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SECTION 1. SHORT TITLE.

This Act may be cited as the ''American Fisheries Advisory
Committee Act''.

SEC. 2. AMERICAN FISHERIES ADVISORY COMMITTEE.

(a) Establishment.--Section 2 of the Act of August 11, 1939 (15
U.S.C. 713c-3), is amended by adding at the end the following:
''(f) American Fisheries Advisory Committee.--
''(1) Definitions.--In this subsection:
''(A) Committee.--The term 'Committee' means the
American Fisheries Advisory Committee established under
paragraph (2).
''(B) Marketing and promotion.--The term 'marketing
and promotion' means an activity aimed at encouraging
the consumption of seafood or expanding or maintaining
commercial markets for seafood.
''(C) Processor.--The term 'processor' means any
person in the business of preparing or packaging
seafood (including seafood of the processor's own
harvesting) for sale.
''(D) Seafood.--The term 'seafood' means farm-
raised and wild-caught fish or shellfish harvested in
the United States or by a United States flagged vessel
for human consumption.
''(E) Seafood industry.--The term 'seafood
industry' means harvesters, marketers, growers,
processors, and persons providing them with goods and
services.
''(2) Establishment.--Not later than 90 days after the date
of the enactment of the American Fisheries Advisory Committee
Act, the Secretary shall establish five regions within the
American Fisheries Advisory Committee as follows:
''(A) Region 1 shall consist of Alaska, Hawaii, the
Commonwealth of the Northern Mariana Islands, and the
territories of Guam and American Samoa.
''(B) Region 2 shall consist of Maine, New
Hampshire, Massachusetts, Rhode Island, Connecticut,
New York, Michigan, Minnesota, Wisconsin, Illinois,
Indiana, Ohio, and Pennsylvania.
''(C) Region 3 shall consist of Texas, Alabama,
Louisiana, Mississippi, Florida, Puerto Rico, and the
territory of the Virgin Islands.
''(D) Region 4 shall consist of California,
Washington, Oregon, and Idaho.
''(E) Region 5 shall consist of New Jersey,
Delaware, Maryland, Virginia, North Carolina, South
Carolina, and Georgia.
''(3) Membership.--The Committee shall be composed of the
following members:
''(A) Regional representation.--Each of the regions
listed in subparagraphs (A) through (E) of paragraph
(2) shall be represented on the Committee by two
members--
''(i) who are appointed by the Secretary;
''(ii) who reside in a State or territory
in the region that the member will represent;
''(iii) of which--
''(I) one shall have experience as
a seafood harvester; and
''(II) one shall have experience as
a processor; and
''(iv) that are selected so that the
members of the Committee have experience or
expertise with as many seafood species as
practicable.
''(B) At-large members.--The Secretary shall
appoint to the Committee at-large members to ensure
that the Committee fairly reflects the expertise and
interest of the seafood industry located in each
region, as follows:
''(i) One individual with experience in
mass market food distribution.
''(ii) One individual with experience in
mass market food retail or food service.
''(iii) One individual with experience in
the marketing of seafood.
''(iv) One individual with experience in
growing seafood.
''(v) One individual who is an employee of
the National Marine Fisheries Service with
expertise in fisheries research.
''(4) Member terms.--The term for a member of the Committee
shall be three years, except that the Secretary shall designate
staggered terms for the members initially appointed to the
Committee.
''(5) Responsibilities.--The Committee shall be responsible
for--
''(A) identifying needs of the seafood industry
that may be addressed by a project funded with a grant
under subsection (c);
''(B) developing the request for proposals for such
grants;
''(C) reviewing applications for such grants; and
''(D) selecting applications for approval under
subsection (c)(2)(B).
''(6) Chair.--The Committee shall elect a chair by a
majority of those voting, if a quorum is present.
''(7) Quorum.--A simple majority of members of the
Committee shall constitute a quorum, but a lesser number may
hold hearings.
''(8) Meetings.--
''(A) Frequency.--The Committee shall meet not more
than two times each year.
''(B) Location.--The meetings of the Committee
shall rotate between the geographic regions described
under paragraph (2).
''(C) Federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Committee.
''(9) Staff.--The Committee may employ staff as necessary
without regard to the provisions of title 5, United States
Code.
''(10) Per diem and expenses and funding.--
''(A) In general.--A member of the Committee shall
serve without compensation, but shall be reimbursed in
accordance with section 5703 of title 5, United States
Code, for reasonable travel costs and expenses incurred
in performing duties as a member of the Committee.
''(B) Funding.--The reimbursements made under
subparagraph (A) shall be paid with the funds made
available for grants under subsection (c).
''(11) Conflict of interest.--The conflict of interest and
recusal provisions set out in section 302(j) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1852(j)) shall apply to any decision by the Committee and to
all members of the Committee as if each member of the Committee
is an affected individual within the meaning of such section
302(j), except that in addition to the disclosure requirements
of section 302(j)(2)(C) of such Act (16 U.S.C. 1852(j)(2)(C)),
each member of the Committee shall disclose any financial
interest or relationship in an organization or with an
individual that is applying for a grant under subsection (c)
held by the member of the Committee, including an interest as
an officer, director, trustee, partner, employee, contractor,
agent, or other representative.''.
(b) Role in Approval of Grants.--Section 2(c)(3) of the Act of
August 11, 1939 (15 U.S.C. 713c-3(c)(3)), is amended to read as
follows:
''(3) No application for a grant under this subsection may be
approved unless--
''(A) the Secretary is satisfied that the applicant has the
requisite technical and financial capability to carry out the
project; and
''(B) the application is selected for funding by the
American Fisheries Advisory Committee under subsection (f).''.
American Fisheries Advisory Committee Act This bill amends the Saltonstall-Kennedy Act to direct the National Oceanic and Atmospheric Administration (NOAA)to establish the American Fisheries Advisory Committee. NOAA must establish five regions within the committee.The committee must consist of members chosen regionally and across all sectors of the fishing industry.Additionally, the committee must: (1)identify the needs of the fishing industry, (2)develop grant proposals to fund projects that address the industry needs, (3)review grant applications, and (4)provide NOAA with grant applicants for approval. NOAA must not approve a grant application unless the application is selected for funding by the committee.

