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 ``Securities Investors Privacy
Enhancement Act of 1998''.

SEC. 2. CONFIDENTIAL FINANCIAL INFORMATION OF CUSTOMERS OF BROKERS AND
              DEALERS.

    Section 15A(b) of the Securities Exchange Act of 1934 (15 U.S.C.
78o-3(b)) is amended by adding at the end the following new paragraph:
            ``(14) The rules of the association include rules to
        require members of the association--
                    ``(A) to protect the confidentiality of financial
                information of, and relating to, their customers;
                    ``(B) to inform their customers whenever--
                            ``(i) financial information is being
                        collected that pertains to such customers; or
                            ``(ii) a member intends (with the approval
                        of the customer pursuant to subparagraph
                        (C)(ii)) to offer financial information
                        pertaining to such customer to any other
                        person, including an affiliate or agent of such
                        member; and
                    ``(C) to refrain, and to take measures reasonably
                designed to prevent their agents, from using,
                disclosing, or permitting access to individually
                identifiable financial information pertaining to any
                customer except--
                            ``(i) for the provision of the financial
                        services from which such information is
                        derived, or services necessary to, or used in,
                        the provision of such services;
                            ``(ii) upon the affirmative written
                        request, or with the affirmative written
                        consent, of the customer to whom the
                        information pertains; or
                            ``(iii) upon request of the Commission or
                        as otherwise required by law.''.

SEC. 3. CONFIDENTIAL FINANCIAL INFORMATION OF SHAREHOLDERS OF
              INVESTMENT COMPANIES.

    Section 38 of the Investment Company Act of 1940 (15 U.S.C. 80a-37)
is amended by adding at the end the following new subsection:
    ``(d) Privacy of Financial Information.--The Commission, as it
deems necessary or appropriate in the public interest or for the
protection of investors, shall adopt rules or regulations to require
any investment company--
            ``(1) to protect the confidentiality of financial
        information of, and relating to, the beneficial owners of the
        outstanding securities of the investment company;
            ``(2) to inform a beneficial owner of the outstanding
        securities of the investment company whenever--
                    ``(A) financial information is being collected that
                pertains to such beneficial owner; or
                    ``(B) the investment company intends (with the
                approval of the beneficial owner pursuant to paragraph
                (3)(B)) to offer financial information pertaining to
                such beneficial owner to any other person, including an
                affiliate or agent of such investment company; and
            ``(3) to refrain, and to take measures reasonably designed
        to prevent their agents, from using, disclosing, or permitting
        access to individually identifiable financial information
        pertaining to any such beneficial owner except--
                    ``(A) for the provision of the financial services
                from which such information is derived, or services
                necessary to, or used in, the provision of such
                services;
                    ``(B) upon the affirmative written request, or with
                the affirmative written consent, of the beneficial
                owner to whom the information pertains; or
                    ``(C) upon request of the Commission or as
                otherwise required by law.''.

SEC. 4. CONFIDENTIAL FINANCIAL INFORMATION OF CLIENTS OF INVESTMENT
              ADVISERS.

    Section 211 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
11) is amended by adding at the end the following new subsection:
    ``(e) Privacy of Financial Information.--The Commission, as it
deems necessary or appropriate in the public interest or for the
protection of investors, shall adopt rules or regulations to require
any investment adviser--
            ``(1) to protect the confidentiality of financial
        information of, and relating to, the clients of the investment
        adviser;
            ``(2) to inform a client of the investment adviser
        whenever--
                    ``(A) financial information is being collected that
                pertains to such client; or
                    ``(B) the investment adviser intends (with the
                approval of the client pursuant to paragraph (3)(B)) to
                offer financial information pertaining to such client
                to any other person, including an affiliate or agent of
                such investment adviser; and
            ``(3) to refrain, and to take measures reasonably designed
        to prevent their agents, from using, disclosing, or permitting
        access to individually identifiable financial information
        pertaining to any such client except--
                    ``(A) for the provision of the financial services
                from which such information is derived, or services
                necessary to, or used in, the provision of such
                services;
                    ``(B) upon the affirmative written request, or with
                the affirmative written consent, of the client to whom
                the information pertains; or
                    ``(C) upon request of the Commission or as
                otherwise required by law.''.

Output: Securities Investors Privacy Enhancement Act of 1998 - Amends the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to prescribe guidelines under which registered securities associations, and the Securities and Exchange Commission, shall adopt rules and regulations requiring brokers and dealers to protect the confidentiality of financial information relating to their customers.


Input:
SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``International
Dolphin Conservation Act Amendments of 1995''.
    (b) References to Marine Mammal Protection Act.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1361 et seq.).

SEC. 2. PURPOSES.

    The purposes of this Act are the following:
            (1) To recognize the achievements of, and support continued
        implementation of, the International Dolphin Conservation
        Program administered by the Inter-American Tropical Tuna
        Commission.
            (2) To modify and strengthen the embargo provisions of the
        Marine Mammal Protection Act of 1972 to assure compliance with
        that program.
            (3) To authorize participation by United States tuna
        fishing vessels in the yellowfin tuna fishery of the eastern
        tropical Pacific Ocean in accordance with that program.
            (4) To ensure a viable and ecologically sound tuna fishery
        in the eastern tropical Pacific Ocean, including by avoidance
        of bycatch of nontargeted marine species, maintenance of
        healthy stocks of tuna, and protection of marine mammal
        populations.
            (5) To otherwise strengthen and improve international
        efforts to reduce incidental dolphin mortality to insignificant
        levels approaching a zero mortality and serious injury rate as
        required by the Marine Mammal Protection Act of 1972.

SEC. 3. AMENDMENT OF INTERNATIONAL DOLPHIN CONSERVATION ACT.

    Title III of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1411-1418) is amended to read as follows:

        ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

``SEC. 301. FINDINGS AND POLICY.

    ``(a) Findings.--The Congress finds the following:
            ``(1) Although in past years the yellowfin tuna fishery of
        the eastern tropical Pacific Ocean has resulted in excessive
        incidental mortality to dolphins, efforts by tuna fishermen
        operating under United States and international conservation
        programs have reduced this incidental mortality to levels that
        are approaching a zero mortality and serious injury rate in
        accordance with section 101(a)(2).
            ``(2) Support of the International Dolphin Conservation
        Program is necessary to assure that these low levels of dolphin
        mortality are maintained and eventually eliminated, if
        possible.
            ``(3) United States tuna fishing vessels have led the world
        in the development of fishing methods to reduce dolphin
        mortalities in the eastern tropical Pacific Ocean and should be
        allowed to fish in that region on an equal basis with foreign
        fleets.
    ``(b) Policy.--It is the policy of the United States to--
            ``(1) continue the progress made in reducing the incidental
        mortality of dolphins in the yellowfin tuna fishery in the
        eastern tropical Pacific Ocean;
            ``(2) support the International Dolphin Conservation
        Program; and
            ``(3) authorize the participation of United States tuna
        fishing vessels in the yellowfin tuna fishery of the eastern
        tropical Pacific Ocean in a manner consistent with the
        International Dolphin Conservation Program and the requirements
        of this Act.

``SEC. 302. AUTHORITY OF SECRETARY.

