II 

115TH CONGRESS 

1ST SESSION S. 880 

To ensure the use of American iron and steel in public water systems, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 6 (legislative day, APRIL 4), 2017 

Ms. BALDWIN (for herself, Mr. BROWN, Mr. SANDERS, Mr. FRANKEN, Ms. 

WARREN, Mr. WHITEHOUSE, Ms. STABENOW, and Mrs. MCCASKILL) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To ensure the use of American iron and steel in public 

water systems, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Made in America 

5 Water Infrastructure Act’’. 


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1 SEC. 2. TAXPAYER-PRODUCED IRON AND STEEL IN PUBLIC 

2 WATER SYSTEMS. 

3 Section 1452(a) of the Safe Drinking Water Act (42 

4 U.S.C. 300j–12(a)) is amended by striking paragraph (4) 

5 and inserting the following: 

6 ‘‘(4) REQUIREMENT FOR THE USE OF AMER7 ICAN MATERIALS.— 

8 ‘‘(A) DEFINITION OF IRON AND STEEL

9 PRODUCTS.—In this paragraph, the term ‘iron 

10 and steel products’ means the following prod11 ucts made primarily of iron or steel: 

12 ‘‘(i) Lined or unlined pipe and fit13 tings. 

14 ‘‘(ii) Manhole covers and other munic15 ipal castings. 

16 ‘‘(iii) Hydrants. 

17 ‘‘(iv) Tanks. 

18 ‘‘(v) Flanges. 

19 ‘‘(vi) Pipe clamps and restraints. 

20 ‘‘(vii) Valves. 

21 ‘‘(viii) Structural steel. 

22 ‘‘(ix) Reinforced precast concrete. 

23 ‘‘(x) Construction materials. 

24 ‘‘(B) REQUIREMENT.—Notwithstanding 

25 any other provision of law, except as provided 

26 in subparagraph (C), none of the funds made 


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1 available by a State loan fund authorized under 

2 this section shall be used for a project for the 

3 construction, alteration, maintenance, or repair 

4 of a public water system unless all the iron and 

5 steel products used in the project are produced 

6 in the United States. 

7 ‘‘(C) EXCEPTION.—Subparagraph (B) 

8 shall not apply in any case or category of cases 

9 in which the Administrator finds that— 

10 ‘‘(i) applying subparagraph (B) would 

11 be inconsistent with the public interest; 

12 ‘‘(ii) iron and steel products are not 

13 produced in the United States in sufficient 

14 and reasonably available quantities and of 

15 a satisfactory quality; or 

16 ‘‘(iii) inclusion of iron and steel prod17 ucts produced in the United States will in18 crease the cost of the overall project by 

19 more than 25 percent. 

20 ‘‘(D) PUBLIC NOTICE; WRITTEN JUS21 TIFICATION.— 

22 ‘‘(i) PUBLIC NOTICE.—If the Adminis23 trator receives a request for a waiver under 

24 this paragraph, the Administrator shall— 


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1 ‘‘(I) make available to the public 

2 on an informal basis, including on the 

3 public website of the Administrator— 

4 ‘‘(aa) a copy of the request; 

5 and 

6 ‘‘(bb) any information avail7 able to the Administrator regard8 ing the request; and 

9 ‘‘(II) provide notice of, and op10 portunity for informal public comment 

11 on, the request for a period of not less 

12 than 15 days before making a finding 

13 under subparagraph (C). 

14 ‘‘(ii) WRITTEN JUSTIFICATION.—If, 

15 after the period provided under clause (i), 

16 the Administrator makes a finding under 

17 subparagraph (C), the Administrator shall 

18 publish in the Federal Register a detailed 

19 written justification as to why subpara20 graph (B) is being waived. 

21 ‘‘(E) APPLICATION.—This paragraph shall 

22 be applied in a manner consistent with United 

23 States obligations under international agree24 ments. 


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1 ‘‘(F) MANAGEMENT AND OVERSIGHT.— 

2 The Administrator may use not more than 0.25 

3 percent of any funds made available to carry 

4 out this title for management and oversight of 

5 the requirements of this paragraph.’’. 

Æ 


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