Sec. 201 Wastewater treatment Buy America provisions
“608. Buy America
“(a) Domestic source requirement for steel, iron, and manufactured goods
“(1) In general—Notwithstanding any other provision of law, funds made available from a State water pollution control revolving fund established under this title may not be used, in whole or in part, for a project for the construction of treatment works unless the steel, iron, and manufactured goods used for the project are produced in the United States.
“(2) Scope—The requirements of this section apply to all contracts for the construction of treatment works carried out within the scope of the applicable finding, determination, or decision under section 511(c)(1), regardless of the funding source of such contracts, if at least one contract for the construction is funded with amounts made available to carry out this title.
“(b) Exceptions
“(1) Issuance of waivers—The Administrator may waive the requirements of subsection (a) only if the Administrator finds that—
“(A) applying subsection (a) would be inconsistent with the public interest, as determined in accordance with the regulations required under paragraph (2);
“(B) the steel, iron, or manufactured goods required for a project are not produced in the United States—
“(i) in sufficient and reasonably available quantities; or
“(ii) to a satisfactory quality; or
“(C) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent.
“(2) Regulations—Not later than 1 year after the date of enactment of this section, the Administrator shall issue regulations establishing the criteria that the Administrator shall use to determine whether the application of subsection (a) is inconsistent with the public interest for purposes of paragraph (1)(A).
“(3) Requests for waivers—A recipient of assistance under this title seeking a waiver under paragraph (1) shall submit to the Administrator a request for the waiver in such form and containing such information as the Administrator may require.
“(c) Waiver requirements
“(1) Public notification of and opportunity for comment on request for a waiver
“(A) In general—If the Administrator receives a request for a waiver under subsection (b), the Administrator shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request.
“(B) Notice requirements—A notice provided under subparagraph (A) shall—
“(i) include the information available to the Administrator concerning the request, including whether the request is being made under subsection (b)(1)(A), (b)(1)(B), or (b)(1)(C); and
“(ii) be provided by electronic means, including on the official public Internet Web site of the Environmental Protection Agency.
“(2) Detailed justification in Federal Register—If the Administrator issues a waiver under subsection (b), the Administrator shall publish in the Federal Register a detailed justification for the waiver that—
“(A) addresses the public comments received under paragraph (1)(A); and
“(B) is published before the waiver takes effect.
“(3) Annual report—Not later than February 1 of each year beginning after the date of enactment of this section, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that—
“(A) specifies each project with respect to which the Administrator issued a waiver under subsection (b) during the preceding calendar year;
“(B) identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver under subsection (b) issued by the Administrator during the preceding calendar year;
“(C) summarizes the monetary value of contracts awarded pursuant to each such waiver;
“(D) provides the justification for each such waiver, including the specific law, treaty, or international agreement under which the waiver was granted;
“(E) summarizes the funds expended on—
“(i) steel, iron, and manufactured goods produced in the United States for projects with respect to which the Buy America requirement under this section applied during the preceding calendar year; and
“(ii) steel, iron, and manufactured goods produced outside the United States for projects with respect to which the Administrator issued a waiver under subsection (b) during the preceding calendar year; and
“(F) provides an employment impact analysis of the cumulative effect of all waivers under subsection (b) issued by the Administrator during the preceding calendar year on manufacturing employment in the United States.
“(d) State requirements—The Administrator may not impose a limitation or condition on assistance provided under this title that restricts—
“(1) a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or
“(2) any recipient of such assistance from complying with such State requirements.
“(e) Intentional violations—Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with amounts made available from a State water pollution control revolving fund established under this title if the Administrator, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally—
“(1) affixed a label bearing a “Made in America” inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that—
“(A) were used in a project to which this section applies; and
“(B) were not produced in the United States; or
“(2) represented that any steel, iron, or manufactured goods were produced in the United States that—
“(A) were used in a project to which this section applies; and
“(B) were not produced in the United States.
“(f) Consistency with international agreements
“(1) In general—This section shall be applied in a manner that is consistent with United States obligations under international agreements.
“(2) Treatment of foreign countries in violation of international agreements—The Administrator shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available from a State water pollution control revolving fund established under this title, including any project for which the Administrator has issued a waiver under subsection (b), if the Administrator, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement.”