SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Safety Act of 2000''. SEC. 2. ESTABLISHMENT OF REQUIREMENT FOR RESPONSE PLANS FOR NONTANK VESSELS. Subtitle II of title 46, United States Code, is amended-- (1) in the analysis at the beginning of the subtitle, by adding after the item relating to chapter 147 the following: ``48. Response plans for nontank vessels................... 4801''; and (2) by adding at the end of part B the following: ``CHAPTER 48--RESPONSE PLANS FOR NONTANK VESSELS ``Sec. ``4801. Definitions. ``4802. Application. ``4803. General response plan requirement. ``4804. Regulations. ``4805. Submittal of response plans. ``4806. Review and approval of response plans. ``Sec. 4801. Definitions ``In this chapter: ``(1) The term `covered vessel' means a vessel to which this chapter applies. ``(2) The term `maritime cooperative' means any association established by any combination of owners or operators of marine terminals, marine facilities, or vessels, vessel agents, or maritime industry groups, that provides oil spill response planning and oil spill-related communications services. ``(3) The term `response plan' means a plan for the prevention of oil spills and the containment and cleanup of oil spills from the navigable waters of the United States and for the protection of fisheries and wildlife, natural resources, and public and private property from such a spill. ``Sec. 4802. Application ``This chapter applies to any vessel over 300 gross tons carrying oil as fuel on the navigable waters of the United States, other than-- ``(1) a tank vessel; and ``(2) a fishing vessel. ``Sec. 4803. General response plan requirement ``(a) After June 1, 2001, a vessel subject to this chapter may not operate on the navigable waters of the United States unless a response plan for that operation has been approved by the Secretary and implemented. ``(b) Approval of a response plan by the Secretary under this section must be renewed at least once every 5 years. ``Sec. 4804. Regulations ``Not later than January 1, 2003, the Secretary shall issue regulations establishing the minimum requirements for approval of response plans required under this chapter. The regulations shall require that each such response plan-- ``(1) include complete details concerning the response to oil spills of various sizes from vessels to which the plan applies; ``(2) to the maximum extent practicable, be designed in terms of personnel, materials, and equipment, necessary to remove oil and minimize any damage to the environment resulting from a maximum probable spill and a worse case spill; ``(3) describe how the response plan relates to and is coordinated with contingency plans developed by a State, cooperative, port, or regional entity; ``(4) provide procedures for early detection of an oil spill and timely notification of appropriate Federal, State, and local authorities about the spill in accordance with applicable State and Federal law; ``(5) demonstrate ownership of or access to an emergency response communications network that-- ``(A) covers all locations of operation or transit by the vessel to which the response plan applies; and ``(B) provides for immediate notification and continual emergency communications during cleanup response; ``(6) state the number, training preparedness, and fitness of all dedicated, prepositioned personnel assigned to implement the plan; ``(7) incorporate periodic training and drill programs to evaluate whether the personnel and equipment provided under the plan are in a state of operational readiness at all times; ``(8) state the means of protecting and mitigating the effects of an oil spill on the environment; ``(9) provide a detailed description of equipment, training, and procedures to be used by the crew of a vessel to minimize vessel damage, and to stop or reduce oil spilling from the vessel; ``(10) provide arrangements for prepositioning oil spill containment and cleanup equipment and trained personnel; ``(11) provide arrangements for enlisting the use of qualified and trained cleanup personnel to implement the plan; ``(12) provide for the disposal of recovered oil in accordance with local, State, and Federal law; ``(13) state the measures that have been taken to reduce the likelihood that an oil spill will occur; and ``(14) state the amount and type of equipment available to respond to a spill, where the equipment is located, and the extent to which other response plans rely on the same equipment. ``Sec. 4805. Submittal of response plans ``(a) A response plan under this chapter shall be submitted to the Secretary for each vessel to which this chapter applies, within 12 months after the Secretary prescribes regulations under this chapter. ``(b) A response plan under this chapter for operations of a vessel may be submitted by-- ``(1) the owner or operator of the vessel, including a person authorized to submit a plan under a contract with the owner or operator pursuant to subsection (c); ``(2) the owner or operator of any facility at which the vessel will be loading or unloading its cargo; or ``(3) a qualified maritime cooperative in which the owner or operator of the vessel is a participating member. ``(c)(1) A person that has contracted with the owner or operator of a vessel to provide containment and cleanup services for operations of the vessel and that meets the standards prescribed by the Secretary under this chapter may submit the response plan required under this chapter for those operations. ``(2) Subject to conditions imposed by the Secretary, a person referred to in paragraph (1) may submit a single plan under this chapter for more than one vessel with respect to which the person is contractually obligated to provide containment and cleanup services. ``(d)(1) A maritime cooperative may submit a response plan under this chapter for a group of vessels owned or operated by members of the cooperative. ``(2) A maritime cooperative shall have a lien on a vessel owned or operated by a member of the cooperative-- ``(A) for any regular operating assessments made by the cooperative with respect to the vessel; and ``(B) for any direct costs incurred by the cooperative in providing oil spill response or oil spill-related communications services for the vessel. ``Sec. 4806. Review and approval of response plans ``(a) In reviewing a response plan submitted under this chapter, the Secretary shall consider, among other matters, the following factors: ``(1) The adequacy of containment and cleanup equipment, personnel, communications equipment, notification procedures, response time, and logistical arrangements for coordination and implementation of response efforts to remove oil spills promptly and properly and to protect the environment. ``(2) The nature and amount of vessel traffic within the area covered by the plan. ``(3) The volume and type of oil being transported within the area covered by the plan. ``(4) The existence of navigational hazards within the area covered by the plan. ``(5) The history and circumstances surrounding prior spills of oil within the area covered by the plan. ``(6) The sensitivity of fisheries and wildlife and other natural resources within the area covered by the plan. ``(7) Relevant information on previous spills contained in on-scene coordinator reports covered by the plan. ``(8) The extent to which reasonable, cost-effective measures to reduce the likelihood that a spill will occur have been incorporated into the plan. ``(9) The number of covered vessels calling in and the facilities located in the geographic area and the resulting ability of State and local agencies and industry groups to develop, finance, and maintain a response plan and spill response system for those vessels. ``(10) The spill response equipment and resources available to a person providing a response plan for vessels under the response plans filed by the person under State or Federal law for other covered vessels or facilities owned or operated by that person. ``(b) The Secretary may approve a response plan only if the Secretary determines that the plan-- ``(1) meets the requirements established under section 4804 of this title; and ``(2) will ensure, to the maximum extent practicable, removal of oil promptly, properly, and with minimal damage to the environment. ``(c) On approval of a response plan, the Secretary shall issue to the person that submitted the plan a certificate stating that the plan has been approved. The certificate shall include the name of each vessel