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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Port Threat and Security Act''.

SEC. 2. IMPROVED REPORTING ON FOREIGN-FLAG VESSELS ENTERING UNITED
              STATES PORTS.

    Within 6 months after the date of enactment of this Act and every
year thereafter, the Secretary of Transportation, in consultation with
the Secretary of State, shall provide a report to the Committees on
Commerce, Science, and Transportation and Foreign Relations of the
Senate, and the Committees on Transportation and Infrastructure and
International Relations of the House of Representatives that lists the
following information:
            (1) A list of all nations whose flag vessels have entered
        United States ports in the previous year.
            (2) Of the nations on that list, a separate list of those
        nations--
                    (A) whose registered flag vessels appear as
                Priority III or higher on the Boarding Priority Matrix
                maintained by the Coast Guard;
                    (B) that have presented, or whose flag vessels have
                presented, false, intentionally incomplete, or
                fraudulent information to the United States concerning
                passenger or cargo manifests, crew identity or
                qualifications, or registration or classification of
                their flag vessels;
                    (C) whose vessel registration or classification
                procedures have been found by the Secretary to be
                insufficient or do not exercise adequate control over
                safety and security concerns; or
                    (D) whose laws or regulations are not sufficient to
                allow tracking of ownership and registration histories
                of registered flag vessels.
            (3) Actions taken by the United States, whether through
        domestic action or international negotiation, including
        agreements at the International Maritime Organization under
        section 902 of the International Maritime and Port Security Act
        (46 U.S.C. App. 1801), to improve transparency and security of
        vessel registration procedures in nations on the list under
        paragraph (2).
            (4) Recommendations for legislative or other actions needed
        to improve security of United States ports against potential
        threats posed by flag vessels of nations named in paragraph
        (2).

SEC. 3. SEA MARSHAL PROGRAM.

    (a) Establishment.--Within 6 months after the date of enactment of
this Act, the Secretary of Transportation shall establish a program to
place sea marshals on vessels entering United States Ports identified
in subsection (c).
    (b) Consultation.--In establishing this program, the Secretary
shall consult with representatives from the port security task force
and local port security committees.
    (c) Sea Marshal Ports.--The Secretary shall identify United States
ports for inclusion in the sea marshal program based on criteria that
include the following:
            (1) The presence of port facilities that handle materials
        that are hazardous or flammable in quantities that make them
        potential targets of attack.
            (2) The proximity of these facilities to residential or
        other densely populated areas.
            (3) The proximity of sea lanes or navigational channels to
        hazardous areas that would pose a danger to citizens in the
        event of a loss of navigational control by the ship's master.
            (4) Any other criterion deemed necessary by the Secretary.
    (d) Sea Marshal Qualifications.--The Secretary shall establish
appropriate qualifications or standards for sea marshals. The Secretary
may use, or require use of, Federal, State, or local personnel as sea
marshals.
    (e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation such sums as may be
necessary to carry out the requirements of this section for each of the
fiscal years 2002 through 2006.
    (f) Report.--Within 3 years after the date of enactment of this
Act, the Secretary shall report to the Committee on Commerce, Science,
and Transportation of the Senate, and Committee on Transportation and
Infrastructure of the House of Representatives on the success of the
program in protecting the ports listed under (c), and submit any
recommendations.

SEC. 4. SEA PILOT COMMUNICATION AND WARNING SYSTEM.

    Within 6 months after the date of enactment of this Act, the
Secretary of Transportation shall provide a secure report to the
Committee on Commerce, Science, and Transportation of the Senate, and
Committee on Transportation and Infrastructure of the House of
Representatives on the potential for increasing the capabilities of sea
pilots to provide information on maritime domain awareness. The report
should specifically address necessary improvements to both reporting
procedures and equipment that could allow pilots to be integrated more
effectively in an maritime domain awareness program.

SEC. 5. SECURITY STANDARDS AT FOREIGN SEAPORTS.

    (a) Assessment.--
            (1) In general.--The Secretary shall assess the
        effectiveness of the security measures maintained at--
                    (A) each foreign seaport--
                            (i) served by United States vessels;
                            (ii) from which foreign vessels serve the
                        United States; or
                            (iii) that poses a high risk of introducing
                        danger to international sea travel; and
                    (B) other foreign seaports the Secretary considers
                appropriate.
            (2) International cooperation and standards.--The Secretary
        of Transportation shall conduct an assessment under paragraph
        (1) of this subsection--
                    (A) in consultation with appropriate port
                authorities of the government of a foreign country
                concerned and United States vessel operators serving
                the foreign seaport for which the Secretary is
                conducting the assessment;
                    (B) to establish the extent to which a foreign
                seaport effectively maintains and carries out security
                measures; and
                    (C) by using a standard that will result in an
                analysis of the security measures at the seaport based
                at least on the standards and recommended practices of
                the International Maritime Organization in effect on
                the date of the assessment.
            (3) Report.--Each report to Congress required under section
        2 shall contain a summary of the assessments conducted under
        this subsection.
    (b) Interval.--The Secretary of Transportation shall conduct
assessments under subsection (a) of this section of at least 25 foreign
seaports annually until all seaports identified in subsection (a)(1)
are completed. The first 25 of these assessments shall be conducted
within 18 months after the date of enactment of this Act.
    (c) Consultation.--In carrying out subsection (a) of this section,
the Secretary of Transportation shall consult with the Secretary of
State--
            (1) on the terrorist threat that exists in each country;
        and
            (2) to establish which foreign seaports are not under the
        de facto control of the government of the foreign country in
        which they are located and pose a high risk of introducing
        danger to international sea travel.
    (d) Qualified Assessment Entities.--In carrying out subsection (a)
of this section, the Secretary of Transportation may utilize entities
determined by the Secretary of Transportation and the Secretary of
State to be qualified to conduct such assessments.
    (e) Notifying Foreign Authorities.--If the Secretary of
Transportation, after conducting an assessment under subsection (a) of
this section, determines that a seaport does not maintain and carry out
effective security measures, the Secretary, after advising the
Secretary of State, shall notify the appropriate authorities of the
government of the foreign country of the decision and recommend the
steps necessary to bring the security measures in use at the seaport up
to the standard used by the Secretary in making the assessment.
    (f) Actions When Seaports Not Maintaining and Carrying Out
Effective Security Measures.--
            (1) In general.--If the Secretary of Transportation makes a
        determination under subsection (e) that a seaport does not
        maintain and carry out effective security measures, the
        Secretary--
                    (A) shall publish the identity of the seaport in
                the Federal Register;
                    (B) shall require the identity of the seaport to be
                posted and displayed prominently at all United States
                seaports at which scheduled passenger carriage is
                provided regularly;
                    (C) shall notify the news media of the identity of
                the seaport;
                    (D) shall require each United States and foreign
                vessel providing transportation between the United
                States and the seaport to provide written notice of the
                decision, on or with the ticket, to each passenger
                buying a ticket for transportation between the United
                States and the seaport; and
                    (E) may, after consulting with the appropriate port
                authorities of the foreign country concerned and United
                States and foreign vessel operators serving the seaport
                and with the approval of the Secretary of State,
                withhold, revoke, or prescribe conditions on the
                operating authority of a United States or foreign
                vessel that uses that seaport to provide foreign sea
                transportation.
            (2) Presidential action.--If the Secretary makes such a
        determination under subsection (e) about a seaport, the
        President may prohibit a United States or foreign vessel from
        providing transportation between the United States and any
        other foreign seaport that is served by vessels navigating to
        or from the seaport with respect to which a decision is made
        under this section.
            (3) When action to be taken.--
                    (A) In general.--The provisions of paragraphs (1)
                and (2) shall apply with respect to a foreign seaport--
                            (i) 90 days after the government of a
                        foreign country is notified of the Secretary's
                        determination under subsection (e) of this
                        section unless the Secretary of Transportation
                        finds that the government has brought the
                        security measures at the seaport up to the
                        standard the Secretary used in making an
                        assessment under subsection (a) of this section
                        before the end of that 90-day period; or
                            (ii) on the date on which the Secretary
                        makes that determination if the Secretary of
                        Transportation determines, after consulting
                        with the Secretary of State, that a condition
                        exists that threatens the safety or security of
                        passengers, vessels, or crew traveling to or
                        from the seaport.
                    (B) Travel advisory notification.--The Secretary of
                Transportation immediately shall notify the Secretary
                of State of a determination under subparagraph (A)(ii)
                of this paragraph so that the Secretary of State may
                issue a travel advisory required under section 908 of
                the International Maritime and Port Security Act (46
                U.S.C. App. 1804).
            (4) Congressional notification.--The Secretary of
        Transportation promptly shall submit to Congress a report (and
        classified annex if necessary) on action taken under paragraph
        (1) or (2) of this subsection, including information on
        attempts made to obtain the cooperation of the government of a
        foreign country in meeting the standard the Secretary used in
        assessing the seaport under subsection (a) of this section.
            (5) Cancellation of publication requirements.--If the
        Secretary of Transportation, in consultation with the Secretary
        of State, determines that effective security measures are
        maintained and carried out at the seaport against which the
        Secretary took action under paragraph (1), then the Secretary
        shall--
                    (A) terminate action under paragraph (1) against
                that seaport; and
                    (B) notify the Congress of the Secretary's
                determination.
    (g) Suspensions.--The Secretary of Transportation, with the
approval of the Secretary of State and without notice or a hearing,
shall suspend the right of any United States vessel to provide foreign
sea transportation, and the right of a person to operate vessels in
foreign sea commerce, to or from a foreign seaport if the Secretary of
Transportation determines that--
            (1) a condition exists that threatens the safety or
        security of passengers, vessels, or crew traveling to or from
        that seaport; and
            (2) the public interest requires an immediate suspension of
        transportation between the United States and that seaport.
    (h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation $2,000,000 for fiscal
year 2002 and each fiscal year thereafter to carry out this section.

