I 

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. 

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 ‘‘Sustainable Municipal 

5 Access to Resilient Technology in Infrastructure Act’’ or 

6 the ‘‘SMART Infrastructure Act’’. 


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1 SEC. 2. FAIR AND OPEN COMPETITION REQUIREMENTS. 

2 (a) IN GENERAL.—A State, or locality, in accordance 

3 with State and local procurement requirements, that re4 ceives funds from the Federal Highway Administration, 

5 the Army Corps of Engineers, the Environmental Protec6 tion Agency, or the Department of Agriculture shall re7 quire open and free competition among suppliers of con8 struction materials. The State or locality shall have the 

9 flexibility to select appropriate construction materials that 

10 meet the performance requirements of the contract and 

11 enhance the service life, sustainability, and resiliency of 

12 the project. 

13 (b) CONSTRUCTION MATERIAL.—Subject to sub14 section (a), after the date of enactment of this Act, a State 

15 or local government shall bid all technically qualified mate16 rial unless there is an engineering or economic justifica17 tion for selecting one material. Before a procurement is 

18 made, a clear description of the performance requirements 

19 for construction materials shall be disclosed in the request 

20 for proposals. 

21 (c) STATUTORY CONSTRUCTION.—Nothing in this 

22 section shall be construed to waive any requirements or 

23 standards in any provision of law commonly known as Buy 

24 America. 


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1 SEC. 3. INTERAGENCY TASK FORCE. 

2 (a) ESTABLISHMENT OF TASK FORCE.—Not later 

3 than 90 days after the date of enactment of this Act, the 

4 Secretary of Transportation, the Administrator of the En5 vironmental Protection Agency, the Assistant Secretary of 

6 the Army for Civil Works and the Secretary of Agriculture 

7 shall establish an interagency task force. 

8 (b) COMPREHENSIVE REPORT.—Not later than 1 

9 year after the establishment of the interagency task force 

10 under subsection (a), the task force shall issue a com11 prehensive report that includes the following for federally 

12 funded infrastructure projects: 

13 (1) Reviews of competition for materials in in14 frastructure projects and how States and local gov15 ernments are succeeding or failing in ensuring that 

16 the bidding process allows for innovative material to 

17 be incorporated into new projects. 

18 (2) Provides recommendations for incorporating 

19 advanced technologies and innovative materials that 

20 prioritize sustainability and resiliency in infrastruc21 ture projects. 

22 (3) Identifies procurement practices at the 

23 State and local level that are an artificial barrier to 

24 competition for new and innovative materials. 

25 (4) Provides recommendations for eliminating 

26 any barriers identified in paragraph (3) and how the 


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1 Federal Government can help ensure open competi2 tion and competitive bidding processes for all mate3 rials used in federally funded infrastructure projects. 

4 (5) Reviews how States approve materials and 

5 make material recommendations at the local level via 

6 preapproved lists. 

7 (6) Provides recommendations for incorporating 

8 life-cycle assessment, resilience, and sustainability 

9 into procurement decisions. 

Æ 


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