Text: H.R.4687 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in House (10/16/2019)

1st Session
H. R. 4687

To waive certain procurement provisions for a project that receives funds from certain Federal agencies.


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


To waive certain procurement provisions for a project that receives funds from certain Federal agencies.

Be it enacted by the Senate and House of Representatives 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”.

SEC. 2. Fair and open competition requirements.

(a) In general.—A State, or locality, in accordance with State and local procurement requirements, that receives funds from the Federal Highway Administration, the Army Corps of Engineers, the Environmental Protection Agency, or the Department of Agriculture shall require open and free competition among suppliers of construction 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 subsection (a), after the date of enactment of this Act, a State or local government shall bid all technically qualified material unless there is an engineering or economic justification 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.

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 Environmental 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 comprehensive report that includes the following for federally funded infrastructure projects:

(1) Reviews of competition for materials in infrastructure projects and how States and local governments 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 infrastructure 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 Federal Government can help ensure open competition and competitive bidding processes for all materials 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.

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