SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hospital to Home- and Community-Care
Linkage Development and Incentive Grant Program''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) demonstration programs and projects have been developed
        to offer care management to hospitalized individuals awaiting
        discharge who are in need of long-term health care services
        that meet individual needs and preferences in home- and
        community-based settings as an alternative to long-term nursing
        home care or institutional placement; and
            (2) there is a need to disseminate information and
        technical assistance to hospitals and State and local community
        organizations regarding such programs and projects and to
        provide incentive grants to State and local public and private
        agencies, including area agencies on aging, to establish and
        expand programs that offer care management to individuals
        awaiting discharge from acute care hospitals who are in need of
        long-term care so that services to meet individual needs and
        preferences can be arranged in home- and community-based
        settings as an alternative to long-term placement in nursing
        homes or other institutional settings.

SEC. 3. DISSEMINATION OF INFORMATION, TECHNICAL ASSISTANCE AND
              INCENTIVE GRANTS TO ASSIST IN THE DEVELOPMENT OF HOSPITAL
              LINKAGE PROGRAMS.

    Part C of title III of the Public Health Service Act (42 U.S.C. 248
et seq.) is amended by adding at the end thereof the following new
section:

``SEC. 327B. DISSEMINATION OF INFORMATION, TECHNICAL ASSISTANCE AND
              INCENTIVE GRANTS TO ASSIST IN THE DEVELOPMENT OF HOSPITAL
              LINKAGE PROGRAMS.

    ``(a) Dissemination of Information.--The Secretary shall compile,
evaluate, publish and disseminate to appropriate State and local
officials and to private organizations and agencies that provide
services to individuals in need of long-term health care services, such
information and materials as may assist such entities in replicating
successful programs that are aimed at offering care management to
hospitalized individuals who are in need of long-term care so that
services to meet individual needs and preferences can be arranged in
home- and community-based settings as an alternative to long-term
nursing home placement. The Secretary may provide technical assistance
to entities seeking to replicate such programs.
    ``(b) Incentive Grants to Assist in the Development of Hospital
Linkage Programs.--The Secretary shall establish a program under which
incentive grants may be awarded to assist private and public agencies,
including area agencies on aging, and organizations in developing and
expanding programs and projects that facilitate the discharge of
individuals in hospitals or other acute care facilities who are in need
of long-term care services and placement of such individuals into home-
and community-based settings.
    ``(c) Administrative Provisions.--
            ``(1) Eligible entities.--To be eligible to receive a grant
        under subsection (b) an entity shall be--
                    ``(A)(i) a State agency as defined in section
                102(43) of the Older Americans Act of 1965; or
                    ``(ii) a State agency responsible for administering
                home and community care programs under title XIX of the
                Social Security Act; or
                    ``(B) if no State agency described in subparagraph
                (A) applies with respect to a particular State, a
                public or nonprofit private entity.
            ``(2) Applications.--To be eligible to receive an incentive
        grant under subsection (b), an entity shall prepare and submit
        to the Secretary an application at such time, in such manner
        and containing such information as the Secretary may require,
        including--
                    ``(A) an assessment of the need within the
                community to be served for the establishment or
                expansion of a program to facilitate the discharge of
                individuals in need of long-term care who are in
                hospitals or other acute care facilities into home- and
                community-care programs that provide individually
                planned, flexible services that reflect individual
                choice or preference rather than nursing home or
                institutional settings;
                    ``(B) a plan for establishing or expanding a
                program for identifying individuals in hospital or
                acute care facilities who are in need of individualized
                long-term care provided in home- and community-based
                settings rather than nursing homes or other
                institutional settings and undertaking the planning and
                management of individualized care plans to facilitate
                discharge into such settings;
                    ``(C) assurances that nongovernmental case
                management agencies funded under grants awarded under
                this section are not direct providers of home- and
                community-based services;
                    ``(D) satisfactory assurances that adequate home-
                and community-based long term care services are
                available, or will be made available, within the
                community to be served so that individuals being
                discharged from hospitals or acute care facilities
                under the proposed program can be served in such home-
                and community-based settings, with flexible,
                individualized care which reflects individual choice
                and preference;
                    ``(E) a description of the manner in which the
                program to be administered with amounts received under
                the grant will be continued after the termination of
                the grant for which such application is submitted; and
                    ``(F) a description of any waivers or approvals
                necessary to expand the number of individuals served in
                federally funded home- and community-based long term
                care programs in order to provide satisfactory
                assurances that adequate home- and community-based long
                term care services are available in the community to be
                served.
            ``(3) Awarding of grants.--
                    ``(A) Preferences.--In awarding grants under
                subsection (b), the Secretary shall give preference to
                entities submitting applications that--
                            ``(i) demonstrate an ability to coordinate
                        activities funded using amounts received under
                        the grant with programs providing
                        individualized home- and community-based case
                        management and services to individuals in need
                        of long term care with hospital discharge
                        planning programs; and
                            ``(ii) demonstrate that adequate home- and
                        community-based long term care management and
                        services are available, or will be made
                        available to individuals being served under the
                        program funded with amounts received under
                        subsection (b).
                    ``(B) Distribution.--In awarding grants under
                subsection (b), the Secretary shall ensure that such
                grants--
                            ``(i) are equitably distributed on a
                        geographic basis;
                            ``(ii) include projects operating in urban
                        areas and projects operating in rural areas;
                        and
                            ``(iii) are awarded for the expansion of
                        existing hospital linkage programs as well as
                        the establishment of new programs.
                    ``(C) Expedited consideration.--The Secretary shall
                provide for the expedited consideration of any waiver
                application that is necessary under title XIX of the
                Social Security Act to enable an applicant for a grant
                under subsection (b) to satisfy the assurance required
                under paragraph (1)(D).
            ``(4) Use of grants.--An entity that receives amounts under
        a grant under subsection (b) may use such amounts for planning,
        development and evaluation services and to provide
        reimbursements for the costs of one or more case mangers to be
        located in or assigned to selected hospitals who would--
                    ``(A) identify patients in need of individualized
                care in home- and community-based long-term care;
                    ``(B) assess and develop care plans in cooperation
                with the hospital discharge planning staff; and
                    ``(C) arrange for the provision of community care
                either immediately upon discharge from the hospital or
                after any short term nursing-home stay that is needed
                for recuperation or rehabilitation;
            ``(5) Direct services subject to reimbursements.--None of
        the amounts provided under a grant under this section may be
        used to provide direct services, other than case management,
        for which reimbursements are otherwise available under title
        XVIII or XIX of the Social Security Act.
            ``(6) Limitations.--
                    ``(A) Term.--Grants awarded under this section
                shall be for terms of less than 3 years.
                    ``(B) Amount.--Grants awarded to an entity under
                this section shall not exceed $300,000 per year. The
                Secretary may waive the limitation under this
                subparagraph where an applicant demonstrates that the
                number of hospitals or individuals to be served under
                the grant justifies such increased amounts.
                    ``(C) Supplanting of funds.--Amounts awarded under
                a grant under this section may not be used to supplant
                existing State funds that are provided to support
                hospital link programs.
    ``(d) Evaluation and Reports.--
            ``(1) By grantees.--An entity that receives a grant under
        this section shall evaluate the effectiveness of the services
        provided under the grant in facilitating the placement of
        individuals being discharged from hospitals or acute care
        facilities into home- and community-based long term care
        settings rather than nursing homes. Such entity shall prepare
        and submit to the Secretary a report containing such
        information and data concerning the activities funded under the
        grant as the Secretary determines appropriate.
            ``(2) By secretary.--Not later than the end of the third
        fiscal year for which funds are appropriated under subsection
        (e), the Secretary shall prepare and submit to the appropriate
        committees of Congress, a report concerning the results of the
        evaluations and reports conducted and prepared under paragraph
        (1).
    ``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $5,000,000 for each of the
fiscal years 1994 through 1996.''.