SEC. 6. FOREIGN PORT ASSESSMENT FEES.

    (a) In General.--The Secretary of Transportation shall collect a
user fee from cruise vessel lines upon the arrival of a cruise vessel
at a United States port from a foreign port. Amounts collected under
this section shall be treated as offsetting collections to offset
annual appropriations for the costs of providing foreign port
vulnerability assessments under section 5.
    (b) Amount of Fee.--Cruise vessel lines shall remit $0.50 for each
passenger embarkment on a cruise that includes at least one United
States port and one foreign port.
    (c) Use of Fees.--A fee collected under this section shall be used
solely for the costs associated with providing foreign port
vulnerability assessments and may be used only to the extent provided
in advance in an appropriation law.
    (d) Effective Date.--The requirements of this section apply with
respect to travel beginning more than 179 days after the date of
enactment of this Act.

Output: Port Threat and Security Act - Directs the Secretary of Transportation to report to specified congressional committees: (1) a list of all nations whose flag vessels have entered U.S. ports in the previous year, and of those nations, a separate list of nations whose registered flag vessels appear as Priority III or higher on the Boarding Priority Matrix, that have presented certain false vessel-related information to the United States, or whose laws or regulations are not sufficient to allow tracking of ownership and registration histories of registered flag vessels; (2) on actions taken by the United States to improve transparency and security of vessel registration procedures in nations that have been listed; and (3) on recommendations for legislative or other actions needed to improve security of U.S. ports against potential threats posed by flag vessels of such nations.Establishes a program to place sea marshals on vessels entering U.S. ports that have been identified as posing a potential target of attack or because of their location may pose a risk to residential or other densely populated areas.Directs the Secretary to assess the effectiveness of security measures maintained at foreign seaports that serve U.S. vessels, from which foreign vessels serve the United States, or that pose a high risk of introducing danger to international sea travel. Sets forth certain actions the Secretary must take against seaports that do not maintain effective security measures.Imposes a user fee on cruise vessels that arrive at a U.S. port from a foreign port.


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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Striped Bass Conservation, Atlantic
Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act
of 2000''.

                  TITLE I--ATLANTIC COASTAL FISHERIES
               Subtitle A--Atlantic Striped Bass Conservation

SEC. 101. REAUTHORIZATION OF ATLANTIC STRIPED BASS CONSERVATION ACT.

    Section 7(a) of the Atlantic Striped Bass Conservation Act (16
U.S.C. 1851 note) is amended to read as follows:
    ``(a) Authorization.--For each of fiscal years 2001, 2002, and
2003, there are authorized to be appropriated to carry out this Act--
        ``(1) $1,000,000 to the Secretary of Commerce; and
        ``(2) $250,000 to the Secretary of the Interior.''.

SEC. 102. POPULATION STUDY OF STRIPED BASS.

    (a) Study.--The Secretaries (as that term is defined in the
Atlantic Striped Bass Conservation Act), in consultation with the
Atlantic States Marine Fisheries Commission, shall conduct a study to
determine if the distribution of year classes in the Atlantic striped
bass population is appropriate for maintaining adequate recruitment and
sustainable fishing opportunities. In conducting the study, the
Secretaries shall consider--
        (1) long-term stock assessment data and other fishery-dependent
    and independent data for Atlantic striped bass; and
        (2) the results of peer-reviewed research funded under the
    Atlantic Striped Bass Conservation Act.
    (b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretaries, in consultation with the
Atlantic States Marine Fisheries Commission, shall submit to the
Committee on Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate the
results of the study and a long-term plan to ensure a balanced and
healthy population structure of Atlantic striped bass, including older
fish. The report shall include information regarding--
        (1) the structure of the Atlantic striped bass population
    required to maintain adequate recruitment and sustainable fishing
    opportunities; and
        (2) recommendations for measures necessary to achieve and
    maintain the population structure described in paragraph (1).
    (c) Authorization.--There are authorized to be appropriated to the
Secretary of Commerce $250,000 to carry out this section.

     Subtitle B--Atlantic Coastal Fisheries Cooperative Management

SEC. 121. SHORT TITLE.

    This subtitle may be cited as the ``Atlantic Coastal Fisheries Act
of 2000''.

SEC. 122. REAUTHORIZATION OF ATLANTIC COASTAL FISHERIES COOPERATIVE
              MANAGEMENT ACT.

    (a) Authorization of Appropriations.--Section 811 of the Atlantic
Coastal Fisheries Cooperative Management Act (16 U.S.C. 5108) is
amended to read as follows:

``SEC. 811. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--To carry out this title, there are authorized to
be appropriated $10,000,000 for each of fiscal years 2001 through 2005.
    ``(b) Cooperative Statistics Program.--Amounts authorized under
subsection (a) may be used by the Secretary to support the Commission's
cooperative statistics program.''.
    (b) Technical Corrections.--
        (1) In general.--Such Act is amended--
            (A) in section 802(3) (16 U.S.C. 5101(3)) by striking
        ``such resources in'' and inserting ``such resources is''; and
            (B) by striking section 812 and the second section 811.
        (2) Amendments to repeal not affected.--The amendments made by
    paragraph (1)(B) shall not affect any amendment or repeal made by
    the sections struck by that paragraph.
        (3) Short title references.--Such Act is further amended by
    striking ``Magnuson Fishery'' each place it appears and inserting
    ``Magnuson-Stevens Fishery''.
    (c) Reports.--
        (1) Annual report to the secretary.--The Secretary shall
    require, as a condition of providing financial assistance under
    this subtitle, that the Commission and each State receiving such
    assistance submit to the Secretary an annual report that provides a
    detailed accounting of the use of the assistance.
        (2) Biennial reports to the congress.--The Secretary shall
    submit biennial reports to the Committee on Resources of the House
    of Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate on the use of Federal assistance
    provided to the Commission and the States under this subtitle. Each
    biennial report shall evaluate the success of such assistance in
    implementing this subtitle.

   TITLE II--JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT
                                PROGRAM

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Marine Mammal Rescue Assistance
Act of 2000''.

SEC. 202. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT
              PROGRAM.

    (a) In General.--Title IV of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1371 et seq.) is amended--
        (1) by redesignating sections 408 and 409 as sections 409 and
    410, respectively; and
        (2) by inserting after section 407 the following:

``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT
              PROGRAM.

    ``(a) In General.--(1) Subject to the availability of
appropriations, the Secretary shall conduct a grant program to be known
as the John H. Prescott Marine Mammal Rescue Assistance Grant Program,
to provide grants to eligible stranding network participants for the
recovery or treatment of marine mammals, the collection of data from
living or dead stranded marine mammals for scientific research
regarding marine mammal health, and facility operation costs that are
directly related to those purposes.
    ``(2)(A) The Secretary shall ensure that, to the greatest extent
practicable, funds provided as grants under this subsection are
distributed equitably among the stranding regions designated as of the
date of the enactment of the Marine Mammal Rescue Assistance Act of
2000, and in making such grants shall give preference to those
facilities that have established records for rescuing or rehabilitating
sick and stranded marine mammals in each of the respective regions, or
subregions.
    ``(B) In determining priorities among such regions, the Secretary
may consider--
        ``(i) any episodic stranding or any mortality event other than
    an event described in section 410(6), that occurred in any region
    in the preceding year;
        ``(ii) data regarding average annual strandings and mortality
    events per region; and
        ``(iii) the size of the marine mammal populations inhabiting a
    geographic area within such a region.
    ``(b) Application.--To receive a grant under this section, a
stranding network participant shall submit an application in such form
and manner as the Secretary may prescribe.
    ``(c) Consultation.--The Secretary shall consult with the Marine
Mammal Commission, a representative from each of the designated
stranding regions, and other individuals who represent public and
private organizations that are actively involved in rescue,
rehabilitation, release, scientific research, marine conservation, and
forensic science regarding stranded marine mammals, regarding the
development of criteria for the implementation of the grant program and
the awarding of grants under the program.
    ``(d) Limitation.--The amount of a grant under this section shall
not exceed $100,000.
    ``(e) Matching Requirement.--
        ``(1) In general.--The non-Federal share of the costs of an
    activity conducted with a grant under this section shall be 25
    percent of such costs.
        ``(2) In-kind contributions.--The Secretary may apply to the
    non-Federal share of an activity conducted with a grant under this
    section the amount of funds, and the fair market value of property
    and services, provided by non-Federal sources and used for the
    activity.
    ``(f) Administrative Expenses.--Of amounts available each fiscal
year to carry out this section, the Secretary may expend not more than
6 percent or $80,000, whichever is greater, to pay the administrative
expenses necessary to carry out this section.
    ``(g) Definitions.--In this section:
        ``(1) Designated stranding region.--The term `designated
    stranding region' means a geographic region designated by the
    Secretary for purposes of administration of this title.
        ``(2) Secretary.--The term `Secretary' has the meaning given
    that term in section 3(12)(A).
    ``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2001 through 2003, to remain available until expended, of which--
        ``(1) $4,000,000 may be available to the Secretary of Commerce;
    and
        ``(2) $1,000,000 may be available to the Secretary of the
    Interior.''.
    (b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting
``(other than section 408)'' after ``title IV''.
    (c) Clerical Amendment.--The table of contents in the first section
of the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended
by striking the items relating to sections 408 and 409 and inserting
the following:
``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant
          Program.
``Sec. 409. Authorization of appropriations.
``Sec. 410. Definitions.''.

