'Buy American' - The Legislation

"American Iron and Steel" (AIS) provisions appear in two 2014 laws with relation to water and wastewater funding:

2015 Consolidated Appropriations Act - In this act, the AIS language applies to projects receiving Clean Water State Revolving Funds (CWSRF) and Drinking Water State Revolving Funds (DWSRF). The relevant language is as follows:
Sec. 424. (a)(1) None of the funds made available by a State water pollution control revolving fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States.

(2) In this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials.

(b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the "Administrator") finds that -

(1) applying subsection (a) would be inconsistent with the public interest;
(2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.

Water Resources Reform and Development Act (WRRDA) In WRRDA, the AIS provision applies to projects receiving loans through a new funding mechanism created by the Act called the Water Infrastructure Finance and Innovation Authority. WRRDA uses language identical to the Appropriations Act. It also makes permanent the requirement to use AIS for CWSRF projects by amending the Clean Water Act.