Summary: Hospital to Home- and Community-Care Linkage Development and Incentive Grant Program - Amends the Public health Service Act to direct the Secretary of Health and Human Services to disseminate information and materials to assist specified entities in replicating successful programs aimed at offering care management to hospitalized individuals in need of long-term care so that services to meet individual needs and preferences can be arranged in home- and community-based settings as an alternative to long-term nursing home placement. Authorizes the Secretary to provide technical assistance to such entities. Directs the Secretary to establish a program under which incentive grants may be awarded to assist agencies and organizations in developing and expanding programs and projects that facilitate the discharge of individuals in hospitals or other acute care facilities who are in need of long-term care services and placement of such individuals into home- and community-based settings. Sets forth provisions regarding: (1) eligibility to receive grants, (2) application requirements, (3) criteria for the award of grants, (4) use of, and limitations on, grants, and (5) evaluation and reports. Authorizes appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defense of Environment and Property
Act of 2012''.

SEC. 2. NAVIGABLE WATERS.

    (a) In General.--Section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting
the following:
            ``(7) Navigable waters.--
                    ``(A) In general.--The term `navigable waters'
                means the waters of the United States, including the
                territorial seas, that are--
                            ``(i) navigable-in-fact; or
                            ``(ii) permanent, standing, or continuously
                        flowing bodies of water that form geographical
                        features commonly known as streams, oceans,
                        rivers, and lakes that are connected to waters
                        that are navigable-in-fact.
                    ``(B) Exclusions.--The term `navigable waters' does
                not include--
                            ``(i) waters that--
                                    ``(I) do not physically abut waters
                                described in subparagraph (A); and
                                    ``(II) lack a continuous surface
                                water connection to navigable waters;
                            ``(ii) man-made or natural structures or
                        channels--
                                    ``(I) through which water flows
                                intermittently or ephemerally; or
                                    ``(II) that periodically provide
                                drainage for rainfall; or
                            ``(iii) wetlands without a continuous
                        surface connection to bodies of water that are
                        waters of the United States.
                    ``(C) EPA and corps activities.--An activity
                carried out by the Administrator or the Corps of
                Engineers shall not, without explicit State
                authorization, impinge upon the traditional and primary
                power of States over land and water use.
                    ``(D) Aggregation; wetlands.--
                            ``(i) Aggregation.--Aggregation of wetlands
                        or waters not described in clauses (i) through
                        (iii) of subparagraph (B) shall not be used to
                        determine or assert Federal jurisdiction.
                            ``(ii) Wetlands.--Wetlands described in
                        subparagraph (B)(iii) shall not be considered
                        to be under Federal jurisdiction.
                    ``(E) Appeals.--A jurisdictional determination by
                the Administrator that would affect the ability of a
                State to plan the development and use (including
                restoration, preservation, and enhancement) of land and
                water resources may be appealed by the State during the
                30-day period beginning on the date of the
                determination.
                    ``(F) Treatment of ground water.--Ground water
                shall--
                            ``(i) be considered to be State water; and
                            ``(ii) not be considered in determining or
                        asserting Federal jurisdiction over isolated or
                        other waters, including intermittent or
                        ephemeral water bodies.''.
    (b) Prohibition on Use of Nexus Test.--Notwithstanding any other
provision of law, the Administrator of the Environmental Protection
Agency may not use a significant nexus test (as used by the
Environmental Protection Agency in the document listed in section
3(a)(3) of this Act) to determine Federal jurisdiction over navigable
waters and waters of the United States (as those terms are defined and
used, respectively, in section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362)).
    (c) Applicability.--Nothing in this section or the amendments made
by this section affects or alters any exemption under--
            (1) section 402(l) of the Federal Water Pollution Control
        Act (33 U.S.C. 1342(l)); or
            (2) section 404(f) of the Federal Water Pollution Control
        Act (33 U.S.C. 1344(f)).

SEC. 3. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE.

    (a) In General.--The following regulations and guidance shall have
no force or effect:
            (1) The final rule of the Corps of Engineers entitled
        ``Final Rule for Regulatory Programs of the Corps of
        Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)).
            (2) The proposed rule of the Environmental Protection
        Agency entitled ``Advance Notice of Proposed Rulemaking on the
        Clean Water Act Regulatory Definition of `Waters of the United
        States''' (68 Fed. Reg. 1991 (January 15, 2003)).
            (3) The guidance document entitled ``Clean Water Act
        Jurisdiction Following the U.S. Supreme Court's Decision in
        `Rapanos v. United States' & `Carabell v. United States'''
        (December 2, 2008) (relating to the definition of waters under
        the jurisdiction of the Federal Water Pollution Control Act (33
        U.S.C. 1251 et seq.)).
            (4) Any subsequent regulation of or guidance issued by any
        Federal agency that defines or interprets the term ``navigable
        waters''.
    (b) Prohibition.--The Secretary of the Army, acting through the
Chief of Engineers, and the Administrator of the Environmental
Protection Agency shall not promulgate any rules or issue any guidance
that expands or interprets the definition of navigable waters unless
expressly authorized by Congress.

