Keep American Jobs from Going Down the Drain Act - Amends the Safe Drinking Water Act and the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the use of funds made available from a state loan fund or a state water pollution control revolving fund, respectively, from being 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. Waives such requirement when the Administrator of the Environmental Protection Agency (EPA), in consultation with the relevant governor, finds that: (1) applying such requirement would be inconsistent with the public interest; (2) such goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of such goods will increase the cost of the overall project by more than 25%.
Requires the Administrator to: (1) provide public notice and the opportunity to comment on the Administrator's intent to issue a waiver no less than 15 days prior to waiving such requirements; and (2) publish a justification of any waiver issued.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1684 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1684
To require the use of American iron, steel, and manufactured goods in
the construction, alteration, and repair of public water systems and
treatment works.
_______________________________________________________________________
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. Sanchez 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep American Jobs from Going Down
the Drain Act''.
SEC. 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.''.
SEC. 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:
``SEC. 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.''.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Environment and the Economy.
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