SEC. 203. STUDY OF THE EASTERN GRAY WHALE POPULATION.

    (a) Study.--Not later than 180 days after the date of the enactment
of this Act and subject to the availability of appropriations, the
Secretary of Commerce shall initiate a study of the environmental and
biological factors responsible for the significant increase in
mortality events of the eastern gray whale population and other
potential impacts these factors may be having on the eastern gray whale
population.
    (b) Consideration of Western Population Information.--The Secretary
should ensure that, to the greatest extent practicable, information
from current and future studies of the western gray whale population is
considered in the study under this section, so as to better understand
the dynamics of each population and to test different hypotheses that
may lead to an increased understanding of the mechanism driving their
respective population dynamics.
    (c) Authorization of Appropriations.--In addition to other amounts
authorized under this title, there are authorized to be appropriated to
the Secretary to carry out this section--
        (1) $290,000 for fiscal year 2001; and
        (2) $500,000 for each of fiscal years 2002 through 2004.

SEC. 204. CONVEYANCE OF FISHERY RESEARCH VESSEL TO AMERICAN SAMOA.

    (a) In General.--The Secretary of Commerce (in this section
referred to as the ``Secretary'') may convey to the Government of
American Samoa in accordance with this section, without consideration,
all right, title, and interest of the United States in and to a retired
National Oceanic and Atmospheric Administration fishery research vessel
in operable condition, for use by American Samoa.
    (b) Limitation.--The Secretary may not convey a vessel under this
section before the date on which a new replacement fishery research
vessel has been delivered to the National Oceanic and Atmospheric
Administration and put in active service.
    (c) Operation and Maintenance.--The Government of the United States
shall not be responsible or liable for any maintenance or operation of
a vessel conveyed under this section after the date of the delivery of
the vessel to American Samoa.

SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO NATIONAL
              MARINE SANCTUARY DESIGNATION STANDARDS.

    (a) Technical Amendment.--Section 303(a) of the National Marine
Sanctuaries Act (16 U.S.C. 1433(a)) is amended by striking ``the
Secretary--'' and all that follows through the end of the sentence and
inserting the following: ``the Secretary determines that--
        ``(1) the designation will fulfill the purposes and policies of
    this title;
        ``(2) the area is of special national significance due to--
            ``(A) its conservation, recreational, ecological,
        historical, scientific, cultural, archaeological, educational,
        or esthetic qualities;
            ``(B) the communities of living marine resources it
        harbors; or
            ``(C) its resource or human-use values;
        ``(3) existing State and Federal authorities are inadequate or
    should be supplemented to ensure coordinated and comprehensive
    conservation and management of the area, including resource
    protection, scientific research, and public education;
        ``(4) designation of the area as a national marine sanctuary
    will facilitate the objectives stated in paragraph (3); and
        ``(5) the area is of a size and nature that will permit
    comprehensive and coordinated conservation and management.''.
    (b) Conforming Amendments.--Such Act is further amended--
        (1) in section 304(a)(1)(C) (as amended by section 6(a) of the
    National Marine Sanctuaries Amendments Act of 2000) by striking
    ``the Secretary shall''; and
        (2) in section 304(a)(2)(E) (as amended by section 6(b) of the
    National Marine Sanctuaries Amendments Act of 2000) by striking
    ``findings'' and inserting ``determinations''.
    (c) Effective Date.--This section shall take effect immediately
after the National Marine Sanctuaries Amendments Act of 2000 takes
effect.

SEC. 206. WESTERN PACIFIC PROJECT GRANTS.

    Section 111(b)(1) of the Sustainable Fisheries Act (16 U.S.C. 155
note) is amended by striking the last sentence and inserting ``There
are authorized to be appropriated to carry out this section $500,000
for each fiscal year.''.

                               Speaker of the House of Representatives.

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

Output:
(Sec. 102) Requires the Secretaries of Commerce and the Interior to: (1) conduct a study to determine if the distribution of year classes in the Atlantic striped bass population is appropriate for maintaining adequate recruitment and sustainable fishing opportunities; and (2) report results to specified congressional committees along with a long-term plan to ensure a balanced and healthy population structure of Atlantic striped bass. Authorizes appropriations.
Subtitle B: Atlantic Coastal Fisheries Cooperative Management
 - Atlantic Coastal Fisheries Act of 2000 - Amends the Atlantic Coastal Fisheries Cooperative Management Act to extend the authorization of appropriations to carry out such Act through FY 2005. Authorizes amounts to be used to support the Atlantic States Marine Fisheries Commission's cooperative statistics program.
Title II: John H. Prescott Marine Mammal Rescue Assistance Grant Program
 - Marine Mammal Rescue Assistance Act of 2000 - Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of Commerce to establish the John H. Prescott Marine Mammal Rescue Assistance Grant Program to provide assistance to eligible stranding network participants for: (1) marine mammal recovery and treatment; (2) data collection from living or dead marine mammals; and (3) facilities operation.
Caps grants at $100,000. Require
s a 25
 percent non-Federal matching amount, which may be in-kind contributions. Authorizes FY 2001 through 2003 appropriations.
(Sec. 203) Requires the Secretary to study environmental and biological factors responsible for the significant increase in mortality events of the eastern gray whale population and other potential impacts these factors may be having on such population. Authorizes appropriations.
(Sec. 204) Authorizes the Secretary to convey a retired National Oceanic and Atmospheric Administration fishery research vessel to the Government of American Samoa.
(Sec. 205) Amends the National Marine Sanctuaries Act to revise sanctuary designation standards.
(Sec. 206) Amends the Sustainable Fisheries Act to authorize appropriations for each fiscal year for grants to carry out Western Pacific fishery demonstration projects to promote traditional indigenous fishing practices.


Input:
SECTION 1. OWNERSHIP.

    (a) Repeal of Ownership Based on Aboriginal Lands.--Paragraph (2)
of section 3(a) of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3002(a)(2)) is amended--
            (1) by inserting ``or'' at the end of subparagraph (A);
            (2) by striking ``; or'' at the end of subparagraph (B) and
        inserting a period; and
            (3) by striking subparagraph (C).
    (b) Inadvertent Discovery.--Subsection (d) of section 3 of the
Native American Graves Protection and Repatriation Act (25 U.S.C. 3002)
is amended--
            (1) in paragraph (1), by inserting ``those'' before
        ``Federal lands''; and
            (2) in paragraph (2), by adding at the end the following
        new sentence: ``Any person or entity that disposes of or
        controls a cultural item referred to in the preceding sentence
        shall comply with the applicable requirements of subsection
        (c).''.
    (c) Recording and Status of Items Excavated or Discovered After
November 16, 1990.--Section 3 of the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3002) is amended by adding at the end
the following new subsection:
    ``(f) Recording and Status of Items Excavated or Discovered After
November 16, 1990.--Cultural items excavated or discovered on Federal
lands after November 16, 1990, except those items whose ownership or
control is established under paragraph (1) or paragraph (2)(A) of
subsection (a)--
            ``(1) shall be reasonably recorded according to generally
        accepted scientific standards;
            ``(2) shall remain under the control of the agency having
        primary management authority for the land on which the cultural
        item was excavated or discovered until 90 days after the
        publication in the Federal Register of a notice setting out a
        general description of the item, its estimated age, and the
        general area of discovery; and
            ``(3) are subject to the study provisions of subsection
        7(b).''.