SEC. 4. STATE REGULATION OF WATER.

    Nothing in this Act affects, amends, or supersedes--
            (1) the right of a State to regulate waters in the State;
        or
            (2) the duty of a landowner to adhere to any State nuisance
        laws (including regulations) relating to waters in the State.

SEC. 5. CONSENT FOR ENTRY BY FEDERAL REPRESENTATIVES.

    Section 308 of the Federal Water Pollution Control Act (33 U.S.C.
1318) is amended by striking subsection (a) and inserting the
following:
    ``(a) In General.--
            ``(1) Entry by federal agency.--A representative of a
        Federal agency shall only enter private property to collect
        information about navigable waters if the owner of that
        property--
                    ``(A) has consented to the entry in writing;
                    ``(B) is notified regarding the date of the entry;
                and
                    ``(C) is given access to any data collected from
                the entry.
            ``(2) Access.--If a landowner consents to entry under
        paragraph (1), the landowner shall have the right to be present
        at the time any data collection on the property of the
        landowner is carried out.''.

SEC. 6. COMPENSATION FOR REGULATORY TAKING.

    (a) In General.--If a Federal regulation relating to the definition
of navigable waters or waters of the United States diminishes the fair
market value or economic viability of a property, as determined by an
independent appraiser, the Federal agency issuing the regulation shall
pay the affected property owner an amount equal to twice the value of
the loss.
    (b) Administration.--Any payment provided under subsection (a)
shall be made from the amounts made available to the relevant agency
head for general operations of the agency.
    (c) Applicability.--A Federal regulation described in subsection
(a) shall have no force or effect until the date on which each
landowner with a claim under this section relating to that regulation
has been compensated in accordance with this section.

Summary: Defense of Environment and Property Act of 2012 - Amends the Federal Water Pollution Control Act to redefine navigable waters to specify that included territorial seas are those that are: (1) navigable-in-fact. Or (2) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. Excludes from such term: (1) waters that do not physically abut navigable waters and lack a continuous surface water connection to navigable waters. (2) man-made or natural structures or channels through which water flows intermittently or ephemerally, or that periodically provide drainage for rainfall. Or (3) wetlands without a continuous surface connection to bodies of water that are waters of the United States. Prohibits activities carried out by the Administrator of the Environmental Protection Agency (EPA) or the Army Corps of Engineers from impinging upon states' power over land and water use. Prohibits: (1) aggregation of such excluded wetlands or waters from being used to determine or assert federal jurisdiction. And (2) wetlands without a continuous surface connection to bodies of water that are waters of the United States from being considered to be under federal jurisdiction. Authorizes states to appeal jurisdictional determinations by the Administrator that would affect their ability to plan the development and use of land and water resources for 30 days after such determination. Considers ground water to be state water. Prohibits ground water from being considered in determining or asserting federal jurisdiction over isolated or other waters. Prohibits the Administrator from using a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States. Gives no force or effect to: (1) the Corps' rule entitled Final Rule for Regulatory Programs of the Corps of Engineers. (2) EPA's proposed rule entitled Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of 'Waters of the United States'. (3) the guidance document entitled Clean Water Act Jurisdiction Following the US Supreme Court's Decision in Rapanos v. United States Carabell v. United States. And (4) any subsequent regulation of or guidance issued by federal agencies that defines or interprets the term navigable waters. Prohibits the Corps and EPA from promulgating rules or issuing guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. Sets forth provisions requiring federal agencies to obtain consent of private property owners prior to entering their land to collect information about navigable waters. Requires federal agencies that issue regulations that relate to the definition of navigable waters or waters of the United States and diminish the fair market value or economic viability of a property to pay the affected property owner an amount equal to twice the value of the loss. Gives no force or effect to such regulation until landowners with such claims have been compensated.

To clarify the definition of navigable waters, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Campus Sexual Violence Elimination
Act'' or the ``Campus SaVE Act''.

SEC. 2. CAMPUS SEXUAL VIOLENCE, INTIMATE PARTNER VIOLENCE, AND STALKING
              EDUCATION AND PREVENTION.

    Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) is amended--
            (1) by amending paragraph (8) to read as follows:
    ``(8)(A) Each institution of higher education participating in any
program under this title, other than a foreign institution of higher
education, shall develop and distribute as part of the report described
in paragraph (1) a statement of policy regarding--
            ``(i) such institution's sexual assault and other intimate
        partner violence programs, which shall be aimed at prevention
        of sex offenses and other intimate partner violence, including
        stalking, dating violence, sexual violence, and domestic
        violence offenses;
            ``(ii) the procedures followed once a sex offense or other
        intimate partner violence, including stalking, dating violence,
        sexual violence, or domestic violence offenses has occurred,
        which shall include--
                    ``(I) providing, in writing, to each student or
                employee who reports to the institution that he or she
                has been a victim of a sex offense or other intimate
                partner violence--
                            ``(aa) an explanation of the right of
                        victims of such offenses to notify proper law
                        enforcement authorities, including on-campus
                        and local police, and the option to be assisted
                        by campus authorities in notifying such
                        authorities, if the student or employee so
                        chooses;
                            ``(bb) an explanation of the right of
                        victims of such offenses, when relevant, to
                        obtain an order of protection, no contact
                        order, restraining order, or similar lawful
                        order issued by a criminal or civil court or
                        enforce an order already in existence; and
                            ``(cc) contact information for advocacy,
                        counseling, health, mental health, legal
                        assistance and other services available to
                        victims both on-campus and in the local
                        community; and
                    ``(II) the institution honoring any order of
                protection, no contact order, restraining order, or
                similar lawful order issued by any criminal or civil
                court.
    ``(B) The policy described in subparagraph (A) shall address the
following areas:
            ``(i) Education programs to promote the awareness of sex
        offenses and other intimate partner violence, including
        stalking, dating violence, sexual violence, and domestic
        violence offenses, which shall include--
                    ``(I) primary prevention and awareness programming
                for all incoming students and new employees, including
                information about--
                            ``(aa) the definition of consent in sexual
                        relationships;
                            ``(bb) reporting such sex offenses,
                        including those offenses occurring on and off
                        campus;
                            ``(cc) bystander intervention; and
                            ``(dd) risk reduction; and
                    ``(II) ongoing prevention and awareness campaigns
                to students and faculty, including information
                described in items (aa) through (dd) of subclause (I).
            ``(ii) Possible sanctions to be imposed following the final
        determination of an institutional disciplinary procedure
        regarding sex offenses or other intimate partner violence.
            ``(iii) Procedures victims should follow if a sex offense
        described in clause (ii) occurs, including who should be
        contacted, the importance of preserving evidence as may be
        necessary to the proof of criminal sexual assault, and to whom
        the alleged offense should be reported.
            ``(iv) Procedures for on-campus disciplinary action in
        cases of an alleged sexual offense or other intimate partner
        violence, including stalking, dating violence, sexual violence,
        or domestic violence offenses, which shall include a clear
        statement that--
                    ``(I) any accuser shall have the opportunity to
                request that prompt disciplinary proceedings be
                initiated against the accused;
                    ``(II) such proceedings shall--
                            ``(aa) be conducted by officials trained to
                        understand the issues of sex offenses and other
                        intimate partner violence; and
                            ``(bb) use the preponderance of the
                        evidence standard;
                    ``(III) the accuser and the accused are entitled to
                the same opportunities to have others present during an
                institutional disciplinary proceeding, including the
                opportunity to be accompanied to any related meeting or
                proceeding by an advisor of their choice; and
                    ``(IV) both the accuser and the accused shall be
                informed, in writing, of the final results of any
                institutional disciplinary proceeding brought alleging
                a sex offense or other intimate partner violence within
                one business day of such outcome being reached.
            ``(v) A student or employee who reports to the institution
        that he or she have been the victim of a sex offense or
        intimate partner violence shall receive notification of options
        for, and available assistance in, changing academic, living,
        transportation, and working situations, if such assistance is
        requested by the student or employee and if such accommodations
        are reasonably available.
    ``(C) Nothing in this paragraph shall be construed to confer a
private right of action upon any person to enforce the provisions of
this paragraph.'';
            (2) in paragraph (6), by adding at the end of subparagraph
        (A) the following new clauses:
                            ``(iv) The term `intimate partner
                        violence'--
                                    ``(I) means any physical, sexual,
                                or psychological harm against an
                                individual by a current or former
                                partner or spouse of the individual;
                                    ``(II) includes stalking, dating
                                violence, sexual violence, or domestic
                                violence offense;
                                    ``(III) includes such harm against
                                individuals in heterosexual and same-
                                sex relationships; and
                                    ``(IV) does not require sexual
                                intimacy between the individual and
                                such partner or spouse.
                            ``(v) The term `stalking' means an
                        individual willfully and repeatedly engaging in
                        a knowing course of harassing conduct directed
                        at another individual that reasonably and
                        seriously alarms, torments, or terrorizes such
                        individual.
                            ``(vi) The term `primary prevention' means
                        programming and strategies intended to stop
                        sexual and intimate partner violence before it
                        occurs through the changing of social norms and
                        other approaches.
                            ``(vii) The term `awareness programming'
                        means any program designed to alert students to
                        the prevalence of intimate partner violence,
                        sexual violence, and stalking, including--
                                    ``(I) discussions of the nature and
                                number of cases of intimate partner
                                violence, sexual violence, forcible sex
                                offenses, and stalking reported at an
                                institution of higher education in the
                                3 preceding calendar years;
                                    ``(II) statistics on the outcomes
                                of disciplinary proceedings for such
                                cases at such institution; and
                                    ``(III) risk factors associated
                                with such cases, including physically,
                                sexually, and psychologically
                                controlling behavior.
                            ``(viii) The term `bystander intervention'
                        means safe and positive options that may be
                        carried out by an individual to prevent or
                        intervene when there is a risk of sexual
                        violence against a person other than such
                        individual.
                            ``(ix) The term `risk reduction' means
                        options for recognizing warning signs of
                        abusive personalities and how to fight back
                        against potential attackers.
                            ``(x) The term `final results' means a
                        decision or determination, made by an honor
                        court or council, committee, commission, or
                        other entity authorized to resolve disciplinary
                        matters within the institution. The disclosure
                        of final results shall include only the name of
                        the accused, the violation alleged (including
                        any institutional rules or code sections that
                        were allegedly violated), essential findings
                        supporting such final result, and any sanction
                        imposed by the institution against the accused
                        (including a description of any disciplinary
                        action taken by the institution, the date of
                        the imposition of such action, and the duration
                        of such action).''; and
            (3) by adding at the end of paragraph (16) the following
        new sentence: ``The Secretary shall seek the advice and counsel
        of the Attorney General concerning the development, and
        dissemination to institutions of higher education, of best
        practices information about preventing and responding to
        incidents of sex offenses, forcible and nonforcible, and other
        intimate partner violence including stalking, dating violence,
        sexual violence, and domestic violence offenses.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect with respect to
any annual security report under section 485(f)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by an institution
of higher education in calendar year 2012 and any subsequent calendar
year.

Summary: Campus Sexual Violence Elimination Act or Campus SaVE Act - Amends title IV of the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in a title IV program to include in its annual security report a statement of policy regarding its sexual assault and other intimate partner violence programs and the procedures it follows when such an offense occurs. Requires such procedures to include the provision, in writing, to students or employees that report to the IHE that they have been the victim of such an offense: (1) an explanation of their right to notify proper law enforcement authorities and their option to be assisted by campus authorities in doing so. (2) an explanation of their right to obtain protective orders or enforce protective orders that are already in existence, which the IHE must honor. And (3) contact information for victim services on-campus and in the locality. Requires an IHE's policy regarding sexual assault and other intimate partner violence to include: (1) education that promotes awareness of the offenses, (2) possible sanctions imposed following disciplinary action, (3) procedures victims should follow after such an offense occurs, (4) on-campus disciplinary procedures. And (5) the notification of victims regarding their options for, and assistance in, changing academic, living, transportation, and working situations. Directs the Secretary of Education to seek the Attorney General's counsel regarding the development, and dissemination to IHEs, of best practices for preventing and responding to sex offenses and other intimate partner violence.

A bill to amend the Higher Education Act of 1965 to improve education and prevention related to campus sexual violence, intimate partner violence, and stalking.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transition to Teaching Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) School districts will need to hire more than 2,000,000
        teachers in the next decade. The need for teachers in the areas
        of mathematics, science, foreign languages, special education,
        and bilingual education, and for those able to teach in high-
        poverty school districts will be particularly high. To meet
        this need, talented Americans of all ages should be recruited
        to become successful, qualified teachers.
            (2) Nearly 28 percent of teachers of academic subjects have
        neither an undergraduate major nor minor in their main
        assignment fields. This problem is more acute in high-poverty
        schools, where the out-of-field percentage is 39 percent.
            (3) The Third International Math and Science Study (TIMSS)
        ranked United States high school seniors last among 16
        countries in physics and next to last in mathematics. It is
        also evident, mainly from the TIMSS data, that based on
        academic scores, a stronger emphasis needs to be placed on the
        academic preparation of our children in mathematics and
        science.
            (4) One-fourth of high-poverty schools find it very
        difficult to fill bilingual teaching positions, and nearly half
        of public school teachers have students in their classrooms for
        whom English is a second language.
            (5) Many career-changing professionals with strong content-
        area skills are interested in a teaching career, but need
        assistance in getting the appropriate pedagogical training and
        classroom experience.
            (6) The Troops to Teachers model has been highly successful
        in linking high-quality teachers to teach in high-poverty
        districts.

SEC. 3. PURPOSE.

    The purpose of this Act is to address the need of high-poverty
school districts for highly qualified teachers in particular subject
areas, such as mathematics, science, foreign languages, bilingual
education, and special education, needed by those school districts,
by--
            (1) continuing and enhancing the Troops to Teachers model
        for recruiting and supporting the placement of such teachers;
        and
            (2) recruiting, preparing, placing, and supporting career-
        changing professionals who have knowledge and experience that
        will help them become such teachers.

SEC. 4. PROGRAM AUTHORIZED.

    (a) Authority.--Subject to subsection (b), the Secretary is
authorized to use funds appropriated under subsection (c) for each
fiscal year to award grants, contracts, or cooperative agreements to
institutions of higher education and public and private nonprofit
agencies or organizations to carry out programs authorized by this Act.
    (b) Troops to Teachers.--
            (1) In general.--Before making awards under subsection (a)
        for any fiscal year, the Secretary shall first--
                    (A) consult with the Secretary of Defense and the
                Secretary of Transportation regarding the appropriate
                amount of funding needed to continue and enhance the
                Troops to Teachers program; and
                    (B) upon agreement, transfer that amount to the
                Defense Activity for Non-Traditional Education Support
                (DANTES) to carry out the Troops to Teachers program.
            (2) Continuation of program.--The Secretary may enter into
        a written agreement with the Departments of Defense and
        Transportation, or take such other steps as the Secretary
        determines are appropriate to ensure effective continuation of
        the Troops to Teachers program.
    (c) Authorization of Appropriations.--For the purpose of carrying
out this Act, there are authorized to be appropriated $18,000,000 for
each of fiscal years 2000 through 2005.

SEC. 5. APPLICATION.

    Each applicant that desires an award under section 4(a) shall
submit an application to the Secretary containing such information as
the Secretary requires, including--
            (1) a description of the target group of career-changing
        professionals upon which the applicant will focus in carrying
        out its program under this Act, including a description of the
        characteristics of that target group that shows how the
        knowledge and experience of its members are relevant to meeting
        the purpose of this Act;
            (2) a description of how the applicant will identify and
        recruit program participants;
            (3) a description of the training that program participants
        will receive and how that training will relate to their
        certification as teachers;
            (4) a description of how the applicant will ensure that
        program participants are placed and teach in high-poverty local
        educational agencies;
            (5) a description of the teacher induction services (which
        may be provided through existing induction programs) the
        program participants will receive throughout at least their
        first year of teaching;
            (6) a description of how the applicant will collaborate, as
        needed, with other institutions, agencies, or organizations to
        recruit, train, place, and support program participants under
        this Act, including evidence of the commitment of those
        institutions, agencies, or organizations to the applicant's
        program;
            (7) a description of how the applicant will evaluate the
        progress and effectiveness of its program, including--
                    (A) the program's goals and objectives;
                    (B) the performance indicators the applicant will
                use to measure the program's progress; and
                    (C) the outcome measures that will be used to
                determine the program's effectiveness; and
            (8) an assurance that the applicant will provide to the
        Secretary such information as the Secretary determines
        necessary to determine the overall effectiveness of programs
        under this Act.

SEC. 6. USES OF FUNDS AND PERIOD OF SERVICE.

    (a) Authorized Activities.--Funds under this Act may be used for--
            (1) recruiting program participants, including informing
        them of opportunities under the program and putting them in
        contact with other institutions, agencies, or organizations
        that would train, place, and support them;
            (2) training stipends and other financial incentives for
        program participants, not to exceed $5,000 per participant;
            (3) assisting institutions of higher education or other
        providers of teacher training to tailor their training to meet
        the particular needs of professionals who are changing their
        careers to teaching;
            (4) placement activities, including identifying high-
        poverty local educational agencies with a need for the
        particular skills and characteristics of the newly trained
        program participants and assisting those participants to obtain
        employment in those local educational agencies; and
            (5) post-placement induction or support activities for
        program participants.
    (b) Period of Service.--A program participant in a program under
this Act who completes his or her training shall serve in a high-
poverty local educational agency for at least 3 years.
    (c) Repayment.--The Secretary shall establish such requirements as
the Secretary determines appropriate to ensure that program
participants who receive a training stipend or other financial
incentive under subsection (a)(2), but fail to complete their service
obligation under subsection (b), repay all or a portion of such stipend
or other incentive.

SEC. 7. EQUITABLE DISTRIBUTION.

    To the extent practicable, the Secretary shall make awards under
this Act that support programs in different geographic regions of the
Nation.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) High-poverty local educational agency.--The term
        ``high-poverty local educational agency'' means a local
        educational agency in which the percentage of children, ages 5
        through 17, from families below the poverty level is 20 percent
        or greater, or the number of such children exceeds 10,000.
            (2) Program participants.--The term ``program
        participants'' means career-changing professionals who--
                    (A) hold at least a baccalaureate degree;
                    (B) demonstrate interest in, and commitment to,
                becoming a teacher; and
                    (C) have knowledge and experience that are relevant
                to teaching a high-need subject area in a high-need
                local educational agency.

