[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 4034 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 4034

To support United States manufacturing by providing rules and guidance, 
 waiver notices, and departmental and agency actions applicable to the 
   domestic content standards of Federal grants administered by the 
         Department of Transportation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 16, 2010

    Mr. Brown of Ohio (for himself and Mr. Merkley) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To support United States manufacturing by providing rules and guidance, 
 waiver notices, and departmental and agency actions applicable to the 
   domestic content standards of Federal grants administered by the 
         Department of Transportation, and for other purposes.

    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 ``Strengthening Manufacturing and 
Rebuilding Transit Act of 2010'' or the ``SMART Act''.

SEC. 2. PREFERENCE IN AWARDING COMPETITIVE TRANSPORTATION 
              INFRASTRUCTURE GRANTS.

    (a) Preference.--In awarding grants for projects that include the 
purchase of transit vehicle rolling stock, rail, and supporting 
equipment, the Secretary of Transportation shall give preference to a 
project if the manufactured goods to be purchased have a domestic 
content percentage that--
            (1) exceeds otherwise applicable Federal requirements; and
            (2) in the case of rolling stock, is consistent with 
        industry-recognized standards, if available.
    (b) Covered Grants.--The grants referred to in subsection (a) are 
discretionary or competitive grants, loans, loan guarantees, and lines 
of credit--
            (1) authorized under title 23 or 49, United States Code;
            (2) used to fund in full or in part projects eligible for 
        Federal assistance under such titles; or
            (3) for transportation infrastructure projects funded under 
        any Act that appropriates amounts for the Department of 
        Transportation.

SEC. 3. INCREASING THE TRANSPARENCY OF DOMESTIC CONTENT WAIVERS.

