Input:
SECTION 1. 1-YEAR EXTENSION OF DATE FOR COMPLIANCE BY CERTAIN COVERED
              ENTITIES WITH ADMINISTRATIVE SIMPLIFICATION STANDARDS FOR
              ELECTRONIC TRANSACTIONS AND CODE SETS.

    (a) In General.--Notwithstanding section 1175(b)(1)(A) of the
Social Security Act (42 U.S.C. 1320d-4(b)(1)(A)) and section 162.900 of
title 45 of the Code of Federal Regulations--
            (1) a health care provider shall not be considered to be in
        noncompliance with the applicable requirements of subparts I
        through N of part 162 of title 45 of the Code of Federal
        Regulations before October 16, 2003; and
            (2) a health plan (other than a small health plan) or a
        health care clearinghouse shall not be considered to be in
        noncompliance with the applicable requirements of subparts I
        through R of part 162 of title 45 of the Code of Federal
        Regulations before October 16, 2003.
    (b) Special Rules.--
            (1) Rules of construction.--Nothing in this section shall
        be construed--
                    (A) as modifying the October 16, 2003, date for
                compliance of small health plans with subparts I
                through R of part 162 of title 45 of the Code of
                Federal Regulations; or
                    (B) as modifying--
                            (i) the April 14, 2003, date for compliance
                        of a health care provider, a health plan (other
                        than a small health plan), or a health care
                        clearinghouse with subpart E of part 164 of
                        title 45 of the Code of Federal Regulations; or
                            (ii) the April 14, 2004, date for
                        compliance of a small health plan with subpart
                        E of part 164 of title 45 of the Code of
                        Federal Regulations.
            (2) Applicability of privacy requirements to certain
        transactions prior to standards compliance date.--
                    (A) In general.--Notwithstanding any other
                provision of law, during the period that begins on
                April 14, 2003, and ends on October 16, 2003, a health
                care provider or, subject to subparagraph (C), a health
                care clearinghouse, that transmits any health
                information in electronic form in connection with a
                transaction described in subparagraph (B) shall comply
                with the then applicable requirements of subpart E of
                part 164 of title 45 of the Code of Federal Regulations
                without regard to section 164.106 of subpart A of such
                part or to whether the transmission meets any standard
                formats required by part 162 of title 45 of the Code of
                Federal Regulations.
                    (B) Transactions described.--The transactions
                described in this subparagraph are the following:
                            (i) A health care claims or equivalent
                        encounter information transaction.
                            (ii) A health care payment and remittance
                        advice transaction.
                            (iii) A coordination of benefits
                        transaction.
                            (iv) A health care claim status
                        transaction.
                            (v) An enrollment and disenrollment in a
                        health plan transaction.
                            (vi) An eligibility for a health plan
                        transaction.
                            (vii) A health plan premium payments
                        transaction.
                            (viii) A referral certification and
                        authorization transaction.
                            (ix) A transaction with respect to a first
                        report of injury.
                            (x) A transaction with respect to health
                        claims attachments.
                    (C) Application to health care clearinghouses.--For
                purposes of this paragraph, during the period described
                in subparagraph (A), an entity that would otherwise
                meet the definition of health care clearinghouse that
                processes or facilitates the processing of information
                in connection with a transaction described in
                subparagraph (B) shall be deemed to be a health care
                clearinghouse notwithstanding that the entity does not
                process or facilitate the processing of such
                information into any standard formats required by part
                162 of title 45 of the Code of Federal Regulations.
    (c) Definitions.--In this section--
            (1) the terms ``health care provider'', ``health plan'',
        and ``health care clearinghouse'' have the meaning given those
        terms in section 1171 of the Social Security Act (42 U.S.C.
        1320d) and section 160.103 of part 160 of title 45 of the Code
        of Federal Regulations;
            (2) the terms ``small health plan'' and ``transaction''
        have the meaning given those terms in section 160.103 of part
        160 of title 45 of the Code of Federal Regulations; and
            (3) the terms ``health care claims or equivalent encounter
        information transaction'', ``health care payment and remittance
        advice transaction'', ``coordination of benefits transaction'',
        ``health care claim status transaction'', ``enrollment and
        disenrollment in a health plan transaction'', ``eligibility for
        a health plan transaction'', ``health plan premium payments
        transaction'', and ``referral certification and authorization
        transaction'' have the meanings given those terms in sections
        162.1101, 162.1601, 162.1801, 162.1401, 162.1501, 162.1201,
        162.1701, and 162.1301 of part 162 of title 45 of the Code of
        Federal Regulations, respectively.

