I 

115TH CONGRESS 

2D SESSION H. R. 5310 

To waive certain procurement provisions for a project that receives funds 

from certain Federal agencies. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2018 

Mr. BABIN (for himself, Mr. HUIZENGA, Mr. NORMAN, Mr. HIGGINS of Louisiana, Mr. WEBER of Texas, Mr. DUNCAN of South Carolina, Mr. 

YODER, Mr. SESSIONS, Mr. WEBSTER of Florida, Mr. PERRY, Mr. SANFORD, and Mr. CHABOT) 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 ‘‘Municipal Infrastruc5 ture Savings and Transparency Act’’. 


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1 SEC. 2. WAIVER OF CERTAIN PROCUREMENT REQUIRE2 MENTS. 

3 (a) IN GENERAL.—Notwithstanding Federal procure4 ment requirements, an engineer, in accordance with State 

5 and local procurement requirements, for a public agency 

6 that receives funds from the Federal Highway Administra7 tion, the Army Corps of Engineers, the Environmental 

8 Protection Agency, or the Department of Agriculture shall 

9 have maximum flexibility to select appropriate construc10 tion materials that meet the performance requirements of 

11 the contract and that allows open and free competition 

12 among suppliers of construction materials. 

13 (b) CONSTRUCTION MATERIAL.—After the date of 

14 enactment of this Act, a State or local government may 

15 not prohibit or restrict any engineer referenced in sub16 section (a), from using a particular construction material. 

17 Before a procurement is made, a clear description of the 

18 performance requirements for construction materials shall 

19 be disclosed in the request for proposals. 

20 (c) NO RESTRICTION.—Nothing in this section shall 

21 limit the professional judgment of a project engineer to 

22 specify or select any acceptable material based on the per23 formance requirements for a particular project. 

24 SEC. 3. INTERAGENCY TASK FORCE. 

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

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


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1 Secretary of Transportation, the Administrator of the En2 vironmental Protection Agency, the Assistant Secretary of 

3 the Army for Civil Works and the Secretary of Agriculture 

4 shall establish an interagency task force. 

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

6 year after the establishment of the interagency task force 

7 under subsection (a), the task force shall issue a com8 prehensive report that includes the following for federally9 funded infrastructure projects: 

10 (1) Reviews of competition for materials in in11 frastructure projects and how States are succeeding 

12 or failing in ensuring that the bidding process allows 

13 for innovative materials to be incorporated into new 

14 projects. 

15 (2) Identifies procurement practices at the 

16 State and local level that are an artificial barrier to 

17 competition for new and innovative materials. 

18 (3) Provides recommendations for eliminating 

19 any barriers identified in paragraph (2) and how the 

20 Federal Government can help ensure open competi21 tion and competitive bidding processes for all mate22 rials used in federally-funded infrastructure projects. 


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1 (4) Reviews how States approve materials and 

2 make material recommendations at the local level via 

3 pre-approved lists. 

Æ 


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