I 112th CONGRESS 1st Session H. R. 1684 IN THE HOUSE OF REPRESENTATIVES May 3, 2011 Ms. Sutton (for herself, Mr. McKinley, Mr. Lipinski, Mr. Bishop of New York, Mr. Jones, Mr. Braley of Iowa, Mr. DeFazio, Mr. Michaud, Ms. DeLauro, Mr. Sarbanes, Mr. Cohen, Mr. Yarmuth, Mr. George Miller of California, Mr. Lynch, Ms. Kaptur, Mr. Gene Green of Texas, Ms. Linda T. Sánchez of California, Ms. Hirono, Mr. Murphy of Connecticut, Mr. Olver, Mr. Andrews, Ms. Edwards, Mr. Lewis of Georgia, Mr. Tonko, Mr. Courtney, Mr. Dingell, Mr. Filner, Mr. Garamendi, Mr. Doyle, Ms. Schakowsky, and Ms. Pingree of Maine) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, 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 require the use of American iron, steel, and manufactured goods in the construction, alteration, and repair of public water systems and treatment works.

1.

Short title

This Act may be cited as the Keep American Jobs from Going Down the Drain Act.

2.

Requirement for use of American materials in public water systems

Section 1452(a) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)) is amended by adding at the end the following: (4)

Requirement for use of American materials

(A)

In general

Notwithstanding any other provision of law, none of the funds made available by a State loan fund as authorized under this section may be used for a project for the construction, alteration, maintenance, or repair of a public water system unless the steel, iron, and manufactured goods used in such project are produced in the United States. (B)

Waivers

Subparagraph (A) shall not apply in any case in which the Administrator, in consultation with the Governor of the State, finds that— (i)applying subparagraph (A) would be inconsistent with the public interest; (ii)the steel, iron, and manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii)inclusion of steel, iron, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (C)

Public notification and written justification for waiver

If the Administrator determines that it is necessary to waive the application of subparagraph (A) based on a finding under subparagraph (B), the Administrator shall— (i)not less than 15 days prior to waiving the application of subparagraph (A), provide public notice and the opportunity to comment on the Administrator’s intent to issue such waiver; and (ii)upon issuing such waiver, publish in the Federal Register a detailed written justification as to why the provision is being waived. (D)

Consistency with international agreements

This paragraph shall be applied in a manner consistent with United States obligations under international agreements. .

3.

Requirement for use of American materials in treatment works

Title VI Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) is amended— (1)by redesignating section 607 as section 608; and (2)by inserting after section 606 the following:

607.

Requirement for use of American materials

(a)

In General

Notwithstanding any other provision of law, none of the funds made available by a State water pollution control revolving fund as authorized under this title may be used for the construction, alteration, maintenance, or repair of treatment works unless the steel, iron, and manufactured goods used in such treatment works are produced in the United States. (b)

Waivers

Subsection (a) shall not apply in any case in which the Administrator, in consultation with the Governor of the State, finds that— (1)applying subsection (a) would be inconsistent with the public interest; (2)the steel, iron, and manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3)inclusion of steel, iron, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c)

Public Notification and Written Justification for Waiver

If the Administrator determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Administrator shall— (1)not less than 15 days prior to waiving application of subsection (a), provide public notice and the opportunity to comment on the Administrator’s intent to issue such waiver; and (2)upon issuing such waiver, publish in the Federal Register a detailed written justification as to why the provision is being waived. (d)

Consistency With International Agreements

This section shall be applied in a manner consistent with United States obligations under international agreements.

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