for which the certificate is issued, the effective date of the plan, and the date by which the plan must be submitted for renewal. ``(d) An owner or operator of a covered vessel or facility shall notify the Secretary in writing immediately of any significant change affecting any response plan approved for the vessel or facility under this chapter, including changes in any factor set forth in this section or regulations prescribed under this section. The Secretary may require the owner or operator to update a response plan as a result of these changes. ``(e) A holder of an approved response plan shall not be considered to have violated the terms of the response plan by furnishing to another person having a response plan approved under this chapter, after notifying the Secretary, equipment, materials or personnel to assist the other person in a response to an oil discharge. ``(f) The Secretary may impose any reasonable term or condition on approval or modification of a response plan under this chapter that the Secretary determines is necessary to ensure that the applicant-- ``(1) has access to sufficient resources to protect environmentally sensitive areas and to prevent, contain, clean up and mitigate potential oil discharges from the vessel to which the plan applies; ``(2) maintains personnel levels sufficient to carry out emergency operations; and ``(3) complies with the response plan. ``(g) The Secretary may not approve or renew a response plan under this chapter unless the plan ensures the use by the applicant of the best technology available at the time the response plan was submitted or renewed. ``(h) The Secretary may require an applicant or a holder of an approved response plan to take steps necessary to demonstrate its ability to carry out the response plan, including-- ``(1) periodic training; ``(2) response team exercises; and ``(3) verification of access to inventories of equipment, supplies, and personnel identified as available in the response plan. ``(i)(1) The Secretary may delegate to a State the authority to approve response plans under this chapter for vessel operations in that State, to the extent that the laws of the State establish response plan requirements that are substantially similar to requirements established by the Secretary under section 4804 of this title. ``(2) This subsection does not authorize the Secretary to delegate to a State the authority to regulate vessel design, construction, equipment, manning, training, or operational requirements. ``(j) The approval of a response plan by the Secretary does not constitute an express assurance regarding the adequacy of the plan or constitute a defense to liability imposed under Federal or State law.''. SEC. 3. LIMITS OF LIABILITY AND CERTIFICATES OF FINANCIAL RESPONSIBILITY FOR NONTANK VESSELS. Section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2703) is amended-- (1) by striking ``$600'' and inserting ``$806''; and (2) by striking ``$500,000'' and inserting ``$672,000''. SEC. 4. VOYAGE DATA RECORDERS. Section 3305 of title 46, United States Code, is amended by adding at the end the following: ``(d)(1) A passenger vessel, small passenger vessel, and freight vessel (including a foreign vessel) to which this paragraph applies shall be equipped with a voyage data recorder of a type prescribed by the Secretary. In prescribing the type of voyage data recorder for a vessel, the Secretary shall consider the type, size, and characteristics of the vessel. ``(2) Paragraph (1) of this subsection applies as follows: ``(A) To any small passenger vessel certified by the Secretary to carry more than 100 passengers, a high speed commercial vessel, or a passenger vessel built after June 30, 2002. ``(B) On and after June 30, 2002, to any roll-on-roll-off passenger vessel on an international voyage (including a voyage-to-nowhere), if the vessel was built before July 1, 2000. ``(C) On and after January 1, 2004, to any passenger vessel or small passenger vessel on an international voyage (including a voyage-to-nowhere), if the vessel was built before July 1, 2002. ``(D) On and after January 1, 2004, to any freight vessel of 20,000 or more gross tons, if the vessel was built after June 30, 2002. ``(E) On and after January 1, 2006, to any freight vessel of 3,000 or more gross tons and less than 20,000 gross tons, if the vessel was built after June 30, 2002. ``(F) On and after January 1, 2007, to any freight vessel of 20,000 or more gross tons on an international voyage (including a voyage-to-nowhere), if the vessel was built before July 1, 2002. ``(G) On and after January 1, 2009, to any freight vessel of 3,000 or more gross tons and less than 20,000 gross tons, on an international voyage (including a voyage-to-nowhere), if the vessel was built before July 1, 2002.''. SEC. 5. INVESTIGATIONS OF CASUALTY RESPONSE. Section 6301 of title 46, United States Code, is amended-- (1) by inserting ``, and responses to those casualties,'' after ``marine casualties''; and (2) in paragraph (6) by inserting ``or improve the response to future casualties'' after ``recurrence of the casualty''. SEC. 6. AUTOMATED INFORMATION SYSTEM. (a) Transponder Requirement.-- (1) In general.--Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, shall be equipped with a position indicating transponder and an appropriate situation display or other device suitable for accessing information made available by the transponder system, in accordance with regulations prescribed by the Secretary of Transportation: (A) Vessels subject to Public Law 92-63. (B) Small passenger vessels carrying more than a number of passengers determined by the Secretary of Transportation. (C) Towing vessels while towing astern or pushing ahead or alongside, except commercial assistance towing vessels rendering assistance to disabled small vessels. (2) Exemption.--The Secretary may exempt a vessel from paragraph (1) if the Secretary finds that a transponder is not necessary for the safe navigation of the vessel on the waters on which the vessel operates. (b) Regulations.--The Secretary of Transportation shall issue regulations implementing subsection (a), including requirements for the operation and maintenance of transponders required under subsection (a). (c) Application.--Subsection (a) shall apply as follows: (1) On and after July 1, 2002, to-- (A) vessels built after that date; and (B) vessels operating within the geographic boundaries of a Vessel Traffic Service. (2) On and after July 1, 2003, to-- (A) passenger vessels; (B) tankers; and (C) towing vessels engaged in moving a tank vessel. (3) On and after July 1, 2005, to all other vessels. SEC. 7. AUTHORITY TO PROHIBIT LOADING AND UNLOADING OF VESSELS. (a) Prohibition.--The Port and Waterways Safety Act (33 U.S.C. 1221 et seq.) is amended by adding at the end the following: ``SEC. 15. AUTHORITY TO PROHIBIT LOADING AND UNLOADING OF VESSELS. ``The Secretary may prohibit the loading or unloading of a vessel in any port or place subject to the jurisdiction of the United States if the vessel is registered in a country that the Secretary finds fails to adequately enforce safety standards prescribed by the International Maritime Organization.''. (b) Review.--Within one year after the date of enactment of this Act, the Secretary shall-- (1) determine the 5 countries having the greatest number of vessels registered in the country that were detained by the Coast Guard in 1999 for violation of a safety standard prescribed by the International Maritime Organization; and (2) review and report to the Congress regarding whether those countries have, since December 31, 1999, adequately enforced safety standards prescribed by such organization. (c) Innocent Passage and Transit Not Affected.--Nothing in this section is intended to prevent entry into waters subject to the jurisdiction of the United States by a vessel under an international agreement to which the United States is a party. SEC. 8. ELIMINATION OF SINGLE HULLS OVER BUNKER TANKS. The Secretary of Transportation shall propose to and seek to negotiate at the International Maritime Organization the elimination of single hull bunker tanks on commercial vessels capable of carrying more than 1,000 barrels of fuel on board. The proposal shall include-- (1) a requirement prohibiting the operation of any such vessel built after January 1, 2004, that has a single hull bunker tank; and (2) a phaseout schedule for such vessels built before that date that have a single hull bunker tank.

Summary: Increases the maximum liability of nontank vessels for oil spills to the greater of : (1) $806 (currently $600) per gross ton; or (2) $672,000 (currently $500,000). Requires any passenger vessel, small passenger vessel, and freight vessel (including a foreign vessel) subject to inspection to be equipped with a voyage data recorder of a type prescribed by the Secretary. Requires the Secretary to prescribe regulations for the immediate investigation of responses to marine casualties. Requires certain vessels, including small passenger and towing vessels, to be equipped with a position indicating transponder and an appropriate situation display or other device suitable for accessing information made available by the transponder system. Authorizes the Secretary to prohibit the loading or unloading of a vessel in any port or place subject to U.S. jurisdiction if the vessel is registered in a country that fails to adequately enforce safety standards prescribed by the International Maritime Organization (IMO). Requires the Secretary to report to Congress on: (1) the five such countries with the greatest number of registered vessels detained by the Coast Guard in 1999 for violation of such safety standards; and (2) whether those countries have, since December 31, 1999, adequately enforced such standards. Directs the Secretary to seek to negotiate at the IMO the elimination of single hull bunker tanks on commercial vessels capable of carrying more than 1,000 barrels of fuel on board.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection from Sexual Predators Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) rape and sexual assaults continue to be serious threats to the safety of communities across America; (2) sexual offenders are much more likely than any other category of criminals to repeat their crimes again and again, even after serving time in prison; (3) the average rape sentence is just 10\1/2\ years, and the average time served is half of that, approximately 5 years; and (4) repeat sexual offenders frequently strike in more than one State and, while States have primary responsibility for the prosecution of sexual offenders, the option of Federal prosecution provides a needed additional tool to safeguard communities victimized by these individuals. (b) Sense of Congress.--It is the sense of Congress that-- (1) States should more seriously consider the relatively high recidivism rate of sexual offenders when deciding whether to plea bargain with a first-time sexual offender and whether to grant parole to sexual offenders; and (2) States should review their treatment and parole supervision programs for sexual offenders to assure that these programs are fulfilling their goals, and, if they are not, these programs should be immediately replaced or abandoned. SEC. 3. FEDERAL JURISDICTION OVER RAPE AND SEXUAL ASSAULT CASES. Section 2241 of title 18, United States Code, is amended by adding at the end the following: ``(e) Punishment for Sexual Predators.--(1) Whoever, in a circumstance described in paragraph (2) of this subsection-- ``(A) violates this section; or ``(B) engages in conduct that would violate this section, if the conduct had occurred in the special maritime and territorial jurisdiction of the United States, and-- ``(i) that conduct is in interstate or foreign commerce; ``(ii) the person engaging in that conduct crossed a State line with intent to engage in the conduct; or ``(iii) the person engaging in that conduct thereafter engages in conduct that is a violation of section 1073(1) with respect to an offense that consists of the conduct so engaged in; shall be imprisoned for life. ``(2) The circumstance referred to in paragraph (1) of this subsection is that the defendant has previously been convicted of another State or Federal offense for conduct which-- ``(A) is an offense under this section or section 2242 of this title; or ``(B) would have been an offense under either of such sections if the offense had occurred in the special maritime or territorial jurisdiction of the United States.''. SEC. 4. ADDITIONAL CONDITION FOR TRUTH IN SENTENCING GRANTS. Section 20104 of the Violent Crime Control and Law Enforcement Act of 1994 is amended by adding at the end the following: ``(c) Additional Requirement.--A State is not eligible for a grant under this section unless such State has provided assurances to the Attorney General that such State has in effect laws which allow the court to impose a sentence of life in prison without parole on a defendant in a criminal case who is convicted of a State offense for conduct that-- ``(1) is an offense under section 2241 or 2242 of title 18, United States Code; or ``(2) would have been an offense under either of such sections if the offense had occurred in the special maritime or territorial jurisdiction of the United States; after having previously been convicted of another State or Federal offense for conduct that was an offense described in paragraph (1) or (2).''. SEC. 5. STUDY OF PERSISTENT SEXUAL PREDATORS. The National Institute of Justice, either directly or through grant, shall carry out a study of persistent sexual predators. Not later than one year after the date of the enactment of this Act, such Institute shall report to Congress and the President the results of such study. Such report shall include-- (1) a synthesis of current research in psychology, sociology, law, criminal justice, and other fields regarding persistent sexual offenders, including-- (A) common characteristics of such offenders; (B) recidivism rates for such offenders; (C) treatment techniques and their effectiveness; (D) responses of offenders to treatment and deterrence; and (E) the possibility of early intervention to prevent people from becoming sexual predators; and (2) an agenda for future research in this area.

Summary: Protection from Sexual Predators Act of 1997 - Expresses the sense of the Congress that States should: (1) more seriously consider the relatively high recidivism rate of sexual offenders when deciding whether to plea bargain with or grant parole to sexual offenders; and (2) review treatment and parole supervision programs for sexual offenders to assure that such programs are fulfilling their goals. Amends the Federal criminal code to provide that whoever violates provisions regarding aggravated sexual abuse (or engages in conduct that would violate such provisions if the conduct had occurred in the special maritime and territorial jurisdiction of the United States under specified circumstances) after previously having been convicted of another State or Federal sexual abuse offense (or conduct which would have been such an offense if the offense had occurred in such jurisdiction) shall be imprisoned for life. Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for a truth in sentencing incentive grant, to provide assurances to the Attorney General that such State has in effect laws which allow the court to impose a sentence of life in prison without parole on a defendant in a criminal case who is convicted of a State offense for conduct which is a sexual abuse or aggravated sexual abuse offense under the Federal criminal code (or which would have been an offense under such provisions if the offense had occurred in U.S. jurisdiction) after having previously been convicted of another State or Federal sexual abuse or aggravated sexual abuse offense. Requires the National Institute of Justice to carry out a study of persistent sexual predators and to report to the Congress and the President.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat and Poultry Products Traceability and Safety Act of 2003''. SEC. 2. TRACEABILITY OF LIVESTOCK AND POULTRY. (a) Livestock.--Title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 25. TRACEABILITY OF LIVESTOCK, MEAT, AND MEAT PRODUCTS. ``(a) Definition of Traceability.--In this section, the term `traceability' means the ability to retrieve the history, use, and location of an article through a recordkeeping and audit system or registered identification. ``(b) Requirements.-- ``(1) In general.--Cattle, sheep, swine, goats, and horses, mules, and other equines presented for slaughter for human food purposes, and the carcasses or parts of carcasses and the meat and meat food products of those animals, shipped in interstate commerce shall be identified in a manner that enables the Secretary to trace-- ``(A) each animal to any premises or other location at which the animal was held at any time before slaughter; and ``(B) each carcass or part of a carcass and meat and meat food product of such animals forward from slaughter through processing and distribution to the ultimate consumer. ``(2) Traceability system.--The Secretary shall establish a traceability system for all stages of production, processing, and distribution of meat and meat food products that are produced through the slaughter of animals described in paragraph (1). ``(c) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any cattle, sheep, swine, goats, or horses, mules, or other equines not identified as prescribed by the Secretary under subsection (b). ``(d) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify livestock pursuant to subsection (b) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the livestock. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(e) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any cattle, sheep, swine, goats, horses, mules, or other equines, or carcasses thereof, were held. ``(f) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which were held any cattle, sheep, swine, goats, horses, mules, or other equines, or the carcasses thereof.''. (b) Poultry.--The Poultry Products Inspection Act is amended by inserting after section 23 (21 U.S.C. 467e) the following: ``SEC. 23A. TRACEABILITY OF POULTRY AND POULTRY PRODUCTS. ``(a) Definition of Traceability.--In this section, the term `traceability' means the ability to retrieve the history, use, and location of an article through a recordkeeping and audit system or registered identification. ``(b) Requirements.-- ``(1) In general.--Poultry presented for slaughter for human food purposes and poultry products shipped in interstate commerce shall be identified in a manner that enables the Secretary to trace-- ``(A) each animal to any premises or other location at which the animal was held at any time before slaughter; and ``(B) each poultry product forward from slaughter through processing and distribution to the ultimate consumer. ``(2) Traceability system.--The Secretary shall establish a traceability system for all stages of production, processing, and distribution of poultry and poultry food products that are produced through the slaughter of animals described in paragraph (1). ``(c) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any poultry not identified as prescribed by the Secretary. ``(d) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify poultry pursuant to subsection (b) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the poultry. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(e) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any poultry, or carcasses thereof, were held. ``(f) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which were held any poultry or the carcasses thereof.''.

Summary: Meat and Poultry Products Traceability and Safety Act of 2003 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to direct that cattle, sheep, swine, goats, horses, mules and other equines, and poultry presented for slaughter for human consumption, and the carcasses or parts of carcasses and the meat and food products of those animals, shipped in interstate commerce be identified in a manner that enables the Secretary of Agriculture to trace: (1) each animal to any location at which the animal was held at any time before slaughter; and (2) each carcass or part of a carcass and food product forward from slaughter through processing and distribution to the ultimate consumer. Authorizes the Secretary to prohibit or restrict entry to a slaughtering establishment of an animal not so identified. Directs the Secretary to establish a traceability system for all stages of production, processing, and distribution of meat and meat food products and poultry and poultry food products.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Historical Records Preservation Act of 2008''. SEC. 2. GRANT PROGRAM. Section 2504 of title 44, United States Code, is amended by-- (1) redesignating subsection (f) as subsection (g); (2) amending subsection (g)(1) (as so redesignated by paragraph (1))-- (A) in subparagraph (R), by striking ``and''; (B) in subparagraph (S), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(T) $15,000,000 for fiscal year 2010.''; and (3) inserting after subsection (e), the following: ``(f) Grants for Presidential Centers of Historical Excellence.-- ``(1) In general.--The Commission shall make grants, on a competitive basis and in accordance with this subsection, to eligible entities to promote the historical preservation of, and public access to, historical records and documents relating to any President who does not have a Presidential archival depository currently managed and maintained by the Federal Government pursuant to section 2112 (commonly known as the `Presidential Libraries Act of 1955'). ``(2) Eligible entity.--For purposes of this subsection, an eligible entity is-- ``(A) an organization described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; or ``(B) a State or local government of the United States. ``(3) Use of funds.--Amounts received by an eligible entity under paragraph (1) shall be used to promote the historical preservation of, and public access to, historical records or historical documents relating to any President covered under paragraph (1). ``(4) Prohibition on use of funds.--Amounts received by an eligible entity under paragraph (1) may not be used for the maintenance, operating costs, or construction of any facility to house the historical records or historical documents relating to any President covered under paragraph (1). ``(5) Application.-- ``(A) In general.--An eligible entity seeking a grant under this subsection shall submit to the Commission an application at such time, in such manner, and containing or accompanied by such information as the Commission may require, including a description of the activities for which a grant under this subsection is sought. ``(B) Approval of application.--The Commission shall not approve a grant application submitted under subparagraph (A) unless an eligible entity establishes that such entity-- ``(i) possesses, with respect to any President covered under paragraph (1), historical works and collections of historical sources that the Commission considers appropriate for preserving, publishing, or otherwise recording at the public expense; ``(ii) has appropriate facilities and space for preservation of, and public access to, the historical works and collections of historical sources; ``(iii) shall ensure preservation of, and public access to, such historical works and collections of historical sources at no charge to the public; ``(iv) has educational programs that make the use of such documents part of the mission of such entity; ``(v) has raised funds from non-Federal sources in support of the efforts of the entity to promote the historical preservation of, and public access to, such historical works and collections of historical sources in an amount equal to the amount of the grant the entity seeks under this subsection; ``(vi) shall coordinate with any relevant Federal program or activity, including programs and activities relating to Presidential archival depositories; ``(vii) shall coordinate with any relevant non-Federal program or activity, including programs and activities conducted by State and local governments and private educational historical entities; and ``(viii) has a workable plan for preserving and providing public access to such historical works and collections of historical sources.''.

Summary: Presidential Historical Records Preservation Act of 2008 - Authorizes appropriations for the National Historical Publications and Records Commission for FY2010. Requires the Commission to make grants to eligible entities on a competitive basis to promote the historical preservation of, and public access to, historical records and documents relating to any President who does not have a presidential archival depository currently managed and maintained by the federal government pursuant to the Presidential Libraries Act of 1955. Defines eligible entities as specified tax-exempt organizations or state or local governments. Prohibits the use of grants for the maintenance, operating costs, or construction of any facility to house the historical records or documents. Prohibits the Commission from approving a grant application unless an entity establishes that it meets certain requirements, including that it: (1) ensures the preservation of, and access to, such historical works and collections of historical sources at no charge to the public; (2) has educational programs that make the use of such documents part of the entity's mission; and (3) has raised funds from nonfederal sources in support of the entity's efforts to promote such preservation and access.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Zoning Preservation Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) In the Telecommunications Act of 1996, Congress preserved local zoning authority over decisions regarding the placement, construction and modification of personal wireless service facilities, except that (A) the zoning application must be acted upon within a reasonable amount of time; (B) the decision must be in writing and be supported by substantial evidence; (C) the decision must not be based on concerns about the environmental effects of radio frequency emissions from facilities; and (D) the State or locality must not discriminate among personal wireless service providers. (2) State and municipal zoning decisions traditionally have been afforded virtually complete deference by Federal courts. Issues of land use are distinctly local and therefore fall on the State-side of the federalism divide. (3) When Congress passed the Telecommunications Act of 1996, it anticipated the need for and proliferation of personal wireless service facilities. Congress, however, included the provisions on the preservation of local zoning authority because it also realized the need to protect State and local authority to regulate the placement, construction, and modification of these facilities, with few limitations. (4) The limitations in the Act have forced States and localities into needless litigation regarding denials of facility applications. In some cases, the courts have misinterpreted the intent of the limitations in the Act on State and local authority, forcing many States and localities to approve applications for construction of unsightly mammoth personal wireless service towers in their community. (5) Many residents of States and local towns have expressed concerns about the impact of personal wireless facilities and towers on property values, aesthetics, and the character of local communities. (6) Many localities have refused to approve personal wireless service facility applications in response to citizen concerns about the facility and tower impacts on property values, aesthetics, and character of the community. (7) A specific limitation included in the section 332(c)(7)(B)(iii) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, provides that any decision by a state or local government to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by ``substantial evidence'' contained in the written record. The conference report for the Telecommunications Act of 1996 defined ``substantial evidence contained in the written record'' as the traditional standard used for judicial review of agency actions--more than a scintilla of evidence but less than a preponderance. (8) Denials of these personal wireless service facility applications have led to litigation in Federal courts, sometimes resulting in federal judges overturning local zoning board decisions. (9) The Federal courts are split on what constitutes ``substantial evidence'' to uphold a local zoning board's decision to deny a permit for construction, placement, or modification of personal wireless service facility. (10) Some Federal courts have refused to acknowledge citizen concerns about aesthetics or a decline in property value as legitimate reasons for denying a personal wireless service facility application, holding that such concerns do not constitute ``substantial evidence''. See, e.g., APT Minneapolis, Inc. v. City of Maplewood, 1998 WL 634224, at *5 (D. Minn. Aug. 12, 1998) (concluding that ``[c]ourts construing the TCA have universally held that general aesthetic considerations fail to meet the substantial evidence test''); Omnipoint Communications Enterprises, Inc. v. Town of Amherst, N.H., Civil No. 97-614-JD (D. N.H. Aug. 21, 1998) (stating that ``[a]lthough aesthetic considerations may be properly taken into account by local governments in some circumstances, they cannot be used to exclude PWS towers entirely''). (11) Other Federal courts, however, have held that local residents' concerns about the personal wireless service facility's impact on aesthetics of the community constitute ``substantial evidence''. See, e.g., Cellular Telephone Co., v. Town of Oyster Bay, 1999 WL 35195, at *7 (2d Cir. Jan. 29, 1999) (concluding that ``aesthetics qualify as a permissible ground for denial of a permit only if we can conclude that there was `more than a scintilla' of evidence . . . before the [Zoning] Board on the negative visual impact of the cell cites''); AT&T Wireless PCS, Inc. v. City Council of the City of Virginia Beach, 155 F.3d 423, 427-28 (4th Cir. 1998) (concluding that testimony from citizens ``demonstrating concerns about the aesthetics of the towers and their incompatibility with the residential character'' of the community ``is more than enough to demonstrate the real, and surely reasonable, concerns animating the democratically elected'' city council's decision). (12) To provide the courts better guidance the Telecommunications Act of 1996 must be amended to clarify that the substantial evidence test may be satisfied by testimony of local residents expressing concerns about the impact of personal wireless service facilities on aesthetics, property values, and the character of residential neighborhoods. Such a legislative change would not discriminate against personal wireless service providers or impede their attempts to provide personal wireless services, but instead would encourage providers and States and localities to work together to design towers, facilities, or other feasible alternatives that do not intrude or diminish the aesthetics of residential communities, thus avoiding costly and protracted litigation. SEC. 3. AMENDMENTS. (a) Substantial Evidence.--Section 332(c)(7)(B)(iii) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(B)(iii)) is amended by adding at the end the following: ``For purposes of this clause, the term `substantial evidence' includes testimony by local residents expressing their concerns about the impact of personal wireless service facilities on the aesthetics, property values, and the character of the community.''. (b) Burden of Proof.--Section 332(c)(7)(B)(v) of such Act is amended by inserting after the second sentence the following: ``In any such action in which a person seeking to place, construct, or modify a tower facility is a party, such person shall bear the burden of proof.''.

Summary: Local Zoning Preservation Act of 1999 - Amends provisions of the Communications Act of 1934 relating to the placement, construction, or modification of personal wireless service facilities to: (1) state that a decision by a State or local government to deny a request for the placement of such facilities must be supported by substantial evidence, including testimony by local residents expressing their concern about the impact of such facilities on the aesthetics, property values, and character of the local community; and (2) require a person seeking to place, construct, or modify a tower facility to bear the burden of proof that such action shall have no adverse effect on such community or any person.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Antitrust Video Competition Improvement Act of 1998''. SEC. 2. ANTICOMPETITIVE EXCLUSIVE CONTRACTS BY MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS. In any civil action based on a claim arising under section 1, 2, or 3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that a multichannel video programming distributor that has market power in a particular market has acted by means of a contract that is exclusive with respect to that market, to prevent another multichannel video programming distributor that competes, has a franchise to compete, or is certified by the Federal Communications Commission to compete, in that market from obtaining particular video programming from any person shall be sufficient to establish a presumption of a violation of such section. SEC. 3. ANTICOMPETITIVE DIFFERENTIAL CONTRACTS BY MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS. In any civil action based on a claim arising under section 1, 2, or 3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that a multichannel video programming distributor that has market power in a particular market has obtained particular video programming from any person on terms and conditions, other than terms justified by demonstrable cost differentials, that are more favorable than those offered by such person to another multichannel video programming distributor that competes, has a franchise to compete, or is certified by the Federal Communications Commission to compete, in that market shall be sufficient to establish a presumption of a violation of such section. SEC. 4. DEFINITIONS. For the purposes of this Act: (1) Cable operator.--The term ``cable operator'' means any person that-- (A) provides cable service over a cable system and directly, or through 1 or more affiliates, owns a significant interest in a cable system, or (B) otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system. (2) Cable service.--The term ``cable service'' means-- (A) the 1-way transmission to subscribers of video programming or other programming service, and (B) subscriber interaction, if any, that is required for the selection or use of such video programming or such programming service. (3) Cable system.--The term ``cable system'' means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment, that is designed to provide cable service that includes video programming, and that is provided to multiple subscribers within a community, but excludes-- (A) a facility that serves only to retransmit the television signals of 1 or more television broadcast stations, (B) a facility that serves subscribers without using any public right-of-way, (C) a facility of a common carrier that is subject, in whole or in part, to the provisions of title II of the Communications Act of 1934 (47 U.S.C. 201-276), but such facility shall be considered to be a cable system (other than for purposes of section 621(c) of the Communications Act of 1934 (47 U.S.C. 541(c)) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on- demand services, (D) an open video system that complies with section 653 of the Communications Act of 1934 (47 U.S.C. 573), or (E) any facilities of any electric utility used solely for operating its electric utility systems. (4) Franchise.--The term ``franchise'' means an initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to section 626 of the Communications Act of 1934 (47 U.S.C. 546)), issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system. (5) Multichannel video programming distributor.--The term ``multichannel video programming distributor'' means a person, including a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, an open video system, a multichannel television broadcaster, or a television receive-only satellite program distributor, that makes available for purchase, by subscribers or customers, multiple channels of video programming. (6) Video programming.--The term ``video programming'' means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. SEC. 5. EFFECTIVE DATE AND APPLICABILITY. This Act shall take effect on the date of the enactment of this Act, but shall not apply with respect to conduct occurring before such date.

Summary: Antitrust Video Competition Improvement Act of 1998 - Provides that it shall be sufficient evidence in a civil action to establish a presumption of a violation of section 1 (trusts in restraint of trade), 2 (monopolizing trade), or 3 (trusts in the Territories or the District of Columbia) of the Sherman Act that a multichannel video programming distributor (MVPD) with market power in a particular market has: (1) acted by means of an exclusive contract to prevent a MVPD competitor in that market from obtaining particular video programming from any person; and (2) obtained particular video programming from any person on terms and conditions other than terms justified by demonstrable cost differentials that are more favorable than those offered by such person to another MVPD competitor.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Timely Access to Health Care Act''. SEC. 2. STANDARDS FOR ACCESS TO CARE. (a) Required Standards for Access to Care.--Section 1703 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(e)(1) For a veteran seeking primary care from the Department, the standard for access to care, determined from the date on which the veteran contacts the Department seeking an appointment until the date on which a visit with a primary-care provider is completed, is 30 days. ``(2)(A) The Secretary shall prescribe an appropriate standard for access to care applicable to waiting times at Department health-care facilities, determined from the time at which a veteran's visit is scheduled until the time at which the veteran is seen by the provider with whom the visit is scheduled. ``(B) The Secretary shall periodically review the performance of Department health-care facilities compared to the standard prescribed under subparagraph (A). The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives an annual report providing an assessment of the Department's performance in meeting that standard. ``(3) Effective on the first day of the first fiscal year beginning after the date of the enactment of this section, but subject to paragraph (4), in a case in which the Secretary is unable to meet the standard for access to care applicable under paragraph (1) or (2), the Secretary shall, or with respect to a veteran described in section 1705(a)(8) of this title may, use the authority of subsection (a) to furnish health care and services for that veteran in a non-Department facility. In any such case-- ``(A) payments by the Secretary may not exceed the reimbursement rate for similar outpatient services paid by the Secretary of Health and Human Services under part B of the medicare program (as defined in section 1781(d)(4)(A) of this title); and ``(B) the non-Department facility may not bill the veteran for any difference between the facility's billed charges and the amount paid by the Secretary under subparagraph (A). ``(4) Paragraph (3) shall not apply to a veteran enrolled or seeking care at a Department facility within a Department geographic service area that has a compliance rate, determined over the first quarter of the first calendar-year beginning after the date of the enactment of this Act, for the standards for access to care under paragraphs (1) and (2) of 90 percent or more. The Secretary shall make the determination of the compliance rate for each Department geographic service area for purposes of the preceding sentence not later than July 1 of the first calendar-year beginning after the date of the enactment of this Act. ``(5)(A) The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives for each calendar- year quarter, not later than 60 days after the end of the quarter, a comprehensive report on the experience of the Department during the quarter covered by the report with respect to waiting times for veterans seeking appointments with a Department health-care provider. ``(B) Each report under subparagraph (A) shall include the total number of veterans waiting, shown for each geographic service area by the following categories: ``(i) Those waiting under 30 days for scheduled appointments. ``(ii) Those waiting over 30 days but less than 60 days. ``(iii) Those waiting over 60 days but less than 4 months. ``(iv) Those waiting over 4 months but who cannot be scheduled within 6 months. ``(v) Those waiting over 6 months but who cannot be scheduled within 9 months of seeking care. ``(vi) Those who cannot be scheduled within one year of seeking care. ``(vii) Any remaining veterans who cannot be scheduled, with the reasons therefor. ``(C) For each category set forth in subparagraph (B), the report shall distinguish between-- ``(i) waiting times for primary care and specialty care; and ``(ii) waiting times for veterans who are newly enrolled versus those who were enrolled before October 1, 2001. ``(D) Each such report shall also set forth the number of veterans who have enrolled in the Department's health care system but have not since such enrollment sought care at a Department health care facility. ``(E) The final report under this paragraph shall be for the quarter ending on December 31, 2010.''. (b) Effective Date.--Subsection (e) of section 1703 of title 38, United States Code, as added by subsection (a), shall take effect on the first day of the first month beginning more than six months after the date of the enactment of this Act. The first report under paragraph (5) of that subsection shall be submitted for the quarter ending on December 31 of the first calendar year beginning after the date of the enactment of this Act.

Summary: Veterans Timely Access to Health Care Act - Makes the standard for access to care for a veteran seeking primary care from the Department of Veterans Affairs 30 days from the date the veteran contacts the Department. Directs the Secretary of Veterans Affairs to prescribe an appropriate standard for waiting times at Department health-care facilities as measured from the time a visit is scheduled until the time the veteran is seen. Directs the Secretary to periodically review the performance of Department health-care facilities in meeting such standards. Authorizes the Secretary to contract for health care services in non-Department facilities in a case in which the Secretary is unable to meet access standards. Prohibits such contracting-out with respect to a Department geographic service area that has a compliance rate in meeting such standards of 90 percent or more. Requires quarterly reports from the Secretary to the congressional veterans' committees on the Department's experience with respect to waiting times.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Team B Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) terrorism and domestic radicalization represent evolving, dynamic, multidimensional threats that necessitate a structured, iterative process to continuously revise plans, operations, concepts, organizations, and capabilities; and (2) past Federal experience in competitive analysis executed by experts drawn from outside the government has helped the intelligence community and policymakers better understand the nature of complex threats to the United States. SEC. 3. ESTABLISHMENT OF COUNTERTERRORISM COMPETITIVE ANALYSIS COUNCIL. (a) Establishment.--Title I of the National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by adding at the end the following: ``counterterrorism competitive analysis council ``Sec. 120. (a) Establishment.--There is established a council to be known as the `Counterterrorism Competitive Analysis Council' (in this section referred to as the `Council'). ``(b) Duties.--The Council shall-- ``(1) advise the Director of National Intelligence on matters of policy relating to the threats of international terrorism and domestic radicalization based on all-source information; ``(2) prepare a competitive analysis of each national intelligence estimate concerning al-Qaeda and other foreign terrorist organizations and submit such analysis to the Director of National Intelligence and the National Intelligence Council; and ``(3) annually submit to Congress a report in unclassified form, which may include a classified annex, on trends in counterterrorism and domestic radicalization, including a summary of any competitive analysis prepared pursuant to paragraph (2). ``(c) Members.--(1) The Council shall be composed of eight members appointed by the Director of National Intelligence, in consultation with the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. Members shall be selected on the basis of previous experience with matters of policy relating to international terrorism and domestic radicalization. ``(2)(A) The Director of National Intelligence may not appoint an individual to the Council if such individual has served as an officer or employee of the Federal Government within a five-year period of the date of appointment. ``(B) The Director of National Intelligence may not appoint an individual to the Council if-- ``(i) such individual has served as an officer or employee of the Federal Government within a 15-year period of the date of appointment; and ``(ii) on the date of appointment, three of the members of the Council have served as officers or employees of the Federal Government within a 15-year period of the date of appointment. ``(3) The term of a member is five years, and a member may not serve more than two terms, except that a member appointed to fill a vacancy may serve two additional terms after the expiration of the term in which that vacancy occured. ``(4) Any member appointed to fill a vacancy occurring before the expiration of a term shall be appointed for the remainder of that term. ``(5) Every two years, the Council shall select a chair and vice chair from among its members. ``(6) To the extent provided in advance in appropriation Acts, each member shall be paid at a rate not to exceed the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. ``(7) Any member of the Council may, if authorized by the Council, take any action which the Council is authorized to take by this section. ``(d) Staff of Council.--(1) To the extent provided in advance in appropriation Acts, the Council shall appoint and fix the compensation of a Director and such additional staff as may be necessary to enable the Council to carry out its duties. ``(2) The Director and staff of the Council may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that the rate of pay fixed for the Director and staff may not exceed the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. ``(3) In accordance with rules adopted by the Council, and to the extent provided in advance in appropriation Acts, the Council may procure the services of experts and consultants under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. ``(e) Access to Intelligence Information.--(1) The Director of National Intelligence shall transmit to the Council each national intelligence estimate concerning al-Qaeda and other foreign terrorist organizations. ``(2) Upon request of the Council, the Director of National Intelligence shall make available to the Council any intelligence information in the possession of the intelligence community. ``(3) The Director of National Intelligence shall ensure that the appropriate executive departments and agencies cooperate with the Council in expeditiously providing to the members and staff appropriate security clearances in a manner consistent with existing procedures and requirements. ``(f) Applicability of Federal Advisory Committee Act.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.), relating to the termination of advisory committees, shall not apply to the Council. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2012 through 2017. No amount is authorized to carry out this section for a fiscal year unless the appropriation for the Office of the Director of National Intelligence for such fiscal year is reduced by an amount equal to the amount appropriated to carry out this section for such fiscal year''. (b) Initial Report.--The initial report required to be submitted under section 120(b)(2) of the National Security Act of 1947, as added by subsection (a), shall be filed not later than 1 year after the date of the enactment of this Act. (c) Clerical Amendment.--The table of contents of the National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by inserting after the item relating to section 119B the following: ``Sec. 120. Counterterrorism Competitive Analysis Council.''.

Summary: Team B Act - Amends the National Security Act of 1947 to establish the Counterterrorism Competitive Analysis Council to: (1) advise the Director of National Intelligence (DNI) on all policy matters relating to threats of international terrorism and domestic radicalization based on all-source information; (2) prepare a competitive analysis of each national intelligence estimate concerning al Qaeda and other foreign terrorist organizations, and submit each analysis to the DNI and the National Intelligence Council; and (3) report annually to Congress on trends in counterterrorism and domestic radicalization.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Afghanistan Suspension and Debarment Reform Act''. SEC. 2. SUSPENSION AND DEBARMENT AUTHORITY FOR SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION UNDER CERTAIN CIRCUMSTANCES. (a) Suspension and Debarment Process.--Section 1229(g) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 5 U.S.C. App.) is amended by adding at the end the following new paragraph: ``(3) Suspension and debarment.-- ``(A) Referral of case to lead agency.--In carrying out the duties, responsibilities, and authorities set forth under this section, the Inspector General (or the Inspector General's designee) may refer a potential suspension or debarment case described in subparagraph (B) to the lead agency for that suspension or debarment. If such a referral is made, the Inspector General shall notify the Interagency Committee on Debarment and Suspension and the congressional committees described in subparagraph (G) of the referral. If the Inspector General is unable to determine which agency is the lead agency for purposes of a referral under this subparagraph, the Inspector General shall request the Interagency Committee to resolve the issue of which agency is the lead agency, in accordance with section 873 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 31 U.S.C. 6101 note). ``(B) Covered cases.-- ``(i) A potential suspension or debarment case described in this subparagraph is a case involving a person that is an Afghan national or foreign national or foreign company operating in Afghanistan that has received in the past, is receiving, or may receive in the future, funds from any-- ``(I) covered prime contract; or ``(II) covered subcontract. ``(ii) In this subparagraph: ``(I) The term `covered prime contract' means a prime contract that is a contract described in subsection (i)(2). ``(II) The term `covered subcontract' means a subcontract that is a contract described in subsection (i)(2) under a covered prime contract. ``(C) Acceptance or declination of case.--Not later than 30 days after the date of referral of a suspension or debarment case under subparagraph (A), the lead agency shall-- ``(i) accept or decline the case; and ``(ii) submit to the Inspector General and the Interagency Committee a written notification and rationale for accepting or declining the case. ``(D) Determination by interagency committee if lead agency declines case.--If the lead agency declines to accept a suspension or debarment case referred under subparagraph (A) or fails to respond to the referral, the Interagency Committee shall make a determination, not later than 45 days after the date of the referral of the case under subparagraph (A), regarding whether the Inspector General shall act as lead agency in the case. The Interagency Committee shall submit to the congressional committees described in subparagraph (G) a written notification of the determination. ``(E) Determination by lead agency if lead agency accepts case.--If the lead agency accepts a suspension or debarment case referred under subparagraph (A), the agency shall make a determination, not later than 60 days after the date of the referral of the case under subparagraph (A), to either suspend or debar the person that is the subject of the case or decline to suspend or debar the person. If the lead agency declines to suspend or debar the person, the lead agency shall, not later than 15 days after the determination, submit to the congressional committees described in subparagraph (G) a written notification and rationale for the determination to decline to suspend or debar the person. ``(F) Suspension and debarment authority of inspector general.-- ``(i) In general.--If the Interagency Committee determines under subparagraph (D) that the Inspector General may act as lead agency in a suspension or debarment case referred under subparagraph (A), then the Inspector General (or the Inspector General's designee) may suspend or debar a person from procurement or nonprocurement activities of the Federal Government in accordance with regulations implementing the suspension and debarment system of the Federal Government, including the Federal Acquisition Regulation and the Office of Management and Budget guidelines to agencies on governmentwide debarment and suspension (nonprocurement) in part 180 of title 2 of the Code of Federal Regulations. ``(ii) Exception.--In exercising the authority provided under clause (i), the Inspector General (or the Inspector General's designee) may, with respect to a particular contract, grant, or other procurement or nonprocurement activity, grant an exception that permits a person debarred or suspended pursuant to clause (i) to submit an offer for or be awarded the contract, grant, or other activity. If such an exception is granted, the Inspector General shall submit to the congressional committees described in subparagraph (G) a written notification and rationale for the exception. ``(G) Committees described.--The committees described in this subparagraph are the following: ``(i) The Committees on Foreign Affairs and on Oversight and Government Reform of the House of Representatives. ``(ii) The Committees on Foreign Relations and on Homeland Security and Governmental Affairs of the Senate.''. (b) Definition of Interagency Committee.--Section 1229(m) of such Act (Public Law 110-181; 5 U.S.C. App.) is amended by adding at the end the following new paragraph: ``(3) Interagency committee on debarment and suspension.-- The term `Interagency Committee on Debarment and Suspension' or `Interagency Committee' means the committee constituted under sections 4 and 5 of Executive Order No. 12549.''. (c) Deadline for Publication of Rules.--The Director of the Office of Management and Budget shall publish any interim final rules submitted to the Office to implement the amendments made by this Act in the Federal Register within 30 days after the date of submission. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. COMPTROLLER GENERAL STUDY AND REPORT. (a) Study.--After the termination of the Office of Special Inspector General for Afghanistan Reconstruction under section 1229(o)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 380; 5 U.S.C. App.), the Comptroller General of the United States shall conduct a study on the authority and process provided under section 1229(g)(3) of such Act (as added by section 2 of this Act). (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study carried out under subsection (a), with such recommendations as the Comptroller General considers appropriate with respect to the suspension and debarment system of the Federal Government.