Output: Provides a one year extension for providers, State health programs, health plans, and others to implement the administrative simplification standards for electronic transactions and code sets required by the Health Insurance Portability and Accountability Act (HIPAA).Differentiates these electronic transaction and code set requirements from the medical privacy regulations under HIPAA which remain unaffected.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Autism Understanding and Training in
School Methodologies for Educators Act of 2012''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Autism is a group of complex developmental brain
        disorders collectively referred to as Autism Spectrum Disorders
        (ASDs) that can cause a wide range of symptoms, skills, and
        levels of impairment including social, communication and
        behavior changes.
            (2) Autism spectrum disorders are also referred to as
        pervasive developmental disorders and include subcategories of
        classic autism with ranges from high functioning autism (HFA)
        to low functioning autism, Asperger syndrome, and pervasive
        developmental disorder, not otherwise specified (PDD-NOS), as
        well as more severe cases of Rhett Syndrome and Child
        Disintegrative Disorder.
            (3) Autism affects an estimated 1 in 88 children by age 8
        and 1 in 54 boys.
            (4) An estimated 1,500,000 individuals in the United States
        are affected by autism.
            (5) More children will be diagnosed with autism this year
        than with AIDS, diabetes, and cancer combined.
            (6) Autism is the fastest growing serious developmental
        disability in the United States.
            (7) Autism costs the Nation over $35,000,000,000 per year,
        a figure expected to significantly increase in the next decade.
            (8) Boys are five times more likely than girls to have
        autism.
            (9) There is currently no medical cure for autism, but
        there are evidence-based educational methods proven to be
        effective in improving outcomes for students with autism and
        research demonstrating the benefits of routine and consistency.
            (10) The least restrictive environment for educating
        students with autism spectrum disorder, including, but not
        limited to, students with high functioning autism, Asperger
        syndrome, and PDD-NOS, often is best achieved by enrollment in
        a general education classroom with proper support.
            (11) General education classroom teachers and staff often
        are not adequately trained to work effectively with students
        with autism spectrum disorders, who have a wide diversity of
        characteristics, although such skills may be attained through
        qualified training programs and may be relatively easy to
        implement in school settings.
            (12) Training general education classroom teachers and
        staff to implement evidence-based practices for educating
        students with autism spectrum disorders with accuracy and
        fidelity will help provide for best possible outcomes not only
        for students with autism, but also for other students in the
        classroom.
            (13) Children with autism in highly transient families,
        such as the military (where the rate of children on the
        spectrum is even higher) and foreign service families, often
        face additional challenges in the public education system
        because of frequent changes in the family's geographic duty
        station or a parent's deployment, which can interrupt the
        provision of appropriate interventions and continuity of
        effective educational methods.
            (14) In school districts that have a large population of
        transient families or that border military bases it is
        especially important to have staff who are highly trained to
        provide effective services and build a proven track record of
        academic achievement in serving students with autism.

SEC. 3. DEMONSTRATION PROGRAM AUTHORIZED.