SEC. 2. LIMITED AUTHORIZATION FOR STUDY.

    The last sentence of section 5(b)(2) of the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3003(b)(2)) is amended by
inserting ``, except as expressly set forth in sections 3(f) and
7(b),'' after ``mean, and''.

SEC. 3. STUDY AND RECORDING.

    Subsection (b) of section 7 of the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3005) is amended to read as
follows:
    ``(b) Study and Recording.--(1) In cases of human remains and
associated funerary objects for which no lineal descendants have been
identified and in cases of all other cultural items:
            ``(A) If the cultural affiliation of a cultural item has
        not been established, studies may be conducted in an attempt to
        establish such an affiliation or to obtain scientific,
        historical, or cultural information. If the cultural
        affiliation of a cultural item is determined pursuant to this
        subparagraph, the Federal agency or museum having custody of
        the cultural item shall, not later than 90 days after such
        determination, notify any culturally affiliated Indian tribe or
        Native Hawaiian organization of their affiliation. Such notice
        shall be given in the manner specified in paragraphs (2) and
        (3) of section 5(d).
            ``(B) If the cultural affiliation of a cultural item has
        been established with an Indian tribe or Native Hawaiian
        organization, studies of such item may be conducted if needed
        for the completion of a specific scientific study, the outcome
        of which is reasonably expected to provide significant new
        information concerning the history or prehistory of the United
        States. If the culturally affiliated tribe or organization
        requests the return of the cultural item, the Federal agency or
        museum shall return such item to the Indian tribe or Native
        Hawaiian organization not later than 90 days after the date on
        which the scientific study is completed. Study of a cultural
        item under this subparagraph shall not be permitted to delay
        return of the item for more than 180 days after the item is
        made available for study, unless a longer period of study is
        agreed upon by the culturally affiliated tribe or organization
        that has requested return of the cultural item.
    ``(2) Not later than 180 days after a study conducted under this
subsection is completed, the Federal agency or museum with custody of
the cultural item shall provide a report of the results of the study to
any Indian tribe or Native Hawaiian organization that has an
established cultural affiliation with the cultural item studied.
    ``(3) If study of a cultural item pursuant to subparagraph (A) or
(B) of paragraph (1) is requested, the Federal agency or museum with
custody of such item shall make such item reasonably available for such
study unless, not later than 90 days after the request for the study is
made, the Secretary determines that the Federal agency or museum has
reasonably established that the potential scientific benefit of the
requested study is outweighed under the circumstances by curatorial,
cultural, or other reasonable considerations.
    ``(4) Nothing in this subsection shall be construed to require any
museum to undertake or permit any study of a cultural item that is
contrary to policies of the museum or to its prior agreements.''.

Output:
Amends the Native American Graves Protection and Repatriation Act to repeal a provision regarding the granting of ownership or control of Native American cultural items which are excavated or discovered on Federal or tribal lands after November 16, 1990, and for which a cultural affiliation is not readily ascertainable.
Directs that such items excavated or discovered on Federal lands: (1) be reasonably recorded according to generally accepted scientific standards; (2) remain under the control of the agency having primary management authority for the land on which the item was excavated or discovered until 90 days after the publication in the Federal Register of a notice setting out a general description of the item, its estimated age, and the general area of discovery; and (3) be subject to the following study provisions.
Revises study and recording provisions to provide that, in cases of human remains and associated funerary objects for which no lineal descendants have been identified and in cases of other cultural items, if the cultural affiliation of a cultural item has: (1) not been established, studies may be conducted in an attempt to establish such an affiliation or to obtain scientific, historical, or cultural information; and (2) been established with an Indian tribe or Native Hawaiian organization, studies of such item may be conducted if needed for the completion of a specific study, the outcome of which is reasonably expected to provide significant new information concerning the history or prehistory of the United States.  Requires the Federal agency or museum with custody of the cultural item to: (1) return an item to the affiliated tribe or organization, upon request, within 90 days after the study is completed; and (2) provide a report of the results to such tribe or organization within 180 days after the study is completed.  Provides that if a study of a specified cultural item is requested, the Federal agency or museum with custody of such item must make such item reasonably available for such study unless, within 90 days after the request for the study is made, the Secretary determines that the agency or museum has reasonably established that the potential scientific benefit of the requested study is outweighed by curatorial, cultural, or other reasonable considerations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transparency and Accountability of
Failed Exchanges Act''.

SEC. 2. STATES AWARDED EXCHANGE ESTABLISHMENT GRANTS THAT TERMINATE
              STATE OPERATION OF SUCH AN EXCHANGE REQUIRED TO PROVIDE
              AUDITS OF THE USE OF GRANT FUNDS AND RETURN FUNDS TO THE
              FEDERAL GOVERNMENT.

    (a) In General.--Section 1311(a) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18031(a)) is amended by adding at the
end the following new paragraph:
            ``(6) Treatment in case of exchange termination.--
                    ``(A) In general.--In the case of a State that is
                awarded a grant under this section to establish an
                Exchange and that terminates the operation of such
                Exchange or otherwise transfers the operation of such
                Exchange to an entity other than such State--
                            ``(i) not later than 30 days after the date
                        of such termination or transfer (or, in the
                        case of such a termination or transfer that
                        occurred before the date of the enactment of
                        this paragraph, not later than 30 days after
                        such date of enactment), the State shall submit
                        to Congress and the Secretary a report
                        containing the results of an audit of how
                        amounts awarded to such State pursuant to such
                        grant were used; and
                            ``(ii) not later than 30 days after the
                        date of such termination or transfer (or, in
                        the case of such a termination or transfer that
                        occurred before the date of the enactment of
                        this paragraph, not later than 30 days after
                        such date of enactment)--
                                    ``(I) in accordance with
                                subparagraph (B), there are rescinded
                                any unobligated amounts awarded to such
                                State pursuant to such grant; and
                                    ``(II) in accordance with
                                subparagraph (C), the State shall
                                provide to the Administrator of General
                                Services any property acquired by such
                                State with amounts awarded to such
                                State pursuant to such grant and shall
                                submit to Congress and the Secretary a
                                record of the provision of such
                                property to the Administrator.
                    ``(B) Retention of funds for deficit reduction.--
                Funds rescinded under subparagraph (A)(ii)(I) shall be
                retained in the general fund of the Treasury for
                Federal budget deficit reduction.
                    ``(C) Treatment of property.--The Administrator of
                General Services may--
                            ``(i) dispose of any property obtained
                        pursuant to subparagraph (A)(ii)(II) through a
                        public auction for cash and for not less than
                        the fair market value of the property, as
                        determined by the Administrator;
                            ``(ii) provide to any Federal agency such
                        property for official use by such agency; or
                            ``(iii) lease or hire such property, and
                        may insure such property.
                    ``(D) Exemption from certain property disposal
                requirements.--Any disposal of property conducted under
                subparagraph (C)(i) shall not be subject to--
                            ``(i) subchapter IV of chapter 5 of
                        subtitle I of title 40, United States Code;
                            ``(ii) sections 550 and 553 of title 40,
                        United States Code;
                            ``(iii) section 501 of the McKinney-Vento
                        Homeless Assistance Act (42 U.S.C. 11411);
                            ``(iv) any other provision of law
                        authorizing the no-cost conveyance of property
                        owned by the Federal Government; or
                            ``(v) any congressional notification
                        requirement other than that in section 545 of
                        title 40, United States Code.
                    ``(E) Income from property.--The Administrator
                shall deposit any income from the disposition, lease,
                or hire of the property obtained pursuant to
                subparagraph (A)(ii)(II) in the general fund of the
                Treasury for Federal budget deficit reduction.''.
    (b) Application of the False Claims Act.--Section 1313(a)(6)(A) of
the Patient Protection and Affordable Care Act (42 U.S.C.
18033(a)(6)(A)) is amended by adding at the end the following:
``Further, except as otherwise provided for expressly under this Act,
the False Claims Act preempts any State enforcement action of alleged
fraud, waste, and abuse of funds issued pursuant to this Act. States
that terminate or transfer their exchange will refer all current and
future matters involving fraud, waste, and abuse of funds issued
pursuant to this Act to the United States Department of Justice. Any
current or future enforcement action shall be removed to or brought in
Federal court. All fines, penalties, damages, or awards, monetary or
otherwise, arising out of any current or future enforcement action,
represent Federal funds that shall be returned to the United States.''.
    (c) Enforcement Action.--The Attorney General may bring an action
before the appropriate district court of the United States to enforce
section 1311(a)(6) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18031(a)(6)).
    (d) Effective Date.--The provisions of this section, including the
amendment made by subsection (a), shall apply with respect to grants
made before, on, or after the date of the enactment of this Act and to
terminations and transfers of Exchanges occurring before, on, or after
such date.