    ``(a) Regulations.--The Secretary may issue regulations to govern
the incidental taking of marine mammals in the course of commercial
purse seine fishing for yellowfin tuna in the eastern tropical Pacific
Ocean. Any such regulations shall be consistent with the requirements
of the International Dolphin Conservation Program and with the goal of
reducing the incidental mortality or serious injury of marine mammals
occurring in the yellowfin tuna fishery in the eastern tropical Pacific
Ocean to insignificant levels approaching a zero mortality and serious
injury rate.
    ``(b) Consultations.--In developing any regulation under this
section, the Secretary shall consult with the Secretary of State and
the United States Commissioners to the Inter-American Tropical Tuna
Commission appointed under section 3 of the Tuna Conventions Act of
1950 (16 U.S.C. 952).

``SEC. 303. OBSERVERS.

    ``All vessels subject to the jurisdiction of the United States
engaged in commercial purse seine fishing for yellowfin tuna in the
eastern tropical Pacific Ocean shall carry an observer certified by the
Secretary or by the Inter-American Tropical Tuna Commission for the
purpose of conducting research and observing fishing operations unless,
for reasons beyond the control of the Secretary, an observer is not
available for such purpose.

``SEC. 304. PROHIBITIONS, PENALTIES, AND CIVIL FORFEITURES.

    ``(a) Prohibitions.--It is unlawful--
            ``(1) for any person to violate any regulation promulgated
        under this title;
            ``(2) for any person to refuse to allow any duly authorized
        officer to board a vessel subject to that person's control for
        purposes of conducting any search or inspection in connection
        with the enforcement of this title;
            ``(3) for any person to assault, resist, oppose, impede,
        intimidate, or interfere with any such authorized officer in
        the conduct of any search or inspection described in paragraph
        (2); and
            ``(4) for any person or vessel subject to the jurisdiction
        of the United States intentionally to set a purse seine net on
        or to encircle any marine mammal in the course of tuna fishing
        operations in the eastern tropical Pacific Ocean except in
        accordance with the International Dolphin Conservation Program.
    ``(b) Penalties.--
            ``(1) Civil penalty.--A person that knowingly and willfully
        violates subsection (a)(1), (2), or (4) shall be subject to a
        civil penalty under section 105(a).
            ``(2) Criminal penalty.--A person that knowingly and
        willfully violates subsection (a)(3) shall be subject to a
        criminal penalty under section 105(b).
    ``(c) Civil Forfeitures.--Any vessel (including its fishing gear,
appurtenances, stores, and cargo) used, and any fish (or its fair
market value) taken or retained, in any manner, in connection with or
as a result of the commission of any act prohibited by this section
shall be subject to forfeiture to the United States in the manner
provided in section 310 of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1860).
    ``(d) Clerical Amendments.--The table of contents in the first
section of the Marine Mammal Protection Act of 1972 is amended by
striking the items relating to title III and inserting the following:

        ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

``Sec. 301. Findings and policy.
``Sec. 302. Authority of Secretary.
``Sec. 303. Observers.
``Sec. 304. Prohibitions, penalties, and civil forfeitures.''.
SEC. 4. DEFINITIONS.

    Section 3 (16 U.S.C. 1362) is amended by adding at the end the
following new paragraph:
            ``(28) The term `International Dolphin Conservation
        Program' means--
                    ``(A) the international program established by the
                agreement signed in La Jolla, California, in June,
                1992, and administered by the Inter-American Tropical
                Tuna Commission; or
                    ``(B) an equivalent successor program agreed to by
                the United States.''.

SEC. 5. AMENDMENT OF EMBARGO PROVISIONS.

    Section 101(a)(2)(B) (16 U.S.C. 1371(a)(2)(B)) is amended to read
as follows:
            ``(B) in the case of yellowfin tuna harvested with purse
        seine nets in the eastern tropical Pacific Ocean, and products
        therefrom, to be exported to the United States, shall require
        that the government of the exporting nation provide documentary
        evidence that the fishing vessels of the exporting nation
        participate in the International Dolphin Conservation Program.
        Such participation in the International Dolphin Conservation
        Program shall be deemed as establishing that such nation's
        regulatory program is comparable to, and not in excess of,
        United States standards if--
                    ``(i) dolphin mortality under the International
                Dolphin Conservation Program is within the potential
                biological removal level for each affected stock;
                    ``(ii) the fishing vessels of the exporting nation
                are subject to 100 percent observer coverage by
                observers approved by the Inter-American Tropical Tuna
                Commission;
                    ``(iii) the government of the exporting nation
                authorizes the Inter-American Tropical Tuna Commission
                to release sufficient information to the Secretary to
                establish participation in the International Dolphin
                Conservation Program;
                    ``(iv) the government of the exporting nation
                complies with all reasonable requests for cooperation
                in carrying out the scientific research program
                required by section 117; and
                    ``(v) responsible officials administering the
                International Dolphin Conservation Program have not
                determined that any fishing vessel of the exporting
                nation is failing to participate in such program.''.
SEC. 6. FURTHER TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Miscellaneous Amendments to Title I.--
            (1) Section 101(a)(2) (16 U.S.C. 1371(a)) is amended in the
        second sentence by striking the semicolon and all that follows
        through ``practicable''.
            (2) Section 104(a) (16 U.S.C. 1374(a)) is amended in the
        second sentence by striking ``, or subsection (h) of this
        section''.
            (3) Section 104 (16 U.S.C. 1374) is amended by striking
        subsection (h).
            (4) Section 118(a)(3) (16 U.S.C. 1387(a)(3)) is amended to
        read as follows:
    ``(3) Title III, and not this section, shall govern the taking of
marine mammals in the course of commercial purse seine fishing for
yellowfin tuna in the eastern tropical Pacific Ocean.''.
    (b) Citizens on Foreign Vessels.--Section 101 (16 U.S.C. 1371) is
amended by adding at the end the following new subsection:
    ``(d) The provisions of this Act shall not apply to the taking of
marine mammals during fishing operations by a citizen of the United
States when such citizen is employed on a foreign fishing vessel that
is participating in the International Dolphin Conservation Program.''.
    (c) Tuna Conventions Act.--Section 3(c) of the Tuna Conventions Act
of 1950 (16 U.S.C. 952(c)) is amended to read as follows:
            ``(c) at least one shall be either the Director, or an
        appropriate regional director of the National Marine Fisheries
        Service; and''.

SEC. 7. REPEAL OF MARKETPLACE LABELING REQUIREMENTS.

    (a) In General.--The Dolphin Protection Consumer Information Act
(16 U.S.C. 1385) is repealed.
    (b) Relationship to Other Law.--Nothing in this section shall in
any way affect, or be construed to affect, requirements for the
protection and management of marine mammals under the Driftnet Impact
Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822 note),
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), or
any other applicable law.

Output:
International Dolphin Conservation Act Amendments of 1995 - Amends the Marine Mammal Protection Act of 1972 to replace provisions relating to a global moratorium to prohibit certain tuna harvesting practices with provisions declaring that it is U.S. policy to:  (1) continue progress in reducing incidental mortality of dolphins in the eastern tropical Pacific Ocean yellowfin tuna fishery; (2) support the International Dolphin Conservation Program; and (3) authorize participation of U.S. tuna fishing vessels in the fishery of that area in a manner consistent with the Program and this Act.
Authorizes regulations on the incidental taking of marine mammals during commercial purse seine yellowfin tuna fishing in that area. Requires all vessels subject to U.S. jurisdiction engaged in such fishing in that area to carry a certified observer to conduct research and observe fishing operations. Makes it unlawful to:  (1) violate any regulation under these provisions; (2) resist, intimidate, or interfere with boarding or inspection by an authorized officer; or (3) intentionally set a purse seine net on any marine mammal during tuna fishing in that area.  Imposes civil and criminal penalties and civil forfeitures.
Revises the requirements applicable to nations exporting yellowfin tuna to the United States.
Repeals the Dolphin Protection Consumer Information Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Building Our Children's Future Act
of 2002''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) According to a 1995 General Accounting Office report,
        the unmet need for school construction and renovation in the
        United States is $112,000,000,000. The National Center for
        Education Statistics further found that \3/4\ of the Nation's
        schools need funding to bring buildings up to good overall
        condition.
            (2) The Department of Education has found that the average
        age of a public school building is 42 years, an age when
        schools tend to deteriorate.
            (3) According to a 1999 report from the National Education
        Association, at least an additional 2,400 new public schools
        will be needed by 2003 to accommodate the ``baby boom echo''.
            (4) In 2000, the General Accounting Office reported that
        annual school construction expenditures increased nationally by
        39 percent from fiscal year 1990 through 1997, from
        $17,800,000,000 to $24,700,000,000.
            (5) Studies have found a link between school building
        conditions and student learning. In 1996, Dr. Glenn Earthman of
        the Virginia Polytechnic Institute and State University
        compared test scores in substandard and above standard schools,
        and found a positive correlation between school conditions and
        test scores.
            (6) Rural schools face different and difficult school
        modernization needs and often have limited financial resources
        to meet their needs. In 1996, the General Accounting Office
        reported that 30 percent of small town and rural schools have
        at least 1 inadequate building and 52 percent have at least 1
        building feature, such as a roof, plumbing, heating or air
        conditioning, needing repair or replacement.
            (7) Schools in smaller areas have low tax bases that make
        it difficult to pay for bond financing costs. Also, such
        schools' bond issues are relatively small and unfamiliar to
        investors, making them less attractive.
            (8) In 2000, the General Accounting Office reported that
        areas with the highest enrollment growth rates also tend to
        have the highest construction expenditures per pupil.
            (9) In addition to basic infrastructure, providing students
        and teachers access to technology will be a critical part of
        school improvement in the 21st century, and the provision of
        such access will require renovation.
            (10) The Federal Government has made a commitment to
        support the education of students with disabilities and
        providing such education can require renovation and increased
        construction costs.
    (b) Purpose.--It is the purpose of this Act to provide grants for
school renovation, repair, and construction, with priority given to
serving schools that--
            (1) have been damaged or destroyed by a natural disaster;
        or
            (2) the State determines are high poverty or high growth
        schools.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Local educational agency.--The term ``local educational
        agency'' has the meaning given such term in section 9101 of the
        Elementary and Secondary Education Act of 1965 (20 U.S.C.
        7801).
            (2) Outlying area.--The term ``outlying area'' has the
        meaning given such term in section 9101 of the Elementary and
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Education.
            (4) State.--The term ``State'' means each of the 50 States,
        the District of Columbia, and the Commonwealth of Puerto Rico.

SEC. 4. GRANTS FOR SCHOOL RENOVATION.

    (a) Allotments.--
            (1) Reservation of funds.--From funds appropriated under
        subsection (c) for a fiscal year, the Secretary shall--
                    (A) reserve 7.5 percent to award grants to local
                educational agencies--
                            (i) that received a basic support payment
                        under section 8003(b) of the Elementary and
                        Secondary Education Act of 1965 (20 U.S.C.
                        7703(b)) for the preceding fiscal year; and
                            (ii) with respect to which the number of
                        children determined under section 8003(a)(1)(C)
                        of the Elementary and Secondary Education Act
                        of 1965 (20 U.S.C. 7703(a)(1)(C)) for the
                        preceding school year constituted at least 50
                        percent of the total student enrollment in the
                        schools of that agency during the preceding
                        school year,
                for the construction, renovation, or repair of schools
                served by those agencies; and
                    (B) reserve 0.325 percent to award grants to local
                educational agencies in the outlying areas for the
                renovation or repair of high-need schools (as defined
                in section 2304(d)(3) of the Elementary and Secondary
                Education Act of 1965 (20 U.S.C. 6674(d)(3))) served by
                such agencies.
            (2) Allotment to states.--
                    (A) In general.--Subject to subparagraph (B), from
                funds appropriated under subsection (c) for a fiscal
                year that are not reserved under paragraph (1), the
                Secretary shall make an allotment to each State in an
                amount that bears the same relation to the funds as the
                amount the State received under part A of title I of
                the Elementary and Secondary Education Act of 1965 (20
                U.S.C. 6311 et seq.) for the preceding fiscal year
                bears to the amount received by all States under such
                part for the preceding fiscal year.
                    (B) Minimum grant amount.--No State receiving an
                allotment under subparagraph (A) shall receive less
                than \1/2\ of 1 percent of the total amount allotted
                under such subparagraph.
    (b) Grants to Local Educational Agencies.--A State that receives an
allotment under subsection (a)(2) shall expend--
            (1) 75 percent of the allotted funds to award grants, on a
        competitive basis, to local educational agencies for the
        renovation or repair of schools served by the agencies, with
        priority given to the renovation or repair of schools that--
                    (A) have been damaged or destroyed by a natural
                disaster; or
                    (B) the State determines are high poverty or high
                growth schools; and
            (2) 25 percent of the allotted funds to award grants, on a
        competitive basis, to local educational agencies--
                    (A) to carry out part B of the Individuals with
                Disabilities Education Act (20 U.S.C. 1400 et seq.); or
                    (B) to improve technology in the schools served by
                the local educational agencies.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act $1,000,000,000 for fiscal year 2003
and each of the 4 succeeding fiscal years.

Output: Building Our Children's Future Act of 2002 - Establishes a grant program for renovation of schools.Directs the Secretary of Education to allot such grants to States using an allocation formula based on part A of title I of the Elementary and Secondary Education Act of 1965.Requires reservation of specified amounts for direct Federal grants to: (1) local educational agencies (LEAs) that received impact aid basic support payments, and had eligible federally-connected students as more than half of their enrollment, during the preceding fiscal year, for construction, renovation, or repair; and (2) LEAs in the outlying areas, for renovation or repair of high-need schools.Requires a State's allotment to be used for competitive subgrants to LEAs, as follows. Requires 75 percent to be for school renovation or repair, with priorities for: (1) schools damaged or destroyed by a natural disaster; and (2) high-poverty or high-growth schools, as determined by the State. Requires the remaining 25 percent to be for carrying out part B of the Individuals with Disabilities Education Act, or for improving technology in schools.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``21st Century Readiness Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Students must be prepared in core academic subjects.
            (2) Students must possess the skills to be able to think
        critically and solve problems, be effective communicators,
        collaborate with others, and learn to create and innovate.
            (3) In order for students in the United States to be
        prepared to succeed in citizenship and workplaces of the
        present and future, core academic subjects must be fused with
        critical thinking and problem solving, communication,
        collaboration, and creativity and innovation skills, as such
        skills are critical for success in the 21st century.
            (4) The work of the National Governors Association, along
        with the Council of Chief State School Officers, in developing
        a set of voluntary and internationally benchmarked national
        common standards in mathematics and English that include
        rigorous content and 21st century skills, is a positive
        development and should serve as a basis for incorporating those
        skills and other critical skills throughout other core academic
        subjects in the future. Federal policy must support State
        leadership and encourage continued State innovation.

SEC. 3. COLLEGE AND CAREER READINESS STATEMENT OF PURPOSE.

    Section 1001 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301) is amended--
            (1) in paragraph (11), by striking ``and'' after the
        semicolon;
            (2) in paragraph (12), by striking the period and inserting
        ``; and''; and
            (3) by adding at the end the following:
            ``(13) fusing core academic subject knowledge mastery and
        higher-order thinking skills (such as critical thinking and
        problem solving, communication, collaboration, creativity, and
        innovation) to ensure that students can apply a range of skill
        competencies alongside content knowledge, and do so in real-
        world contexts.''.

SEC. 4. EVALUATING OF COLLEGE AND CAREER READINESS.

    Section 1501(a)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6491(a)(2)) is amended--
            (1) by redesignating subparagraph (O) as subparagraph (P);
        and
            (2) by inserting after subparagraph (N) the following:
                    ``(O) The extent to which fusing core academic
                subjects and higher-order thinking skills (such as
                critical thinking and problem solving, communication,
                collaboration, creativity, and innovation) to ensure
                that students can apply a range of skill competencies
                alongside content knowledge in real-world contexts
                leads to readiness for postsecondary education and
                careers.''.

SEC. 5. SCHOOL REFORM THROUGH 21ST CENTURY READINESS INITIATIVES.

    Section 1606(a) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6516(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (10);
            (2) by redesignating paragraph (11) as paragraph (12); and
            (3) by inserting after paragraph (10) the following:
            ``(11) includes a 21st century readiness initiative
        designed to fuse core academic subject knowledge and higher-
        order thinking skills (such as critical thinking and problem
        solving, communication, collaboration, creativity, and
        innovation) to ensure students can apply a range of skill
        competencies alongside content knowledge, and do so in real-
        world contexts; and''.

SEC. 6. SCHOOL DROPOUT PREVENTION STRATEGIES THROUGH 21ST CENTURY
              READINESS INITIATIVES.

    Section 1822(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6561a(b)(1)) is amended--
            (1) in subparagraph (I), by striking ``and'' after the
        semicolon;
            (2) in subparagraph (J), by striking the period and
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(K) implementing 21st century readiness
                initiatives, such as initiatives that fuse core
                academic subject knowledge and higher-order thinking
                skills (such as critical thinking and problem solving,
                communication, collaboration, creativity, and
                innovation) to ensure students can apply a range of
                skill competencies alongside content knowledge, and do
                so in real-world contexts.''.

SEC. 7. HIGH-QUALITY PROFESSIONAL DEVELOPMENT INITIATIVES AROUND 21ST
              CENTURY SKILLS.

    Section 2102 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6602) is amended--
            (1) by redesignating paragraphs (4) through (6) as
        paragraphs (5) through (7), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) High-quality professional development.--The term
        `high-quality professional development' means professional
        development that incorporates an aligned system of teaching and
        learning that includes 21st century skills (such as critical
        thinking and problem solving, communication, collaboration,
        creativity, and innovation), standards, curriculum,
        instruction, and assessments, such as high-quality professional
        development that--
                    ``(A) ensures that educators understand the
                importance of 21st century skills and how best to
                integrate such skills into daily instruction;
                    ``(B) enables collaboration among all participants;
                    ``(C) allows educators to construct their own
                learning communities;
                    ``(D) uses expertise within a school or local
                educational agency through coaching, mentoring, and
                team teaching;
                    ``(E) supports educators in their role as
                facilitators of learning; and
                    ``(F) uses 21st century skills technology tools.''.

SEC. 8. HIGH-QUALITY PROFESSIONAL DEVELOPMENT APPLICATION.

    Section 2122(b) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6622(b)) is amended by adding at the end the following:
            ``(12) A description of how the local educational agency
        will provide high-quality professional development to enable
        educators to--
                    ``(A) deliver instruction on higher-order thinking
                skills (such as critical thinking and problem solving,
                communication, collaboration, creativity, and
                innovation) to ensure that students can apply a range
                of skill competencies alongside core academic subject
                knowledge, and do so in real-world contexts; and
                    ``(B) use the latest available technology to
                deliver instruction on higher-order thinking skills.''.

SEC. 9. HIGH-QUALITY PROFESSIONAL DEVELOPMENT TRAINING.

    Section 2123(a)(3)(B) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6623(a)(3)(B)) is amended--
            (1) in clause (iv), by striking ``and'' at the end;
            (2) in clause (v), by striking the period at the end and
        adding ``; and''; and
            (3) by adding at the end the following:
                            ``(vi) provide training on how to deliver
                        instruction on higher-order thinking skills
                        (such as critical thinking and problem solving,
                        communication, collaboration, creativity, and
                        innovation) so that students can apply a range
                        of skill competencies alongside core academic
                        subject knowledge, and do so in real-world
                        contexts, which may include effectively
                        integrating technology into curricula and
                        instruction.''.

SEC. 10. EXPANDED 21ST CENTURY COMMUNITY LEARNING CENTER ACTIVITIES.

    Section 4205(a) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7175(a)) is amended--
            (1) in paragraph (11), by striking ``and'' at the end;
            (2) in paragraph (12), by striking the period at the end
        and adding ``; and''; and
            (3) by adding at the end the following:
            ``(13) initiatives that allow students to apply a range of
        skill competencies (such as critical thinking and problem
        solving, communication, collaboration, creativity, and
        innovation) alongside core academic subjects, and do so in
        real-world contexts, which may include effectively using
        technology to improve student achievement.''.

SEC. 11. 21ST CENTURY READINESS ASSESSMENTS.

    Section 6111(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7301(2)) is amended by adding at the end the following:
                    ``(I) Developing or improving assessments that use
                technology to measure core academic subject knowledge
                and higher-order thinking skills (such as critical
                thinking and problem solving, communication,
                collaboration, creativity, and innovation) to ensure
                that students can apply a range of skill competencies
                alongside core academic subject knowledge, and do so in
                real-world contexts.''.

SEC. 12. 21ST CENTURY READINESS INITIATIVE DEFINITION.

    Section 9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801) is amended--
            (1) by redesignating paragraphs (1) through (43) as
        paragraphs (2) through (44), respectively; and
            (2) by inserting before paragraph (2), the following:
            ``(1) 21st century readiness initiative.--The term `21st
        century readiness initiative' means any initiative that--
                    ``(A) embeds core academic subjects with critical
                skills; and
                    ``(B) is focused on ensuring that students are
                prepared for postsecondary education and careers, upon
                graduation from secondary school.''.

Output:
21st Century Readiness Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to support 21st century readiness initiatives that fuse core academic subject knowledge and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) to ensure that students are prepared for postsecondary education and careers, upon graduation from secondary school.

Amends title I (Improving the Academic Achievement of the Disadvantaged) of the ESEA to require the Secretary of Education, as part of the national assessment of title I programs, to examine the extent to which such initiatives improve student readiness for postsecondary education and careers.

Includes 21st century readiness initiatives in comprehensive school reform programs and school dropout prevention and reentry programs under title I.

Amends title II (Preparing, Training, and Recruiting High Quality Teachers and Principals) of the ESEA to require high-quality professional development programs to incorporate an aligned system of teaching and learning that includes 21st century skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation), standards, curriculum, instruction, and assessments.

Requires LEAs to use title II subgrants to enable educators to deliver instruction on higher-order thinking skills and use the latest available technology in doing so.

Amends title IV (21st Century Schools) of the ESEA to include 21st century readiness initiatives in 21st Century Community Learning Center activities. (21st Century Community Learning Centers provide students with before and after school programs to improve their academic performance.)

Amends title VI (Flexibility and Accountability) of the ESEA to allow assessment grants to be used by states to develop or improve assessments that use technology to measure core academic subject knowledge and higher-order thinking skills to ensure that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Physician Access in
Teaching Hospitals (PATH) Act of 2011''.

SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY SLOTS.

    Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is
amended--
            (1) in paragraph (7)(E), by inserting ``paragraph (9),''
        after ``paragraph (8),''; and
            (2) by adding at the end the following:
            ``(9) Distribution of additional residency positions.--
                    ``(A) Reductions in limit based on unused
                positions.--
                            ``(i) In general.--Except as provided in
                        clause (ii), if a hospital's resident level (as
                        defined in paragraph (7)(C)(i)) for each of the
                        5 most recent cost reporting periods (ending
                        before the date of the enactment of this
                        paragraph) of the hospital for which a cost
                        report has been settled (or, if not, submitted
                        subject to audit) as determined by the
                        Secretary is less than the otherwise applicable
                        resident limit (as defined in paragraph
                        (8)(H)(iii)), effective for portions of cost
                        reporting periods occurring on or after the
                        paragraph (9) effective date (as defined in
                        subparagraph (E)), the otherwise applicable
                        resident limit shall be reduced by the
                        difference between such otherwise applicable
                        resident limit and the highest such reference
                        resident level for any of such 5 cost reporting
                        periods.
                            ``(ii) Exception.--Clause (i) shall not
                        apply to--
                                    ``(I) a hospital located in a rural
                                area with fewer than 250 beds; or
                                    ``(II) a hospital that has had in
                                effect a voluntary residency reduction
                                plan under paragraph (6) or pursuant to
                                section 402 of Public Law 90-248.
                    ``(B) Requirements for additional residency
                slots.--
                            ``(i) In general.--The Secretary shall
                        increase the otherwise applicable resident
                        limit for hospitals that submit an application
                        under this subparagraph by such number as the
                        Secretary may approve for portions of cost
                        reporting periods occurring on or after the
                        paragraph (9) effective date. The aggregate
                        number of increases in the otherwise applicable
                        resident limit under this subparagraph shall be
                        equal to the sum of--
                                    ``(I) the aggregate reduction in
                                such limits attributable to
                                subparagraph (A) (as estimated by the
                                Secretary); and
                                    ``(II) 1,000 for portions of cost
                                reporting periods occurring during the
                                12-month period beginning on the
                                paragraph (9) effective date, 1,000
                                additional positions for portions of
                                cost reporting periods occurring during
                                the 12-month period beginning 1 year
                                after such effective date, 1,000
                                additional positions for portion of
                                cost reporting period occurring during
                                the 12-month period beginning 2 years
                                after such effective date, and such
                                number of additional positions for
                                portions of the 2 subsequent cost
                                reporting periods as the Secretary may
                                determine necessary to support
                                residency training programs in
                                specialities that exceed 3 years.
                            ``(ii) Consideration in redistribution.--In
                        determining for which hospitals the increase in
                        the otherwise applicable resident limit is
                        provided under this subparagraph, the Secretary
                        shall take into account--
                                    ``(I) data provided by the Health
                                Resources and Services Administration
                                as a national standard to exhibit a
                                specific demand in the health care
                                workforce, as well as the
                                Administration's projected demand and
                                supply for physicians in the specialty
                                of medicine involved; and
                                    ``(II) the demonstrated likelihood
                                of the hospital filling positions made
                                available under this paragraph within
                                the first 3 cost reporting periods
                                beginning on or after the paragraph (9)
                                effective date.
                        The Secretary shall give special consideration
                        for up to 25 additional positions in the case
                        of a hospital that demonstrates the likelihood
                        of filing such positions during the first cost
                        reporting period beginning on or after such
                        effective date.
                            ``(iii) Limitation.--In no case shall the
                        number of additional positions made available
                        to a hospital under this paragraph exceed 25 in
                        the first cost reporting period or 75 for all
                        cost reporting periods.
                    ``(C) Priority for additional positions resulting
                from hospital closures.--With respect to additional
                positions described in subparagraph (B)(i)(I) which are
                derived from a reduction in limits under subparagraph
                (A) for a hospital that closed (in this subparagraph
                referred to as a `closed hospital'), the Secretary
                shall distribute the increase to hospitals in the
                following priority order:
                            ``(i) First, to other hospitals for the
                        program or programs under which the hospital
                        had a cooperative arrangement with the closed
                        hospital under which residents in the graduate
                        medical education program of the closed
                        hospital also rotated through the other
                        hospital.
                            ``(ii) Second, to other hospitals that are
                        members of the same affiliated group of
                        hospitals as the closed hospital.
                            ``(iii) Third, to other hospitals that are
                        located in the same or contiguous core-based
                        statistical area as the closed hospital.
                    ``(D) Preference.--After applying subparagraph (C)
                and the special consideration under subparagraph (B),
                in determining for which hospitals the increase in the
                otherwise applicable resident limit is provided under
                subparagraph (B), the Secretary shall give preference
                to hospitals--
                            ``(i) that submit an application for new
                        residents in primary care and geriatric
                        medicine and in other specialties as determined
                        to be in demand under subparagraph (B)(ii)(I);
                        and
                            ``(ii) that emphasize training in community
                        health centers and other community-based or
                        hospital-sponsored clinics, and private
                        physicians' offices, including physician
                        groups.
                    ``(E) Paragraph (9) effective date defined.--In
                this paragraph, the term `paragraph (9) effective date'
                means July 1 of the year that begins after the date of
                the enactment of this paragraph.
                    ``(F) Affiliation.--The provisions of this
                paragraph shall be applied to hospitals which are
                members of the same affiliated group (as defined by the
                Secretary under paragraph (4)(H)(ii)) and the reference
                resident level for each such hospital with respect to
                the cost reporting period that results in the smallest
                difference between the reference resident level and the
                otherwise applicable resident limit.''.

SEC. 3. EXPANDING PRIMARY CARE BONUS TO CERTAIN UNDERSERVED
              SPECIALTIES.

    (a) In General.--Section 1833(x)(2)(A) of the Social Security Act
(42 U.S.C. 1395l(x)(2)(A)) is amended--
            (1) in clause (i)--
                    (A) by striking ``or'' at the end of subclause (I);
                    (B) by striking ``and'' at the end of subclause
                (II) and inserting ``or''; and
                    (C) by adding at the end the following new
                subclause:
                                    ``(III) is a physician (as
                                described in section 1861(r)(1)) who is
                                in an underserved specialty, such as
                                psychiatry or neurology, as specified
                                by the Secretary, or other specialty
                                identified by the Secretary to be in
                                demand; and''; and
            (2) in clause (ii), by inserting after ``(ii)'' the
        following: ``in the case of an individual described in
        subclause (I) or (II) of clause (i),''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply to payments for items and services furnished on or after January
1, 2012.

SEC. 4. SMALL PHYSICIAN PRACTICE RESIDENCY CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:

``SEC. 45S. SMALL PHYSICIAN PRACTICE RESIDENCY CREDIT.

    ``(a) In General.--For purposes of section 38, the amount of the
small physician practice residency credit determined under this section
for any taxable year with respect to a qualified small physician
practice is the sum of the following:
            ``(1) Overall amount.--The per resident dollar amount
        multiplied by the number of qualified teaching hospital
        residents who provide services to, and are trained by, such
        practice during the taxable year and who are in their first,
        second, or third post-graduate year of medical residency.
            ``(2) Bonus.--The sum of--
                    ``(A) 50 percent of the per resident dollar amount
                multiplied by the number of such residents who are in
                their first post-graduate year of medical residency
                during the taxable year; and
                    ``(B) 25 percent of the per resident dollar amount
                multiplied by the average number of such residents who
                are not counted under subparagraph (A) and are in their
                second post-graduate year during the taxable year.
    ``(b) Qualified Small Physician Practice.--For purposes of this
section, the term `qualified small physician practice' means any trade
or business of providing physicians' services (as defined in section
1861(q) of the Social Security Act), which may be a community health
center, that is owned and operated by a doctor of medicine or
osteopathy if fewer than 50 individuals are employed in such trade or
business (including new training sites) and the trade or business
includes as part of the practice the training of doctors of medicine or
osteopathy in a rotation covering at least 6 months in the taxable
year. All persons treated as a single employer under subsection (a) or
(b) or section 52 or subsection (m) or (o) of section 414 shall be
treated as a single trade or business for purposes of the preceding
sentence.
    ``(c) Qualified Teaching Hospital Residents.--For purposes of this
section, the term `qualified teaching hospital resident' means any
resident (within the meaning of subparagraph (I) of section 1886(h)(5)
of the Social Security Act) in an approved medical residency training
program (as defined in subparagraph (A) of such section) which provides
services to the qualified small physician practice (while utilizing the
technologies and supplies of such practice) for a period not less
than--
            ``(1) 4 weeks in the case of a primary care resident (as
        defined in subparagraph (H) of such section); or
            ``(2) 2 weeks in the case of any other resident.
    ``(d) Per Resident Dollar Amount.--For purposes of this section,
the term `per resident dollar amount' means, in the case of a qualified
small physician practice that includes as part of the practice the
training of doctors of medicine or osteopathy in a rotation covering--
            ``(1) at least 6 months but less than 9 months in the
        taxable year, $2,500; or
            ``(2) at least 9 months in the taxable year, $3,000.
    ``(e) Residents Not Taken Into Account More Than Once.--A qualified
teaching hospital resident shall be taken into account under subsection
(a) for the taxable in which the period described in subsection (c)
ends and shall not be so taken into account for any other taxable
year.''.
    (b) Credit Allowed as Part of General Business Credit.--Section
38(b) of such Code (defining current year business credit) is amended
by striking ``plus'' at the end of paragraph (35), by striking the
period at the end of paragraph (36) and inserting ``, plus'', and by
adding at the end the following new paragraph:
            ``(37) the small physician practice residency credit
        determined under section 45S(a).''.
    (c) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

``Sec. 45S. Small physician practice residency credit.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

Output:
Improving Physician Access in Teaching Hospitals (PATH) Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act with respect to distribution of additional resident positions as they affect calculation of payments for direct graduate medical education (DME) costs.

States that, if a hospital's resident level for each of the five most recent cost reporting periods is less than the otherwise applicable resident limit, then the otherwise applicable resident limit shall be reduced by the difference between it and the highest reference resident level for any of those five cost reporting periods. Excepts from this reduction requirement a hospital: (1) located in a rural area with fewer than 250 beds, or (2) that has had in effect a voluntary residency reduction plan.

Requires the Secretary of Health and Human Services (HHS) to increase the otherwise applicable resident limit (create additional residency slots) for applicant hospitals according to a specified formula that takes into account the aggregate reduction in limits attributable to this Act.

Expands the primary care bonus to certain underserved specialties, such as psychiatry or neurology.

Amends the Internal Revenue Code to allow a small physician practice residency credit.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nonprofit Capacity Building Act of
2009''.

SEC. 2. NONPROFIT CAPACITY BUILDING PROGRAM.

    Title III of the National and Community Service Act of 1990 (42
U.S.C. 12501 et seq.) is amended--
            (1) by striking the title heading and inserting the
        following:

            ``TITLE III--VOLUNTEER AND CHARITABLE ACTIVITIES

              ``Subtitle A--Points of Light Foundation'';

        and
            (2) by adding at the end the following:

           ``Subtitle B--Nonprofit Capacity Building Program

``SEC. 311. PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Intermediary nonprofit grantee.--The term
        `intermediary nonprofit grantee' means an intermediary
        nonprofit organization that receives a grant under subsection
        (b).
            ``(2) Intermediary nonprofit organization.--The term
        `intermediary nonprofit organization' means an experienced and
        capable nonprofit training and technical assistance entity with
        meaningful prior experience in providing organizational
        development assistance, or capacity building assistance,
        focused on small and midsize nonprofit organizations.
            ``(3) Nonprofit.--The term `nonprofit', used with respect
        to an entity or organization, means an entity or organization
        described in section 501(c)(3) of the Internal Revenue Code of
        1986 and exempt from taxation under section 501(a) of such
        Code.
            ``(4) State.--The term `State' means each of the several
        States, and the District of Columbia.
    ``(b) Grants.--The Corporation shall establish a Nonprofit Capacity
Building Program to make grants to intermediary nonprofit organizations
to serve as intermediary nonprofit grantees. The Corporation shall make
the grants to enable the intermediary nonprofit grantees to pay for the
Federal share of the cost of delivering organizational development
assistance for small and midsize nonprofit organizations, especially
those nonprofit organizations facing resource hardship challenges. Each
of the grantees shall match the grant funds by providing a non-Federal
share as described in subsection (f).
    ``(c) Periods and Amount.--The Corporation shall make such a grant
for a period of 3 years, unless the Corporation, in the Corporation's
discretion, provides for a different period, for an initial or renewed
grant. To the extent practicable, the Corporation shall make such a
grant to an intermediary nonprofit organization in each State, and
shall make such grant in an amount of not less than $200,000.
    ``(d) Application.--To be eligible to receive a grant under this
section, an intermediary nonprofit organization shall submit an
application to the Corporation at such time, in such manner, and
containing such information as the Corporation may require. The
intermediary nonprofit organization shall submit in the application
information demonstrating that the organization has secured sufficient
resources to meet the requirements of subsection (f).
    ``(e) Preference and Considerations.--
            ``(1) Preference.--In making such grants, the Corporation
        shall give preference to intermediary nonprofit organizations
        seeking to become intermediary nonprofit grantees in areas
        where nonprofit organizations face significant resource
        hardship challenges.
            ``(2) Considerations.--In determining whether to make a
        grant the Corporation shall consider--
                    ``(A) the number of small and midsize nonprofit
                organizations that will be served by the grant;
                    ``(B) the degree to which the activities proposed
                to be provided through the grant will assist a wide
                number of nonprofit organizations within a State,
                relative to the proposed amount of the grant; and
                    ``(C) the quality of the organizational development
                assistance to be delivered by the intermediary
                nonprofit grantee, including the qualifications of its
                administrators and representatives, and its record in
                providing services to small and midsize nonprofit
                organizations.
    ``(f) Federal Share.--
            ``(1) In general.--The Federal share of the cost as
        referenced in subsection (b) shall be 50 percent.
            ``(2) Non-federal share.--
                    ``(A) In general.--The non-Federal share of the
                cost as referenced in subsection (b) shall be 50
                percent and shall be provided in cash.
                    ``(B) Third party contributions.--
                            ``(i) In general.--Except as provided in
                        clause (ii), an intermediary nonprofit grantee
                        shall provide the non-Federal share of the cost
                        through contributions from third parties. The
                        third parties may include charitable
                        grantmaking entities and grantmaking vehicles
                        within existing organizations, entities of
                        corporate philanthropy, corporations,
                        individual donors, and regional, State, or
                        local government agencies, or other non-Federal
                        sources.
                            ``(ii) Exception.--If the intermediary
                        nonprofit grantee is a private foundation (as
                        defined in section 509(a) of the Internal
                        Revenue Code of 1986), a donor advised fund (as
                        defined in section 4966(d)(2) of such Code), an
                        organization which is described in section
                        4966(d)(4)(A)(i) of such Code, or an
                        organization which is described in section
                        4966(d)(4)(B) of such Code, the grantee shall
                        provide the non-Federal share from within that
                        grantee's own funds.
                            ``(iii) Maintenance of effort, prior year
                        third-party funding levels.--For purposes of
                        maintaining private sector support levels for
                        the activities specified by this program, a
                        non-Federal share that includes donations by
                        third parties shall be composed in a way that
                        does not decrease prior levels of funding from
                        the same third parties granted to the nonprofit
                        intermediary grantee in the preceding year.''.

SEC. 3. CONFORMING AMENDMENT.

    Section 501(b) of the National and Community Service Act of 1990
(42 U.S.C. 12681(b)) is amended--
            (1) by striking ``There are'' and inserting the following:
            ``(1) Points of light foundation.--There are'';
            (2) by striking ``title III'' and inserting ``subtitle A of
        title III''; and
            (3) by adding at the end the following:
            ``(2) Nonprofit capacity building program.--There are
        authorized to be appropriated to carry out subtitle B of title
        III $25,000,000 for fiscal year 2010 and such sums as may be
        necessary for each of the 2 succeeding fiscal years.''.

Output:
Nonprofit Capacity Building Act of 2009 - Amends the National and Community Service Act of 1990 to establish a Nonprofit Capacity Building program requiring the Corporation for National and Community Service to award matching grants to intermediary nonprofit organizations for the delivery of organizational development assistance to small and midsize nonprofit organizations, especially those facing resource hardship challenges.

Directs the Corporation, to the extent practicable, to award such a grant to an intermediary nonprofit organization in each state.

Requires grantees to raise their share of the costs of providing such assistance through contributions from third parties, except where the grantee is a private foundation or specified charity.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secure Airport Terminal Act of
2010''.

SEC. 2. SCREENING LOCATION AND STERILE AREA DEFINED.

    In this Act, the terms ``screening location'' and ``sterile area''
have the meanings given those terms in section 1540.5 of title 49, Code
of Federal Regulations (or any corresponding similar rule or
regulation).

SEC. 3. INCREASED USE OF SECURITY CAMERAS AT AIRPORTS.

    (a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
prescribe regulations that--
            (1) require the use of security cameras at all screening
        locations and all locations where passengers exit the sterile
        area at airports in the United States;
            (2) set forth requirements for the use, maintenance, and
        testing of security cameras and other technological devices
        used for security at airports in the United States; and
            (3) specify that employees of the Transportation Security
        Administration have access to all security cameras and
        technological devices described in paragraph (2) and data or
        recordings from such cameras and devices that relate to airport
        security, including standards for--
                    (A) the timing of such access;
                    (B) the accessibility of copies and acceptable
                formats for such data or recordings;
                    (C) the period for which such data or recordings
                must be maintained; and
                    (D) the permissible uses of such data or
                recordings.
    (b) Interim Regulations.--The Secretary of Homeland Security may
issue interim final rules under subsection (a) without regard to the
provisions of chapter 5 of title 5, United States Code.

SEC. 4. IMPROVED MONITORING OF EXITS FROM STERILE AREAS IN AIRPORTS.

    (a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Assistant Secretary of Homeland Security
(Transportation Security Administration) shall submit to the committees
specified in subsection (b) a report that--
            (1) makes recommendations for improving the security of
        each location at an airport where passengers exit the sterile
        area; and
            (2) assesses--
                    (A) differences in configurations of such
                locations; and
                    (B) options for improving security at such
                locations, such as increasing personnel assigned to
                such locations and the use of technology to improve
                security.
    (b) Committees Specified.--The committees specified in this
subsection are--
            (1) the Committee on Commerce, Science, and Transportation
        and the Committee on Homeland Security and Governmental Affairs
        of the Senate; and
            (2) the Committee on Transportation and Infrastructure and
        the Committee on Homeland Security of the House of
        Representatives.
    (c) Regulations.--The Secretary of Homeland Security may prescribe
regulations, including interim final rules implemented without regard
to the provisions of chapter 5 of title 5, United States Code,
requiring standards for security at each location at an airport where
passengers exit the sterile area.

SEC. 5. INCREASED PENALTIES FOR CIRCUMVENTING SECURITY SCREENING.

    (a) Civil Penalties.--Section 46301(a)(5)(A)(i) of title 49, United
States Code, is amended--
            (1) by striking ``or chapter 449'' and inserting ``chapter
        449''; and
            (2) by inserting ``, or section 46314(a)'' after
        ``44909)''.
    (b) Criminal Penalties.--Section 46314(b) of title 49, United
States Code, is amended to read as follows:
    ``(b) Criminal Penalty.--A person violating subsection (a) of this
section shall be fined under title 18, imprisoned for not more than 10
years, or both.''.
    (c) Notice of Penalties.--
            (1) In general.--Each operator of an airport in the United
        States that is required to establish an air transportation
        security program pursuant to section 44903(c) of title 49,
        United States Code, shall ensure that signs that meet such
        requirements as the Secretary of Homeland Security may
        prescribe providing notice of the penalties imposed under
        sections 46301(a)(5)(A)(i) and 46314(b) of title 49, United
        States Code, as amended by this section, are displayed near all
        screening locations, all locations where passengers exit the
        sterile area, and such other locations at the airport as the
        Secretary of Homeland Security determines appropriate.
            (2) Effect of signs on penalties.--An individual shall be
        subject to a penalty imposed under section 46301(a)(5)(A)(i) or
        46314(b) of title 49, United States Code, as amended by this
        section, without regard to whether signs are displayed at an
        airport as required by paragraph (1).