    (a) Authorization of Grant Program.--The Secretary is authorized to
carry out a demonstration grant program to award grants to eligible
entities to enable such entities to accomplish the purposes described
in subsection (b).
    (b) Purposes.--A grant provided under this section shall be used
for the following purposes within schools providing education to
children in grades pre-kindergarten through 12:
            (1) Providing evidence-based, in-service training to
        teachers, paraprofessionals, and other staff on effective ways
        to teach, communicate, recognize, support, and interact with
        children with autism spectrum disorder in the classroom and
        related school settings. Training on providing effective
        support includes but is not limited to academic support,
        behavioral support, communication support, social emotional
        support, and facilitating positive peer interactions and social
        skills.
            (2) Providing technical assistance consisting of
        consultation on the type of training needed, hands-on
        opportunities to practice and perform newly acquired skills and
        methodologies with fidelity, and post-training support to
        ensure accuracy of implementation in the classroom.
            (3) Executing strategies for recruiting and retaining
        skilled personnel participating in the education of children
        with autism spectrum disorders.
            (4) Implementing a program of parental support and
        involvement in the education of students with autism spectrum
        disorders.
    (c) Duration of Grants.--A grant provided under this section shall
be--
            (1) for a period of not more than 5 years, of which not
        more than the first 2 years shall be used for planning; and
            (2) subject to annual approval by the Secretary and subject
        to the availability of appropriations for the fiscal year
        involved.
    (d) Limitation on Administrative Costs.--An eligible entity may use
not more than 20 percent of the funds received under this section for
the administrative costs of carrying out its responsibilities under
this section.
    (e) Applications.--To be eligible to receive a grant under this
section, an eligible entity shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.
    (f) Report.--The Secretary shall conduct an evaluation of the
demonstration program authorized by this section and, not later than 1
year after the date of the completion of the demonstration program,
shall prepare and submit to the President and the Congress a report on
such evaluation, together with recommendations for dissemination and
replication of the results of the program.
    (g) Definitions.--For purposes of this section:
            (1) The term ``autism spectrum disorders (ASDs)'' refers to
        complex disorders of brain development that can affect
        individuals with varying degrees from mild to severe, and is
        characterized by a combination of restricted repetitive and
        stereotyped behaviors, interests and activities; qualitative
        impairments in social interactions; and qualitative impairments
        in verbal and nonverbal communication.
            (2) The term ``eligible entity'' means an eligible local
        educational agency, or a consortia of such agencies, in
        partnership with--
                    (A) one or more institutions of higher education;
                or
                    (B) one or more nonprofit educational entities with
                documented expertise in working with children with
                autism.
            (3) The term ``eligible local educational agency'' means a
        local educational agency that has no less than 10 percent of
        its special education population identified with autism
        spectrum disorders, including, but not limited to, high
        functioning autism, Asperger syndrome, and PDD-NOS, and have
        documented a growth pattern in the number of these students.
            (4) The term ``institution of higher education'' has the
        meaning given such term in section 102 of the Higher Education
        Act of 1965 (20 U.S.C. 1002).
            (5) The term ``local educational agency'' has the meaning
        given the term in section 9101 of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 7801).
            (6) The term ``Secretary'' means the Secretary of
        Education.

