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 Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on Agriculture, Energy and Commerce, Financial Services, Home-
land Security, and Natural Resources, for a period to be subsequently de-
termined 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 Representa-
tives 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: 
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(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, pro-
duced, or manufactured in the United 
States is greater than 50 percent of the 
total cost of all components of the manu-
factured product; and 
(C) in the case of construction materials 
described in subparagraphs (D) through (I) of 
subsection (c)(1), that all manufacturing proc-
esses for the construction material occurred in 
the United States. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(b) UNIFORM STANDARDS.— 
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(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary 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 man-
ner consistent with section 635.410(b)(1)(ii) of 
title 23, Code of Federal Regulations (as in ef-
fect 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 re-
quire that each manufacturing process required 
for the manufacture of the construction mate-
rial 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 
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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 ca-
bles). 
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(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 in-
consistent with the public interest; 
(B) the relevant material is not produced 
in the United States in sufficient and reason-
ably available quantities and of a satisfactory 
quality; or 
(C) inclusion of the relevant material pro-
duced in the United States will increase the 
cost of the overall project by more than 25 per-
cent. 
(3) WAIVER.—If the head of the Federal de-
partment or agency with authority to carry out the 
applicable program makes a finding under para-
graph (2) to waive paragraph (1), the head of the 
Federal department or agency shall, before the date 
on which the waiver takes effect— 
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(A) publish in the Federal Register a de-
tailed written justification that provides the rea-
sons that the waiver is needed; and 
(B) provide an opportunity for public com-
ment on the proposed waiver for a period of not 
more than 60 days. 
(4) APPLICATION.—This subsection shall be ap-
plied in a manner consistent with United States obli-
gations 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, Con-
servation, 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 es-
tablished under title III of the Agriculture, Rural 
Development, Food and Drug Administration, and 
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Related Agencies Appropriations, 2004 (Public Law 
108–199; 118 Stat. 29). 
(5) Solid waste management grants under sec-
tion 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, imple-
mentation, or modification of a State energy con-
servation plan under section 363 of the Energy Pol-
icy 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 re-
pair of non-Federal research facilities provided by 
the Director of the National Institutes of Health. 
(10) The public transportation security assist-
ance grant program under section 1406 of the Im-
plementing Recommendations of the 9/11 Commis-
sion Act of 2007 (6 U.S.C. 1135). 
(11) Assistance provided under the Public 
Housing Capital Fund established under section 
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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 Commu-
nity 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 Leg-
acy 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) 
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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 imple-
mentation of that section by the Secretary of Transpor-
tation 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 ‘‘deci-
sion 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 manufac-
tured products promulgated in the final rule titled ‘‘Buy 
America Nationwide Waiver Notification for Commercially 
Available Off-the-Shelf (COTS) Products With Steel or 
Iron Components and for Steel Tie Wire Permanently In-
corporated in Precast Concrete Products’’, and issued No-
vember 25, 1983 (48 Fed. Reg. 53099). 
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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 ‘‘sec-
tion 5333(a)’’. 
SEC. 5. RAILROAD REHABILITATION AND IMPROVEMENT 
FINANCING. 
Section 502 of the Railroad Revitalization and Regu-
latory 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 Na-
tional 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 manufac-
tured goods’’ and inserting ‘‘manufactured products, 
and construction materials described in subpara-
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graphs (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 man-
ufactured goods’’ and inserting ‘‘manufactured prod-
ucts, or construction materials’’; and 
(4) in paragraph (10) by striking ‘‘or manufac-
tured 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 manufac-
tured goods’’ and inserting ‘‘manufactured products, 
or construction materials’’; and 
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(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 de-
cisions 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)— 
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(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) of title 49, United States Code, is amend-
ed 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 REHABILITA-
TION CONTRACTS FOR CIVIL WORKS. 
(a) IN GENERAL.—With respect to all Corps of Engi-
neers 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 
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non-Federal sponsor under section 204 of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2232) or sec-
tion 1043 of the Water Resources Reform and Develop-
ment Act of 2014 (33 U.S.C. 2201 note), the steel, iron, 
manufactured products, and construction materials de-
scribed in subparagraphs (D) through (I) of section 
2(c)(1) of the Made in America Act of 2021 furnished and 
delivered under such contracts shall be manufactured or 
fabricated in whole or substantial part in the United 
States. 
(b) CONFORMING AMENDMENT.— 
(1) WRDA 1996.—Section 235 of the Water Re-
sources Development Act of 1996 (Public Law 104– 
303; 33 U.S.C. 2201 note) is repealed. 
(2) WRDA 1999.—Section 222 of the Water Re-
sources Development Act of 1999 (Public Law 106– 
53; 33 U.S.C. 2201 note) is repealed. 
SEC. 10. WATERSHED PILOT PROJECTS; ALTERNATIVE 
WATER SOURCE PROJECTS; SEWER OVER-
FLOW 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 fol-
lowing: 
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‘‘(c) REQUIREMENTS.—The requirements of section 
608 shall apply to any construction, alteration, mainte-
nance, 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 in-
serting before subsection (i) the following: 
‘‘(h) REQUIREMENTS.—The requirements of 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 of 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) by striking ‘‘Notwithstanding any other’’ 
and inserting the following: 
‘‘(a) IN GENERAL.—Except as provided under sub-
section (b) and notwithstanding any other’’; and 
(2) by adding at the end the following: 
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‘‘(b) REQUIREMENTS
FOR CERTAIN PROJECTS.— 
Projects carried out under section 122, 220, and 221 shall 
be subject to the material 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 ‘‘, manufac-
tured 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 ‘‘, manu-
factured products, and construction materials’’ 
after ‘‘iron and steel products’’; and 
(B) in paragraph (3) by inserting ‘‘, manu-
factured products, and construction materials’’ 
after ‘‘iron and steel products’’. 
SEC. 12. WATER INFRASTRUCTURE FINANCE AND INNOVA-
TION. 
Section 5035 of the Water Resources Reform and De-
velopment Act of 2014 (33 U.S.C. 3914) is amended— 
(1) in subsection (a) by inserting ‘‘, manufac-
tured products, and construction materials described 
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