Output: Transparency and Accountability of Failed Exchanges Act This bill amends the Patient Protection and Affordable Care Act (PPACA) to require the Department of Health and Human Services, for certain states awarded a grant to establish a health insurance exchange, to report on how awarded amounts were used and rescind unobligated amounts. This applies to any state that terminates operation of its exchange or transfers operation to another entity. Such a state must provide to the General Services Administration any property acquired through the grant and refer matters involving fraud, waste, and abuse of funds issued pursuant to PPACA to the Department of Justice. Funds rescinded must be retained for federal budget deficit reduction.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secondary Payer Advancement,
Rationalization, and Clarification Act'' or the ``SPARC Act''.

SEC. 2. CLARIFICATION AND RATIONALIZATION OF MEDICARE PRESCRIPTION DRUG
              SECONDARY CLAIMS RESPONSIBILITY.

    (a) In General.--Section 1860D-2(a)(4) of the Social Security Act
(42 U.S.C. 1395w-102(a)(4)) is amended to read as follows:
            ``(4) Secondary payor and recovery rights.--
                    ``(A) In general.--
                            ``(i) Application of secondary payor.--A
                        prescription drug plan shall be secondary payor
                        to any valid and collectible payment from a
                        primary drug plan (as defined in clause (iv))
                        until such time as such primary drug plan pays
                        a final settlement, judgment, or award to an
                        individual enrolled under the prescription drug
                        plan with regard to an injury or illness
                        involved or otherwise terminates its ongoing
                        responsibility for medical payments with
                        respect to the individual.
                            ``(ii) Limitation on parties making
                        prescription drug plans primary.--A primary
                        drug plan (as defined in clause (iv), other
                        than a group health plan or multiemployer or
                        multiple employer plan of, or contributed to
                        by, an employer that has 20 or fewer employees
                        for each working day in each of 20 or more
                        calendar weeks in the calendar year involved or
                        the preceding calendar year), a self-insured
                        plan, a service benefit plan, a managed care
                        organization, a pharmacy benefit manager, or
                        other party that, by statute, contract, or
                        agreement, is legally responsible for payment
                        of a claim for a covered outpatient drug, in
                        enrolling an individual or in making any
                        payments for benefits to the individual or on
                        the individual's behalf, may not take into
                        account that the individual is enrolled under a
                        prescription drug plan under this part or is
                        eligible for or is provided coverage for
                        covered part D drugs under this part.
                            ``(iii) Limitation on secretarial claims
                        through subrogation.--The Secretary shall not
                        assert any claim on behalf or against a
                        prescription drug plan, other than through the
                        recovery from such a plan of amounts paid
                        related to a covered part D drug event that has
                        been repaid to the plan through a subrogation
                        action or otherwise.
                            ``(iv) Primary drug plan defined.--In this
                        paragraph, the term `primary drug plan' means,
                        with respect to benefits for covered part D
                        drugs, a group health plan or large group
                        health plan (other than a group health plan or
                        multiemployer or multiple employer plan of, or
                        contributed to by, an employer that has 20 or
                        fewer employees for each working day in each of
                        20 or more calendar weeks in the calendar year
                        involved or the preceding calendar year), a
                        workers' compensation law or plan, an
                        automobile or liability insurance policy or
                        plan (including a self-insured plan) or no-
                        fault insurance insofar as such a plan, law,
                        policy, or insurance provides such benefits,
                        insofar as, under the provisions of section
                        1862(b)(2), such coverage would be treated as a
                        primary plan if benefits for covered part D
                        drugs were treated as benefits under parts A
                        and B. For purposes of this clause, an entity
                        that engages in a business, trade, or
                        profession shall be deemed to have a self-
                        insured plan if it carries its own risk
                        (whether by a failure to obtain insurance, or
                        otherwise) in whole or in part.
                    ``(B) Waiver.--A prescription drug plan may waive
                (in whole or in part) the provisions of this paragraph
                in the case of an individual claim if the plan
                determines that the waiver is in the best interests of
                the program established under this part.
                    ``(C) Recovery.--A prescription drug plan shall be
                subrogated (to the extent of payment made under this
                part by the plan for any covered part D drug before the
                date the plan received notice pursuant to subparagraph
                (D)) to any right of an individual or any other entity
                to payment, with respect to such covered part D drug,
                under a primary drug plan. A subrogation claim may not
                be asserted pursuant to this subparagraph by a
                prescription drug plan with respect to a payment for a
                covered part D drug after the date that is 3 years
                after the date such plan receives notice of a payment,
                with respect to such covered part D drug, pursuant to
                subparagraph (D). Any such subrogation claim shall be
                the exclusive legal remedy of the PDP sponsor of the
                plan and shall be reduced to take into account the cost
                of procuring the judgment or settlement with respect to
                such claim if an individual's liability, workers'
                compensation, or no-fault claim is disputed. Any costs
                or expense incurred by a prescription drug plan related
                to recoveries pursuant to this subparagraph shall not
                be considered an administrative cost or expense, as
                those terms are used in this part.
                    ``(D) Coordination of benefits information.--Not
                later than 15 days after the date the Secretary
                receives information under paragraph (7) or (8) of
                section 1862(b) relating to an individual enrolled in a
                prescription drug plan during an applicable time, the
                Secretary shall provide such information to such
                prescription drug plan in a format convenient and
                accessible to such plans. The Secretary shall waive any
                requirements under this part that a prescription drug
                plan establish procedures for determining whether costs
                for part D eligible individuals are being reimbursed
                through insurance or otherwise or identify payers that
                are primary to the program under subparagraph (A)(ii)
                other than as required under this paragraph.
                    ``(E) Coordination of benefits.--A prescription
                drug plan shall, in the case of receipt of a notice
                pursuant to subparagraph (D) related to an enrollee for
                whom a primary drug plan has reported on ongoing
                responsibility for medical costs pursuant to paragraph
                (7) or (8) of section 1862(b), authorize the provider
                of such covered part D drug to charge, in accordance
                with the charges allowed under the prescription drug
                plan, such primary drug plan for such covered part D
                drug related to or arising out of the treatment
                accident or injury subject to such notice (other than
                payments subject to a claim under subparagraph (B) or
                (F)) for the period in which the enrollee remains
                enrolled in such plan through the date upon which such
                primary drug plan has terminated such ongoing
                responsibility for medical payments.
                    ``(F) Use of web site to determine final
                reimbursement amount.--
                            ``(i) Notification of plans.--Not later
                        than 10 days after the date the Secretary
                        receives a notice under section
                        1862(b)(2)(B)(vii)(I) relating to an individual
                        during the period the individual is enrolled in
                        a prescription drug plan, the Secretary shall
                        provide such notice to the plan.
                            ``(ii) Statement by plan.--
                                    ``(I) In general.--Not later than
                                30 days after the date a plan receives
                                a notice under clause (i), the plan may
                                provide the Secretary with a statement
                                of any covered part D drug for which
                                the plan seeks reimbursement, including
                                the amount of such reimbursement.
                                    ``(II) Failure to provide
                                statement.--The prescription drug plan
                                shall be deemed to have waived its
                                rights under subparagraph (B)--
                                            ``(aa) in the case that the
                                        prescription drug plan does not
                                        provide such statement by such
                                        date, with respect to any
                                        covered part D drug provided to
                                        such individual with respect to
                                        such notice; and
                                            ``(bb) in the case that the
                                        prescription drug plan provides
                                        such statement by such date,
                                        with respect to any covered
                                        part D drug provided to such
                                        individual which was not
                                        identified in the notice.
                            ``(iii) Inclusion of information on web
                        site.--The Secretary shall include any covered
                        part D drug identified by a prescription drug
                        plan pursuant to clause (ii) within the
                        Secretary's statement of reimbursement amount
                        on the Web site as described in section
                        1862(b)(2)(B)(vii).
                            ``(iv) Collection.--The Secretary may
                        collect (on behalf of a prescription drug plan)
                        the reimbursement amount for covered part D
                        drugs, as identified pursuant to clause (ii),
                        from the individual involved or the primary
                        drug plan pursuant to the procedures set forth
                        under section 1862(b)(2)(B)(vii). Any such
                        amounts collected by the Secretary for covered
                        part D drugs directly paid by the plan shall be
                        remitted directly by the Secretary to the
                        appropriate prescription drug plan that
                        enrolled the individual related to the notice
                        during the applicable time period for which
                        such individual was enrolled, and the Secretary
                        shall retain such amounts as were paid to the
                        plan in subsidy for such drugs.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to drugs dispensed in years beginning more than 6 months after
the date of the enactment of this Act.

Output: Secondary Payer Advancement, Rationalization, and Clarification Act or the SPARC Act This bill specifies recovery rules and timelines with respect to secondary claims responsibility under the Medicare prescription drug benefit. Current law specifies only that secondary payor provisions apply under the benefit in the same manner as they apply with respect to Medicare Advantage plans.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``One Strike You're Out, Part II
Act''.

SEC. 2. SCREENING OF PROSPECTIVE ASSISTED FAMILIES.

