[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4687 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4687

  To waive certain procurement provisions for a project that receives 
                  funds from certain Federal agencies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2019

  Mr. Rouda (for himself, Mr. Babin, Mrs. Napolitano, and Mr. Norman) 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committees on 
 Science, Space, and Technology, Agriculture, and Energy and Commerce, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To waive certain procurement provisions for a project that receives 
                  funds from certain Federal agencies.

    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 ``Sustainable Municipal Access to 
Resilient Technology in Infrastructure Act'' or the ``SMART 
Infrastructure Act''.

SEC. 2. FAIR AND OPEN COMPETITION REQUIREMENTS.

    (a) In General.--A State, or locality, in accordance with State and 
local procurement requirements, that receives funds from the Federal 
Highway Administration, the Army Corps of Engineers, the Environmental 
Protection Agency, or the Department of Agriculture shall require open 
and free competition among suppliers of construction materials. The 
State or locality shall have the flexibility to select appropriate 
construction materials that meet the performance requirements of the 
contract and enhance the service life, sustainability, and resiliency 
of the project.
    (b) Construction Material.--Subject to subsection (a), after the 
date of enactment of this Act, a State or local government shall bid 
all technically qualified material unless there is an engineering or 
economic justification for selecting one material. Before a procurement 
is made, a clear description of the performance requirements for 
construction materials shall be disclosed in the request for proposals.
    (c) Statutory Construction.--Nothing in this section shall be 
construed to waive any requirements or standards in any provision of 
law commonly known as Buy America.

SEC. 3. INTERAGENCY TASK FORCE.

    (a) Establishment of Task Force.--Not later than 90 days after the 
date of enactment of this Act, the Secretary of Transportation, the 
Administrator of the Environmental Protection Agency, the Assistant 
Secretary of the Army for Civil Works and the Secretary of Agriculture 
shall establish an interagency task force.
    (b) Comprehensive Report.--Not later than 1 year after the 
establishment of the interagency task force under subsection (a), the 
task force shall issue a comprehensive report that includes the 
following for federally funded infrastructure projects:
            (1) Reviews of competition for materials in infrastructure 
        projects and how States and local governments are succeeding or 
        failing in ensuring that the bidding process allows for 
        innovative material to be incorporated into new projects.
            (2) Provides recommendations for incorporating advanced 
        technologies and innovative materials that prioritize 
        sustainability and resiliency in infrastructure projects.
            (3) Identifies procurement practices at the State and local 
        level that are an artificial barrier to competition for new and 
        innovative materials.
            (4) Provides recommendations for eliminating any barriers 
        identified in paragraph (3) and how the Federal Government can 
        help ensure open competition and competitive bidding processes 
        for all materials used in federally funded infrastructure 
        projects.
            (5) Reviews how States approve materials and make material 
        recommendations at the local level via preapproved lists.
            (6) Provides recommendations for incorporating life-cycle 
        assessment, resilience, and sustainability into procurement 
        decisions.
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