Sec. 1307. Technical assistance; requirements for use of American materials
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Title VI ( 33 U.S.C. 1381 et seq. ) is amended— by redesignating section 607 as section 610; and by inserting after section 606 the following: Not later than 1 year after the date of enactment of this section, the Administrator shall assist the States in establishing simplified procedures for treatment works to obtain assistance under this title. Not later than 2 years after the date of the enactment of this section, and after providing notice and opportunity for public comment, the Administrator shall publish a manual to assist treatment works in obtaining assistance under this title and publish in the Federal Register notice of the availability of the manual.
At the request of any State, the Administrator, after providing notice and an opportunity for public comment, shall assist in the development of criteria for a State to determine compliance with the conditions of funding assistance established under sections 602(b)(13) and 603(d)(1)(E). Notwithstanding any other provision of law, funds made available from a State water pollution control revolving fund established under this title may not be used 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.
Subsection
(a)shall not apply to a project for the construction of treatment works if the Administrator (in consultation with the Governor of the State in which the treatment works will be constructed) makes a finding that— the steel, iron, or manufactured goods required for the project are a de minimis component of the project, as determined in accordance with regulations to be issued by the Administrator; the steel, iron, or manufactured goods required for the project are not produced in the United States— in sufficient and reasonably available quantities; or to a satisfactory quality; or the use of steel, iron, and manufactured goods produced in the United States for the project will increase the total cost of the project by more than 25 percent. At least 30 days before making a finding under subsection (b), the Administrator shall provide notice of and an opportunity for public comment on the finding. Any notice provided under this subparagraph shall— include a justification for the proposed finding; and be provided by electronic means, including on the Internet. If the Administrator makes a finding under subsection (b), the Administrator shall— publish in the Federal Register a detailed justification for the finding; and provide notice of and an opportunity for public comment on the detailed justification at least 30 days before the finding takes effect. Not later than February 1 of each year beginning after the date of enactment of this section, 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— specifies each project with respect to which the Administrator made a finding under subsection
(b)during the preceding calendar year; and describes the justification for each such finding. The Administrator may not impose a limitation or condition on assistance provided under this title that restricts— a State from imposing requirements that are more stringent than those imposed under this section 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 any recipient of assistance from a State water pollution control revolving fund established under this title from complying with such State requirements. Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with amounts made available from a State water pollution control revolving fund established under this title if the Administrator or a court determines that such person intentionally— affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that— were used in a project to which this section applies; and were not produced in the United States; or represented that any steel, iron, or manufactured goods were produced in the United States that— were used in projects to which this section applies; and were not produced in the United States. This section shall be applied in a manner that is consistent with United States obligations under 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 water pollution control revolving fund established under this title, including any project for which the Administrator has made a finding under subsection (b), 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. .
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Sec. 1307
Technical assistance; requirements for use of American materials
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