    (a) Clarity in Domestic Content Regulations.--The Secretary of 
Transportation shall establish a centralized website that provides 
rules and guidance, waiver notices, and departmental and agency actions 
applicable to the domestic content standards of the Federal-aid 
programs within the jurisdiction of the Department of Transportation.
    (b) Transparency in Waivers.--
            (1) Buy america.--Section 313 of title 23, United States 
        Code, is amended by adding at the end the following:
    ``(g) Other Limitations on Waivers.--
            ``(1) Requests for waivers.--Not later than 7 days after a 
        Federal agency receives a written request for a waiver of any 
        requirement under this section, the head of such agency shall--
                    ``(A) publish the request on a publicly available 
                agency website in an easily identifiable location; and
                    ``(B) provide the public with a minimum of 30 days 
                for notice and comment before issuing the requested 
                waiver.
            ``(2) Waivers granted.--Not later than 30 days after a 
        Federal agency decides to waive any requirement under this 
        section, the head of the agency shall publish the decision and 
        the justification for such decision in the Federal Register and 
        on the publicly available website described in paragraph (1).
            ``(3) Notification of the office of management and 
        budget.--Each Federal agency that grants a waiver of any 
        requirement under this section shall submit to the Director of 
        the Office of Management and Budget--
                    ``(A) a notification of the application of the 
                exception; and
                    ``(B) a statement describing the procurement and 
                the exception being applied.''.
            (2) Public transportation assistance.--Section 5323(j) of 
        title 49, United States Code, is amended by adding at the end 
        the following:
            ``(7) Limitations on waivers.--
                    ``(A) Requests for waivers.--Not later than 7 days 
                after a Federal agency receives a written request for a 
                waiver of any requirement under this subsection or 
                section 5307(d)(1)(E)(iii), the head of such agency 
                shall--
                            ``(i) publish the request on a publicly 
                        available agency website in an easily 
                        identifiable location; and
                            ``(ii) provide the public with a minimum of 
                        30 days for notice and comment before issuing 
                        the requested waiver.
                    ``(B) Waivers granted.--Not later than 30 days 
                after a Federal agency decides to waive any requirement 
                under this subsection or section 5307(d)(1)(E)(iii), 
                the head of the agency shall publish the decision and 
                the justification for such decision in the Federal 
                Register and on the publicly available website 
                described in subparagraph (A).
                    ``(C) Notification of the office of management and 
                budget.--Each Federal agency that grants a waiver of 
                any requirement under this subsection or section 
                5307(d)(1)(E)(iii) shall submit to the Director of the 
                Office of Management and Budget--
                            ``(i) a notification of the application of 
                        the exception; and
                            ``(ii) a statement describing the 
                        procurement and the exception being applied.''.
            (3) Amtrak.--Section 24305(f) of title 49, United States 
        Code, is amended by adding at the end the following:
            ``(5) Limitations on waivers.--
                    ``(A) Requests for waivers.--Not later than 7 days 
                after a Federal agency receives a written request for a 
                waiver of any requirement under this subsection, the 
                head of such agency shall--
                            ``(i) publish the request on a publicly 
                        available agency website in an easily 
                        identifiable location; and
                            ``(ii) provide the public with a minimum of 
                        30 days for notice and comment before issuing 
                        the requested waiver.
                    ``(B) Waivers granted.--Not later than 30 days 
                after a Federal agency decides to waive any requirement 
                under this subsection, the head of the agency shall 
                publish the decision and the justification for such 
                decision in the Federal Register and on the publicly 
                available website described in subparagraph (A).
                    ``(C) Notification of the office of management and 
                budget.--Each Federal agency that grants a waiver of 
                any requirement under this subsection shall submit to 
                the Director of the Office of Management and Budget--
                            ``(i) a notification of the application of 
                        the exception; and
                            ``(ii) a statement describing the 
                        procurement and the exception being applied.''.
            (4) Intercity passenger rail service.--Section 24405(a) of 
        title 49, United States Code, is amended by adding at the end 
        the following:
            ``(12) Limitations on waivers.--
                    ``(A) Requests for waivers.--Not later than 7 days 
                after a Federal agency receives a written request for a 
                waiver of any requirement under this subsection, the 
                head of such agency shall--
                            ``(i) publish the request on a publicly 
                        available agency website in an easily 
                        identifiable location; and
                            ``(ii) provide the public with a minimum of 
                        30 days for notice and comment before issuing 
                        the requested waiver.
                    ``(B) Waivers granted.--Not later than 30 days 
                after a Federal agency decides to waive any requirement 
                under this subsection, the head of the agency shall 
                publish the decision and the justification for such 
                decision in the Federal Register and on the publicly 
                available website described in subparagraph (A).
                    ``(C) Notification of the office of management and 
                budget.--Each Federal agency that grants a waiver of 
                any requirement under this subsection shall submit to 
                the Director of the Office of Management and Budget--
                            ``(i) a notification of the application of 
                        the exception; and
                            ``(ii) a statement describing the 
                        procurement and the exception being applied.''.
    (c) Requirement for Annual Reporting on Exceptions to Domestic 
Source Requirements for Transportation Investments.--
            (1) Report requirement.--
                    (A) In general.--Not later than 60 days after the 
                end of a fiscal year, the Inspector General of the 
                Department of Transportation shall submit a report to 
                Congress on the acquisitions supported by Federal 
                transportation infrastructure investments which did not 
                satisfy applicable domestic content standards.
                    (B) Contents of report.--The report submitted under 
                subparagraph (A) shall include, for the fiscal year 
                covered by such report--
                            (i) the number of all domestic content 
                        waivers issued for transportation 
                        infrastructure, rolling stock, and supporting 
                        equipment purchases;
                            (ii) the countries and specifications of 
                        the products for which waivers were granted;
                            (iii) an itemized list of all waivers 
                        granted with respect to articles, materials, 
                        and supplies;
                            (iv) any law that requires procurement of 
                        goods from a domestic source;
                            (v) a citation to the treaty, international 
                        agreement, or other law under which each waiver 
                        was granted, if applicable;
                            (vi) the specific exception under the 
                        applicable domestic content standards that was 
                        used to purchase such articles, materials, or 
                        supplies, if any articles, materials, or 
                        supplies were acquired from entities that 
                        manufacture articles, materials, or supplies 
                        outside of the United States; and
                            (vii) a summary of--
                                    (I) the total procurement funds 
                                expended on articles, materials, and 
                                supplies manufactured inside the United 
                                States; and
                                    (II) the total procurement funds 
                                expended on articles, materials, and 
                                supplies manufactured outside of the 
                                United States.

SEC. 4. LINK DOMESTIC MANUFACTURERS TO TRANSPORTATION INFRASTRUCTURE 
              AND ROLLING STOCK OPPORTUNITIES.

    The Secretary of Transportation is authorized to work with the 
Hollings Manufacturing Partnership Program and other manufacturing-
related local intermediaries designated by the Secretary to develop a 
multi-agency comprehensive plan to expand domestic rail and transit 
vehicle supply chains with involvement from other applicable Federal 
agencies or industry consortiums--
            (1) to identify United States manufacturers currently 
        producing, or capable of producing, transit and rail vehicles, 
        supporting equipment, component parts, or similarly performing 
        products;
            (2) to work with partners to identify and address gaps in 
        domestic supply chains; and
            (3) to establish and carry out a program to award grants to 
        eligible entities in accordance with this Act.
                                 <all>