Output:
Secure Airport Terminal Act of 2010 - Directs the Secretary of Homeland Security (DHS) to prescribe regulations that: (1) require the use of security cameras at all screening locations and all locations where passengers exit the sterile area at airports in the United States; (2) prescribe requirements for the use, maintenance, and testing of such security cameras and other technological devices; and (3) specify that employees of the Transportation Security Administration (TSA) have access to all such security cameras and technological devices as well as data or recordings from them relating to airport security.

(Under aviation security regulations: (1) "screening location" means each site at which individuals or property are inspected for the presence of weapons, explosives, or incendiaries; and (2) "sterile area" means a portion of an airport that provides passengers access to boarding aircraft and to which the access generally is controlled by TSA, or by an aircraft operator or a foreign air carrier, through the screening of persons and property.)

Directs the DHS Assistant Secretary (TSA) to report to specified congressional committees: (1) recommendations for improving the security of each location at an airport where passengers exit the sterile area; and (2) an assessment of differences in location configurations and options for improving security at such locations.

Prescribes a civil penalty of up to $10,000 for individuals who enter an aircraft or an airport area in violation of security requirements. Increases the criminal penalty of maximum imprisonment for such violations from one year to 10 years.

Directs each U.S. airport operator that is required to establish an air transportation security program to ensure that signs meeting DHS requirements for providing notice of such penalties are displayed near all screening locations, all locations where passengers exit the sterile area, and other appropriate airport locations. Subjects an individual to such penalties, however, without regard to whether signs are displayed as required by this Act.


Input:
OF APPROVAL REQUIRED FOR ADMISSION OF
              REFUGEES.

    Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)
is amended--
            (1) in subsection (a)--
                    (A) by amending paragraphs (1) and (2) to read as
                follows:
            ``(1) Before the beginning of a fiscal year and after
        appropriate consultation (as defined in subsection (e) of this
        section), the President shall submit to Congress a
        recommendation on the number of refugees who may be admitted
        under this section in any fiscal year.
            ``(2) Except as provided in subsection (b), no refugees may
        be admitted under this section in a fiscal year until such time
        as a joint resolution is enacted into law which sets the number
        of refugees who may be admitted under this section in that
        fiscal year.''; and
                    (B) in paragraph (4)--
                            (i) by striking ``determination'' and
                        inserting ``recommendation''; and
                            (ii) by striking ``determined'' and
                        inserting ``recommended'';
            (2) in subsection (b)--
                    (A) by striking ``fix'' and inserting ``submit to
                Congress a recommendation for'';
                    (B) by striking ``situation and such'' and
                inserting ``situation. Any such''; and
                    (C) by adding at the end the following: ``No
                refugees may be admitted under this subsection until
                such time as a joint resolution is enacted into law
                which sets the number of refugees who may be admitted
                under this subsection.'';
            (3) in subsection (c)(1), by striking ``Subject to the
        numerical limitations established pursuant to subsections (a)
        and (b)'' and inserting ``Subject to the enactment into law of
        a joint resolution under subsection (a) or (b), and the
        numerical limitations established pursuant to such a
        resolution,''; and
            (4) in subsection (d)--
                    (A) in paragraph (3), by striking ``determination''
                each place it appears and inserting ``recommendation''.

SEC. 3. APPROPRIATE CONSULTATION.

    Section 207of the Immigration and Nationality Act (8 U.S.C. 1157)
is further amended--
            (1) in subsection (d)(1), by inserting after ``Committees
        on the Judiciary of the House of Representatives and of the
        Senate'' the following: ``, the Committee on Homeland Security
        of the House of Representatives, the Committee on Homeland
        Security and Governmental Affairs of the Senate, the Committee
        on Foreign Affairs of the House of Representatives, and the
        Committee on Foreign Relations of the Senate''; and
            (2) in subsection (e), by inserting after ``members of the
        Committees on the Judiciary of the Senate and of the House of
        Representatives'' the following: ``, the Committee on Homeland
        Security of the House of Representatives, the Committee on
        Homeland Security and Governmental Affairs of the Senate, the
        Committee on Foreign Affairs of the House of Representatives,
        and the Committee on Foreign Relations of the Senate''.

SEC. 4. CONSULTATION FOR DETERMINATIONS OF ADMISSIBILITY.

    Section 207(c) of the Immigration and Nationality Act (8 U.S.C.
1157(c)) is further amended--
            (1) by striking ``Attorney General'' each place it appears
        and inserting ``Secretary of Homeland Security''; and
            (2) in paragraph (1), by adding at the end the following:
        ``In determining whether an alien is admissible under section
        212(a)(3), the Secretary shall consult with the Director of
        National Intelligence and the Director of the Federal Bureau of
        Investigation.''.

SEC. 5. PRIORITY FOR REFUGEES FROM IRAQ AND SYRIA PERSECUTED ON THE
              BASIS OF RELIGION.

    Beginning in fiscal year 2016 and ending in fiscal year 2020, when
considering the admission of refugees who are nationals or citizens of
Iraq or Syria, the President shall prioritize refugees who are members
of a religious minority community, and have been identified by the
Secretary of State, or the designee of the Secretary, as a persecuted
group.

SEC. 6. REPORT.

    Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to
Congress a report on the adequacy and effectiveness at protecting the
security of the United States of the refugee screening process. The
report shall include the following:
            (1) The number of refugees that the Secretary of Homeland
        Security determined were admissible under paragraph (3) of
        section 212(a) of the Immigration and Nationality Act (8 U.S.C.
        1182(a)(3)), but who, subsequent to admission to the United
        States, became inadmissible under such paragraph.
            (2) Federal agencies which are not, as of the date of the
        report, involved in making determinations of admissibility of
        refugees under such paragraph, which the Comptroller General
        determines should be so involved.
            (3) Issues or gaps in the process for determining the
        admissibility of refugees under such paragraph.
            (4) Recommendations for improving the process for
        determining the admissibility of refugees under such paragraph
        in order to better protect the security of the United States.

Output: Refugee Resettlement Oversight and Security Act of 2015 This bill amends the Immigration and Nationality Act to require the President, after appropriate consultation with certain congressional committees, to recommend to Congress the number of refugees who may be admitted into the United States in a fiscal year. Except in the case of an unforeseen emergency refugee situation, no refugees may be admitted in a fiscal year until Congress enacts a joint resolution setting the number of refugees who may be admitted in that fiscal year. In determining an alien's admissibility on security and related grounds the Department of Homeland Security shall consult with the Director of National Intelligence and the Federal Bureau of Investigation.  Beginning in FY2016 and ending in FY2020, the President, when considering the admission of refugees who are nationals or citizens of Iraq or Syria, shall give priority to members of a persecuted religious minority. The Government Accountability Office shall report to Congress on the effectiveness of the refugee screening process in protecting U.S. security.