    (a) In General.--Section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f) is amended by inserting after subsection (k) the
following new subsection:
    ``(l) Denial of Assistance to Criminal Offenders.--In making
assistance under this section available on behalf of eligible families,
a public housing agency may deny the provision of such assistance in
the same manner, for the same period, and subject to the same
conditions that an owner of federally assisted housing may deny
occupancy in such housing under section 642(b) of the Housing and
Community Development Act of 1992.''.
    (b) Conforming Amendment.--Clause (A) of section 8(d)(1) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)) is amended
to read as follows:
            ``(A) the selection of tenants for such units shall be
        function of the owner, subject to the provisions of the annual
        contributions contract between the Secretary and the public
        housing agency, except that in making such assistance available
        the public housing agency may limit the provision of assistance
        pursuant to subsection (l);''.

SEC. 3. OCCUPANCY SCREENING.

    Section 642 of the Housing and Community Development Act of 1992
(42 U.S.C. 13602)--
            (1) by inserting ``(a) General Criteria.--'' before ``In'';
        and
            (2) by adding at the end the following new subsections:
    ``(b) Authority to Deny Occupancy for Criminal Offenders.--In
selecting tenants for occupancy of dwelling units in federally assisted
housing, if the owner of such housing determines that an applicant for
occupancy in the housing or any member of the applicant's household is
or was, during the preceding 3 years, engaged in any activity described
in paragraph (2)(C) of section 645, the owner may--
            ``(1) deny such applicant occupancy and consider the
        applicant (for purposes of any waiting list) as not having
        applied for such occupancy ; and
            ``(2) after the expiration of the 3-year period beginning
        upon such activity, require the applicant, as a condition of
        occupancy in the housing or application for occupancy in the
        housing, to submit to the owner evidence sufficient (as the
        Secretary shall by regulation provide) to ensure that the
        individual or individuals in the applicant's household who
        engaged in criminal activity for which denial was made under
        paragraph (1) have not engaged in any criminal activity during
        such 3-year period.
    ``(c) Authority to Require Access to Criminal Records.--An owner of
federally assisted housing may require, as a condition of providing
occupancy in a dwelling unit in such housing to an applicant for
occupancy and the members of the applicant's household, that each adult
member of the household provide the owner with a signed, written
authorization for the owner to obtain records described in section
646(a) regarding such member of the household from the National Crime
Information Center, police departments, and other law enforcement
agencies.''.

SEC. 4. TERMINATION OF TENANCY.

    (a) Public Housing.--
            (1) Expedited grievance procedure.--Section 6(k) of the
        United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is
        amended in the first sentence of the matter following paragraph
        (6) by striking ``For'' and all that follows through ``off such
        premises'' and inserting the following: ``For any grievance
        concerning an eviction or termination of tenancy that involves
        any activity that is described in subsection (l)(5)''.
            (2) Leases.--Section 6(l) of the United States Housing Act
        of 1937 (42 U.S.C. 1437d(l)) is amended by striking paragraphs
        (4) and (5) and inserting the following new paragraphs:
            ``(4) require that the public housing agency may not
        terminate the tenancy except for violation of the terms and
        conditions of the lease, violation of applicable Federal,
        State, or local law, or other good cause;
            ``(5) provide that any activity, engaged in by the tenant,
        any member of the tenant's household, or any guest or other
        person under the tenant's control (regardless of whether the
        tenant had actual knowledge of such activity), that--
                    ``(A) threatens the health or safety of, or right
                to peaceful enjoyment of the premises by, other tenants
                or employees of the public housing agency or other
                manager of the housing,
                    ``(B) threatens the health or safety of, or right
                to peaceful enjoyment of their residences by, persons
                residing in the immediate vicinity of the premises, or
                    ``(C) is criminal activity (including drug-related
                criminal activity) on or off the premises,
            shall be cause for termination of tenancy; and''.
    (b) Section 8 Assistance.--Section 8(d)(1)(B) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)) is amended by striking
clauses (ii) and (iii) and inserting the following new clauses:
            ``(ii) the owner may not terminate the tenancy except for
        violation of the terms and conditions of the lease, violation
        of applicable Federal, State, or local law, or other good
        cause;
            ``(iii) any activity, engaged in by the tenant, any member
        of the tenant's household, or any guest or other person under
        the tenant's control (regardless of whether the tenant had
        actual knowledge of such activity), that--
                    ``(I) threatens the health or safety of, or right
                to peaceful enjoyment of the premises by, other tenants
                or employees of the owner or other manager of the
                housing,
                    ``(II) threatens the health or safety of, or right
                to peaceful enjoyment of their residences by, persons
                residing in the immediate vicinity of the premises, or
                    ``(III) is criminal activity (including drug-
                related criminal activity) on or off the premises,
        shall be cause for termination of tenancy; and''.
    (c) Federally Assisted Housing.--Subtitle C of title VI of the
Housing and Community Development Act of 1992 (42 U.S.C. 13601 et seq.)
is amended--
            (1) by adding at the end the following new section:

``SEC. 645. TERMINATION OF TENANCY.

    ``Each lease for a dwelling unit in federally assisted housing
shall provide that--
            ``(1) the owner may not terminate the tenancy except for
        violation of the terms and conditions of the lease, violation
        of applicable Federal, State, or local law, or other good
        cause; and
            ``(2) any activity, engaged in by the tenant, any member of
        the tenant's household, or any guest or other person under the
        tenant's control (regardless of whether the tenant had actual
        knowledge of such activity), that--
                    ``(A) threatens the health or safety of, or right
                to peaceful enjoyment of the premises by, other tenants
                or employees of the owner or other manager of the
                housing,
                    ``(B) threatens the health or safety of, or right
                to peaceful enjoyment of their residences by, persons
                residing in the immediate vicinity of the premises, or
                    ``(C) is criminal activity (including drug-related
                criminal activity) on or off the premises,
        shall be cause for termination of tenancy.''; and
            (2) in section 683 (42 U.S.C. 13641), by adding at the end
        the following new paragraph:
            ``(6) Drug-related criminal activity.--The term `drug-
        related criminal activity' means the illegal manufacture, sale,
        distribution, use, or possession with intent to manufacture,
        sell, distribute, or use, of a controlled substance (as defined
        in section 102 of the Controlled Substances Act).''.

SEC. 6. AVAILABILITY OF CRIMINAL RECORDS FOR TENANT SCREENING AND
              EVICTION.

    Subtitle C of title VI of the Housing and Community Development Act
of 1992 (42 U.S.C. 13601 et seq.) is amended adding after section 645
(as added by section 5(c) of this Act) the following new section:

``SEC. 646. AVAILABILITY OF RECORDS.

    ``(a) In General.--
            ``(1) Provision of information.--Notwithstanding any other
        provision of law other than paragraph (2), upon the request of
        an owner of federally assisted housing, the National Crime
        Information Center, a police department, and any other law
        enforcement agency shall provide to the owner of federally
        assisted housing information regarding the criminal conviction
        records of an adult applicant for, or tenants of, the federally
        assisted housing for purposes of applicant screening, lease
        enforcement, and eviction, but only if such Center, department,
        or agency is presented with a written authorization, signed by
        such applicant, for the release of such information to such
        owner.
            ``(2) Exception.--A law enforcement agency described in
        paragraph (1) shall provide information under this paragraph
        relating to any criminal conviction of a juvenile only to the
        extent that the release of such information is authorized under
        the law of the applicable State, tribe, or locality.
    ``(b) Opportunity to Dispute.--Before an adverse action is taken
with regard to assistance for federally assisted housing on the basis
of a criminal record, the public housing agency or owner, as
applicable, shall provide the tenant or applicant with a copy of the
criminal record and an opportunity to dispute the accuracy and
relevance of that record.
    ``(c) Fee.--A public housing agency or owner of federally assisted
housing may be charged a reasonable fee for information provided under
subsection (a).
    ``(d) Records Management.--Each public housing agency and owner of
federally assisted housing that receives criminal record information
under this section shall establish and implement a system of records
management that ensures that any criminal record received by the agency
or owner is--
            ``(1) maintained confidentially;
            ``(2) not misused or improperly disseminated; and
            ``(3) destroyed, once the purpose for which the record was
        requested has been accomplished.
    ``(e) Definition.--For purposes of this section, the term `adult'
means a person who is 18 years of age or older, or who has been
convicted of a crime as an adult under any Federal, State, or tribal
law.''.

Output:
One Strike You're Out, Part II Act - Amends the United States Housing Act of 1937 with regard to section 8 housing, and the Housing and Community Development Act of 1992 with regard to federally assisted housing, to authorize denial of occupancy assistance or occupancy to criminal offender-applicants.
Amends such Acts to provide for termination of tenancy for criminal activity or activity that threatens the safety or peaceful enjoyment of others.
Amends the Housing and Community Development Act of 1992 to make adult (and juvenile if permitted by State, local, or tribal authority) applicant and tenant criminal records available to owners of federally assisted housing under specified circumstances.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transnational Criminal Organization
Illicit Spotter Prevention and Elimination Act''.

