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 Lou-
isiana, Mr. WEBER of Texas, Mr. DUNCAN of South Carolina, Mr. 
YODER, Mr. SESSIONS, Mr. WEBSTER of Florida, Mr. PERRY, Mr. SAN-
FORD, 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. 
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 ‘‘Municipal Infrastruc-
ture Savings and Transparency Act’’. 
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SEC. 2. WAIVER OF CERTAIN PROCUREMENT REQUIRE-
MENTS. 
(a) IN GENERAL.—Notwithstanding Federal procure-
ment requirements, an engineer, in accordance with State 
and local procurement requirements, for a public agency 
that receives funds from the Federal Highway Administra-
tion, the Army Corps of Engineers, the Environmental 
Protection Agency, or the Department of Agriculture shall 
have maximum flexibility to select appropriate construc-
tion materials that meet the performance requirements of 
the contract and that allows open and free competition 
among suppliers of construction materials. 
(b) CONSTRUCTION MATERIAL.—After the date of 
enactment of this Act, a State or local government may 
not prohibit or restrict any engineer referenced in sub-
section (a), from using a particular construction 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) NO RESTRICTION.—Nothing in this section shall 
limit the professional judgment of a project engineer to 
specify or select any acceptable material based on the per-
formance requirements for a particular project. 
SEC. 3. INTERAGENCY TASK FORCE. 
(a) ESTABLISHMENT OF TASK FORCE.—Not later 
than 90 days after the date of enactment of this Act, the 
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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 are succeeding 
or failing in ensuring that the bidding process allows 
for innovative materials to be incorporated into new 
projects. 
(2) Identifies procurement practices at the 
State and local level that are an artificial barrier to 
competition for new and innovative materials. 
(3) Provides recommendations for eliminating 
any barriers identified in paragraph (2) and how the 
Federal Government can help ensure open competi-
tion and competitive bidding processes for all mate-
rials used in federally-funded infrastructure projects. 
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(4) Reviews how States approve materials and 
make material recommendations at the local level via 
pre-approved lists. 
Æ 
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