text: 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.
target: Strengthening Manufacturing and Rebuilding Transit Act of 2010 or SMART Act - Requires the Secretary of Transportation (DOT) to give preference to the award of discretionary or competitive grants, loans, loan guarantees, and lines of credit to transportation infrastructure projects, including the purchase of transit vehicle rolling stock, rail, and supporting equipment, in which manufactured goods to be purchased have a domestic content percentage that: (1) exceeds applicable federal requirements; and (2) in the case of rolling stock, is consistent with industry-recognized standards, if available.
  
  Directs the Secretary to establish a centralized website that provides rules and guidance, waiver notices, and agency actions of the domestic content standards (Buy America) for DOT federal-aid programs.
  
  Requires a federal agency head to subject to public notice and comment any request for waiver, and to publication in the Federal Register and notification to Director of the Office of Management and Budget (OMB) of any waiver, of Buy America requirements involving: (1) federal-aid highway and public transportation projects, (2) AMTRAK acquisition and maintenance of equipment and facilities, and (3) intercity passenger rail service corridor capital assistance projects.
  
  Directs the DOT Inspector General to report annually to Congress on acquisitions funded by federal transportation infrastructure investments that do not comply with Buy American requirements.
  
  Authorizes the Secretary to work with the Hollings Manufacturing Partnership Program and other manufacturing-related local intermediaries to develop a multi-agency comprehensive plan to expand domestic manufacturer rail and transit vehicle supply chains.
feat_title: 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.