I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Keep Americans Work5 ing Building Our Transportation Infrastructure Act’’. 


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1 SEC. 2. HIGHWAYS. 

2 (a) WAIVER REQUIREMENT.—Section 313 of title 23, 

3 United States Code, is amended by adding at the end the 

4 following: 

5 ‘‘(g) WAIVER REQUIREMENTS.— 

6 ‘‘(1) NOTICE OF WAIVER REQUEST.—The Sec7 retary shall publish on the Internet any request for 

8 a waiver and provide an opportunity for public com9 ment on the intent to issue a waiver for a period of 

10 not less than 15 days. The Secretary shall consider 

11 all comments received during the comment period in 

12 evaluating the waiver request. 

13 ‘‘(2) REQUIREMENTS FOR WAIVER FINDING.—If 

14 the Secretary makes a finding under subsection (b) 

15 with respect to a project, the Secretary— 

16 ‘‘(A) shall publish in the Federal Register, 

17 before the date on which such finding takes ef18 fect, a detailed written justification as to the 

19 reasons that such finding is needed; 

20 ‘‘(B) shall provide notice of such finding 

21 and an opportunity for public comment on such 

22 finding for a reasonable time period, but not 

23 less than 15 days; 

24 ‘‘(C) shall review all comments received 

25 during the comment period after notice of the 

26 finding; and 


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1 ‘‘(D) may terminate or modify a finding 

2 based on comments received after the effective 

3 date of the finding. 

4 ‘‘(3) LIMITATION ON STATUTORY CONSTRUC5 TION.—Nothing in paragraph (2) shall be construed 

6 to require the effective date of a finding referred to 

7 in such paragraph to be delayed until after the close 

8 of the public comment period referred to in para9 graph (2)(B). 

10 ‘‘(h) ANNUAL REPORTS.—Not later than February 1 

11 of each year beginning after the date of enactment of the 

12 Keep Americans Working Building Our Transportation 

13 Infrastructure Act, the Secretary shall submit to the Com14 mittee on Transportation and Infrastructure of the House 

15 of Representatives and the Committee on Environment 

16 and Public Works of the Senate a report on the projects 

17 for which the Secretary made findings under subsection 

18 (b) during the preceding calendar year and the justifica19 tions for such findings.’’. 

20 (b) REPEALS.— 

21 (1) WAIVER NOTIFICATION AND ANNUAL RE22 PORTS.—Section 117 of the SAFETEA-LU Tech23 nical Corrections Act of 2008 is repealed. 

24 (2) PUBLIC COMMENTS TO WAIVE CERTAIN RE25 QUIREMENTS.—Section 123 of title I of division A of 


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1 the Consolidated Appropriations Act, 2010 is re2 pealed. 

3 SEC. 3. TRANSIT. 

4 Section 5323(j)(3) of title 49, United States Code, 

5 is amended to read as follows: 

6 ‘‘(3) WAIVER REQUIREMENTS.— 

7 ‘‘(A) NOTICE OF WAIVER REQUEST.—The Sec8 retary shall publish on the Internet any request for 

9 a waiver and provide an opportunity for public com10 ment on the intent to issue a waiver for a period of 

11 not less than 15 days. The Secretary shall consider 

12 all comments received during the comment period in 

13 evaluating the waiver request. 

14 ‘‘(B) REQUIREMENTS FOR WAIVER FINDING.— 

15 If the Secretary makes a finding under paragraph 

16 (2) with respect to a project, the Secretary— 

17 ‘‘(i) shall publish in the Federal Register, 

18 before the date on which such finding takes ef19 fect, a detailed written justification as to the 

20 reasons that such finding is needed; 

21 ‘‘(ii) shall provide notice of such finding 

22 and an opportunity for public comment on such 

23 finding for a reasonable time period, but not 

24 less than 15 days; 


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1 ‘‘(iii) shall review all comments received 

2 during the comment period after notice of the 

3 finding; and 

4 ‘‘(iv) may terminate or modify a finding 

5 based on comments received after the effective 

6 date of the finding. 

7 ‘‘(C) LIMITATION ON STATUTORY CONSTRUC8 TION.—Nothing in subparagraph (B) shall be con9 strued to require the effective date of a finding re10 ferred to in such subparagraph to be delayed until 

11 after the close of the public comment period referred 

12 to in subparagraph (B)(ii). 

13 ‘‘(D) ANNUAL REPORTS.—Not later than Feb14 ruary 1 of each year beginning after the date of en15 actment of the Keep Americans Working Building 

16 Our Transportation Infrastructure Act, the Sec17 retary shall submit to the Committee on Transpor18 tation and Infrastructure of the House of Represent19 atives and the Committee on Environment and Pub20 lic Works of the Senate a report on the projects for 

21 which the Secretary made findings under paragraph 

22 (2) during the preceding calendar year and the jus23 tifications for such findings.’’. 


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1 SEC. 4. AVIATION. 

2 Section 50101 of title 49, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(d) WAIVER REQUIREMENTS.— 

5 ‘‘(1) NOTICE OF WAIVER REQUEST.—The Sec6 retary shall publish on the Internet any request for 

7 a waiver and provide an opportunity for public com8 ment on the intent to issue a waiver for a period of 

9 not less than 15 days. The Secretary shall consider 

10 all comments received during the comment period in 

11 evaluating the waiver request. 

12 ‘‘(2) REQUIREMENTS FOR WAIVER FINDING.—If 

13 the Secretary makes a finding under subsection (b) 

14 with respect to a project, the Secretary— 

15 ‘‘(A) shall publish in the Federal Register, 

16 before the date on which such finding takes ef17 fect, a detailed written justification as to the 

18 reasons that such finding is needed; 

19 ‘‘(B) shall provide notice of such finding 

20 and an opportunity for public comment on such 

21 finding for a reasonable time period, but not 

22 less than 15 days; 

23 ‘‘(C) shall review all comments received 

24 during the comment period after notice of the 

25 finding; and 


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1 ‘‘(D) may terminate or modify a finding 

2 based on comments received after the effective 

3 date of the finding. 