Summary: Authorizes the Secretary of Education to use funds under this Act to award grants, contracts, or cooperative agreements to institutions of higher education (IHEs) and public and private nonprofit entities to carry out Transition-to-Teaching programs. Requires the Secretary, before making such awards, to: (1) consult with the Secretaries of Defense and of Transportation with respect to the appropriate amount of funding necessary to continue and enhance the Troops-to-Teachers program. And (2) transfer such amount to the Department of Defense to carry out such program. Authorizes the Secretary to enter into a written agreement with the Departments of Defense and of Transportation, or take other appropriate steps to ensure effective continuation of such program. Authorizes appropriations. Sets forth requirements for applications for Transition-to-Teaching program assistance. Authorizes use of such funds for: (1) recruitment of program participants, (2) training stipends and other financial incentives for program participants. (3) assistance to IHEs or other teacher training providers to meet particular needs of professionals changing their careers to teaching. (4) placement activities, including identifying high-poverty local educational agencies (LEAs) with needs for particular skills and characteristics of the newly trained program participants and assisting those participants to obtain employment in those LEAs. And (5) post-placement induction or support activities for program participants. Requires program participants who complete training to teach in a high-poverty LEA for at least three years, or else repay all or a portion of their training stipend or other incentive.

Transition to Teaching Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transparency and Honesty in Energy
Regulations Act of 2017''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) as a tool to justify Federal actions by the Secretary
        of Energy, the Administrator of the Environmental Protection
        Agency, the Secretary of the Interior, and the Chair of the
        Council on Environmental Quality to address greenhouse gas
        emissions, including the regulation or prohibition of the
        exploration, mining, production, and use of coal and other
        fossil fuels as energy sources, the social cost of carbon, the
        social cost of methane, and the social cost of nitrous oxide
        represent the hypothetical cost of 1 incremental ton of carbon
        dioxide, methane, or nitrous oxide emissions in a given year;
            (2) the document of the Office of Management and Budget
        entitled ``Circular A-4'' and dated September 17, 2003--
                    (A) guides Federal agencies on the development of
                regulatory impact analysis required under Executive
                Order 12866 (5 U.S.C. 601 note; relating to regulatory
                planning and review) and other authorities; and
                    (B) instructs Federal agencies to include discount
                rates of 3 and 7 percent and evaluate the costs and
                benefits of the regulatory action that accrue to
                citizens and residents of the United States;
            (3) first developed in 2009 by an interagency working group
        that included the Department of Energy, the Environmental
        Protection Agency, and the Council on Environmental Quality,
        the estimates for the social cost of carbon, as well as the
        subsequently developed estimates of the social cost of methane,
        and the social cost of nitrous oxide fail to comply with the 3-
        and 7-percent discount rates prescribed by the document of the
        Office of Management and Budget entitled ``Circular A-4'' and
        dated September 17, 2003;
            (4) while the document of the Office of Management and
        Budget entitled ``Circular A-4'' and dated September 17, 2003,
        specifies that, in carrying out an evaluation of the global
        effects of a rule, regulation, or action, the evaluation shall
        be reported separately from domestic costs and benefits of that
        rule, regulation, or action, the social cost of carbon instead
        calculates the global benefits in lieu of, not in addition to,
        the domestic costs of a rule, regulation, or action;
            (5) the use of the estimates for the social cost of carbon,
        the social cost of methane, and the social cost of nitrous
        oxide, in the rulemakings of the Department of Energy, the
        Environmental Protection Agency, the Department of the
        Interior, and the Council on Environmental Quality without
        public notice and an adequate opportunity for comment violates
        scientific peer review requirements;
            (6) the Environmental Protection Agency relied upon the
        social cost of methane, without appropriate peer review or
        opportunity for public notice and comment, in justifying the
        costs and benefits of the September 2015 proposed and the June
        2016 finalized rules under the Clean Air Act for methane
        emissions from new, modified, and reconstructed sources in the
        oil and gas sector;
            (7) the Department of the Interior used the social cost of
        methane estimate to justify the costs and benefits of the final
        rule entitled ``Waste Prevention, Production Subject to
        Royalties, and Resource Conservation'' (81 Fed. Reg. 83008
        (November 18, 2016));
            (8) the Council on Environmental Quality issued final
        guidance on August 1, 2016, that, with respect to a monetary
        cost-benefit analysis for an evaluation of a proposed Federal
        action under the National Environmental Policy Act of 1969 (42
        U.S.C. 4321 et seq.), directed the head of each Federal agency
        to include the social cost of carbon in any consideration of
        the effect of greenhouse gas emissions;
            (9) the regulations of the Department of Energy, the
        Environmental Protection Agency, the Department of the
        Interior, and the Council on Environmental Quality are costing
        families of the United States billions of dollars each year and
        are justified, in large part, by the social cost of carbon, the
        social cost of methane, and the social cost of nitrous oxide;
            (10) continued use of the social cost of carbon, the social
        cost of methane, and the social cost of nitrous oxide by the
        Department of Energy, the Environmental Protection Agency, the
        Department of the Interior, and the Council on Environmental
        Quality ignores sound science for the purpose of eliminating
        the exploration, mining, production, and use of the abundant
        domestic sources of fossil fuel energy of the United States;
            (11) Executive Order 13777 (82 Fed. Reg. 12285 (March 1,
        2017)) states that the policy of the United States is to
        alleviate any unnecessary regulatory burden on the people of
        the United States; and
            (12) Executive Order 13783 of March 28, 2017 (82 Fed. Reg.
        16093 (March 31, 2017))--
                    (A) disbands the interagency working group referred
                to in paragraph (3);
                    (B) withdraws the social cost of carbon, the social
                cost of methane, and the social cost of nitrous oxide;
                and
                    (C) directs Federal agencies, in monetizing the
                value of changes in greenhouse gas emissions as a
                result of a regulation, to follow the document of the
                Office of Management and Budget entitled ``Circular A-
                4'' and dated September 17, 2003, by using the discount
                rates specified in that document and evaluating only
                the domestic effects of the regulation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Social cost of carbon.--The term ``social cost of
        carbon'' means--
                    (A) the estimate of the social cost of carbon
                described in--
                            (i) the document entitled ``Technical
                        Support Document: Social Cost of Carbon for
                        Regulatory Impact Analysis Under Executive
                        Order 12866'', published by the Interagency
                        Working Group on Social Cost of Carbon, United
                        States Government, in February 2010; or
                            (ii)(I) the document entitled ``Technical
                        Support Document: Technical Update of the
                        Social Cost of Carbon for Regulatory Impact
                        Analysis Under Executive Order 12866'',
                        published by the Interagency Working Group on
                        Social Cost of Carbon, United States
                        Government, in May 2013 and revised in November
                        2013 and July 2015, and published and revised
                        by the Interagency Working Group on the Social
                        Cost of Greenhouse Gases, United States
                        Government, in August 2016; or
                            (II) any successor or substantially related
                        document; and
                    (B) any other estimate of the monetized damages
                associated with an incremental increase in carbon
                dioxide emissions in a given year.
            (3) Social cost of methane.--The term ``social cost of
        methane'' means--
                    (A) the estimate of the social cost of methane
                described in--
                            (i) the proposed rule entitled ``Oil and
                        Natural Gas Sector: Emission Standards for New
                        and Modified Sources'' (80 Fed. Reg. 56593
                        (September 18, 2015));
                            (ii) the final rule entitled ``Oil and
                        Natural Gas Sector: Emission Standards for New,
                        Reconstructed, and Modified Sources'' (81 Fed.
                        Reg. 35824 (June 3, 2016));
                            (iii) the regulatory impact analysis
                        entitled ``Regulatory Impact Analysis of the
                        Final Oil and Natural Gas Sector: Emission
                        Standards for New, Reconstructed, and Modified
                        Sources'', prepared by the Environmental
                        Protection Agency, Office of Air and Radiation,
                        in May 2016 and identified by docket ID number
                        EPA-HQ-OAR-2010-0505-7630; or
                            (iv)(I) the document entitled ``Addendum to
                        Technical Support Document on Social Cost of
                        Carbon for Regulatory Impact Analysis under
                        Executive Order 12866: Application of the
                        Methodology to Estimate the Social Cost of
                        Methane and the Social Cost of Nitrous Oxide'',
                        published by the Interagency Working Group on
                        Social Cost of Greenhouse Gases, United States
                        Government, in August 2016; or
                            (II) any successor or substantially related
                        document; and
                    (B) any other estimate of the monetized damages
                associated with an incremental increase in methane
                emissions in a given year.
            (4) Social cost of nitrous oxide.--The term ``social cost
        of nitrous oxide'' means--
                    (A) the estimate of the social cost of nitrous
                oxide described in--
                            (i) the document entitled ``Addendum to
                        Technical Support Document on Social Cost of
                        Carbon for Regulatory Impact Analysis under
                        Executive Order 12866: Application of the
                        Methodology to Estimate the Social Cost of
                        Methane and the Social Cost of Nitrous Oxide'',
                        published by the Interagency Working Group on
                        Social Cost of Greenhouse Gases, United States
                        Government, in August 2016; or
                            (ii) any other successor or substantially
                        related document; and
                    (B) any other estimate of the monetized damages
                associated with an incremental increase in nitrous
                oxide emissions in a given year.

