I 

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


smartinez on DSKB9S0YB1PROD with BILLS
2 

•HR 1684 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Keep American Jobs 

3 from Going Down the Drain Act’’. 

4 SEC. 2. REQUIREMENT FOR USE OF AMERICAN MATERIALS 

5 IN PUBLIC WATER SYSTEMS. 

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

7 U.S.C. 300j–12(a)) is amended by adding at the end the 

8 following: 

9 ‘‘(4) REQUIREMENT FOR USE OF AMERICAN MA10 TERIALS.— 

11 ‘‘(A) IN GENERAL.—Notwithstanding any 

12 other provision of law, none of the funds made 

13 available by a State loan fund as authorized 

14 under this section may be used for a project for 

15 the construction, alteration, maintenance, or re16 pair of a public water system unless the steel, 

17 iron, and manufactured goods used in such 

18 project are produced in the United States. 

19 ‘‘(B) WAIVERS.—Subparagraph (A) shall 

20 not apply in any case in which the Adminis21 trator, in consultation with the Governor of the 

22 State, finds that— 

23 ‘‘(i) applying subparagraph (A) would 

24 be inconsistent with the public interest; 

25 ‘‘(ii) the steel, iron, and manufactured 

26 goods are not produced in the United 


smartinez on DSKB9S0YB1PROD with BILLS
3 

•HR 1684 IH

1 States in sufficient and reasonably avail2 able quantities and of a satisfactory qual3 ity; or 

4 ‘‘(iii) inclusion of steel, iron, and man5 ufactured goods produced in the United 

6 States will increase the cost of the overall 

7 project by more than 25 percent. 

8 ‘‘(C) PUBLIC NOTIFICATION AND WRITTEN

9 JUSTIFICATION FOR WAIVER.—If the Adminis10 trator determines that it is necessary to waive 

11 the application of subparagraph (A) based on a 

12 finding under subparagraph (B), the Adminis13 trator shall— 

14 ‘‘(i) not less than 15 days prior to 

15 waiving the application of subparagraph 

16 (A), provide public notice and the oppor17 tunity to comment on the Administrator’s 

18 intent to issue such waiver; and 

19 ‘‘(ii) upon issuing such waiver, publish 

20 in the Federal Register a detailed written 

21 justification as to why the provision is 

22 being waived. 

23 ‘‘(D) CONSISTENCY WITH INTERNATIONAL

24 AGREEMENTS.—This paragraph shall be applied 


smartinez on DSKB9S0YB1PROD with BILLS
4 

•HR 1684 IH

1 in a manner consistent with United States obli2 gations under international agreements.’’. 

3 SEC. 3. REQUIREMENT FOR USE OF AMERICAN MATERIALS 

4 IN TREATMENT WORKS. 

5 Title VI Federal Water Pollution Control Act (33 

6 U.S.C. 1381 et seq.) is amended— 

7 (1) by redesignating section 607 as section 608; 

8 and 

9 (2) by inserting after section 606 the following: 

10 ‘‘SEC. 607. REQUIREMENT FOR USE OF AMERICAN MATE11 RIALS. 

12 ‘‘(a) IN GENERAL.—Notwithstanding any other pro13 vision of law, none of the funds made available by a State 

14 water pollution control revolving fund as authorized under 

15 this title may be used for the construction, alteration, 

16 maintenance, or repair of treatment works unless the 

17 steel, iron, and manufactured goods used in such treat18 ment works are produced in the United States. 

19 ‘‘(b) WAIVERS.—Subsection (a) shall not apply in any 

20 case in which the Administrator, in consultation with the 

21 Governor of the State, finds that— 

22 ‘‘(1) applying subsection (a) would be incon23 sistent with the public interest; 

24 ‘‘(2) the steel, iron, and manufactured goods 

25 are not produced in the United States in sufficient 


smartinez on DSKB9S0YB1PROD with BILLS
5 

•HR 1684 IH

1 and reasonably available quantities and of a satisfac2 tory quality; or 

3 ‘‘(3) inclusion of steel, iron, and manufactured 

4 goods produced in the United States will increase 

5 the cost of the overall project by more than 25 per6 cent. 

7 ‘‘(c) PUBLIC NOTIFICATION AND WRITTEN JUS8 TIFICATION FOR WAIVER.—If the Administrator deter9 mines that it is necessary to waive the application of sub10 section (a) based on a finding under subsection (b), the 

11 Administrator shall— 

12 ‘‘(1) not less than 15 days prior to waiving ap13 plication of subsection (a), provide public notice and 

14 the opportunity to comment on the Administrator’s 

15 intent to issue such waiver; and 

16 ‘‘(2) upon issuing such waiver, publish in the 

17 Federal Register a detailed written justification as 

18 to why the provision is being waived. 

19 ‘‘(d) CONSISTENCY WITH INTERNATIONAL AGREE20 MENTS.—This section shall be applied in a manner con21 sistent with United States obligations under international 

22 agreements.’’. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS