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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Dr. Chris
Kirkpatrick Whistleblower Protection Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.

                      TITLE I--EMPLOYEES GENERALLY

Sec. 101. Definitions.
Sec. 102. Stays; probationary employees.
Sec. 103. Prohibited personnel practices.
Sec. 104. Discipline of supervisors based on retaliation against
          whistleblowers.
Sec. 105. Suicide by employees.
Sec. 106. Training for supervisors.
Sec. 107. Information on whistleblower protections.

           TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES

Sec. 201. Prevention of unauthorized access to medical records of
          employees of the Department of Veterans Affairs.
Sec. 202. Outreach on availability of mental health services available
          to employees of the Department of Veterans Affairs.
Sec. 203. Protocols to address threats against employees of the
          Department of Veterans Affairs.
Sec. 204. Comptroller General of the United States study on
          accountability of chiefs of police of Department of Veterans
          Affairs medical centers.

                      TITLE I--EMPLOYEES GENERALLY

    SEC. 101. DEFINITIONS.
    In this title--
        (1) the term ``agency''--
            (A) except as provided in subparagraph (B), means an entity
        that is an agency, as defined under section 2302 of title 5,
        United States Code, without regard to whether one or more
        portions of title 5 of the United States Code are inapplicable
        to the entity; and
            (B) does not include any entity that is an element of the
        intelligence community, as defined in section 3(4) of the
        National Security Act of 1947 (50 U.S.C. 3003(4));
        (2) the term ``employee'' means an employee (as defined in
    section 2105 of title 5, United States Code) of an agency; and
        (3) the term ``personnel action'' has the meaning given that
    term under section 2302 of title 5, United States Code.
    SEC. 102. STAYS; PROBATIONARY EMPLOYEES.
    (a) Request by Special Counsel.--Section 1214(b)(1) of title 5,
United States Code, is amended by adding at the end the following:
    ``(E) If the Merit Systems Protection Board grants a stay under
this subsection, the head of the agency employing the employee shall
give priority to a request for a transfer submitted by the employee.''.
    (b) Probationary Employees.--Section 1221 of title 5, United States
Code, is amended by adding at the end the following:
    ``(k) If the Merit Systems Protection Board grants a stay to an
employee in probationary status under subsection (c), the head of the
agency employing the employee shall give priority to a request for a
transfer submitted by the employee.''.
    (c) Study Regarding Retaliation Against Probationary Employees.--
The Comptroller General of the United States shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Government Reform of the House of
Representatives a report discussing retaliation against employees in
probationary status.
    SEC. 103. PROHIBITED PERSONNEL PRACTICES.
    Section 2302(b) of title 5, United States Code, is amended--
        (1) in paragraph (12), by striking ``or'' at the end;
        (2) in paragraph (13), by striking the period at the end and
    inserting ``; or''; and
        (3) by inserting after paragraph (13) the following:
        ``(14) access the medical record of another employee or an
    applicant for employment as a part of, or otherwise in furtherance
    of, any conduct described in paragraphs (1) through (13).''.
    SEC. 104. DISCIPLINE OF SUPERVISORS BASED ON RETALIATION AGAINST
      WHISTLEBLOWERS.
    (a) In General.--Subchapter II of chapter 75 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 7515. Discipline of supervisors based on retaliation against
    whistleblowers
    ``(a) Definitions.--In this section--
        ``(1) the term `agency'--
            ``(A) except as provided in subparagraph (B), means an
        entity that is an agency, as defined under section 2302,
        without regard to whether any other provision of this chapter
        is applicable to the entity; and
            ``(B) does not include any entity that is an element of the
        intelligence community, as defined in section 3(4) of the
        National Security Act of 1947 (50 U.S.C. 3003(4));
        ``(2) the term `prohibited personnel action' means taking or
    failing to take an action in violation of paragraph (8), (9), or
    (14) of section 2302(b) against an employee of an agency; and
        ``(3) the term `supervisor' means an employee who would be a
    supervisor, as defined under section 7103(a), if the entity
    employing the employee was an agency.
    ``(b) Proposed Disciplinary Actions.--
        ``(1) In general.--If the head of the agency employing a
    supervisor, an administrative law judge, the Merit Systems
    Protection Board, the Special Counsel, a judge of the United
    States, or the Inspector General of the agency employing a
    supervisor determines that the supervisor has committed a
    prohibited personnel action, the head of the agency employing the
    supervisor, in accordance with the procedures required under
    paragraph (2)--
            ``(A) for the first prohibited personnel action committed
        by a supervisor--
                ``(i) shall propose suspending the supervisor for a
            period of not less than 3 days; and
                ``(ii) may, in addition to a suspension described in
            clause (i), propose any other action, including a reduction
            in grade or pay, that the head of the agency determines
            appropriate; and
            ``(B) for the second prohibited personnel action committed
        by a supervisor, shall propose removing the supervisor.
        ``(2) Procedures.--
            ``(A) Notice.--A supervisor against whom an action is
        proposed to be taken under paragraph (1) is entitled to written
        notice--
                ``(i) stating the specific reasons for the proposed
            action; and
                ``(ii) informing the supervisor of the right of the
            supervisor to review the material which is relied on to
            support the reasons for the proposed action.
            ``(B) Answer and evidence.--
                ``(i) In general.--A supervisor who is notified under
            subparagraph (A) that the supervisor is the subject of a
            proposed action under paragraph (1) is entitled to 14 days
            following such notification to answer and furnish evidence
            in support of the answer.
                ``(ii) No evidence furnished; insufficient evidence.--
            After the end of the 14-day period described in clause (i),
            if a supervisor does not furnish evidence as described in
            clause (i) or if the head of the agency determines that
            such evidence is not sufficient to reverse the proposed
            action, the head of the agency shall carry out the action.
            ``(C) Scope of procedures.--An action carried out under
        this section--
                ``(i) except as provided in clause (ii), shall be
            subject to the same requirements and procedures (including
            regarding appeals) as an action under section 7503, 7513,
            or 7543; and
                ``(ii) shall not be subject to--

                    ``(I) paragraphs (1) and (2) of section 7503(b);
                    ``(II) paragraphs (1) and (2) of subsection (b) and
                subsection (c) of section 7513; or
                    ``(III) paragraphs (1) and (2) of subsection (b)
                and subsection (c) of section 7543.

        ``(3) Delegation.--
            ``(A) In general.--Except as provided in paragraph (B), the
        head of an agency may delegate any authority or responsibility
        under this subsection.
            ``(B) Nondelegability of determination regarding prohibited
        personnel action.--If the head of an agency is responsible for
        determining whether a supervisor has committed a prohibited
        personnel action for purposes of paragraph (1), the head of the
        agency may not delegate that responsibility.''.
    (b) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 75 of title 5, United States Code, is amended
by adding at the end the following:

``7515. Discipline of supervisors based on retaliation against
          whistleblowers.''.
    SEC. 105. SUICIDE BY EMPLOYEES.
    (a) Referral.--The head of an agency shall refer to the Special
Counsel, along with any information known to the agency regarding the
circumstances described in paragraphs (2) and (3), any instance in
which the head of the agency has information indicating--
        (1) an employee of the agency committed suicide;
        (2) prior to the death of the employee, the employee made any
    disclosure of information which reasonably evidences--
            (A) any violation of any law, rule, or regulation; or
            (B) gross mismanagement, a gross waste of funds, an abuse
        of authority, or a substantial and specific danger to public
        health or safety; and
        (3) after a disclosure described in paragraph (2), a personnel
    action was taken against the employee.
    (b) Office of Special Counsel Review.--For any referral to the
Special Counsel under subsection (a), the Special Counsel shall--
        (1) examine whether any personnel action was taken because of
    any disclosure of information described in subsection (a)(2); and
        (2) take any action the Special Counsel determines appropriate
    under subchapter II of chapter 12 of title 5, United States Code.
    SEC. 106. TRAINING FOR SUPERVISORS.
    In consultation with the Special Counsel and the Inspector General
of the agency (or senior ethics official of the agency for an agency
without an Inspector General), the head of each agency shall provide
training regarding how to respond to complaints alleging a violation of
whistleblower protections (as defined in section 2307 of title 5,
United States Code, as added by section 107) available to employees of
the agency--
        (1) to employees appointed to supervisory positions in the
    agency who have not previously served as a supervisor; and
        (2) on an annual basis, to all employees of the agency serving
    in a supervisory position.
    SEC. 107. INFORMATION ON WHISTLEBLOWER PROTECTIONS.
    (a) Existing Provision.--
        (1) In general.--Section 2302 of title 5, United States Code,
    is amended--
            (A) by striking subsection (c); and
            (B) by redesignating subsections (d), (e), and (f) as
        subsections (c), (d), and (e), respectively.
        (2) Technical and conforming amendments.--
            (A) Section 4505a(b)(2) of title 5, United States Code, is
        amended by striking ``section 2302(d)'' and inserting ``section
        2302(c)''.
            (B) Section 5755(b)(2) of title 5, United States Code, is
        amended by striking ``section 2302(d)'' and inserting ``section
        2302(c)''.
            (C) Section 110(b)(2) of the Whistleblower Protection
        Enhancement Act of 2012 (5 U.S.C. 2302 note) is amended by
        striking ``section 2302(f)(1) or (2)'' and inserting ``section
        2302(e)(1) or (2)''.
            (D) Section 1217(d)(3) of the Panama Canal Act of 1979 (22
        U.S.C. 3657(d)(3)) is amended by striking ``section 2302(d)''
        and inserting ``section 2302(c)''.
            (E) Section 1233(b) of the Panama Canal Act of 1979 (22
        U.S.C. 3673(b)) is amended by striking ``section 2302(d)'' and
        inserting ``section 2302(c)''.
    (b) Provision of Information.--Chapter 23 of title 5, United States
Code, is amended by adding at the end the following:
``Sec. 2307. Information on whistleblower protections
    ``(a) Definitions.--In this section--
        ``(1) the term `agency'--
            ``(A) except as provided in subparagraph (B), has the
        meaning given that term in section 2302; and
            ``(B) does not include any entity that is an element of the
        intelligence community, as defined in section 3(4) of the
        National Security Act of 1947 (50 U.S.C. 3003(4));
        ``(2) the term `new employee' means an individual--
            ``(A) appointed to a position as an employee of an agency
        on or after the date of enactment of the Dr. Chris Kirkpatrick
        Whistleblower Protection Act of 2017; and
            ``(B) who has not previously served as an employee; and
        ``(3) the term `whistleblower protections' means the
    protections against and remedies for a prohibited personnel
    practice described in paragraph (8), subparagraph (A)(i), (B), (C),
    or (D) of paragraph (9), or paragraph (14) of section 2302(b).
    ``(b) Responsibilities of Head of Agency.--The head of each agency
shall be responsible for the prevention of prohibited personnel
practices, for the compliance with and enforcement of applicable civil
service laws, rules, and regulations, and other aspects of personnel
management, and for ensuring (in consultation with the Special Counsel
and the Inspector General of the agency) that employees of the agency
are informed of the rights and remedies available to them under this
chapter and chapter 12, including--
        ``(1) information regarding whistleblower protections available
    to new employees during the probationary period;
        ``(2) the role of the Office of Special Counsel and the Merit
    Systems Protection Board with regard to whistleblower protections;
    and
        ``(3) how to make a lawful disclosure of information that is
    specifically required by law or Executive order to be kept
    classified in the interest of national defense or the conduct of
    foreign affairs to the Special Counsel, the Inspector General of an
    agency, Congress, or other agency employee designated to receive
    such disclosures.
    ``(c) Timing.--The head of each agency shall ensure that the
information required to be provided under subsection (b) is provided to
each new employee of the agency not later than 6 months after the date
the new employee begins performing service as an employee.
    ``(d) Information Online.--The head of each agency shall make
available information regarding whistleblower protections applicable to
employees of the agency on the public website of the agency, and on any
online portal that is made available only to employees of the agency if
one exists.
    ``(e) Delegees.--Any employee to whom the head of an agency
delegates authority for personnel management, or for any aspect
thereof, shall, within the limits of the scope of the delegation, be
responsible for the activities described in subsection (b).''.
    (c) Technical and Conforming Amendment.--The table of sections for
chapter 23 of title 5, United States Code, is amended by adding at the
end the following:

``2307. Information on whistleblower protections.''.

           TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES

    SEC. 201. PREVENTION OF UNAUTHORIZED ACCESS TO MEDICAL RECORDS OF
      EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
    (a) Development of Plan.--
        (1) In general.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of Veterans Affairs shall--
            (A) develop a plan to prevent access to the medical records
        of employees of the Department of Veterans Affairs by employees
        of the Department who are not authorized to access such
        records;
            (B) submit to the appropriate committees of Congress the
        plan developed under subparagraph (A); and
            (C) upon request, provide a briefing to the appropriate
        committees of Congress with respect to the plan developed under
        subparagraph (A).
        (2) Elements.--The plan required under paragraph (1) shall
    include the following:
            (A) A detailed assessment of strategic goals of the
        Department for the prevention of unauthorized access to the
        medical records of employees of the Department.
            (B) A list of circumstances in which an employee of the
        Department who is not a health care provider or an assistant to
        a health care provider would be authorized to access the
        medical records of another employee of the Department.
            (C) Steps that the Secretary will take to acquire new or
        implement existing technology to prevent an employee of the
        Department from accessing the medical records of another
        employee of the Department without a specific need to access
        such records.
            (D) Steps the Secretary will take, including plans to issue
        new regulations, as necessary, to ensure that an employee of
        the Department may not access the medical records of another
        employee of the Department for the purpose of retrieving
        demographic information if that demographic information is
        available to the employee in another location or through
        another format.
            (E) A proposed timetable for the implementation of such
        plan.
            (F) An estimate of the costs associated with implementing
        such plan.
    (b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
        (1) the Committee on Homeland Security and Governmental Affairs
    and the Committee on Veterans' Affairs of the Senate; and
        (2) the Committee on Oversight and Government Reform and the
    Committee on Veterans' Affairs of the House of Representatives.
    SEC. 202. OUTREACH ON AVAILABILITY OF MENTAL HEALTH SERVICES
      AVAILABLE TO EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
    The Secretary of Veterans Affairs shall conduct a program of
outreach to employees of the Department of Veterans Affairs to inform
those employees of any mental health services, including telemedicine
options, that are available to them.
    SEC. 203. PROTOCOLS TO ADDRESS THREATS AGAINST EMPLOYEES OF THE
      DEPARTMENT OF VETERANS AFFAIRS.
    The Secretary of Veterans Affairs shall ensure protocols are in
effect to address threats from individuals receiving health care from
the Department of Veterans Affairs directed towards employees of the
Department who are providing such health care.
    SEC. 204. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON
      ACCOUNTABILITY OF CHIEFS OF POLICE OF DEPARTMENT OF VETERANS
      AFFAIRS MEDICAL CENTERS.
    The Comptroller General of the United States shall conduct a study
to assess the reporting, staffing, accountability, and chain of command
structure of the Department of Veterans Affairs police officers at
medical centers of the Department.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output: (This measure has not been amended since it was reported to the Senate on May 4, 2017 .  Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 TITLE I--EMPLOYEES GENERALLY (Sec. 102) This bill directs federal agencies (excluding any entity that is an element of the intelligence community) to give priority to an employee transfer request if the Merit Systems Protections Board (MSPB) grants a stay of a personnel action at the request of: (1) the Office of Special Counsel (OSC) if the OSC determines the personnel action was taken, or is to be taken, as a result of a prohibited personnel practice; or (2) the employee if the individual is in probationary status and seeks corrective action. The Government Accountability Office (GAO) shall report to Congress on retaliation against employees in probationary status. (Sec. 103) The bill: (1) prohibits any employee who has the authority to take a personnel action to access the medical records of another employee or applicant for employment, (2) authorizes disciplinary action against supervisors for retaliation against whistleblowers.  (Sec. 105) Agencies must: (1) refer information about employee suicides to the OSC, (2) train supervisors on responding to complaints alleging whistleblower protections violations, (3) provide information regarding whistleblower protections to new employees during probationary periods, (4) inform employees of the role of the OSC and the MSPB with regard to whistleblower protection, and (5) make information about such protections available on agency websites.  TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES (Sec. 201) The Department of Veterans Affairs (VA) must: (1) submit a plan to prevent unauthorized access to the medical records of VA employees; (2) conduct an outreach program to inform its employees of available mental health services, including telemedicine options; and (3) ensure protocols are in effect to address threats against VA employees providing health care.  (Sec. 204) The GAO shall assess the reporting, staffing, accountability, and chain of command structure of the VA police officers at VA medical centers.


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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nursing Education Opportunities
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The American Hospital Association reported in July 2007
        that United States hospitals need approximately 116,000
        registered nurses to fill vacant positions nationwide.
            (2) To address the shortage of qualified nurses, schools of
        nursing have developed accelerated, second-baccalaureate degree
        programs in nursing. In 2005, these programs graduated 3,769
        students. The number of accelerated degree graduates in 2006
        was 5,236. This is an additional 1,467 nursing graduates in 1
        year.
            (3) Despite the nurse shortage and efforts to increase the
        pool of qualified nurses, schools of nursing struggle to
        increase student capacity. According to the American
        Association of Colleges of Nursing (referred to in this Act as
        the ``AACN''), United States nursing schools turned away nearly
        43,000 qualified applicants in 2006 primarily due to an
        insufficient number of faculty.
            (4) The AACN reported in July 2006, a total of 637 faculty
        vacancies at 329 nursing schools with baccalaureate or graduate
        programs, or both, across the Nation. Besides the vacancies,
        schools cited the need to create an additional 55 faculty
        positions to accommodate student demand. Most of the vacancies
        (53.7 percent) were faculty positions requiring a doctoral
        degree.
            (5) In 2007, the Association of Academic Health Centers
        surveyed chief executive officers (CEOs) from academic health
        centers regarding faculty shortages across various health
        professions. The CEOs rated the nursing faculty shortage as the
        most severe of all health professions with 81 percent noting
        the nursing faculty shortage as a problem.
            (6) The average ages of doctorally-prepared nurse faculty
        holding the ranks of professor, associate professor, and
        assistant professor are 58.6, 55.8, and 51.6 years,
        respectively. Considering the average age of nurse faculty at
        retirement is 62.5 years, a wave of nurse faculty retirements
        is expected in the next decade.
            (7) Master's and doctoral programs in nursing are not
        producing a large enough pool of potential nurse educators to
        meet the demand. In 2006, the AACN found that graduations from
        doctoral nursing programs were up by only 1.4 percent from the
        previous academic year.
            (8) Nurses are vital to the Nation's health care delivery
        system. Due to the nurse shortage, patient safety and quality
        of care are at risk. Given the findings described in paragraphs
        (1) through (7), measures must be taken to address the nurse
        shortage and nursing faculty shortage.

SEC. 3. NURSING STUDENT LOAN PROGRAM.

    Title VIII of the Public Health Service Act (42 U.S.C. 296 et seq.)
is amended--
            (1) in section 835(b)(4), by inserting ``(including a
        student in an accelerated nursing degree program who is
        pursuing a second baccalaureate degree or a master's degree as
        an entry level nursing degree)'' after ``graduate degree in
        nursing''; and
            (2) in section 836--
                    (A) in subsection (a)--
                            (i) by striking ``$2,500'' and inserting
                        ``$4,400'';
                            (ii) by striking ``$4,000'' and inserting
                        ``$7,000''; and
                            (iii) by striking ``$13,000'' and inserting
                        ``$22,900''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1), by inserting
                        ``(including a student in an accelerated
                        nursing degree program who is pursuing a second
                        baccalaureate degree or a master's degree as an
                        entry level nursing degree)'' after ``graduate
                        degree in nursing''; and
                            (ii) in paragraph (2), by inserting
                        ``(including a student in an accelerated
                        nursing degree program who is pursuing a second
                        baccalaureate degree)'' after ``equivalent
                        degree''.

SEC. 4. ACCELERATED NURSING DEGREE PROGRAMS.

    Section 801(3) of the Public Health Service Act (42 U.S.C. 296(3))
is amended by inserting ``(including an accelerated nursing degree
program)'' before ``and including''.

SEC. 5. ADVANCED EDUCATION NURSING GRANTS.

    Section 811(f)(2) of the Public Health Service Act (42 U.S.C.
296j(f)(2)) is amended by striking the period at the end and inserting
``, except in the case of a nurse faculty shortage, the Secretary may,
in the Secretary's discretion, obligate more than 10 percent of such
traineeships for individuals in doctoral degree programs.''.

SEC. 6. GRANT PROGRAM FOR DOCTORAL NURSING PROGRAMS.

    Part D of title VIII of the Public Health Service Act (42 U.S.C.
296p et seq.) is amended by adding at the end the following:

``SEC. 832. GRANT PROGRAM FOR DOCTORAL NURSING PROGRAMS.

    ``(a) In General.--The Secretary shall award grants to eligible
entities to enable the eligible entities to establish doctoral nursing
degree programs.
    ``(b) Eligible Entity.--In this section, the term `eligible entity'
means an entity that is 1 of the `eligible entities' as such term is
defined in section 801.
    ``(c) Application.--An eligible entity that desires a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as the Secretary
may require.
    ``(d) Selection of Grant Recipients.--Not later than 6 months after
the date of enactment of the Nursing Education Opportunities Act, the
Secretary shall establish requirements and procedures for the
administration of grants under this section and procedures for
selecting grant recipients. In awarding grants under this section, the
Secretary shall consider the following:
            ``(1) Doctoral nursing program distribution.--Providing
        priority to eligible entities located in States in which there
        are no doctoral nursing degree programs.
            ``(2) Geographic distribution.--Providing an equitable
        geographic distribution of such grants.
            ``(3) Rural and urban areas.--Distributing such grants to
        rural and urban areas.
            ``(4) Prior experience or exceptional programs.--Whether
        the eligible entity has demonstrated--
                    ``(A) prior experience in, or exceptional programs
                for, the preparation of baccalaureate prepared nurses
                or master's prepared nurses; and
                    ``(B) an interest in establishing a doctoral
                nursing degree program.
    ``(e) Grant Amount.--Each grant awarded under this section shall be
equal to not more than $2,000,000.
    ``(f) Grant Duration.--A grant awarded under this section shall be
for a period of not more than 5 years.
    ``(g) Use of Funds.--An eligible entity that receives a grant under
this section shall use the grant funds to establish a doctoral nursing
degree program, including--
            ``(1) hiring administrators, faculty, and staff;
            ``(2) retaining current faculty;
            ``(3) developing doctoral curriculum;
            ``(4) repairing and expanding infrastructures;
            ``(5) purchasing educational equipment;
            ``(6) developing and enhancing clinical laboratories;
            ``(7) recruiting students;
            ``(8) establishing technology infrastructures; and
            ``(9) other investments determined necessary by the
        eligible entity for the development of a doctoral nursing
        degree program.
    ``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section not more than $40,000,000 for
fiscal year 2008 and such sums as may be necessary for each of the 4
succeeding fiscal years.''.

SEC. 7. DOCTORAL NURSING CONSORTIA PILOT PROJECT.

    Part D of title VIII of the Public Health Service Act (42 U.S.C.
296p et seq.), as amended by section 6, is further amended by adding at
the end the following:

``SEC. 833. DOCTORAL NURSING CONSORTIA PILOT PROJECT.

    ``(a) Purpose.--The purpose of the pilot project under this section
is to provide grants to partnerships of eligible entities to establish
consortia to enhance and expand the availability of doctoral nurse
faculty and education by enabling the partners involved to share
doctoral faculty and programmatic resources so that the nursing faculty
shortage does not further inhibit the preparation of future nurses or
nurse faculty.
    ``(b) In General.--The Secretary shall award grants to partnerships
of eligible entities to enable the partnerships to establish doctoral
nursing consortia.
    ``(c) Definitions.--In this section:
            ``(1) Doctoral nursing consortium.--The term `doctoral
        nursing consortium' means a partnership that includes 2 or more
        of--
                    ``(A) eligible entities within the same State;
                    ``(B) eligible entities within different States; or
                    ``(C) eligible entities establishing a doctoral
                nursing program.
            ``(2) Eligible entity.--The term `eligible entity' has the
        meaning given the term in section 832(b).
    ``(d) Application.--A partnership of eligible entities that desires
a grant under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information as
the Secretary may require. Such partnership may apply for a grant under
this section each year of the pilot project.
    ``(e) Selection.--Not later than 6 months after the date of
enactment of the Nursing Education Opportunities Act, the Secretary
shall establish requirements and procedures for the administration of
grants under this section and procedures for selecting grant
recipients.
    ``(f) Consideration in Making Awards.--In awarding grants under
this section, the Secretary shall consider the following:
            ``(1) Prior experience or exceptional programs.--Eligible
        entities that have demonstrated prior experience in, or
        exceptional programs for, the preparation of--
                    ``(A) doctorally prepared nursing faculty and
                nursing researchers; and
                    ``(B) baccalaureate prepared nurses or master's
                prepared nurses.
            ``(2) Geographic distribution.--Providing an equitable
        geographic distribution of such grants.
            ``(3) Rural and urban areas.--Distributing such grants to
        rural and urban areas.
            ``(4) New grantees.--Awarding grants to eligible entities
        that have not previously received a grant under this section.
    ``(g) Grant Amount.--The Secretary shall determine the amount of
each grant awarded under this section based on the purpose of this
section, which amount shall not be more than $500,000.
    ``(h) Use of Funds.--A partnership of eligible entities that
receives a grant under this section shall use the grant funds to
establish a doctoral nursing consortium that shall share doctoral
faculty and programmatic resources, such as--
            ``(1) establishing technology infrastructures;
            ``(2) developing shared doctoral curriculum;
            ``(3) hiring faculty and staff;
            ``(4) retaining current faculty;
            ``(5) providing travel stipends for nursing faculty who
        agree to teach nursing courses at another eligible entity
        within the doctoral nursing consortium;
            ``(6) providing scholarships for post-doctoral fellows who
        agree to teach a nursing course within the nursing doctoral
        consortium;
            ``(7) providing collaborative networks for nursing
        research; and
            ``(8) other investments determined necessary by the
        eligible entities for use within the doctoral nursing
        consortium.
    ``(i) Grant Duration.--The pilot project under this section shall
be for a period of not more than 5 years.
    ``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section not more than $10,000,000 for
fiscal year 2008 and such sums as may be necessary for each of the 4
succeeding fiscal years.''.

SEC. 8. NURSE FACULTY PILOT PROJECT.

    Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et
seq.) is amended by adding at the end the following:

                 ``PART F--NURSE FACULTY PILOT PROJECT

``SEC. 781. PURPOSES.

    ``The purposes of this part are to create a pilot program--
            ``(1) to provide scholarships to qualified nurses in
        pursuit of an advanced degree with the goal of becoming faculty
        members in an accredited nursing program; and
            ``(2) to provide grants to partnerships between accredited
        schools of nursing and hospitals or health facilities to fund
        release time for qualified nurse employees, so that those
        employees can earn a salary while obtaining an advanced degree
        in nursing with the goal of becoming nurse faculty.

``SEC. 782. ASSISTANCE AUTHORIZED.

    ``(a) Competitive Grants Authorized.--The Secretary may, on a
competitive basis, award grants to, and enter into contracts and
cooperative agreements with, partnerships composed of an accredited
school of nursing at an institution of higher education and a hospital
or health facility to establish not more than 5 pilot projects to
enable such hospital or health facility to retain its staff of
experienced nurses while providing a mechanism to have these
individuals become, through an accelerated nursing education program,
faculty members of an accredited school of nursing.
    ``(b) Duration; Evaluation and Dissemination.--
            ``(1) Duration.--Grants under this part shall be awarded
        for a period of 3 to 5 years.
            ``(2) Mandatory evaluation and dissemination.--Grants under
        this part shall be primarily used for evaluation, and
        dissemination to other institutions of higher education, of the
        information obtained through the activities described in
        section 781(2).
    ``(c) Considerations in Making Awards.--In awarding grants and
entering into contracts and cooperative agreements under this section,
the Secretary shall consider the following:
            ``(1) Geographic distribution.--Providing an equitable
        geographic distribution of such grants.
            ``(2) Rural and urban areas.--Distributing such grants to
        urban and rural areas.
            ``(3) Range and type of institution.--Ensuring that the
        activities to be assisted are developed for a range of types
        and sizes of institutions of higher education.
            ``(4) Prior experience or exceptional programs.--
        Institutions of higher education with demonstrated prior
        experience in providing advanced nursing education programs to
        prepare nurses interested in pursuing a faculty role.
    ``(d) Uses of Funds.--Funds made available by grant, contract, or
cooperative agreement under this part may be used--
            ``(1) to develop a new national demonstration initiative to
        align nursing education with the emerging challenges of
        healthcare delivery; and
            ``(2) for any 1 or more of the following innovations in
        educational programs:
                    ``(A) To develop a clinical simulation laboratory
                in a hospital, health facility, or accredited school of
                nursing.
                    ``(B) To purchase distance learning technologies.
                    ``(C) To fund release time for qualified nurses
                enrolled in the graduate nursing program.
                    ``(D) To provide for faculty salaries.
                    ``(E) To collect and analyze data on educational
                outcomes.

``SEC. 783. APPLICATIONS.

    ``Each partnership desiring to receive a grant, contract, or
cooperative agreement under this part shall submit an application to
the Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. Each application shall
include assurances that--
            ``(1) the individuals enrolled in the program will be
        qualified nurses in pursuit of a master's or doctoral degree in
        nursing and have a contractual obligation with the hospital or
        health facility that is in partnership with the institution of
        higher education;
            ``(2) the hospital or health facility of employment would
        be the clinical site for the accredited school of nursing
        program;
            ``(3) individuals will also maintain their employment on a
        part time basis to the hospital or health facility that allowed
        them to participate in the program, and will receive an income
        from the hospital or health facility, as a part time employee,
        and release times or flexible schedules to accommodate the
        individuals' class schedules; and
            ``(4) upon completion of the program, an individual agrees
        to teach for 2 years in an accredited school of nursing for
        each year of support the individual received under this
        program.

``SEC. 784. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated for this part not more
than $10,000,000 for fiscal year 2008 and such sums as may be necessary
for each of the 4 succeeding fiscal years.

``SEC. 785. DEFINITION.

    ``For purposes of this part, the term `health facility' means an
Indian Health Service health service center, a Native Hawaiian health
center, a hospital, a Federally qualified health center, a rural health
clinic, a nursing home, a home health agency, a hospice program, a
public health clinic, a State or local department of public health, a
skilled nursing facility, or ambulatory surgical center.''.

Output:
Nursing Education Opportunities Act - Amends the Public Health Service Act to include accelerated degree nursing students who pursue a second baccalaureate degree or a master's degree as an entry level nursing degree as eligible for financial assistance through nursing programs in the Act, including the Nursing Student Loan Program. Raises the yearly loan amounts available to all nursing students through that Program. Modifies the definition of "collegiate school of nursing" to include accelerated nursing degree programs.

Authorizes the Secretary of Health and Human Services, in the case of a nurse faculty shortage, to obligate more than 10% of traineeships for individuals in doctoral degree programs.

Directs the Secretary to award grants to: (1) eligible entities to establish doctoral nursing degree programs, giving priority to such entities located in states in which there are no such programs; and (2) partnerships of eligible entities to establish doctoral nursing consortia to enhance and expand the availability of doctoral nurse faculty and education by enabling the partners to share doctoral faculty and programmatic resources.

Amends the Higher Education Act of 1965 to authorize the Secretary to award grants to partnerships composed of an accredited nursing school at an institution of higher education and a hospital or health facility to establish up to five pilot projects to enable such hospital or facility to retain its staff of experienced nurses while providing a mechanism to have these individuals become, through an accelerated nursing education program, faculty members of an accredited nursing school.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Mammal Rescue Assistance
Amendments of 2009''.

SEC. 2. STRANDING AND ENTANGLEMENT RESPONSE.

    (a) Collection and Updating of Information.--Section 402(b)(1)(A)
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421a(b)(1)(A))
is amended by inserting ``or entangled'' after ``stranded''.
    (b) Entanglement Response Agreements.--
            (1) In general.--Section 403 of that Act (16 U.S.C. 1421b)
        is amended--
                    (A) by striking the section heading and inserting
                the following:

``SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.'' ;
                and
                    (B) by striking ``stranding.'' in subsection (a)
                and inserting ``stranding or entanglement.''.
            (2) Clerical amendment.--The table of contents for title IV
        of that Act is amended by striking the item relating to section
        403 and inserting the following:

``Sec. 403. Stranding or entanglement response agreements.''.
    (c) Liability.--Section 406(a) of such Act (16 U.S.C. 1421e(a)) is
amended by inserting ``or entanglement'' after ``stranding''.
    (d) Entanglement Defined.--
            (1) In general.--Section 410 of such Act (16 U.S.C. 1421h)
        is amended--
                    (A) by redesignating paragraphs (1) through (6) as
                paragraphs (2) through (7), respectively; and
                    (B) by inserting before paragraph (2) (as so
                redesignated) the following:
            ``(1) The term `entanglement' means an event in the wild in
        which a living or dead marine mammal has gear, rope, line, net,
        or other material wrapped around or attached to it and is--
                    ``(A) on a beach or shore of the United States; or
                    ``(B) in waters under the jurisdiction of the
                United States.''.
            (2) Conforming amendment.--Section 408(a)(2)(B)(i) of such
        Act (16 U.S.C. 1421f-1(a)(2)(B)(i)) is amended by striking
        ``section 410(6)'' and inserting ``section 410(7)''.
    (e) Unusual Mortality Event Funding.--Section 405 of such Act (16
U.S.C. 1421d) is amended--
            (1) by striking ``to compensate persons for special costs''
        in subsection (b)(1)(A)(i) and inserting ``to make advance,
        partial, or progress payments under contracts or other funding
        mechanisms for property, supplies, salaries, services, and
        travel costs'';
            (2) by striking ``preparing and transporting'' in
        subsection (b)(1)(A)(ii) and inserting ``the preparation,
        analysis, and transportation of'';
            (3) by striking ``event for'' in subsection (b)(1)(A)(ii)
        and inserting ``event, including such transportation for'';
            (4) by striking ``and'' after the semicolon in subsection
        (c)(2);
            (5) by striking ``subsection (d).'' in subsection (c)(3)
        and inserting ``subsection (d); and''; and
            (6) by adding at the end of subsection (c) the following:
            ``(4) up to $500,000 per fiscal year (as determined by the
        Secretary) from amounts appropriated to the Secretary for
        carrying out this title and the other titles of this Act.''.
    (f) John H. Prescott Marine Mammal Rescue and Response Funding
Program.--
            (1) Authorization of appropriations.--Section 408(h) of
        such Act (16 U.S.C. 1421f-1(h)) is amended to read as follows:
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated
        to carry out this section, other than subsection (a)(3),
        $7,000,000 for each of fiscal years 2010 through 2014, to
        remain available until expended, of which--
                    ``(A) $6,000,000 may be available to the Secretary
                of Commerce; and
                    ``(B) $1,000,000 may be available to the Secretary
                of the Interior.
            ``(2) Rapid response fund.--There are authorized to be
        appropriated to the John H. Prescott Marine Mammal Rescue and
        Rapid Response Fund established by subsection (a)(3), $500,000
        for each of fiscal years 2010 through 2014.
            ``(3) Additional rapid response funds.--There shall be
        deposited into the Fund established by subsection (a)(3) up to
        $500,000 per fiscal year (as determined by the Secretary) from
        amounts appropriated to the Secretary for carrying out this
        title and the other titles of this Act.''.
            (2) Administrative costs and expenses.--Section 408(f) of
        such Act (16 U.S.C. 1421f-1(f)) is amended to read as follows:
    ``(f) Administrative Costs and Expenses.--Of the amounts available
each fiscal year to carry out this section, the Secretary may expend
not more than 6 percent or $80,000, whichever is greater, to pay the
administrative costs and administrative expenses to implement the
program under subsection (a). Any such funds retained by the Secretary
for a fiscal year for such costs and expenses that are not used for
such costs and expenses before the end of the fiscal year shall be
provided under subsection (a).''.
            (3) Emergency assistance.--Section 408 of such Act (16
        U.S.C. 1421f-1) is amended--
                    (A) by striking so much of subsection (a) as
                precedes paragraph (2) and inserting the following:
    ``(a) In General.--(1) Subject to the availability of
appropriations, the Secretary shall conduct a program to be known as
the John H. Prescott Marine Mammal Rescue and Response Funding Program,
to provide for the recovery or treatment of marine mammals, the
collection of data from living or dead stranded or entangled marine
mammals for scientific research regarding marine mammal health,
facility operation costs that are directly related to those purposes,
and stranding or entangling events requiring emergency assistance. All
funds available to implement this section shall be distributed to
eligible stranding network participants for the purposes set forth in
this paragraph and paragraph (2), except as provided in subsection
(f).'';
                    (B) by redesignating paragraph (2) as paragraph (4)
                and inserting after paragraph (1) the following:
    ``(2) Contract authority.--To carry out the activities set out in
paragraph (1), the Secretary may enter into grants, cooperative
agreements, contracts, or such other agreements or arrangements as the
Secretary deems appropriate.
    ``(3) Prescott rapid response fund.--There is established in the
Treasury an interest bearing fund to be known as the `John H. Prescott
Marine Mammal Rescue and Rapid Response Fund', which shall consist of a
portion of amounts deposited into the Fund under subsection (h) or
received as contributions under subsection (i), and which shall remain
available until expended without regard to any statutory or regulatory
provision related to the negotiation, award, or administration of any
grants, cooperative agreements, and contracts.'';
                    (C) by striking ``designated as of the date of the
                enactment of the Marine Mammal Rescue Assistance Act of
                2000, and in making such grants'' in paragraph (4), as
                redesignated, and inserting ``as defined in subsection
                (g)(3). The Secretary''; and
                    (D) by striking ``subregions.'' in paragraph (4),
                as redesignated, and inserting ``subregions where such
                facilities exist.'';
                    (E) by striking subsections (d) and (e) and
                inserting the following:
    ``(d) Limitation.--
            ``(1) In general.--Support for an individual project under
        this section may not exceed $200,000 for any 12-month period.
            ``(2) Unexpended funds.--Amounts provided as support for an
        individual project under this section that are unexpended or
        unobligated at the end of such period--
                    ``(A) shall remain available until expended; and
                    ``(B) shall not be taken into account in any other
                12-month period for purposes of paragraph (1).
    ``(e) Matching Requirement.--
            ``(1) In general.--Except as provided in paragraph (2), the
        non-Federal share of the costs of an activity conducted with
        funds under this section shall be 25 percent of such Federal
        costs.
            ``(2) Waiver.--The Secretary shall waive the requirements
        of paragraph (1) with respect to an activity conducted with
        emergency funds disbursed from the Fund established by
        subsection (a)(3).
            ``(3) In-kind contributions.--The Secretary may apply to
        the non-Federal share of an activity conducted with a grant
        under this section the amount of funds, and the fair market
        value of property and services, provided by non-Federal sources
        and used for the activity.''; and
                    (F) by redesignating paragraph (2) of subsection
                (g) as paragraph (3) and inserting after paragraph (1)
                the following:
            ``(2) Emergency assistance.--The term `emergency
        assistance' means assistance provided for a stranding or
        entangling event--
                    ``(A) that--
                            ``(i) is not an unusual mortality event as
                        defined in section 409(7);
                            ``(ii) leads to an immediate increase in
                        required costs for stranding or entangling
                        response, recovery, or rehabilitation in excess
                        of regularly scheduled costs;
                            ``(iii) may be cyclical or endemic; and
                            ``(iv) may involve out-of-habitat animals;
                        or
                    ``(B) is found by the Secretary to qualify for
                emergency assistance.''.
            (4) Contributions.--Section 408 of such Act (16 U.S.C.
        1421f-1) is amended by adding at the end the following:
    ``(i) Contributions.--For purposes of carrying out this section,
the Secretary may solicit, accept, receive, hold, administer, and use
gifts, devises, and bequests without any further approval or
administrative action.''.
            (5) Conforming amendment.--The section heading for section
        408 is amended to read as follows:

``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND RESPONSE FUNDING
              PROGRAM.''.

    (g) Authorization of Appropriations for Marine Mammal Unusual
Mortality Event Fund.--Section 409 of such Act (16 U.S.C. 1421g) is
amended--
            (1) by striking ``1993 and 1994;'' in paragraph (1) and
        inserting ``2010 through 2014;'';
            (2) by striking ``1993 and 1994;'' in paragraph (2) and
        inserting ``2010 through 2014;''; and
            (3) by striking ``fiscal year 1993.'' in paragraph (3) and
        inserting ``each of fiscal years 2010 through 2014.''.

Output:
Marine Mammal Rescue Assistance Amendments of 2009 - Amends the Marine Mammal Protection Act of 1972 to require the collection and updating of existing practices and procedures for rescuing and rehabilitating stranded or entangled (under current law, only stranded) marine mammals. Authorizes entanglement response agreements. Broadens the sources and allowed uses of amounts in the Marine Mammal Unusual Mortality Event Fund.

Renames the John H. Prescott Marine Mammal Rescue Assistance Grant Program as the John H. Prescott Marine Mammal Rescue and Response Funding Program and authorizes appropriations to it for FY2010-FY2014. Adds providing for stranding or entangling events requiring emergency assistance to the program's duties. Authorizes carrying out the program through grants, cooperative agreements, contracts, or other arrangements.

Establishes in the Treasury the John H. Prescott Marine Mammal Rescue and Rapid Response Fund.

Limits support for an individual project under the program to $200,000 for any 12-month period. (Current law limits support to $100,000 and makes no reference to a time period.)

Defines the term "emergency assistance" as assistance for a stranding or entangling event that: (1) is not an unusual mortality event, leads to an immediate increase in required costs in excess of regularly scheduled costs, may be cyclical or endemic, and may involve out-of-habitat animals; or (2) is found to qualify for such assistance.

Authorizes appropriations for FY2010-FY2014 for provisions of the Marine Mammal Protection Act of 1972 to protect and rescue stranded and entangled marine mammals, including the Marine Mammal Unusual Mortality Event Fund and the National Marine Mammal Tissue Bank.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal Infrastructure and Roads
Enhancement and Safety Act'' or the ``TIRES Act''.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the
Interior.

SEC. 3. APPLICATION OF CATEGORICAL EXCLUSIONS TO CERTAIN TRIBAL
              TRANSPORTATION FACILITIES.

    (a) Definition of Tribal Transportation Safety Project.--
            (1) In general.--In this section, the term ``tribal
        transportation safety project'' means a project described in
        paragraph (2) that is eligible for funding under section 202 of
        title 23, United States Code, and that--
                    (A) corrects or improves a hazardous road location
                or feature; or
                    (B) addresses a highway safety problem.
            (2) Projects described.--A project described in this
        paragraph is a project for 1 or more of the following:
                    (A) An intersection safety improvement.
                    (B) Pavement and shoulder widening (including the
                addition of a passing lane to remedy an unsafe
                condition).
                    (C) Installation of rumble strips or another
                warning device, if the rumble strips or other warning
                devices do not adversely affect the safety or mobility
                of bicyclists and pedestrians, including persons with
                disabilities.
                    (D) Installation of a skid-resistant surface at an
                intersection or other location with a high frequency of
                crashes.
                    (E) An improvement for pedestrian or bicyclist
                safety or the safety of persons with disabilities.
                    (F) Construction and improvement of a railway-
                highway grade crossing safety feature, including the
                installation of protective devices.
                    (G) The conduct of a model traffic enforcement
                activity at a railway-highway crossing.
                    (H) Construction of a traffic calming feature.
                    (I) Elimination of a roadside hazard.
                    (J) Installation, replacement, and other
                improvements of highway signage and pavement markings
                or a project to maintain minimum levels of
                retroreflectivity that addresses a highway safety
                problem consistent with a State strategic highway
                safety plan.
                    (K) Installation of a priority control system for
                emergency vehicles at signalized intersections.
                    (L) Installation of a traffic control or other
                warning device at a location with high crash potential.
                    (M) Transportation safety planning.
                    (N) Collection, analysis, and improvement of safety
                data.
                    (O) Planning integrated interoperable emergency
                communications equipment, operational activities, or
                traffic enforcement activities (including police
                assistance) relating to work zone safety.
                    (P) Installation of guardrails, barriers (including
                barriers between construction work zones and traffic
                lanes for the safety of road users and workers), and
                crash attenuators.
                    (Q) The addition or retrofitting of structures or
                other measures to eliminate or reduce crashes involving
                vehicles and wildlife.
                    (R) Installation of yellow-green signs and signals
                at pedestrian and bicycle crossings and in school
                zones.
                    (S) Construction and operational improvements on a
                high risk rural road (as defined in section 148(a) of
                title 23, United States Code).
                    (T) Geometric improvements to a road for the
                purposes of safety improvement.
                    (U) A road safety audit.
                    (V) Roadway safety infrastructure improvements
                consistent with the recommendations included in the
                publication of the Federal Highway Administration
                entitled ``Handbook for Designing Roadways for the
                Aging Population'' (FHWA-SA-14-015), dated June 2014
                (or a revised or updated publication).
                    (W) Truck parking facilities eligible for funding
                under section 1401 of MAP-21 (23 U.S.C. 137 note;
                Public Law 112-141).
                    (X) Systemic safety improvements.
                    (Y) Installation of vehicle-to-infrastructure
                communication equipment.
                    (Z) Pedestrian hybrid beacons.
                    (AA) Roadway improvements that provide separation
                between pedestrians and motor vehicles, including
                medians and pedestrian crossing islands.
                    (BB) A physical infrastructure safety project not
                described in subparagraphs (A) through (AA).
    (b) New Categorical Exclusions.--
            (1) Review of existing categorical exclusions.--The
        Secretary shall review the categorical exclusions under section
        771.117 of title 23, Code of Federal Regulations (or successor
        regulations), to determine which, if any, are applicable for
        use by the Secretary in review of projects eligible for
        assistance under section 202 of title 23, United States Code.
            (2) Review of tribal transportation safety projects.--The
        Secretary shall identify tribal transportation safety projects
        that meet the requirements for categorical exclusions under
        sections 1507.3 and 1508.4 of title 40, Code of Federal
        Regulations.
            (3) Proposal.--The Secretary shall issue a proposed rule,
        in accordance with sections 1507.3 and 1508.4 of title 40, Code
        of Federal Regulations, to propose any categorical exclusions
        identified under paragraphs (1) and (2).
            (4) Deadline.--Not later than 180 days after the date of
        enactment of this Act, and after considering any comments on
        the proposed rule issued under paragraph (3), the Secretary
        shall promulgate a final rule for the categorical exclusions,
        in accordance with sections 1507.3 and 1508.4 of title 40, Code
        of Federal Regulations.
            (5) Technical assistance.--The Secretary of Transportation
        shall provide technical assistance to the Secretary in carrying
        out this subsection.
    (c) Reviews of Tribal Transportation Safety Projects.--
            (1) In general.--The Secretary or the head of another
        Federal agency responsible for a decision related to a tribal
        transportation safety project shall complete any approval or
        decision for the review of the tribal transportation safety
        project required under the National Environmental Policy Act of
        1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal
        law on an expeditious basis using the shortest existing
        applicable process.
            (2) Review of applications.--Not later than 45 days after
        the date of receipt of a complete application by an Indian
        tribe for approval of a tribal transportation safety project,
        the Secretary shall--
                    (A) take final action on the application; or
                    (B) provide the Indian tribe a schedule for
                completion of the review described in paragraph (1),
                including the identification of any other Federal
                agency that has jurisdiction with respect to the
                project.
            (3) Decisions under other federal laws.--In any case in
        which a decision under any other Federal law relating to a
        tribal transportation safety project (including the issuance or
        denial of a permit or license) is required, not later than 45
        days after the Secretary has made all decisions of the lead
        agency under the National Environmental Policy Act of 1969 (42
        U.S.C. 4321 et seq.) with respect to the project, the head of
        the Federal agency responsible for the decision shall--
                    (A) make the applicable decision; or
                    (B) provide the Indian tribe a schedule for making
                the decision.
            (4) Extensions.--The Secretary or the head of an applicable
        Federal agency may extend the period under paragraph (2) or
        (3), as applicable, by an additional 30 days by providing the
        Indian tribe notice of the extension, including a statement of
        the need for the extension.
            (5) Notification and explanation.--In any case in which a
        required action is not completed by the deadline under
        paragraph (2), (3), or (4), as applicable, the Secretary or the
        head of a Federal agency, as applicable, shall--
                    (A) notify the Committee on Indian Affairs of the
                Senate and the Committee on Natural Resources of the
                House of Representatives of the failure to comply with
                the deadline; and
                    (B) provide to the Committees described in
                subparagraph (A) a detailed explanation of the reasons
                for the failure to comply with the deadline.

SEC. 4. PROGRAMMATIC AGREEMENTS FOR CATEGORICAL EXCLUSIONS.

    (a) In General.--The Secretary shall enter into programmatic
agreements with Indian tribes that establish efficient administrative
procedures for carrying out environmental reviews for projects eligible
for assistance under section 202 of title 23, United States Code.
    (b) Inclusions.--A programmatic agreement under subsection (a)--
            (1) may include an agreement that allows an Indian tribe to
        determine, on behalf of the Secretary, whether a project is
        categorically excluded from the preparation of an environmental
        assessment or environmental impact statement under the National
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
            (2) shall--
                    (A) require that the Indian tribe maintain adequate
                capacity in terms of personnel and other resources to
                carry out applicable agency responsibilities pursuant
                to section 1507.2 of title 40, Code of Federal
                Regulations (or successor regulations);
                    (B) set forth the responsibilities of the Indian
                tribe for making categorical exclusion determinations,
                documenting the determinations, and achieving
                acceptable quality control and quality assurance;
                    (C) allow--
                            (i) the Secretary to monitor compliance of
                        the Indian tribe with the terms of the
                        agreement; and
                            (ii) the Indian tribe to execute any needed
                        corrective action;
                    (D) contain stipulations for amendments,
                termination, and public availability of the agreement
                once the agreement has been executed; and
                    (E) have a term of not more than 5 years, with an
                option for renewal based on a review by the Secretary
                of the performance of the Indian tribe.

            Passed the Senate December 10 (legislative day, December
      9), 2016.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                                S. 1776

_______________________________________________________________________

                                 AN ACT

         To enhance tribal road safety, and for other purposes.

Output: Tribal Infrastructure and Roads Enhancement and Safety Act or the TIRES Act (Sec. 3) This bill modifies the approval process used for certain transportation projects on Indian reservations by allowing categorical exclusions from National Environmental Policy Act (NEPA) requirements. A "categorical exclusion" is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an environmental assessment nor an environmental impact statement is required. A "tribal transportation safety project" is one that is eligible for assistance under the tribal transportation program and that:  corrects or improves a hazardous road location or feature, or  addresses a highway safety problem.  The Department of the Interior shall review existing categorical exclusions for tribal transportation program projects and identify tribal transportation safety projects that meet categorical exclusion requirements.  The bill prescribes requirements for the expedited review and approval of tribal transportation safety projects under NEPA or other federal laws. (Sec. 4) Interior shall enter into five-year programmatic agreements with Indian tribes that establish efficient administrative procedures for carrying out environmental reviews for tribal transportation projects, including whether any project is categorically excluded from the preparation of an environmental assessment or impact statement under NEPA.


Input:
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.

Output:
Strengthening Manufacturing and Rebuilding Transit Act of 2011 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 (Buy America) standards for DOT federal-aid programs.

Requires the Secretary 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) 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.