Output: Autism Understanding and Training in School Methodologies for Educators Act of 2012 - Authorizes the Secretary of Education to carry out a demonstration program to award five-year grants to eligible local education agencies for the following purposes in schools for children in grades pre-kindergarten through 12: (1) providing training to teachers, paraprofessionals, and other staff on effective ways to teach, communicate, recognize, support, and interact with children with autism spectrum disorders in the classroom; (2) providing technical assistance consisting of consultation on the type of training needed, hands-on opportunities to practice and perform newly acquired skills and methodologies, and post-training support to ensure accuracy of implementation in the classroom; (3) executing strategies for recruiting and retaining skilled personnel participating in the education of children with such disorders; and (4) implementing a program of parental support and involvement in the education of students with such disorders.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Smaller Schools, Stronger
Communities Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since World War II, the conventional wisdom among
        educators has been that larger schools are better than smaller
        schools, and as a result the number of secondary schools in the
        United States has declined by 70 percent and the average school
        size has grown to 5 times the previous average size. According
        to the Department of Education, 70 percent of high school
        students in 2000 attended schools with more than 1,000
        students.
            (2) Over the past few years, educators have begun to
        question the belief that larger schools are always better. The
        National Association of Secondary School Principals recently
        recommended that the high school of the 21st century be much
        more student-centered and, above all, much more personalized in
        programs, support services, and intellectual rigor. Underlying
        this recommendation are the Association's beliefs that students
        take more interest in school when they have a sense of
        belonging and that students benefit from a more intimate
        setting in which their presence is more readily and repeatedly
        acknowledged.
            (3) The National Association of Secondary School Principals
        warns that the ``bigness'' of high schools shrouds many young
        people in what the Association calls ``a cloak of anonymity''.
        To counteract this effect, the Association recommends that high
        schools--
                    (A) restructure their layouts and schedules so that
                students are no longer invisible and able to ``melt
                into their surroundings'';
                    (B) limit their enrollments to units of not more
                than 600 students, either by constructing new buildings
                or by creating schools-within-a-school; and
                    (C) change the relationship between teachers and
                students by reducing the number of class changes
                students are required to make each day and by allowing
                teachers to spend more time with smaller numbers of
                students.
            (4) Research shows that larger schools tend to stratify
        students into different tracks, which are often based on
        children's educational and social backgrounds. The result is
        inequitable educational outcomes, because at larger schools the
        gap between the educational achievement of high-achieving and
        low-achieving students is greater than at smaller schools.
            (5) Research shows that--
                    (A) in smaller, more personalized, and less
                bureaucratic schools, the gap between high-achieving
                and low-achieving students is smaller;
                    (B) students in smaller schools perform better in
                the core subjects of reading, mathematics, history, and
                science;
                    (C) students in smaller schools are more engaged in
                their courses;
                    (D) smaller schools have higher attendance rates
                and higher rates of participation in school activities;
                and
                    (E) because achievement levels in smaller schools
                are more equitably distributed, students who come from
                more disadvantaged economic and educational backgrounds
                show the greatest achievement gains in smaller schools.
            (6) In 2000, the Bank Street College of Education conducted
        a study, entitled ``Small Schools: Great Strides'', of more
        than 150 small schools in Chicago, Illinois. In the study,
        researchers found the following:
                    (A) Small schools generated measurable benefits
                (including higher attendance rates, grade point
                averages, and graduation rates) even among the most
                academically disadvantaged students.
                    (B) Teachers and parents reported greater
                satisfaction with small schools.
                    (C) Teachers found that small schools offer a
                stronger, more collaborative professional learning
                community and provide opportunities to know students
                better and to take greater responsibility for their
                achievement.
                    (D) Parents found that small schools are more
                accessible, more responsive, and safer.
            (7) According to a recent study of 13,600 schools in
        Georgia, Montana, Ohio, and Texas--
                    (A) in smaller schools the harmful effects of
                poverty on student achievement were greatly reduced;
                and
                    (B) in poorer Texas communities, larger schools had
                significantly lower test scores than smaller schools.
            (8) Research shows that smaller schools are safer and that
        students in smaller schools are less likely to join gangs.
        According to the 1999 report entitled ``Indicators of School
        Crime and Safety'' issued by the National Center for Education
        Statistics and the Bureau of Justice Statistics--
                    (A) the number of criminal acts committed at school
                and number of incidents of school violence were much
                lower in schools enrolling between 300 to 1,000
                students than in larger schools regardless of location
                in urban, suburban, or rural areas; and
                    (B) on the urban fringe, at schools within
                metropolitan areas but not in the areas' central
                cities, larger schools experienced as many as 4 times
                as many incidents of serious violence per 1,000
                students than smaller schools.
            (9) Many States and local educational agencies are
        implementing strategies to reduce the size of their schools,
        including Florida, where in 2000 Governor Jeb Bush signed a
        school safety bill that required new schools to serve smaller
        student populations. The legislation limited new high schools
        to 900 students.

SEC. 3. SMALLER LEARNING COMMUNITIES GRANT PROGRAM.

    Section 10105 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8005) is amended to read as follows:

``SEC. 10105. SMALLER LEARNING COMMUNITIES.

