Sec. 201 Drinking water treatment Buy America provisions
“(4) Requirement For Use of American Materials
“(A) Definition of produced in the United States—In this paragraph, the term produced in the United States means, with respect to iron and steel, an end product for which all manufacturing processes occurred in the United States, other than a metallurgical process relating to the refinement of steel.
“(B) Requirement—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 that project are produced in the United States.
“(C) Waivers—Subparagraph (B) shall not apply in any case in which the Administrator, in consultation with the Governor of the applicable State, finds that—
“(i) applying subparagraph (B) 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.
“(D) Public Notification and Written Justification for Waiver—If the Administrator determines that it is necessary to waive the application of subparagraph (B) based on a finding under subparagraph (C), the Administrator shall—
“(i) not less than 15 days prior to waiving the application of subparagraph (B), provide public notice and the opportunity to comment on the intent of the Administrator to issue the waiver; and
“(ii) on issuing the waiver, publish in the Federal Register a detailed written justification as to why the provision is being waived.
“(E) Annual report—Not later than the first February 1 after the date of enactment of this paragraph and not later than each February 1 thereafter, 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—
“(i) specifies each project with respect to which the Administrator issued a waiver under subparagraph (C) during the preceding calendar year;
“(ii) identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver under subparagraph (C) issued by the Administrator during the preceding calendar year;
“(iii) summarizes the monetary value of contracts awarded pursuant to each waiver;
“(iv) provides the justification for each waiver, including the specific law, treaty, or international agreement under which the waiver was granted;
“(v) summarizes the amounts 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 subparagraph (C) during the preceding calendar year; and
“(vi) provides an employment impact analysis of the cumulative effect of all waivers under subparagraph (C) issued by the Administrator during the preceding calendar year on manufacturing employment in the United States.
“(F) State requirements—The Administrator may not impose a limitation or condition on assistance provided under this section that restricts—
“(i) a State from imposing requirements that are more stringent than those imposed under this paragraph 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
“(ii) any recipient of such assistance from complying with such State requirements.
“(G) Intentional violations—Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations (or successor regulations), a person shall be ineligible to receive a contract or subcontract funded with amounts made available from a State loan fund if the Administrator, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally—
“(i) affixed a label bearing a “Made in America” inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that—
“(I) were used in a project to which this section applies; and
“(II) were not produced in the United States; or
“(ii) represented that any steel, iron, or manufactured goods were produced in the United States that—
“(I) were used in a project to which this paragraph applies; and
“(II) were not produced in the United States.
“(H) Consistency with international agreements
“(i) In general—This paragraph shall be applied in a manner that is consistent with United States obligations under international agreements.
“(ii) 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 loan fund, including any project for which the Administrator has issued a waiver under subparagraph (C), 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.”