Summary: Afghanistan Suspension and Debarment Reform Act - Amend the National Defense Authorization Act for Fiscal Year 2008 (the Act) to add to the powers of the Special Inspector General for Afghanistan Reconstruction (Inspector General), who is required to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of funds appropriated by the U.S. government, and of the programs, operations, and contracts carried out using such funds in Afghanistan, in order to prevent and detect waste, fraud, and abuse. Empowers the Inspector General to refer to the lead agency a potential covered case for suspension or debarment of a person from procurement or nonprocurement activities of the federal government. Defines a "covered case" as one involving a person that is an Afghan national or foreign national or foreign company operating in Afghanistan that has received in the past, is receiving, or may receive in the future, funds from any covered prime contract or subcontract. Requires the Inspector General to notify the Interagency Committee on Debarment and Suspension and Congress if such a referral is made. Requires the lead agency, after the referral of such a suspension or debarment case, to accept or decline the case. Requires the Interagency Committee, if the lead agency declines to accept a suspension or debarment case, or fails to respond to the referral, to determine whether the Inspector General shall act as the lead agency. Requires the lead agency, on the other hand, if it accepts a suspension or debarment case, to either suspend or debar the person that is the subject of the case or decline. Authorizes the Inspector General (or designee), if the Interagency Committee determines that the Inspector General may act as lead agency, to suspend or debar the person from federal procurement or nonprocurement activities. Allows the Inspector General (or designee), when exercising such authority, to grant an exception permitting a person otherwise debarred or suspended to submit an offer for or be awarded a particular contract, grant, or procurement or nonprocurement activity. Directs the Comptroller General (GAO), after the termination of the Office of Special Inspector General for Afghanistan Reconstruction, to study the Inspector General authority and the process for determining a lead agency in a suspension or debarment case.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Equality Act of 1998''. SEC. 2. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL NEEDS. (a) In General.--Section 473(a) of the Social Security Act (42 U.S.C. 673(a)) is amended by striking paragraph (2) and inserting the following: ``(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if such child-- ``(i) prior to termination of parental rights and the initiation of adoption proceedings was in the care of a public or licensed private child care agency or Indian tribal organization either pursuant to a voluntary placement agreement (provided the child was in care for not more than 180 days) or as a result of a judicial determination to the effect that continuation in the home would be contrary to the safety and welfare of such child, or was residing in a foster family home or child care institution with the child's minor parent (either pursuant to such a voluntary placement agreement or as a result of such a judicial determination); and ``(ii) has been determined by the State pursuant to subsection (c) to be a child with special needs, which needs shall be considered by the State, together with the circumstances of the adopting parents, in determining the amount of any payments to be made to the adopting parents. ``(B) Notwithstanding any other provision of law, and except as provided in paragraph (7), a child who is not a citizen or resident of the United States and who meets the requirements of subparagraph (A) shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii). ``(C) A child who meets the requirements of subparagraph (A), who was determined eligible for adoption assistance payments under this part with respect to a prior adoption (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997 been in effect at the time that such determination would have been made), and who is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child's adoptive parents have died, shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii).''. (b) Exception.--Section 473(a) of the Social Security Act (42 U.S.C. 673(a)) is amended by adding at the end the following: ``(7)(A) Notwithstanding any other provision of this subsection, no payment may be made to parents with respect to any child that-- ``(i) would be considered a child with special needs under subsection (c); ``(ii) is not a citizen or resident of the United States; and ``(iii) was adopted outside of the United States or was brought into the United States for the purpose of being adopted. ``(B) Subparagraph (A) shall not be construed as prohibiting payments under this part for a child described in subparagraph (A) that is placed in foster care subsequent to the failure, as determined by the State, of the initial adoption of such child by the parents described in such subparagraph.''. (c) Requirement for Use of State Savings.--Section 473(a) of the Social Security Act (42 U.S.C. 673(a)), as amended by subsection (b), is amended by adding at the end the following: ``(8) A State shall spend an amount equal to the amount of savings (if any) in State expenditures under this part resulting from the application of paragraph (2) on and after the effective date of the amendment to such paragraph made by section 2(a) of the Adoption Equality Act of 1998 to provide to children or families any service (including post-adoption services) that may be provided under this part or part B.''. (d) Effective Date.--The amendments made by this section shall take effect on October 1, 1998. SEC. 3. REDUCTIONS IN PAYMENTS FOR ADMINISTRATIVE COSTS. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended-- (1) in subsection (a)(7), by striking ``section 1919(g)(3)(B)'' and inserting ``subsection (x) and section 1919(g)(3)(C)''; and (2) by adding at the end the following: ``(x) Adjustments to Payments for Administrative Costs.-- ``(1) Reductions in payments for administrative costs based on determinations of amounts attributable to benefiting programs.-- ``(A) In general.--Subject to paragraph (2), effective for each of fiscal years 1999 through 2002, the Secretary shall reduce, for each such fiscal year, the amount paid under subsection (a)(7) to each State by an amount equal to the amount determined for the medicaid program under section 16(k)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2025(k)(2)(B)). The Secretary shall, to the extent practicable, make the reductions required by this paragraph on a quarterly basis. ``(B) Application.--If the Secretary does not make the determinations required by section 16(k)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2025(k)(2)(B)) by September 30, 1999-- ``(i) during the fiscal year in which the determinations are made, the Secretary shall reduce the amount paid under subsection (a)(7) to each State by an amount equal to the sum of the amounts determined for the medicaid program under section 16(k)(2)(B) of the Food Stamp Act of 1977 for fiscal year 1999 through the fiscal year during which the determinations are made; and ``(ii) for each subsequent fiscal year through fiscal year 2002, subparagraph (A) applies. ``(C) Application of appeal of determinations.--The provisions of section 16(k)(4) of the Food Stamp Act of 1977 (7 U.S.C. 20205(k)(4)) apply to reductions in payments under this subsection in the same manner as they apply to reductions under section 16(k) of that Act. ``(2) Bonus payment for program alignment.-- ``(A) In general.-- ``(i) Amount.--In addition to any other payment made under this title to a State for a fiscal year, the Secretary shall pay to each State that satisfies the requirements of clause (ii) a portion of the amount by which-- ``(I) any decrease in Federal outlays for amounts paid under subsection (a)(7) with respect to the State for the fiscal year as a result of the application of paragraph (1), as determined by the Congressional Budget Office, exceeds ``(II) any increase in Federal outlays with respect to the State for the fiscal year as a result of the application of section 473(a), as amended by section 2 of the Adoption Equality Act of 1998, as determined by the Congressional Budget Office. ``(ii) Requirements.--A State satisfies the requirements of this clause if the Secretary determines that-- ``(I) the State's income and resource eligibility rules under section 1931, taking into account the income standards and methodologies applied by the State, are not more restrictive than the income and resource eligibility rules applied by the State for the temporary assistance to needy families program funded under part A of title IV (other than for a welfare-to-work program funded under section 403(a)(5)); and ``(II) the State assures the Secretary that families applying for assistance under the temporary assistance to needy families program funded under part A of title IV (other than families applying solely for assistance under a welfare-to-work program funded under section 403(a)(5)) may apply for medical assistance under the State plan under this title without having to submit a separate application for such medical assistance. ``(B) Construction.--Nothing in subparagraph (A) shall be construed as-- ``(i) affecting the application of section 1931; ``(ii) affecting any application requirements established under this title or by regulation promulgated under the authority of this title, including the requirements established under section 1902(a)(8); or ``(iii) conditioning the right of an individual to apply for medical assistance under the State plan under this title upon an application for assistance under any State program funded under part A of title IV. ``(3) Allocation of administrative costs.-- ``(A) In general.--No funds or expenditures described in subparagraph (B) may be used to pay for costs-- ``(i) eligible for reimbursement under subsection (a)(7) (or costs that would have been eligible for reimbursement but for this subsection); and ``(ii) allocated for reimbursement to the medicaid program under a plan submitted by a State to the Secretary to allocate administrative costs for public assistance programs. ``(B) Funds and expenditures.--Subparagraph (A) applies to-- ``(i) funds made available to carry out part A of title IV or title XX; ``(ii) expenditures made as qualified State expenditures (as defined in section 409(a)(7)(B)); ``(iii) any other Federal funds (except funds provided under subsection (a)(7)); and ``(iv) any other State funds that are-- ``(I) expended as a condition of receiving Federal funds; or ``(II) used to match Federal funds under a Federal program other than the medicaid program.''. (b) Copies of Report on Review of Methodology Used To Make Certain Determinations.--Section 502(b)(2) of the Agricultural Research, Extension, and Education Reform Act of 1998 (Public Law 105-185; 112 Stat. 523) is amended by inserting ``, the Committee on Commerce of the House of Representatives, the Committee on Finance of the Senate,'' after ``Representatives''.