SEC. 2. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.

    (a) Enhanced Penalties.--
            (1) In general.--Chapter 9 of title II of the Immigration
        and Nationality Act (8 U.S.C. 1351 et seq.) is amended by
        adding at the end the following:

``SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS
              CONTROLS.

    ``(a) Illicit Spotting.--Any person who knowingly transmits, by any
means, to another person the location, movement, or activities of any
Federal, State, local, or tribal law enforcement agency with the intent
to further a Federal crime relating to United States immigration,
customs, controlled substances, agriculture, monetary instruments, or
other border controls shall be fined under title 18, United States
Code, imprisoned not more than 10 years, or both.
    ``(b) Destruction of United States Border Controls.--Any person who
knowingly and without lawful authorization destroys, alters, or damages
any fence, barrier, sensor, camera, or other physical or electronic
device deployed by the Federal Government to control the border or a
port of entry or otherwise seeks to construct, excavate, or make any
structure intended to defeat, circumvent, or evade any such fence,
barrier, sensor camera, or other physical or electronic device deployed
by the Federal Government to control the border or a port of entry--
            ``(1) shall be fined under title 18, United States Code,
        imprisoned not more than 10 years, or both; and
            ``(2) if, at the time of the offense, the person uses or
        carries a firearm or who, in furtherance of any such crime,
        possesses a firearm, that person shall be fined under such
        title 18, imprisoned not more than 20 years, or both.
    ``(c) Conspiracy and Attempt.--Any person who attempts or conspires
to violate subsection (a) or (b) shall be punished in the same manner
as a person who completes a violation of such subsection.''.
            (2) Clerical amendment.--The table of contents in the first
        section of the Immigration and Nationality Act is amended by
        inserting after the item relating to section 294 the following:

``Sec. 295. Unlawfully hindering immigration, border, and customs
                            controls.''.
    (b) Prohibiting Carrying or Use of a Firearm During and in Relation
to an Alien Smuggling Crime.--Section 924(c) of title 18, United States
Code, is amended--
            (1) by striking ``For purposes of this subsection,'' each
        place such phrase appears;
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by inserting ``, alien
                smuggling crime,'' after ``crime of violence'' each
                place that term appears; and
                    (B) in subparagraph (D)(ii), by inserting ``, alien
                smuggling crime,'' after ``crime of violence'';
            (3) in paragraph (3), by redesignating subparagraphs (A)
        and (B) as clauses (i) and (ii), respectively, and adjusting
        the margin accordingly;
            (4) by redesignating paragraphs (2), (3), and (4) as
        subparagraphs (D), (C), and (B), respectively, and adjusting
        the margin accordingly;
            (5) by transferring subparagraph (B), as redesignated, to
        appear before subparagraph (C), as redesignated;
            (6) by transferring subparagraph (D), as redesignated, to
        appear after subparagraph (C), as redesignated;
            (7) by redesignating paragraph (5) as paragraph (2) and
        transferring the redesignated paragraph to appear after
        paragraph (1);
            (8) by inserting after paragraph (2), as redesignated and
        transferred, the following:
    ``(3) As used in this subsection--
            ``(A) the term `alien smuggling crime' means any felony
        punishable under section 274(a), 277, or 278 of the Immigration
        and Nationality Act (8 U.S.C. 1324(a), 1327, and 1328);''; and
            (9) in paragraph (3), as redesignated--
                    (A) in subparagraph (B), as redesignated, by
                striking the period at the end and inserting a
                semicolon; and
                    (B) in subparagraph (C)(ii), as redesignated, by
                striking the period at the end and inserting ``; and''.
    (c) Conforming Amendments.--
            (1) Bankruptcy code.--Section 707(c)(1)(B) of title 11,
        United States Code, is amended by striking ``section
        924(c)(2)'' and inserting ``section 924(c)(3)(D)'';
            (2) Criminal code.--Title 18, United States Code, is
        amended--
                    (A) in section 844(o)--
                            (i) by striking ``section 924(c)(3)'' and
                        inserting ``section 924(c)(3)(C)''; and
                            (ii) by striking ``section 924(c)(2)'' and
                        inserting ``section 924(c)(3)(D)'';
                    (B) in section 1028(b)(3)(B), by striking ``section
                924(c)(3)'' and inserting ``section 924(c)(3)(C)''; and
                    (C) in section 4042(b)(3)--
                            (i) in subparagraph (A), by striking
                        ``section 924(c)(2)'' and inserting ``section
                        924(c)(3)(D)''; and
                            (ii) in subparagraph (B), by striking
                        ``section 924(c)(3)'' and inserting ``section
                        924(c)(3)(C)''.
            (3) Prisons.--Section 3(1) of the Interstate Transportation
        of Dangerous Criminals Act of 2000 (42 U.S.C. 13726a(1)) is
        amended by striking ``section 924(c)(3)'' and inserting
        ``section 924(c)(3)(C)''.
    (d) Statute of Limitations.--Section 3298 of title 18, United
States Code, is amended--
            (1) by inserting ``or 295'' after ``274(a)''; and
            (2) by inserting ``(8 U.S.C. 1324(a) and 1363b)'' after
        ``Immigration and Nationality Act''.

Output: Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act This bill amends the Immigration and Nationality Act to prohibit: (1) transmitting to another person the location, movement, or activities of law enforcement agents while intending to further a federal crime relating to U.S. immigration; (2) destroying, altering, or damaging any physical or electronic device used by the federal government to control the border or any port of entry; or (3) carrying or using a firearm in an alien smuggling crime.


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Medicare Safety
Net Access Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Supplemental reimbursement for Federally qualified health
                            centers participating in medicare managed
                            care.
Sec. 3. Revision of Federally qualified health center payment limits.
Sec. 4. Coverage of additional Federally qualified health center
                            services.
Sec. 5. Providing safe harbor for certain collaborative efforts that
                            benefit medically underserved populations.

SEC. 2. SUPPLEMENTAL REIMBURSEMENT FOR FEDERALLY QUALIFIED HEALTH
              CENTERS PARTICIPATING IN MEDICARE MANAGED CARE.

    (a) Supplemental Reimbursement.--
            (1) In general.--Section 1833(a)(3) of the Social Security
        Act (42 U.S.C. 1395l(a)(3)) is amended to read as follows:
            ``(3) in the case of services described in section
        1832(a)(2)(D)--
                    ``(A) except as provided in subparagraph (B), the
                costs which are reasonable and related to the cost of
                furnishing such services or which are based on such
                other tests of reasonableness as the Secretary may
                prescribe in regulations, including those authorized
                under section 1861(v)(1)(A), less the amount a provider
                may charge as described in clause (ii) of section
                1866(a)(2)(A), but in no case may the payment for such
                services (other than for items and services described
                in section 1861(s)(10)(A)) exceed 80 percent of such
                costs; or
                    ``(B) with respect to the services described in
                clause (ii) of section 1832(a)(2)(D) that are furnished
                to an individual enrolled with a Medicare+Choice
                organization under part C pursuant to a written
                agreement described in section 1853(j), the amount by
                which--
                            ``(i) the amount of payment that would have
                        otherwise been provided under subparagraph (A)
                        (calculated as if `100 percent' were
                        substituted for `80 percent' in such
                        subparagraph) for such services if the
                        individual had not been so enrolled; exceeds
                            ``(ii) the amount of the payments received
                        under such written agreement for such services
                        (not including any financial incentives
                        provided for in such agreement such as risk
                        pool payments, bonuses, or withholds),
                less the amount the Federally qualified health center
                may charge as described in section 1857(e)(3)(C);''.
    (b) Continuation of Medicare+Choice Monthly Payments.--
            (1) In general.--Section 1853 of the Social Security Act
        (42 U.S.C. 1395w-23) is amended by adding at the end the
        following new subsection:
    ``(j) Special Payment Rule for Federally Qualified Health Center
Services.--If an individual who is enrolled with a Medicare+Choice
organization under this part receives a service from a Federally
qualified health center that has a written agreement with such
organization for providing such a service (including any agreement
required under section 1857(e)(3))--
            ``(1) the Secretary shall pay the amount determined under
        section 1833(a)(3)(B) directly to the Federally qualified
        health center not less frequently than quarterly; and
            ``(2) the Secretary shall not reduce the amount of the
        monthly payments to the Medicare+Choice organization made under
        section 1853(a) as a result of the application of paragraph
        (1).''.
            (2) Conforming amendments.--
                    (A) Paragraphs (1) and (2) of section 1851(i) of
                the Social Security Act (42 U.S.C. 1395w-21(i)(1)) are
                each amended by inserting ``1853(j),'' after
                ``1853(h),''.
                    (B) Section 1853(c)(5) is amended by striking
                ``subsections (a)(3)(C)(iii) and (i)'' and inserting
                ``subsections (a)(3)(C)(iii), (i), and (j)(1)''.
    (c) Additional Medicare+Choice Contract Requirements.--Section
1857(e) of the Social Security Act (42 U.S.C. 1395w-27(e)) is amended
by adding at the end the following new paragraph:
            ``(3) Agreements with federally qualified health centers.--
                    ``(A) Ensuring equal access to services of fqhcs.--
                A contract under this part shall require the
                Medicare+Choice organization to enter into (and to
                demonstrate to the Secretary that it has entered into)
                a sufficient number of written agreements with
                Federally qualified health centers providing Federally
                qualified health center services for which payment may
                be made under this title in the service area of each
                Medicare+Choice plan offered by such organization so
                that such services are reasonably available to
                individuals enrolled in the plan.
                    ``(B) Ensuring equal payment levels and amounts.--A
                contract under this part shall require the
                Medicare+Choice organization to provide a level and
                amount of payment to each Federally qualified health
                center for services provided by such health center that
                are covered under the written agreement described in
                subparagraph (A) that is not less than the level and
                amount of payment that the organization would make for
                such services if the services had been furnished by a
                provider of services that was not a Federally qualified
                health center.
                    ``(C) Cost-sharing.--Under the written agreement
                described in subparagraph (A), a Federally qualified
                health center must accept the Medicare+Choice contract
                price plus the Federal payment as payment in full for
                services covered by the contract, except that such a
                health center may collect any amount of cost-sharing
                permitted under the contract under this part, so long
                as the amounts of any deductible, coinsurance, or
                copayment comply with the requirements under section
                1854(e) and do not result in a total payment to the
                center in excess of the amount determined under section
                1833(a)(3)(A) (calculated as if `100 percent' were
                substituted for `80 percent' in such section).''.
    (d) Safe Harbor From Antikickback Prohibition.--Section 1128B(b)(3)
of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended--
            (1) in subparagraph (E), by striking ``and'' after the
        semicolon at the end;
            (2) in subparagraph (F), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(G) any remuneration between a Federally
                qualified health center (or an entity controlled by
                such a health center) and a Medicare+Choice
                organization pursuant to the written agreement
                described in section 1853(j).''.
    (e) Effective Date.--The amendments made by this section shall
apply to services provided on or after January 1, 2003, and contract
years beginning on or after such date.

