SMART Infrastructure Act

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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Sustainable Municipal 4 Access to Resilient Technology in Infrastructure Act’’ or 5 the ‘‘SMART Infrastructure Act’’. 6 VerDate Sep 11 2014 22:51 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4687.IH H4687 kjohnson on DSK79L0C42 with BILLS 2 •HR 4687 IH SEC. 2. FAIR AND OPEN COMPETITION REQUIREMENTS. 1 (a) IN GENERAL.—A State, or locality, in accordance 2 with State and local procurement requirements, that re- 3 ceives funds from the Federal Highway Administration, 4 the Army Corps of Engineers, the Environmental Protec- 5 tion Agency, or the Department of Agriculture shall re- 6 quire open and free competition among suppliers of con- 7 struction materials. The State or locality shall have the 8 flexibility to select appropriate construction materials that 9 meet the performance requirements of the contract and 10 enhance the service life, sustainability, and resiliency of 11 the project. 12 (b) CONSTRUCTION MATERIAL.—Subject to sub- 13 section (a), after the date of enactment of this Act, a State 14 or local government shall bid all technically qualified mate- 15 rial unless there is an engineering or economic justifica- 16 tion for selecting one material. Before a procurement is 17 made, a clear description of the performance requirements 18 for construction materials shall be disclosed in the request 19 for proposals. 20 (c) STATUTORY CONSTRUCTION.—Nothing in this 21 section shall be construed to waive any requirements or 22 standards in any provision of law commonly known as Buy 23 America. 24 VerDate Sep 11 2014 22:51 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4687.IH H4687 kjohnson on DSK79L0C42 with BILLS 3 •HR 4687 IH SEC. 3. INTERAGENCY TASK FORCE. 1 (a) ESTABLISHMENT OF TASK FORCE.—Not later 2 than 90 days after the date of enactment of this Act, the 3 Secretary of Transportation, the Administrator of the En- 4 vironmental Protection Agency, the Assistant Secretary of 5 the Army for Civil Works and the Secretary of Agriculture 6 shall establish an interagency task force. 7 (b) COMPREHENSIVE REPORT.—Not later than 1 8 year after the establishment of the interagency task force 9 under subsection (a), the task force shall issue a com- 10 prehensive report that includes the following for federally 11 funded infrastructure projects: 12 (1) Reviews of competition for materials in in- 13 frastructure projects and how States and local gov- 14 ernments are succeeding or failing in ensuring that 15 the bidding process allows for innovative material to 16 be incorporated into new projects. 17 (2) Provides recommendations for incorporating 18 advanced technologies and innovative materials that 19 prioritize sustainability and resiliency in infrastruc- 20 ture projects. 21 (3) Identifies procurement practices at the 22 State and local level that are an artificial barrier to 23 competition for new and innovative materials. 24 (4) Provides recommendations for eliminating 25 any barriers identified in paragraph (3) and how the 26 VerDate Sep 11 2014 22:51 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4687.IH H4687 kjohnson on DSK79L0C42 with BILLS 4 •HR 4687 IH Federal Government can help ensure open competi- 1 tion and competitive bidding processes for all mate- 2 rials used in federally funded infrastructure projects. 3 (5) Reviews how States approve materials and 4 make material recommendations at the local level via 5 preapproved lists. 6 (6) Provides recommendations for incorporating 7 life-cycle assessment, resilience, and sustainability 8 into procurement decisions. 9 Æ VerDate Sep 11 2014 22:51 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H4687.IH H4687 kjohnson on DSK79L0C42 with BILLS