    ``(a) Definitions.--In this section, the following definitions
apply:
            ``(1) School.--The term `school' means an elementary school
        or a secondary school.
            ``(2) School-within-a-school.--The term `school-within-a-
        school' means a unit within a school that creates a close and
        consistent academic and administrative relationship between a
        group of students and a group of teachers such that the unit
        functions as an individualized smaller school, regardless of
        how many such schools-within-a-school exist within the larger
        school.
            ``(3) Smaller learning community.--The term `smaller
        learning community' means--
                    ``(A) an independent, small school within a single
                building;
                    ``(B) a school-within-a-school; or
                    ``(C) any other grouping of students, teachers, or
                administrators that uses effective or innovative
                strategies to create a more personalized school
                experience for students to improve student achievement
                or performance, including but not limited to strategies
                that make use of--
                            ``(i) career academies or clusters;
                            ``(ii) magnet schools;
                            ``(iii) restructured daily or school-year
                        schedules; or
                            ``(iv) mentoring systems, such as personal
                        adult advocates or teacher advisory systems.
    ``(b) Authority To Make Grants.--In accordance with this section,
the Secretary may--
            ``(1) make grants to local educational agencies to enable
        such agencies to develop plans to create smaller learning
        communities; and
            ``(2) make grants to local educational agencies to enable
        such agencies to implement plans to establish such communities.
    ``(c) Application.--
            ``(1) In general.--In accordance with this subsection, the
        Secretary shall require that each local educational agency
        seeking a grant under this section shall submit an application
        to the Secretary at such time, in such manner, and accompanied
        by such information as the Secretary may require.
            ``(2) Simple, brief application.--In developing
        applications for the grants described in subsection (b), the
        Secretary shall develop an application that is simple and brief
        in form.
            ``(3) Planning grants.--Each application from a local
        educational agency for a grant under subsection (b)(1) shall
        include information relating to each of the following:
                    ``(A) The need in the area administered by the
                local educational agency for 1 or more smaller learning
                communities.
                    ``(B) The process the local educational agency
                intends to follow in establishing 1 or more smaller
                learning communities.
                    ``(C) The steps the local educational agency
                intends to follow in order to ensure the viability of
                each smaller learning community to be assisted with the
                grant.
                    ``(D) For each smaller learning community to be
                assisted with the grant, the non-Federal resources that
                will be available to the local educational agency from
                each of the following:
                            ``(i) Any existing school at which the
                        smaller learning community will be located.
                            ``(ii) The school district, or area
                        administered by the local educational agency,
                        in which the smaller learning community will be
                        located.
            ``(4) Implementation grants.--Each application from a local
        educational agency for a grant under subsection (b)(2) shall
        include information relating to each of the following:
                    ``(A) The strategies and methods the local
                educational agency intends to use to create each
                smaller learning community.
                    ``(B) The curriculum and instructional practices,
                including any particular themes or emphases, to be used
                in the learning environment.
                    ``(C) The degree of involvement of teachers, and
                other school personnel, in investigating, designing,
                implementing, and sustaining each smaller learning
                community.
                    ``(D) The process to be used for involving
                students, parents, and other stakeholders in the
                development and implementation of each smaller learning
                community.
                    ``(E) Any cooperation or collaboration among
                community agencies, organizations, businesses, and
                others to develop or implement a plan to create each
                smaller learning community.
                    ``(F) The training and professional development
                activities that will be offered to teachers and others
involved in the activities for which the grant is sought.
                    ``(G) The goals and objectives of the activities
                for which the grant is sought, including a description
                of how such activities will better enable all students
                to reach challenging State content standards and State
                student performance standards.
                    ``(H) The methods by which the local educational
                agency will assess progress in meeting the goals and
                objectives described in subparagraph (G).
                    ``(I) With respect to any smaller learning
                community that will be a school-within-a-school, the
                relationship, including governance and administration,
                between the smaller learning community and the rest of
