I 112th CONGRESS 1st Session H. R. 983 IN THE HOUSE OF REPRESENTATIVES March 9, 2011 Mr. Rahall introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To ensure that American materials are used for Smithsonian construction activities and are sold in Smithsonian gift shops, and for other purposes.

1.

Short title

This Act may be cited as the Buy American at the Smithsonian Act of 2011.

2.

Ensuring American materials are used for Smithsonian construction activities and are sold in Smithsonian gift shops

(a)

In general

Notwithstanding any other provision of law, the Secretary of the Smithsonian Institution may not use any funds made available under Federal law to construct a facility of the Smithsonian Institution or to construct an alteration of such a facility unless the Secretary certifies that, except as provided under subsection (b)— (1)all materials used for construction activities relating to any facility of the Smithsonian Institution are produced in the United States; and (2)all materials for sale in any gift shop of the Smithsonian Institution are produced in the United States. (b)

Exemptions

The Secretary of the Smithsonian Institution may exempt a material used for construction activities relating to a facility of the Smithsonian Institution from inclusion in a certification under subsection (a) if the Secretary finds that— (1)including the material would be inconsistent with the public interest; (2)the material, as produced in the United States, is not produced in a sufficient and reasonably available amount or is not of a satisfactory quality; or (3)use of the material produced in the United States will increase costs by more than 25 percent. (c)

Publication and notice of exemptions

If the Secretary of the Smithsonian Institution determines that it is necessary to exempt a material from inclusion in a certification under subsection (a) based on a finding under subsection (b), the Secretary shall, before the date on which such finding takes effect— (1)publish in the Federal Register a detailed written justification as to why the exemption is needed; and (2)provide notice of such finding and an opportunity for public comment on such finding for a reasonable period of time not to exceed 15 days.