SEC. 3. REVISION OF FEDERALLY QUALIFIED HEALTH CENTER PAYMENT LIMITS.

    (a) Per Visit Payment Requirements for FQHCs.--Section
1833(a)(3)(A) of the Social Security Act (42 U.S.C. 1395l(a)(3)(A)), as
amended by section 2(a), is amended by adding ``(which regulations may
not limit the per visit payment amount, or a component of such amount,
for services described in section 1832(a)(2)(D)(ii))'' after ``the
Secretary may prescribe in regulations''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to services provided on or after January 1, 2003.

SEC. 4. COVERAGE OF ADDITIONAL FEDERALLY QUALIFIED HEALTH CENTER
              SERVICES.

    (a) Coverage for FQHC Ambulatory Services.--Section 1861(aa)(3) of
the Social Security Act (42 U.S.C. 1395x(aa)(3)) is amended to read as
follows:
    ``(3) The term `Federally qualified health center services' means--
            ``(A) services of the type described in subparagraphs (A)
        through (C) of paragraph (1), and such other services furnished
        by a Federally qualified health center for which payment may
        otherwise be made under this title if such services were
        furnished by a health care provider or health care professional
        other than a Federally qualified health center; and
            ``(B) preventive primary health services that a center is
        required to provide under section 330 of the Public Health
        Service Act,
when furnished to an individual as a patient of a Federally qualified
health center.''.
    (b) Offsite FQHC Services.--
            (1) Patients of hospitals and critical access hospitals.--
        Section 1862(a)(14) of the Social Security Act (42 U.S.C.
        1395y(a)) is amended by inserting ``Federally qualified health
        center services,'' after ``qualified psychologist services,''.
            (2) Exclusion of federally qualified health center services
        from the pps for skilled nursing facilities.--Section 1888(e)
        of the Social Security Act (42 U.S.C. 1395yy(e)) is amended--
                    (A) in paragraph (2)(A)(i)(II), by striking
                ``clauses (ii) and (iii)'' and inserting ``clauses (ii)
                through (iv)''; and
                    (B) by adding at the end of paragraph (2)(A) the
                following new clause:
                            ``(iv) Exclusion of federally qualified
                        health center services.--Services described in
                        this clause are Federally qualified health
                        center services (as defined in section
                        1861(aa)(3)).''.
    (c) Technical Corrections.--
            (1) Section 1861(aa)(1)(B) of the Social Security Act (42
        U.S.C. 1395x(aa)(1)(B)) is amended by striking ``subsection
        (hh)(1)),,'' and inserting ``subsection (hh)(1)),''.
            (2) Clauses (i) and (ii)(II) of section 1861(aa)(4)(A) of
        the Social Security Act (42 U.S.C. 1395x(aa)(4)(A)) are each
        amended by striking ``(other than subsection (h))''.
    (d) Effective Dates.--The amendments made--
            (1) by subsections (a) and (b) shall apply to services
        furnished on or after January 1, 2003; and
            (2) by subsection (c) shall take effect on the date of
        enactment of this Act.

SEC. 5. PROVIDING SAFE HARBOR FOR CERTAIN COLLABORATIVE EFFORTS THAT
              BENEFIT MEDICALLY UNDERSERVED POPULATIONS.

    (a) In General.--Section 1128B(b)(3) of the Social Security Act (42
U.S.C. 1320a-7(b)(3)), as amended by section 2(d), is amended--
            (1) in subparagraph (F), by striking ``and'' after the
        semicolon at the end;
            (2) in subparagraph (G), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(H) any remuneration between a public or
                nonprofit private health center entity described under
                clauses (i) and (ii) of section 1905(l)(2)(B) and any
                individual or entity providing goods, items, services,
                donations or loans, or a combination thereof, to such
                health center entity pursuant to a contract, lease,
                grant, loan, or other agreement, if such agreement
                produces a community benefit that will be used by the
                health center entity to maintain or increase the
                availability or accessibility, or enhance the quality,
                of services provided to a medically underserved
                population served by the health center entity.''.
    (b) Rulemaking for Exception for Health Center Entity
Arrangements.--
            (1) Establishment.--
                    (A) In general.--The Secretary of Health and Human
                Services (in this subsection referred to as the
                ``Secretary'') shall establish, on an expedited basis,
                standards relating to the exception for health center
                entity arrangements to the antikickback penalties
                described in section 1128B(b)(3)(F) of the Social
                Security Act, as added by subsection (a).
                    (B) Factors to consider.--In establishing standards
                relating to the exception for health center entity
                arrangements under subparagraph (A), the Secretary--
                            (i) shall extend the exception where the
                        arrangement between the health center entity
                        and the other party--
                                    (I) results in savings of Federal
                                grant funds or increased revenues to
                                the health center entity;
                                    (II) does not limit or restrict a
                                patient's freedom of choice; and
                                    (III) does not interfere with a
                                health care professional's independent
                                medical judgment regarding medically
                                appropriate treatment; and
                            (ii) may include other standards and
                        criteria that are consistent with the intent of
                        Congress in enacting the exception established
                        under this subsection.
            (2) Interim final effect.--No later than 60 days after the
        date of enactment of this Act, the Secretary shall publish a
        rule in the Federal Register consistent with the factors under
        paragraph (1)(B). Such rule shall be effective and final
        immediately on an interim basis, subject to change and revision
        after public notice and opportunity (for a period of not more
        than 60 days) for public comment, provided that any change or
        revision shall be consistent with this subsection.

Output: Medicare Safety Net Access Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise the payment for certain Federally qualified health center (FQHC) services furnished to an individual enrolled with a Medicare+Choice organization under Medicare part C (Medicare+Choice), allowing for supplemental reimbursement, among other changes.Amends Medicare+Choice to add additional Medicare+Choice contract requirements.Amends SSA title XI with respect to criminal penalties for acts involving Federal health care programs, particularly illegal remunerations (kickbacks). Exempts from the prohibition against such remunerations any remuneration: (1) between a FQHC (or an entity controlled by such a health center) and a Medicare+Choice organization pursuant to a specified written agreement; and (2) between a certain kind of public or nonprofit private health center entity and any individual or entity providing goods, items, services, donations, loans, or a combination, to such health center entity pursuant to an agreement, if such agreement produces a community benefit that will be used by the health center entity to maintain or increase the availability or accessibility, or enhance the quality, of services provided to a medically underserved population served by the health center entity.Amends Medicare to provide for coverage of additional FQHC services.Directs the Secretary of Health and Human Services to establish standards relating to the exception for health center entity arrangements to specified anti-kickback penalties.