SECTION 1. PHYSICAL EDUCATION FOR PROGRESS.

Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et seq.) is amended by adding at the end the following:

''PART L--PHYSICAL EDUCATION FOR PROGRESS

''SEC. 10999A. SHORT TITLE.

''This part may be cited as the 'Physical Education for Progress
Act'.

''SEC. 10999B. PURPOSE.

''The purpose of this part is to award grants and contracts to
local educational agencies to enable the local educational agencies to
initiate, expand, and improve physical education programs for all
kindergarten through 12th grade students.

''SEC. 10999C. FINDINGS.

''Congress makes the following findings:
''(1) Physical education is essential to the development of
growing children.
''(2) Physical education helps improve the overall health
of children by improving their cardiovascular endurance,
muscular strength and power, and flexibility, and by enhancing
weight regulation, bone development, posture, skillful moving,
active lifestyle habits, and constructive use of leisure time.
''(3) Physical education helps improve the self esteem,
interpersonal relationships, responsible behavior, and
independence of children.
''(4) Children who participate in high quality daily
physical education programs tend to be more healthy and
physically fit.
''(5) The percentage of young people who are overweight has
more than doubled in the 30 years preceding 1999.
''(6) Low levels of activity contribute to the high
prevalence of obesity among children in the United States.
''(7) Obesity related diseases cost the United States
economy more than $100,000,000,000 every year.
''(8) Inactivity and poor diet cause at least 300,000
deaths a year in the United States.
''(9) Physically fit adults have significantly reduced risk
factors for heart attacks and stroke.
''(10) Children are not as active as they should be and
fewer than 1 in 4 children get 20 minutes of vigorous activity
every day of the week.
''(11) The Surgeon General's 1996 Report on Physical
Activity and Health, and the Centers for Disease Control and
Prevention, recommend daily physical education for all students
in kindergarten through grade 12.
''(12) Twelve years after Congress passed House Concurrent
Resolution 97, 100th Congress, agreed to December 11, 1987,
encouraging State and local governments and local educational
agencies to provide high quality daily physical education
programs for all children in kindergarten through grade 12,
little progress has been made.
''(13) Every student in our Nation's schools, from
kindergarten through grade 12, should have the opportunity to
participate in quality physical education. It is the unique
role of quality physical education programs to develop the
health-related fitness, physical competence, and cognitive
understanding about physical activity for all students so that
the students can adopt healthy and physically active
lifestyles.
''(14) Every student in our Nation's schools should have
the opportunity to achieve the goals established by Healthy
People 2000 and Healthy People 2010.

''SEC. 10999D. PROGRAM AUTHORIZED.

''The Secretary is authorized to award grants to, and enter into
contracts with, local educational agencies to pay the Federal share of
the costs of initiating, expanding, and improving physical education
programs for kindergarten through grade 12 students by--
''(1) providing equipment and support to enable students to
actively participate in physical education activities;
''(2) developing or enhancing physical education curricula
to meet national goals for physical education developed by the
Secretary in consultation with the National Association for
Sport and Physical Education; and
''(3) providing funds for staff and teacher training and
education.