SEC. 4. PROHIBITION ON CONSIDERING THE SOCIAL COST OF GREENHOUSE GAS,
              INCLUDING THE SOCIAL COST OF CARBON, THE SOCIAL COST OF
              METHANE, AND THE SOCIAL COST OF NITROUS OXIDE.

    (a) In General.--The Secretary of Energy, under any authority, the
Administrator, under the Clean Air Act (42 U.S.C. 7401 et seq.), the
Secretary of the Interior, under any authority, and the Chair of the
Council on Environmental Quality, under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), may not consider the
social cost of carbon, social cost of methane, or social cost of
nitrous oxide--
            (1) as part of any cost-benefit analysis required under--
                    (A) any law;
                    (B) Executive Order 12866 (5 U.S.C. 601 note;
                relating to regulatory planning and review); or
                    (C) Executive Order 13563 (5 U.S.C. 601 note;
                relating to improving regulation and regulatory
                review);
            (2) in any rulemaking;
            (3) in the issuance of any guidance;
            (4) in taking any other agency action; or
            (5) as a justification for any rulemaking, guidance
        document, or agency action.
    (b) Exception.--The Secretary of Energy, the Administrator, the
Secretary of the Interior, and the Chair of the Council on
Environmental Quality may consider the social cost of carbon, social
cost of methane, or social cost of nitrous oxide in carrying out an
activity described in subsection (a) only if, after the date of
enactment of this Act--
            (1) a Federal law is enacted that explicitly authorizes the
        consideration; or
            (2) the Secretary of Energy, the Administrator, the
        Secretary of the Interior, or the Chair of the Council on
        Environmental Quality uses an estimate for the social cost of
        carbon, social cost of methane, or social cost of nitrous oxide
        that--
                    (A) complies with the requirements of the document
                of the Office of Management and Budget entitled
                ``Circular A-4'' and dated September 17, 2003;
                    (B) uses the discount rates of 3 and 7 percent
                specified in that document;
                    (C) considers only the domestic costs and benefits
                of the activity; and
                    (D) uses only--
                            (i) the most up to date and empirically
                        estimated equilibrium climate sensitivity
                        distributions; and
                            (ii) realistic time horizons.

SEC. 5. REPORT OF THE ADMINISTRATOR.

    Not later than 120 days after the date of enactment of this Act,
the Administrator, in coordination and consultation with the Secretary
of Energy, the Secretary of the Interior, and the Chair of the Council
on Environmental Quality, shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of Representatives and the
Committees on Environment and Public Works and Energy and Natural
Resources of the Senate a report describing the number of proposed and
final rulemakings, guidance documents, and agency actions that, since
January 2009, have used the social cost of carbon, the social cost of
methane, or the social cost of nitrous oxide, including the use of the
social cost of carbon, the social cost of methane, or the social cost
of nitrous oxide as part of any cost-benefit analysis required under
Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory
planning and review) or other relevant authority.

Summary: Transparency and Honesty in Energy Regulations Act of 2017 This bill prohibits the Department of Energy, the Environmental Protection Agency (EPA), the Department of the Interior, and the Council on Environmental Quality from considering the social cost of carbon, methane, or nitrous oxide as part of any cost benefit analysis in the rule making process, unless a federal law is enacted authorizing such consideration. They may also consider those social costs if they use an estimate that: (1) complies with the requirements of the Office of Management and Budget's quot, Circular A-4quot, document. (2) uses the discount rates of three and seven percent specified in that document. (3) considers only the domestic costs and benefits of the activity. And (4) uses only the most up to date and empirically estimated equilibrium climate sensitivity distributions, and realistic time horizons. The EPA must report on the number of proposed and final rulemakings, guidance documents, and agency actions since January 2009 that use those social costs, including as part of any cost benefit analysis required under Executive Order 12866 or other relevant authority.


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.

Summary: 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 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.

