I 112th CONGRESS 1st Session H. R. 3647 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.
1.
Short title
This Act may be cited as the Keep Americans Working Building Our Transportation Infrastructure Act.
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.
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. .
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. .
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. .
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. .