                the school.
                    ``(J) The administrative and managerial
                relationship between the local educational agency and
                each smaller learning community, including how such
                agency intends to ensure the continuity of the smaller
                learning community and the continuity of student and
                teacher assignment to such community.
                    ``(K) How the local educational agency intends to
                coordinate the use of the proceeds of the grant with
                the use of other funds provided under this Act or under
                other Federal laws.
                    ``(L) The grade levels or ages of students who will
                participate in each smaller learning community.
                    ``(M) The method of placing students in each
                smaller learning community.
    ``(d) Use of Grant Funds.--
            ``(1) Planning grants.--The proceeds of a grant made under
        subsection (b)(1) may be used for any of the following:
                    ``(A) Study of the feasibility of creating a
                smaller learning community.
                    ``(B) Study of effective and innovative
                organizational and instructional strategies for use in
                1 or more smaller learning communities.
                    ``(C) Research on and development of strategies for
                creating 1 or more smaller learning communities.
                    ``(D) Research on and development of, for 1 or more
                smaller learning communities, effective and innovative
                curriculums and methods of instruction designed to meet
                high State content standards and State student
                performance standards.
                    ``(E) Provision of professional development in
                innovative teaching methods that challenge and engage
                students to the staff of 1 or more smaller learning
                communities.
                    ``(F) Development of strategies for the
                participation in 1 or more smaller learning communities
                of parents, business representatives, local
                institutions of higher education, community-based
                organizations, and other community members, as
                facilitators of activities that provide professional
                development for teachers or that provide links between
                students and their local community.
                    ``(G) Any other reasonable expense, including
                architectural fees to design or remodel school
                facilities, but not including the costs directly
                associated with the renovation of existing facilities
                or the purchase or construction of new facilities.
            ``(2) Implementation grants.--The proceeds of a grant made
        under subsection (b)(2) may be used for any of the following:
                    ``(A) Implementing strategies for creating 1 or
                more smaller learning communities.
                    ``(B) Implementing within 1 or more smaller
                learning communities effective and innovative
                curriculums and methods of instruction designed to meet
                high State content standards and State student
                performance standards.
                    ``(C) Implementing strategies for the participation
                in 1 or more smaller learning communities of parents,
                business representatives, local institutions of higher
                education, community-based organizations, and other
                community members, as facilitators of activities that
                provide professional development for teachers or that
                provide links between students and their local
                community.
                    ``(D) Any other reasonable expense, including
                architectural fees to design or remodel school
                facilities, but not including the costs directly
                associated with the renovation of existing facilities
                or the purchase or construction of new facilities.
    ``(e) Equitable Distribution.--In making grants under this section,
the Secretary shall ensure that the recipients of grants under
subsection (b)(1) and the recipients of grants under subsection (b)(2)
are equitably distributed among urban, suburban, and rural areas of the
United States.
    ``(f) Report to the Secretary.--The Secretary shall require as a
condition of receipt of each grant under this section that the grant
recipient transmit to the Secretary a report on how the proceeds of the
grant were used.
    ``(g) Additional Authority.--To further assist local educational
agencies with respect to planning for or implementation of smaller
learning communities, the Secretary may--
            ``(1) provide technical assistance to such local
        educational agencies ; and
            ``(2) participate in networking activities.
    ``(h) Secretary's Use of Funds.--In each fiscal year, the Secretary
may use not more than a total of 5 percent of the amount authorized
under subsection (j) for--
            ``(1) evaluation of the program authorized by this section;
            ``(2) the provision of technical assistance under
        subsection (g)(1); and
            ``(3) networking activities under subsection (g)(2).
    ``(i) Study.--The Secretary shall conduct a study to--
            ``(1) build on existing research in the smaller learning
        communities field;
            ``(2) evaluate and compare outcomes at various types of
        smaller learning communities, including smaller learning
        communities in urban, suburban, and rural school districts; and
            ``(3) track the effectiveness of smaller learning
        communities.
    ``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $200,000,000 for fiscal year
2002 and such sums as may be necessary for the 4 succeeding fiscal
years.''.

