[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3647 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3647

To improve transparency and accountability in the waiver process of the 
     Buy America requirement for certain transportation provisions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 13, 2011

  Ms. Sutton (for herself, Mr. Lipinski, Mr. Hastings of Florida, Ms. 
 Kaptur, Mr. Ryan of Ohio, Mr. Holden, Mr. Murphy of Connecticut, Mr. 
     Yarmuth, Mr. Andrews, Mr. Critz, and Mr. Gene Green of Texas) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To improve transparency and accountability in the waiver process of the 
     Buy America requirement for certain transportation provisions.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keep Americans Working Building Our 
Transportation Infrastructure Act''.

SEC. 2. HIGHWAYS.

    (a) Waiver Requirement.--Section 313 of title 23, United States 
Code, is amended by adding at the end the following:
    ``(g) Waiver Requirements.--
            ``(1) Notice of waiver request.--The Secretary shall 
        publish on the Internet any request for a waiver and provide an 
        opportunity for public comment on the intent to issue a waiver 
        for a period of not less than 15 days. The Secretary shall 
        consider all comments received during the comment period in 
        evaluating the waiver request.
            ``(2) Requirements for waiver finding.--If the Secretary 
        makes a finding under subsection (b) with respect to a project, 
        the Secretary--
                    ``(A) shall publish in the Federal Register, before 
                the date on which such finding takes effect, a detailed 
                written justification as to the reasons that such 
                finding is needed;
                    ``(B) shall provide notice of such finding and an 
                opportunity for public comment on such finding for a 
                reasonable time period, but not less than 15 days;
                    ``(C) shall review all comments received during the 
                comment period after notice of the finding; and
                    ``(D) may terminate or modify a finding based on 
                comments received after the effective date of the 
                finding.
            ``(3) Limitation on statutory construction.--Nothing in 
        paragraph (2) shall be construed to require the effective date 
        of a finding referred to in such paragraph to be delayed until 
        after the close of the public comment period referred to in 
        paragraph (2)(B).
    ``(h) Annual Reports.--Not later than February 1 of each year 
beginning after the date of enactment of the Keep Americans Working 
Building Our Transportation Infrastructure Act, the Secretary 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 on the projects for which the Secretary 
made findings under subsection (b) during the preceding calendar year 
and the justifications for such findings.''.
    (b) Repeals.--
            (1) Waiver notification and annual reports.--Section 117 of 
        the SAFETEA-LU Technical Corrections Act of 2008 is repealed.
            (2) Public comments to waive certain requirements.--Section 
        123 of title I of division A of the Consolidated Appropriations 
        Act, 2010 is repealed.

SEC. 3. TRANSIT.

    Section 5323(j)(3) of title 49, United States Code, is amended to 
read as follows:
    ``(3) Waiver Requirements.--
            ``(A) Notice of waiver request.--The Secretary shall 
        publish on the Internet any request for a waiver and provide an 
        opportunity for public comment on the intent to issue a waiver 
        for a period of not less than 15 days. The Secretary shall 
        consider all comments received during the comment period in 
        evaluating the waiver request.
            ``(B) Requirements for waiver finding.--If the Secretary 
        makes a finding under paragraph (2) with respect to a project, 
        the Secretary--
                    ``(i) shall publish in the Federal Register, before 
                the date on which such finding takes effect, a detailed 
                written justification as to the reasons that such 
                finding is needed;
                    ``(ii) shall provide notice of such finding and an 
                opportunity for public comment on such finding for a 
                reasonable time period, but not less than 15 days;
                    ``(iii) shall review all comments received during 
                the comment period after notice of the finding; and
                    ``(iv) may terminate or modify a finding based on 
                comments received after the effective date of the 
                finding.
            ``(C) Limitation on statutory construction.--Nothing in 
        subparagraph (B) shall be construed to require the effective 
        date of a finding referred to in such subparagraph to be 
        delayed until after the close of the public comment period 
        referred to in subparagraph (B)(ii).
            ``(D) Annual reports.--Not later than February 1 of each 
        year beginning after the date of enactment of the Keep 
        Americans Working Building Our Transportation Infrastructure 
        Act, the Secretary 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 on the projects for which the 
        Secretary made findings under paragraph (2) during the 
        preceding calendar year and the justifications for such 
        findings.''.

SEC. 4. AVIATION.

