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. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. FAIR AND OPEN COMPETITION REQUIREMENTS. 
(a) IN GENERAL.—A State, or locality, in accordance 
with State and local procurement requirements, that re-
ceives funds from the Federal Highway Administration, 
the Army Corps of Engineers, the Environmental Protec-
tion Agency, or the Department of Agriculture shall re-
quire open and free competition among suppliers of con-
struction 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 sub-
section (a), after the date of enactment of this Act, a State 
or local government shall bid all technically qualified mate-
rial unless there is an engineering or economic justifica-
tion 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. 
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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 En-
vironmental 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 com-
prehensive report that includes the following for federally 
funded infrastructure projects: 
(1) Reviews of competition for materials in in-
frastructure projects and how States and local gov-
ernments 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 infrastruc-
ture 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 
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Federal Government can help ensure open competi-
tion and competitive bidding processes for all mate-
rials 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. 
Æ 
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