[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1210 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1210

    To improve domestic procurement policies 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

                             June 15, 2011

    Mr. Brown of Ohio (for himself and Mr. Merkley) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
    To improve domestic procurement policies 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 2011'' 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 chapter 53 of title 49, United States 
        Code;
            (2) used to fund in full or in part projects eligible for 
        Federal assistance under such chapter; or
            (3) provided by the Department of Transportation for 
        entities eligible for financial assistance under chapter 53 of 
        title 49, United States Code.

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

    (a) Clarity in Domestic Content Regulations.--The Secretary of 
Transportation shall establish a centralized Web site 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) Public transportation assistance.--Section 5323(j) of 
        title 49, United States Code, is amended--
                    (A) in paragraph (2)(C)(i), by inserting 
                ``(excluding labor costs involved in final assembly)'' 
                after ``United States'';
                    (B) by striking paragraph (4);
                    (C) by redesignating paragraph (5) as paragraph 
                (4); and
                    (D) by inserting after paragraph (4), as 
                redesignated, the following:
    ``(5) Limitations on Waivers.--
            ``(A) Requests for waivers.--Not later than 7 days after 
        the Secretary receives a written request for a waiver of any 
        requirement under this subsection or section 
        5307(d)(1)(E)(iii), the Secretary shall--
                    ``(i) publish the request on a publicly available 
                agency Web site in an easily identifiable location; and
                    ``(ii) provide the public with at least 30 days for 
                notice and comment before issuing the requested waiver.
            ``(B) Waivers granted.--Not later than 30 days after the 
        Secretary decides to waive any requirement under this 
        subsection or section 5307(d)(1)(E)(iii), the Secretary shall 
        publish the decision and the justification for such decision in 
        the Federal Register and on the publicly available Web site 
        described in subparagraph (A).
            ``(C) Notification of the office of management and 
        budget.--If the Secretary grants a waiver of any requirement 
        under this subsection or section 5307(d)(1)(E)(iii), the 
        Secretary 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.''.
            (2) Amtrak.--Section 24305(f) of title 49, United States 
        Code, is amended--
                    (A) in paragraph (4), by striking ``exempt Amtrak 
                from this subsection'' and inserting ``waive paragraph 
                (2)''; and
                    (B) by adding at the end the following:
    ``(5) Limitations on Waivers.--
            ``(A) Requests for waivers.--Not later than 7 days after 
        the Secretary of Transportation receives a written request for 
        a waiver of paragraph (2), the Secretary shall--
                    ``(i) publish the request on a publicly available 
                agency Web site in an easily identifiable location; and
                    ``(ii) provide the public with at least 30 days for 
                notice and comment before issuing the requested waiver.
            ``(B) Waivers granted.--Not later than 30 days after the 
        Secretary decides to waive paragraph (2), the Secretary shall 
        publish the decision and the justification for such decision in 
        the Federal Register and on the publicly available Web site 
        described in subparagraph (A).
            ``(C) Notification of the office of management and 
        budget.--If the Secretary grants a waiver of paragraph (2), the 
        Secretary 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) Intercity passenger rail service.--Section 24405(a) of 
        title 49, United States Code, is amended--
                    (A) by redesignating paragraphs (7) through (11) as 
                paragraphs (8) through (12), respectively; and
                    (B) by inserting after paragraph (6) the following:
    ``(7) Limitations on Waivers.--
            ``(A) Requests for waivers.--Not later than 7 days after 
        the Secretary of Transportation 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 Web site 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 the 
        Secretary decides to waive any requirement under this 
        subsection, the Secretary shall publish the decision and the 
        justification for such decision in the Federal Register and on 
        the publicly available Web site described in subparagraph (A).
            ``(C) Notification of the office of management and 
        budget.--If the Secretary grants a waiver of any requirement 
        under this subsection, the Secretary 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.''.

SEC. 4. REQUIREMENT FOR ANNUAL REPORTING ON EXCEPTIONS TO DOMESTIC 
              SOURCE REQUIREMENTS FOR TRANSPORTATION INVESTMENTS.

    (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 subsection (a) 
shall include, for the fiscal year covered by such report--
            (1) the number of all domestic content waivers issued for 
        transportation infrastructure, rolling stock, and supporting 
        equipment purchases;
            (2) the countries and specifications of the products for 
        which waivers were granted;
            (3) an itemized list of all waivers granted with respect to 
        articles, materials, and supplies;
            (4) any law that requires procurement of goods from a 
        domestic source;
            (5) a citation to the treaty, international agreement, or 
        other law under which each waiver was granted, if applicable;
            (6) 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
            (7) a summary of--
                    (A) the total procurement funds expended on 
                articles, materials, and supplies manufactured inside 
                the United States; and
                    (B) the total procurement funds expended on 
                articles, materials, and supplies manufactured outside 
                of the United States.
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