    Section 50101 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Waiver Requirements.--
            ``(1) Notice of waiver request.--The Secretary shall 
        publish on the Internet any request for a waiver and provide an 
        opportunity for public comment on the intent to issue a waiver 
        for a period of not less than 15 days. The Secretary shall 
        consider all comments received during the comment period in 
        evaluating the waiver request.
            ``(2) Requirements for waiver finding.--If the Secretary 
        makes a finding under subsection (b) with respect to a project, 
        the Secretary--
                    ``(A) shall publish in the Federal Register, before 
                the date on which such finding takes effect, a detailed 
                written justification as to the reasons that such 
                finding is needed;
                    ``(B) shall provide notice of such finding and an 
                opportunity for public comment on such finding for a 
                reasonable time period, but not less than 15 days;
                    ``(C) shall review all comments received during the 
                comment period after notice of the finding; and
                    ``(D) may terminate or modify a finding based on 
                comments received after the effective date of the 
                finding.
            ``(3) Limitation on statutory construction.--Nothing in 
        paragraph (2) shall be construed to require the effective date 
        of a finding referred to in such paragraph to be delayed until 
        after the close of the public comment period referred to in 
        paragraph (2)(B).
    ``(e) Annual Reports.--Not later than February 1 of each year 
beginning after the date of enactment of the Keep Americans Working 
Building Our Transportation Infrastructure Act, the Secretary 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 on the projects for which the Secretary 
made findings under subsection (b) during the preceding calendar year 
and the justifications for such findings.''.

SEC. 5. RAIL.

    (a) Waiver Requirements.--Section 24405(a)(4) of title 49, United 
States Code, is amended to read as follows:
    ``(4) Waiver Requirements.--
            ``(A) Notice of waiver request.--The Secretary shall 
        publish on the Internet any request for a waiver and provide an 
        opportunity for public comment on the intent to issue a waiver 
        for a period of not less than 15 days. The Secretary shall 
        consider all comments received during the comment period in 
        evaluating the waiver request.
            ``(B) Requirements for waiver finding.--If the Secretary 
        makes a finding under paragraph (2) with respect to a project, 
        the Secretary--
                    ``(i) shall publish in the Federal Register, before 
                the date on which such finding takes effect, a detailed 
                written justification as to the reasons that such 
                finding is needed;
                    ``(ii) shall provide notice of such finding and an 
                opportunity for public comment on such finding for a 
                reasonable time period, but not less than 15 days;
                    ``(iii) shall review all comments received during 
                the comment period after notice of the finding; and
                    ``(iv) may terminate or modify a finding based on 
                comments received after the effective date of the 
                finding.
            ``(C) Limitation on statutory construction.--Nothing in 
        subparagraph (B) shall be construed to require the effective 
        date of a finding referred to in such subparagraph to be 
        delayed until after the close of the public comment period 
        referred to in subparagraph (B)(ii).''.
    (b) Annual Reports.--Section 24405(a)(5) of title 49, United States 
Code, is amended to read as follows:
    ``(5) Annual Reports.--Not later than February 1 of each year 
beginning after the date of enactment of the Keep Americans Working 
Building Our Transportation Infrastructure Act, the Secretary 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 on the projects for which the Secretary 
made findings under paragraph (2) during the preceding calendar year 
and the justifications for such findings.''.

SEC. 6. AMTRAK.

    Section 24305(f) of title 49, United States Code, is amended by 
adding at the end the following:
    ``(5) Waiver Requirements.--
            ``(A) Notice of waiver request.--The Secretary shall 
        publish on the Internet any request for a waiver and provide an 
        opportunity for public comment on the intent to issue a waiver 
        for a period of not less than 15 days. The Secretary shall 
        consider all comments received during the comment period in 
        evaluating the waiver request.
            ``(B) Requirements for waiver finding.--If the Secretary 
        makes a finding under paragraph (4) with respect to a project, 
        the Secretary--
                    ``(i) shall publish in the Federal Register, before 
                the date on which such finding takes effect, a detailed 
                written justification as to the reasons that such 
                finding is needed;
                    ``(ii) shall provide notice of such finding and an 
                opportunity for public comment on such finding for a 
                reasonable time period, but not less than 15 days;
                    ``(iii) shall review all comments received during 
                the comment period after notice of the finding; and
                    ``(iv) may terminate or modify a finding based on 
                comments received after the effective date of the 
                finding.
            ``(C) Limitation on statutory construction.--Nothing in 
        subparagraph (B) shall be construed to require the effective 
        date of a finding referred to in such subparagraph to be 
        delayed until after the close of the public comment period 
        referred to in subparagraph (B)(ii).
            ``(D) Annual reports.--Not later than February 1 of each 
        year beginning after the date of enactment of the Keep 
        Americans Working Building Our Transportation Infrastructure 
        Act, the Secretary 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 on the projects for which the 
        Secretary made findings under paragraph (4) during the 
        preceding calendar year and the justifications for such 
        findings.''.
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