''SEC. 10999E. APPLICATIONS; PROGRAM REQUIREMENTS.

''(a) Applications.--Each local educational agency desiring a grant
or contract under this part shall submit to the Secretary an
application that contains a plan to initiate, expand, or improve
physical education programs in the schools served by the agency in
order to make progress toward meeting--
''(1) the goals described in subsection (b); or
''(2) State standards for physical education.
''(b) Goals.--The goals referred to in subsection (a) are as
follows:
''(1) Physical education programs shall facilitate
achievement of the national goals for physical education
described in section 10999D(2), and the curriculum of the
programs may provide--
''(A) fitness education and assessment to help
children understand, improve, or maintain their
physical well-being;
''(B) instruction in a variety of motor skills and
physical activities designed to enhance the physical,
mental, and social or emotional development of every
child;
''(C) development of cognitive concepts about motor
skill and physical fitness that support a lifelong
healthy lifestyle;
''(D) opportunities to develop positive social and
cooperative skills through physical activity
participation; and
''(E) instruction in healthy eating habits and good
nutrition.
''(2) Teachers of physical education shall be afforded the
opportunity for professional development to stay abreast of the
latest research, issues, and trends in the field of physical
education.
''(c) Special Rule.--For the purpose of this part, extracurricular
activities such as team sports and Reserve Officers' Training Corps
(ROTC) program activities shall not be considered as part of the
curriculum of a physical education program assisted under this part.

''SEC. 10999F. PROPORTIONALITY.

''The Secretary shall ensure that grants awarded and contracts
entered into under this part shall be equitably distributed between
local educational agencies serving urban and rural areas, and between
local educational agencies serving large and small numbers of students.

''SEC. 10999G. PRIVATE SCHOOL STUDENTS AND HOME-SCHOOLED STUDENTS.

''An application for funds under this part, consistent with the
number of home-schooled children or children enrolled in private
elementary schools, middle schools, and secondary schools located in
the school district of a local educational agency, may provide for the
participation of such children and their teachers in the activities
assisted under this part.

''SEC. 10999H. REPORT REQUIRED FOR CONTINUED FUNDING.

''As a condition to continue to receive grant or contract funding
after the first year of a multiyear grant or contract under this part,
the administrator of the grant or contract for the local educational
agency shall submit to the Secretary an annual report that describes
the activities conducted during the preceding year and demonstrates
that progress has been made toward achieving goals described in section
10999E(b) or meeting State standards for physical education.

''SEC. 10999I. REPORT TO CONGRESS.

''The Secretary shall submit a report to Congress not later than
June 1, 2003, that describes the programs assisted under this part,
documents the success of such programs in improving physical fitness,
and makes such recommendations as the Secretary determines appropriate
for the continuation and improvement of the programs assisted under
this part.

''SEC. 10999J. ADMINISTRATIVE COSTS.

''Not more than 5 percent of the grant or contract funds made
available to a local educational agency under this part for any fiscal
year may be used for administrative costs.

''SEC. 10999K. FEDERAL SHARE; SUPPLEMENT NOT SUPPLANT.

''(a) Federal Share.--The Federal share under this part may not
exceed--
''(1) 90 percent of the total cost of a project for the
first year for which the project receives assistance under this
part; and
''(2) 75 percent of such cost for the second and each
subsequent such year.
''(b) Supplement not Supplant.--Funds made available under this
part shall be used to supplement and not supplant other Federal, State,
and local funds available for physical education activities.

''SEC. 10999L. AUTHORIZATION OF APPROPRIATIONS.

''There are authorized to be appropriated $30,000,000 for fiscal
year 2000, $70,000,000 for fiscal year 2001, and $100,000,000 for each
of the fiscal years 2002 through 2004, to carry out this part. Such
funds shall remain available until expended.''.
Requires such grants and contracts to be used for: (1) providing equipment and support to enable students to actively participate in physical education activities; (2) developing or enhancing physical education curricula to meet national goals developed by the Secretary; and (3) providing funds for staff and teacher training and education.
Requires LEA assistance applications for such assistance to contain plans for helping school physical education programs make progress toward meeting State standards for physical education or specified goals. Prohibits extracurricular activities such as team sports and Reserve Officers' Training Corps (ROTC) program activities from consideration as part of the curriculum of a physical education program assisted under this Act.
Authorizes appropriations.

SECTION 1. HATE CRIMES.

