‘‘(b) EXCEPTIONS.— 
‘‘(1) ISSUANCE
OF
WAIVERS.—The Secretary 
may waive the requirements of subsection (a) only if 
the Secretary finds that— 
‘‘(A) applying subsection (a) would be in-
consistent with the public interest; 
‘‘(B) the steel, iron, or manufactured 
goods required for a project are not produced in 
the United States— 
‘‘(i) in sufficient and reasonably avail-
able quantities; or 
‘‘(ii) to a satisfactory quality; or 
‘‘(C) the use of steel, iron, and manufac-
tured 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 Sec-
retary shall issue regulations establishing the criteria 
that the Secretary 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 Secretary a re-
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quest for the waiver in such form and containing 
such information as the Secretary may require. 
‘‘(c) NOTICE
AND COMMENT
FOR WAIVER PETI-
TIONS.— 
‘‘(1) The Secretary shall publish the request for 
a waiver in the Federal Register not later than 15 
days after receiving such request. 
‘‘(2) A waiver may not be issued before the ex-
piration of the 15-day period beginning on the date 
on which the request for waiver is published pursu-
ant to paragraph (1) to provide the public an oppor-
tunity for notice and comment. 
‘‘(3) If the Secretary issues a waiver, the Sec-
retary shall publish in the Federal Register not later 
than 15 days after issuing such a waiver— 
‘‘(A) a detailed justification for the waiver 
that addresses any public comments received 
under subsection (a)(1); and 
‘‘(B) provides an employment impact anal-
ysis of the cumulative effect of all waivers 
under subsection (b) issued by the Secretary 
during the preceding calendar year on manufac-
turing employment in the United States.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Rural Water Supply Act of 2006 (43 U.S.C. 2401 
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et seq.) is amended by adding after the item for section 
110 the following: 
‘‘Sec. 111. Buy America.’’. 
SEC. 212. ECONOMIC DEVELOPMENT ADMINISTRATION BUY 
AMERICAN MODERNIZATION. 
(a) IN GENERAL.—Title VI of the Federal Water 
Pollution Control Act (33 U.S.C. 1381 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 609. 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 grants and loan programs adminis-
tered by the Economic Development Agency’s Public 
Works and Economic Development Program 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 treat-
ment works carried out within the scope of the ap-
plicable finding, determination, or decision under 
section 511(c)(1), regardless of the funding source 
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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 Adminis-
trator may waive the requirements of subsection (a) 
only if the Administrator finds that— 
‘‘(A) applying subsection (a) would be in-
consistent with the public interest, as deter-
mined in accordance with the regulations re-
quired 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 avail-
able quantities; or 
‘‘(ii) to a satisfactory quality; or 
‘‘(C) the use of steel, iron, and manufac-
tured 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 Ad-
ministrator shall issue regulations establishing the 
criteria that the Administrator shall use to deter-
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mine whether the application of subsection (a) is in-
consistent 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) NOTICE
AND COMMENT
FOR WAIVER PETI-
TIONS.— 
‘‘(1) The Administrator shall publish the re-
quest for a waiver in the Federal Register within 15 
days after receiving such request. 
‘‘(2) A waiver may not be issued before the ex-
piration of the 15-day period beginning on the date 
on which the request for waiver is published pursu-
ant to paragraph (1) to provide the public an oppor-
tunity for notice and comment. 
‘‘(3) If the Administrator issues a waiver, the 
Administrator shall publish in the Federal Register 
within 15 days of issuing such a waiver— 
‘‘(A) a detailed justification for the waiver 
that addresses any public comments received 
under subsection (a)(1); and 
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‘‘(B) provides an employment impact anal-
ysis of the cumulative effect of all waivers 
under subsection (b) issued by the Adminis-
trator during the preceding calendar year on 
manufacturing employment in the United 
States.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Federal Water Pollution Control Act (33 U.S.C. 
1381 et seq.) is amended by adding after the item for sec-
tion 608 the following: 
‘‘Sec. 609. Buy America.’’. 
SEC. 213. RAIL LOAN AND LOAN GUARANTEE BUY AMERICA 
REQUIREMENTS. 
Section 502(h)(3) of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 822(h)(3)) is 
amended— 
(1) in subparagraph (A) by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (B) by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) the requirements of section 24405(a) of 
title 49, United States Code.’’. 
Æ 
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