Output: Smaller Schools, Stronger Communities Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to local educational agencies to develop and implement plans to create smaller learning communities.


Input:
SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Video Choice Act of 2005''.

SEC. 2. ESTABLISHMENT OF VIDEO CHOICE REGULATORY RELIEF.

    The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended
by adding at the end the following new title:

              ``TITLE VIII--VIDEO CHOICE REGULATORY RELIEF

``SEC. 801. DEFINITIONS.

    ``(a) Competitive Video Services Provider.--For purposes of this
title, the term `competitive video services provider' means any
provider of video programming, interactive on-demand services, other
programming services, or any other video services, who has, pursuant to
any Federal, State, or local law, any right, permission, or authority
to establish or use lines in or across public rights-of-way, which
right, permission or authority does not rely on, and is independent of,
any cable franchise obtained pursuant to section 621.
    ``(b) Other Terms.--For the purposes of this title, any term used
in this title that is defined by section 602 has the meaning provided
by that section.

``SEC. 802. REGULATORY RELIEF.

    ``(a) Redundant Franchises Prohibited.--Notwithstanding any other
provision of this Act, no competitive video services provider may be
required, whether pursuant to section 621 or to any other provision of
Federal, State, or local law, to obtain a franchise, in order to
provide any video programming, interactive on-demand services, other
programming services, or any other video services in any geographic
area if the provider has, pursuant to any Federal, State, or local law,
any right, permission, or authority to establish lines in or across
public rights-of-way in such geographic area, which right, permission
or authority does not rely on, and is independent of, any cable
franchise obtained pursuant to section 621.
    ``(b) Fees.--
            ``(1) Fees permitted.--Any competitive video services
        provider may be subject to the payment of fees to a local
        franchising authority, based on the gross revenues of the
        provider within the jurisdiction of such franchising authority,
        subject to the limitations of paragraph (2).
            ``(2) Limits on fees.--In determining the fees that may be
        required under paragraph (1)--
                    ``(A) the rate at which fees are imposed shall not
                exceed--
                            ``(i) the rate at which franchise fees are
                        imposed on any cable operator providing cable
                        service in the jurisdiction of the franchising
                        authority, as determined in accordance with
                        section 622 and any related regulations; or
                            ``(ii) in any jurisdiction in which no
                        cable operator provides service, no more than
                        the rate at which franchise fees could be
                        imposed rate on a cable operator in accordance
                        with section 622 and any related regulations;
                        and
                    ``(B) the only revenues that shall be considered
                are those attributable to services that would be
                considered in calculating franchise fees if the
                provider were deemed a cable operator for purposes of
                section 622 and any related regulations.
            ``(3) Itemized billing permitted.--The competitive video
        services provider may designate that portion of the end user's
        bill attributable to the fee under this subsection as a
        separate item on the bill.
    ``(c) Regulatory Treatment.--
            ``(1) Obligations and duties.--Any competitive video
        services provider shall--
                    ``(A) be subject to the retransmission consent
                provisions of section 325(b);
                    ``(B) carry, within each local franchise area, any
                public, educational, or governmental use channels that
                are carried by cable operators within such franchise
                area, and, in any franchise area not served by a cable
                operator, provide reasonable public, educational or
                governmental access facilities pursuant to section 611;
                    ``(C) carry the signals of local commercial
                television stations as required by section 614;
                    ``(D) carry the signals of local noncommercial
                educational television stations as required by section
                615;
                    ``(E) not deny services to any group of potential
                residential subscribers because of the income of the
                residents of the local area in which such group
                resides;
                    ``(F) be entitled to the benefits and protection of
                section 628;
                    ``(G) protect the personally identifiable
                information of its subscribers in the same manner as is
                required of cable operators with respect to subscribers
                to cable services under section 631;
                    ``(H) comply with any consumer protection and
                customer service requirements promulgated by the
                Commission pursuant to section 632;
                    ``(I) be entitled to the benefits and protection of
                section 633;
                    ``(J) be subject to the requirements of section
                641;
                    ``(K) be subject to the prohibition on buy outs of
                or by the incumbent cable operator under section 652;
                and
                    ``(L) not be subject to any other provisions of
                title VI of this Act.
            ``(2) Determinations of local signals.--For purposes of
        complying with paragraphs (1) (C) and (D), a competitive video
        service provider shall treat as local television stations with
        respect to a customer located within the jurisdiction of any
        franchising authority the same stations that are treated as
        local television stations for a cable system located within
        such jurisdiction.
    ``(d) Other Regulation Prohibited.--Except to the extent expressly
provided in this title, neither the Commission nor any State or
political subdivision thereof may regulate the rates, charges, terms,
or conditions for, entry into, exit from, deployment or provision of,
or any other aspect of the services provided by a competitive video
services provider.
    ``(e) State and Local Government Authority.--Except as provided in
subsection (a), nothing in this section affects the authority of a
State or local government to manage the public rights-of-way.''.

SEC. 3. REGULATION OF COMMON CARRIERS.

    Section 651(a)(3) of the Communications Act of 1934 (47 U.S.C.
571(a)(3)) is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B)
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) if such carrier is a competitive video
                services provider providing video programming pursuant
                to title VIII of this Act, such carrier shall not be
                subject to the requirements of this title except as
                provided in title VIII.''.

Output:
Video Choice Act of 2005 - Amends the Communications Act of 1934 to prohibit a competitive video services provider (CVSP) from being required to obtain a franchise in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in an area in which the CVSP has any right or authority to establish lines in or across public rights-of-way and such right or authority does not rely on, and is independent of, any cable franchise obtained by the CVSP. Allows the CVSP to be subject to the payment of fees (with limits) to a local franchising authority based on the gross revenue of the CVSP in that area.

Provides for the regulatory treatment of CVSPs.


Input:
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.

Output:
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.


Input:
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.

Output:
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.


Input:
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.''.

Output:
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.


Input:
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.''.

Output:
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.


Input:
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.''.

Output: 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.