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. KAP-
TUR, 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. 
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 ‘‘Keep Americans Work-
ing Building Our Transportation Infrastructure Act’’. 
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SEC. 2. HIGHWAYS. 
(a) WAIVER REQUIREMENT.—Section 313 of title 23, 
United States Code, is amended by adding at the end the 
following: 
‘‘(g) WAIVER REQUIREMENTS.— 
‘‘(1) NOTICE OF WAIVER REQUEST.—The Sec-
retary shall publish on the Internet any request for 
a waiver and provide an opportunity for public com-
ment on the intent to issue a waiver for a period of 
not less than 15 days. The Secretary shall consider 
all comments received during the comment period in 
evaluating the waiver request. 
‘‘(2) REQUIREMENTS FOR WAIVER FINDING.—If 
the Secretary makes a finding under subsection (b) 
with respect to a project, the Secretary— 
‘‘(A) shall publish in the Federal Register, 
before the date on which such finding takes ef-
fect, a detailed written justification as to the 
reasons that such finding is needed; 
‘‘(B) shall provide notice of such finding 
and an opportunity for public comment on such 
finding for a reasonable time period, but not 
less than 15 days; 
‘‘(C) shall review all comments received 
during the comment period after notice of the 
finding; and 
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‘‘(D) may terminate or modify a finding 
based on comments received after the effective 
date of the finding. 
‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in paragraph (2) shall be construed 
to require the effective date of a finding referred to 
in such paragraph to be delayed until after the close 
of the public comment period referred to in para-
graph (2)(B). 
‘‘(h) ANNUAL REPORTS.—Not later than February 1 
of each year beginning after the date of enactment of the 
Keep Americans Working Building Our Transportation 
Infrastructure Act, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Environment 
and Public Works of the Senate a report on the projects 
for which the Secretary made findings under subsection 
(b) during the preceding calendar year and the justifica-
tions for such findings.’’. 
(b) REPEALS.— 
(1) WAIVER NOTIFICATION AND ANNUAL RE-
PORTS.—Section 117 of the SAFETEA-LU Tech-
nical Corrections Act of 2008 is repealed. 
(2) PUBLIC COMMENTS TO WAIVE CERTAIN RE-
QUIREMENTS.—Section 123 of title I of division A of 
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the Consolidated Appropriations Act, 2010 is re-
pealed. 
SEC. 3. TRANSIT. 
Section 5323(j)(3) of title 49, United States Code, 
is amended to read as follows: 
‘‘(3) WAIVER REQUIREMENTS.— 
‘‘(A) NOTICE OF WAIVER REQUEST.—The Sec-
retary shall publish on the Internet any request for 
a waiver and provide an opportunity for public com-
ment on the intent to issue a waiver for a period of 
not less than 15 days. The Secretary shall consider 
all comments received during the comment period in 
evaluating the waiver request. 
‘‘(B) REQUIREMENTS FOR WAIVER FINDING.— 
If the Secretary makes a finding under paragraph 
(2) with respect to a project, the Secretary— 
‘‘(i) shall publish in the Federal Register, 
before the date on which such finding takes ef-
fect, a detailed written justification as to the 
reasons that such finding is needed; 
‘‘(ii) shall provide notice of such finding 
and an opportunity for public comment on such 
finding for a reasonable time period, but not 
less than 15 days; 
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