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.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lupus Research and Care Amendments
of 2000''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) lupus is a serious, complex, inflammatory, autoimmune
        disease of particular concern to women;
            (2) lupus affects women nine times more often than men;
            (3) there are three main types of lupus: systemic lupus, a
        serious form of the disease that affects many parts of the
        body; discoid lupus, a form of the disease that affects mainly
        the skin; and drug-induced lupus caused by certain medications;
            (4) lupus can be fatal if not detected and treated early;
            (5) the disease can simultaneously affect various areas of
        the body, such as the skin, joints, kidneys, and brain, and can
        be difficult to diagnose because the symptoms of lupus are
        similar to those of many other diseases;
            (6) lupus disproportionately affects African-American
        women, as the prevalence of the disease among such women is
        three times the prevalence among white women, and an estimated
        1 in 250 African-American women between the ages of 15 and 65
        develops the disease;
            (7) it has been estimated that between 1,400,000 and
        2,000,000 Americans have been diagnosed with the disease, and
        that many more have undiagnosed cases;
            (8) current treatments for the disease can be effective,
        but may lead to damaging side effects;
            (9) many victims of the disease suffer debilitating pain
        and fatigue, making it difficult to maintain employment and
        lead normal lives; and
            (10) in fiscal year 1996, the amount allocated by the
        National Institutes of Health for research on lupus was
        $33,000,000, which is less than one-half of 1 percent of the
        budget for such Institutes.

                       TITLE I--RESEARCH ON LUPUS

SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES.

    Subpart 4 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285d et seq.) is amended by inserting after section 441 the
following section:

                                ``lupus

    ``Sec. 441A. (a) In General.--The Director of the Institute shall
expand and intensify research and related activities of the Institute
with respect to lupus.
    ``(b) Coordination With Other Institutes.--The Director of the
Institute shall coordinate the activities of the Director under
subsection (a) with similar activities conducted by the other national
research institutes and agencies of the National Institutes of Health
to the extent that such Institutes and agencies have responsibilities
that are related to lupus.
    ``(c) Programs for Lupus.--In carrying out subsection (a), the
Director of the Institute shall conduct or support research to expand
the understanding of the causes of, and to find a cure for, lupus.
Activities under such subsection shall include conducting and
supporting the following:
            ``(1) Research to determine the reasons underlying the
        elevated prevalence of lupus in women, including African-
        American women.
            ``(2) Basic research concerning the etiology and causes of
        the disease.
            ``(3) Epidemiological studies to address the frequency and
        natural history of the disease and the differences among the
        sexes and among racial and ethnic groups with respect to the
        disease.
            ``(4) The development of improved diagnostic techniques.
            ``(5) Clinical research for the development and evaluation
        of new treatments, including new biological agents.
            ``(6) Information and education programs for health care
        professionals and the public.
    ``(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2001 through 2003.''.

             TITLE II--DELIVERY OF SERVICES REGARDING LUPUS

SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS.

    (a) In General.--The Secretary of Health and Human Services shall
in accordance with this title make grants to provide for projects for
the establishment, operation, and coordination of effective and cost-
efficient systems for the delivery of essential services to individuals
with lupus and their families.
    (b) Recipients of Grants.--A grant under subsection (a) may be made
to an entity only if the entity is a public or nonprofit private
entity, which may include a State or local government; a public or
nonprofit private hospital, community-based organization, hospice,
ambulatory care facility, community health center, migrant health
center, or homeless health center; or other appropriate public or
nonprofit private entity.
    (c) Certain Activities.--To the extent practicable and appropriate,
the Secretary shall ensure that projects under subsection (a) provide
services for the diagnosis and disease management of lupus. Activities
that the Secretary may authorize for such projects may also include the
following:
            (1) Delivering or enhancing outpatient, ambulatory, and
        home-based health and support services, including case
        management and comprehensive treatment services, for
        individuals with lupus; and delivering or enhancing support
        services for their families.
            (2) Delivering or enhancing inpatient care management
        services that prevent unnecessary hospitalization or that
        expedite discharge, as medically appropriate, from inpatient
        facilities of individuals with lupus.
            (3) Improving the quality, availability, and organization
        of health care and support services (including transportation
        services, attendant care, homemaker services, day or respite
        care, and providing counseling on financial assistance and
        insurance) for individuals with lupus and support services for
        their families.
    (d) Integration With Other Programs.--To the extent practicable and
appropriate, the Secretary shall integrate the program under this title
with other grant programs carried out by the Secretary, including the
program under section 330 of the Public Health Service Act.

SEC. 202. CERTAIN REQUIREMENTS.

    A grant may be made under section 201 only if the applicant
involved makes the following agreements:
            (1) Not more than 5 percent of the grant will be used for
        administration, accounting, reporting, and program oversight
        functions.
            (2) The grant will be used to supplement and not supplant
        funds from other sources related to the treatment of lupus.
            (3) The applicant will abide by any limitations deemed
        appropriate by the Secretary on any charges to individuals
        receiving services pursuant to the grant. As deemed appropriate
        by the Secretary, such limitations on charges may vary based on
        the financial circumstances of the individual receiving
        services.
            (4) The grant will not be expended to make payment for
        services authorized under section 201(a) to the extent that
        payment has been made, or can reasonably be expected to be
        made, with respect to such services--
                    (A) under any State compensation program, under an
                insurance policy, or under any Federal or State health
                benefits program; or
                    (B) by an entity that provides health services on a
                prepaid basis.
            (5) The applicant will, at each site at which the applicant
        provides services under section 201(a), post a conspicuous
        notice informing individuals who receive the services of any
        Federal policies that apply to the applicant with respect to
        the imposition of charges on such individuals.

SEC. 203. TECHNICAL ASSISTANCE.

    The Secretary may provide technical assistance to assist entities
in complying with the requirements of this title in order to make such
entities eligible to receive grants under section 201.

SEC. 204. DEFINITIONS.

    For purposes of this title:
            (1) The term ``official poverty line'' means the poverty
        line established by the Director of the Office of Management
        and Budget and revised by the Secretary in accordance with
        section 673(2) of the Omnibus Budget Reconciliation Act of
        1981.
            (2) The term ``Secretary'' means the Secretary of Health
        and Human Services.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    For the purpose of carrying out this title, there are authorized to
be appropriated such sums as may be necessary for each of the fiscal
years 2001 through 2003.

            Passed the House of Representatives October 10, 2000.

            Attest:

                                                                 Clerk.

Summary: Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health. And (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women. Authorizes appropriations. Title II: Delivery of Services Regarding Lupus - Mandates grants for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with lupus and their families. Requires the Secretary of Health and Human Services to: (1) ensure that grant projects provide services for lupus diagnosis and disease management. And (2) integrate such projects with other grant programs carried out by the Secretary. Authorizes technical assistance. Authorizes appropriations.