Summary: Adoption Equality Act of 1998 - Amends title IV part E (Federal Payments for Foster Care and Adoption Assistance) of the Social Security Act (SSA) to revise adoption assistance eligibility guidelines for children with special needs. (Sec. 2) Makes eligible for such assistance only children with special needs who before termination of parental rights and the initiation of adoption proceedings were: (1) in the care of a public or licensed private child care agency or Indian tribal organization, either pursuant to a voluntary placement agreement (provided the child was in care for not more than 180 days), or as a result of a judicial determination to the effect that continuation in the home would be contrary to the child's safety and welfare; or (2) residing in a foster family home or child care institution with the child's minor parent. Requires a State to consider such special needs, together with the circumstances of the adopting parents, in determining the amount of Federal adoption subsidies paid to them. Prohibits assistance with respect to any child who is not a U.S. citizen or resident and who was adopted outside the United States or was brought into it for adoption purposes. (Sec. 3) Prescribes guidelines under which the Secretary of Health and Human Services shall reduce, for specified fiscal years, Federal payments to the States for administrative costs based on determinations of amounts attributable to the Medicaid program under the Food Stamp Act of 1977. Requires the Secretary to make a bonus payment to any State: (1) whose income and eligibility rules are not more restrictive than the income and resource eligibility rules applied by the State for the temporary assistance to needy families (TANF) program funded under SSA title IV part A; and (2) which assures the Secretary that families applying for TANF may apply for Medicaid under SSA title XIX.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Historically Women's Public Colleges or Universities Historic Building Restoration and Preservation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Historically women's public college or university.--The term ``historically women's public college or university'' means a public institution of higher education created in the United States between 1836 and 1908 to provide industrial education for women, including the institutions listed in clauses (i) though (viii) of section 3(d)(2)(A). (2) Historic building or structure.--The term ``historic building or structure'' means a building or structure listed (or eligible to be listed) on the National Register of Historic Places, designated as a National Historic Landmark, or located within a designated historic district. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. PRESERVATION AND RESTORATION GRANTS FOR HISTORIC BUILDINGS AND STRUCTURES AT HISTORICALLY WOMEN'S PUBLIC COLLEGES OR UNIVERSITIES. (a) Authority To Make Grants.-- (1) In general.--From amounts made available under paragraph (2), the Secretary shall award grants in accordance with this section to historically women's public colleges or universities for the preservation and restoration of historic buildings and structures on their campuses. (2) Source of funding.--Grants under paragraph (1) shall be awarded from amounts appropriated to carry out the National Historic Preservation Act (16 U.S.C. 470 et seq.) for fiscal years 2001 through 2005. (b) Grant Conditions.--Grants made under subsection (a) shall be subject to the condition that the grantee agree, for the period of time specified by the Secretary, that-- (1) no alteration will be made in the property with respect to which the grant is made without the concurrence of the Secretary; and (2) reasonable public access to the property for which the grant is made will be permitted by the grantee for interpretive and educational purposes. (c) Matching Requirement for Buildings and Structures Listed on the National Register of Historic Places.-- (1) In general.--Except as provided by paragraph (2), the Secretary may obligate funds made available under this section for a grant with respect to a building or structure listed on the National Register of Historic Places, designated as a National Historic Landmark, or located within a designated historic district, only if the grantee agrees to provide for activities under the grant, from funds derived from non-Federal sources, an amount equal to 50 percent of the costs of the program to be funded under the grant with the Secretary providing 50 percent of such costs under the grant. (2) In-kind contributions.--In addition to cash outlays and payments, in-kind contributions of property or personnel services by non-Federal interests may be used for the non- Federal share of costs required by paragraph (1). (d) Funding Provisions.-- (1) Amounts to be made available.--Not more than $16,000,000 for each of the fiscal years 2001 through 2005 may be made available under this section. (2) Allocations for fiscal year 2001.-- (A) In general.--Of the amounts made available under this section for fiscal year 2001, there shall be available only for grants under subsection (a) $2,000,000 for each of the following: (i) Mississippi University for Women in Colombus, Mississippi. (ii) Georgia College and State University in Milledgeville, Georgia. (iii) University of North Carolina in Greensboro, North Carolina. (iv) Winthrop University in Rock Hill, South Carolina. (v) University of Montevallo in Montevallo, Alabama. (vi) Texas Woman's University in Denton, Texas. (vii) University of Science and Arts of Oklahoma in Chickasha, Oklahoma. (viii) Wesleyan College in Macon, Georgia. (B) Less than $16,000,000 available.--If less than $16,000,000 is made available under this section for fiscal year 2001, then the amount made available to each of the institutions listed in subparagraph (A) shall be reduced by the same amount. (3) Allocations for fiscal years 2002-2005.--Any funds which are made available during fiscal years 2002 through 2005 under subsection (a)(2) shall be distributed by the Secretary in accordance with the provisions of subparagraphs (A) and (B) of paragraph (2) to those grantees named in paragraph (2)(A) which remain eligible and desire to participate, on a uniform basis, in such fiscal years. (e) Regulations.--The Secretary shall promulgate such regulations as are necessary to carry out this Act. Passed the House of Representatives October 3, 2000. Attest: Clerk.

Summary: Sets forth: (1) grant conditions; (2) a 50 percent non-Federal funds matching requirement, including in- kind contributions; and (3) a limitation on the total amount of such grants in a fiscal year. Requires such amount for FY 2001 to be distributed equally among the following institutions: (1) Mississippi University for Women; (2) Georgia College and State University; (3) University of North Carolina at Greensboro, North Carolina; (4) Winthrop University in Rock Hill, South Carolina; (5) University of Montevallo in Montevallo, Alabama; (6) Texas Woman's University in Denton, Texas; (7) University of Science and Arts of Oklahoma in Chickasha, Oklahoma; and (8) Wesleyan College in Macon, Georgia. Requires such amounts for FY 2002 through 2005 also to be distributed among such institutions if they remain eligible and wish to participate, on a uniform basis, for such fiscal years.