4 ‘‘(3) LIMITATION ON STATUTORY CONSTRUC5 TION.—Nothing in paragraph (2) shall be construed 

6 to require the effective date of a finding referred to 

7 in such paragraph to be delayed until after the close 

8 of the public comment period referred to in para9 graph (2)(B). 

10 ‘‘(e) ANNUAL REPORTS.—Not later than February 1 

11 of each year beginning after the date of enactment of the 

12 Keep Americans Working Building Our Transportation 

13 Infrastructure Act, the Secretary shall submit to the Com14 mittee on Transportation and Infrastructure of the House 

15 of Representatives and the Committee on Environment 

16 and Public Works of the Senate a report on the projects 

17 for which the Secretary made findings under subsection 

18 (b) during the preceding calendar year and the justifica19 tions for such findings.’’. 

20 SEC. 5. RAIL. 

21 (a) WAIVER REQUIREMENTS.—Section 24405(a)(4) 

22 of title 49, United States Code, is amended to read as 

23 follows: 

24 ‘‘(4) WAIVER REQUIREMENTS.— 


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1 ‘‘(A) NOTICE OF WAIVER REQUEST.—The Sec2 retary shall publish on the Internet any request for 

3 a waiver and provide an opportunity for public com4 ment on the intent to issue a waiver for a period of 

5 not less than 15 days. The Secretary shall consider 

6 all comments received during the comment period in 

7 evaluating the waiver request. 

8 ‘‘(B) REQUIREMENTS FOR WAIVER FINDING.— 

9 If the Secretary makes a finding under paragraph 

10 (2) with respect to a project, the Secretary— 

11 ‘‘(i) shall publish in the Federal Register, 

12 before the date on which such finding takes ef13 fect, a detailed written justification as to the 

14 reasons that such finding is needed; 

15 ‘‘(ii) shall provide notice of such finding 

16 and an opportunity for public comment on such 

17 finding for a reasonable time period, but not 

18 less than 15 days; 

19 ‘‘(iii) shall review all comments received 

20 during the comment period after notice of the 

21 finding; and 

22 ‘‘(iv) may terminate or modify a finding 

23 based on comments received after the effective 

24 date of the finding. 


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1 ‘‘(C) LIMITATION ON STATUTORY CONSTRUC2 TION.—Nothing in subparagraph (B) shall be con3 strued to require the effective date of a finding re4 ferred to in such subparagraph to be delayed until 

5 after the close of the public comment period referred 

6 to in subparagraph (B)(ii).’’. 

7 (b) ANNUAL REPORTS.—Section 24405(a)(5) of title 

8 49, United States Code, is amended to read as follows: 

9 ‘‘(5) ANNUAL REPORTS.—Not later than February 1 

10 of each year beginning after the date of enactment of the 

11 Keep Americans Working Building Our Transportation 

12 Infrastructure Act, the Secretary shall submit to the Com13 mittee on Transportation and Infrastructure of the House 

14 of Representatives and the Committee on Environment 

15 and Public Works of the Senate a report on the projects 

16 for which the Secretary made findings under paragraph 

17 (2) during the preceding calendar year and the justifica18 tions for such findings.’’. 

19 SEC. 6. AMTRAK. 

20 Section 24305(f) of title 49, United States Code, is 

21 amended by adding at the end the following: 

22 ‘‘(5) WAIVER REQUIREMENTS.— 

23 ‘‘(A) NOTICE OF WAIVER REQUEST.—The Sec24 retary shall publish on the Internet any request for 

25 a waiver and provide an opportunity for public comVerDate Mar 15 2010 04:26 Dec 20, 2011 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3647.IH H3647

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1 ment on the intent to issue a waiver for a period of 

2 not less than 15 days. The Secretary shall consider 

3 all comments received during the comment period in 

4 evaluating the waiver request. 

5 ‘‘(B) REQUIREMENTS FOR WAIVER FINDING.— 

6 If the Secretary makes a finding under paragraph 

7 (4) with respect to a project, the Secretary— 

8 ‘‘(i) shall publish in the Federal Register, 

9 before the date on which such finding takes ef10 fect, a detailed written justification as to the 

11 reasons that such finding is needed; 

12 ‘‘(ii) shall provide notice of such finding 

13 and an opportunity for public comment on such 

14 finding for a reasonable time period, but not 

15 less than 15 days; 

16 ‘‘(iii) shall review all comments received 

17 during the comment period after notice of the 

18 finding; and 

19 ‘‘(iv) may terminate or modify a finding 

20 based on comments received after the effective 

21 date of the finding. 

22 ‘‘(C) LIMITATION ON STATUTORY CONSTRUC23 TION.—Nothing in subparagraph (B) shall be con24 strued to require the effective date of a finding re25 ferred to in such subparagraph to be delayed until 


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1 after the close of the public comment period referred 

2 to in subparagraph (B)(ii). 

3 ‘‘(D) ANNUAL REPORTS.—Not later than Feb4 ruary 1 of each year beginning after the date of en5 actment of the Keep Americans Working Building 

6 Our Transportation Infrastructure Act, the Sec7 retary shall submit to the Committee on Transpor8 tation and Infrastructure of the House of Represent9 atives and the Committee on Environment and Pub10 lic Works of the Senate a report on the projects for 

11 which the Secretary made findings under paragraph 

12 (4) during the preceding calendar year and the jus13 tifications for such findings.’’. 

Æ 


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