federal sponsor under section 204 of the Water Re2 sources Development Act of 1986 (33 U.S.C. 2232) or sec3 tion 1043 of the Water Resources Reform and Develop4 ment Act of 2014 (33 U.S.C. 2201 note), the steel, iron, 

5 manufactured products, and construction materials de6 scribed in subparagraphs (D) through (I) of section 

7 2(c)(1) of the Made in America Act of 2021 furnished and 

8 delivered under such contracts shall be manufactured or 

9 fabricated in whole or substantial part in the United 

10 States. 

11 (b) CONFORMING AMENDMENT.— 

12 (1) WRDA 1996.—Section 235 of the Water Re13 sources Development Act of 1996 (Public Law 104– 

14 303; 33 U.S.C. 2201 note) is repealed. 

15 (2) WRDA 1999.—Section 222 of the Water Re16 sources Development Act of 1999 (Public Law 106– 

17 53; 33 U.S.C. 2201 note) is repealed. 

18 SEC. 10. WATERSHED PILOT PROJECTS; ALTERNATIVE 

19 WATER SOURCE PROJECTS; SEWER OVER20 FLOW AND STORMWATER REUSE MUNICIPAL 

21 GRANTS. 

22 (a) WATERSHED PILOT PROJECTS.—Section 122 of 

23 the Federal Water Pollution Act (33 U.S.C. 1274) is 

24 amended by striking subsection (c) and inserting the fol25 lowing: 


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1 ‘‘(c) REQUIREMENTS.—The requirements of section 

2 608 shall apply to any construction, alteration, mainte3 nance, or repair of treatment works receiving a grant 

4 under this section.’’. 

5 (b) PILOT PROGRAM FOR ALTERNATIVE WATER

6 SOURCE PROJECTS.—Section 220 of the Federal Water 

7 Pollution Control Act (33 U.S.C. 1300) is amended by in8 serting before subsection (i) the following: 

9 ‘‘(h) REQUIREMENTS.—The requirements of section 

10 608 shall apply to any construction of an alternative water 

11 source project carried out using assistance made available 

12 under this section.’’. 

13 (c) SEWER OVERFLOW AND STORMWATER REUSE

14 MUNICIPAL GRANTS.—Section 221(e) of the Federal 

15 Water Pollution Control Act (13 U.S.C. 1301(e)) is 

16 amended by striking ‘‘section 513’’ and inserting ‘‘section 

17 513, or the requirements of section 608,’’. 

18 (d) GRANTS FOR CONSTRUCTION OF TREATMENT

19 WORKS.—Section 215 of the Federal Water Pollution 

20 Control Act (33 U.S.C. 1295) is amended— 

21 (1) by striking ‘‘Notwithstanding any other’’ 

22 and inserting the following: 

23 ‘‘(a) IN GENERAL.—Except as provided under sub24 section (b) and notwithstanding any other’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(b) REQUIREMENTS FOR CERTAIN PROJECTS.— 

2 Projects carried out under section 122, 220, and 221 shall 

3 be subject to the material requirements under section 

4 608.’’. 

5 SEC. 11. CLEAN WATER STATE REVOLVING FUND. 

6 Section 608 of the Federal Water Pollution Control 

7 Act (33 U.S.C. 1388) is amended— 

8 (1) in subsection (a) by inserting ‘‘, manufac9 tured products, and construction materials described 

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

11 of the Made in America Act of 2021’’ after ‘‘iron 

12 and steel products’’; and 

13 (2) in subsection (c)— 

14 (A) in paragraph (2) by inserting ‘‘, manu15 factured products, and construction materials’’ 

16 after ‘‘iron and steel products’’; and 

17 (B) in paragraph (3) by inserting ‘‘, manu18 factured products, and construction materials’’ 

19 after ‘‘iron and steel products’’. 

20 SEC. 12. WATER INFRASTRUCTURE FINANCE AND INNOVA21 TION. 

22 Section 5035 of the Water Resources Reform and De23 velopment Act of 2014 (33 U.S.C. 3914) is amended— 

24 (1) in subsection (a) by inserting ‘‘, manufac25 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 2021’’ after ‘‘iron 

3 and steel products’’ and 

4 (2) in subsection (c)— 

5 (A) in paragraph (2) by inserting ‘‘, manu6 factured products, and construction materials’’ 

7 after ‘‘iron and steel products’’; and 

8 (B) in paragraph (3) by inserting ‘‘, manu9 factured products, and construction materials’’ 

10 after ‘‘iron and steel products’’. 

11 SEC. 13. DRINKING WATER STATE REVOLVING FUND. 

12 Section 1452(a)(4) of the Safe Drinking Water Act 

13 (42 U.S.C. 300j–12(a)) is amended— 

14 (1) in subparagraph (A)— 

15 (A) by striking ‘‘During fiscal years 2019 

16 through 2023, funds’’ and inserting ‘‘Funds’’; 

17 and 

18 (B) by inserting ‘‘, manufactured products, 

19 and construction materials described in sub20 paragraphs (D) through (I) of section 2(c)(1) 

21 of the Made in America Act of 2021’’ after 

22 ‘‘iron and steel products’’; and 

23 (2) in subparagraph (C) by inserting ‘‘, manu24 factured products, and construction materials’’ after 


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1 ‘‘iron and steel products’’ each place such phrase oc2 curs. 

Æ 


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