(a) Declarations.--Congress declares that--
(1) further efforts must be taken at all levels of
government to respond to the staggering brutality of hate
crimes that have riveted public attention and shocked the
Nation;
(2) hate crimes are prompted by bias and are committed to
send a message of hate to targeted communities, usually defined
on the basis of immutable traits;
(3) the prominent characteristic of a hate crime is that it
devastates not just the actual victim and the victim's family
and friends, but frequently savages the community sharing the
traits that caused the victim to be selected;
(4) any efforts undertaken by the Federal Government to
combat hate crimes must respect the primacy that States and
local officials have traditionally been accorded in the
criminal prosecution of acts constituting hate crimes; and
(5) an overly broad reaction by the Federal Government to
this serious problem might ultimately diminish the
accountability of State and local officials in responding to
hate crimes and transgress the constitutional limitations on
the powers vested in Congress under the Constitution.
(b) Studies.--
(1) Collection of data.--
(A) Definition of hate crime.--In this paragraph,
the term ''hate crime'' means--
(i) a crime described in subsection (b)(1)
of the first section of the Hate Crime
Statistics Act (28 U.S.C. 534 note); and
(ii) a crime that manifests evidence of
prejudice based on gender or age.
(B) Collection from cross-section of states.--Not
later than 120 days after the date of enactment of this
Act, the Comptroller General of the United States, in
consultation with the National Governors' Association,
shall select 10 jurisdictions with laws classifying
certain types of crimes as hate crimes and 10
jurisdictions without such laws from which to collect
data described in subparagraph (C) over a 12-month
period.
(C) Data to be collected.--The data to be collected
are--
(i) the number of hate crimes that are
reported and investigated;
(ii) the percentage of hate crimes that are
prosecuted and the percentage that result in
conviction;
(iii) the length of the sentences imposed
for crimes classified as hate crimes within a
jurisdiction, compared with the length of
sentences imposed for similar crimes committed
in jurisdictions with no hate crime laws; and
(iv) references to and descriptions of the
laws under which the offenders were punished.
(D) Costs.--Participating jurisdictions shall be
reimbursed for the reasonable and necessary costs of
compiling data under this paragraph.
(2) Study of trends.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Comptroller General
of the United States and the General Accounting Office
shall complete a study that analyzes the data collected
under paragraph (1) and under the Hate Crime Statistics
Act of 1990 to determine the extent of hate crime
activity throughout the country and the success of
State and local officials in combating that activity.
(B) Identification of trends.--In the study
conducted under subparagraph (A), the Comptroller
General of the United States and the General Accounting
Office shall identify any trends in the commission of
hate crimes specifically by--
(i) geographic region;
(ii) type of crime committed; and
(iii) the number of hate crimes that are
prosecuted and the number for which convictions
are obtained.
(c) Model Statute.--
(1) In general.--To encourage the identification and
prosecution of hate crimes throughout the country, the Attorney
General shall, through the National Conference of Commissioners
on Uniform State Laws of the American Law Institute or another
appropriate forum, and in consultation with the States, develop
a model statute to carry out the goals described in subsection
(a) and criminalize acts classified as hate crimes.
(2) Requirements.--In developing the model statute, the
Attorney General shall--
(A) include in the model statute crimes that
manifest evidence of prejudice; and
(B) prepare an analysis of all reasons why any
crime motivated by prejudice based on any traits of a
victim should or should not be included.
(d) Support for Criminal Investigations and Prosecutions by State
and Local Law Enforcement Officials.--
(1) Assistance other than financial assistance.--
(A) In general.--At the request of a law
enforcement official of a State or a political
subdivision of a State, the Attorney General, acting
through the Director of the Federal Bureau of
Investigation, shall provide technical, forensic,
prosecutorial, or any other form of assistance in the
criminal investigation or prosecution of any crime
that--
(i) constitutes a crime of violence (as
defined in section 16 of title 18, United
States Code);
(ii) constitutes a felony under the laws of
the State; and
(iii) is motivated by prejudice based on
the victim's race, ethnicity, or religion or is
a violation of the State's hate crime law.
(B) Priority.--In providing assistance under
subparagraph (A), the Attorney General shall give
priority to crimes committed by offenders who have
committed crimes in more than 1 State.
(2) Grants.--
(A) In general.--There is established a grant
program within the Department of Justice to assist
State and local officials in the investigation and
prosecution of hate crimes.
(B) Eligibility.--A State or political subdivision
of a State applying for assistance under this paragraph
shall--
(i) describe the purposes for which the
grant is needed; and
(ii) certify that the State or political
subdivision lacks the resources necessary to
investigate or prosecute the hate crime.
(C) Deadline.--An application for a grant under
this paragraph shall be approved or disapproved by the
Attorney General not later than 24 hours after the
application is submitted.
(D) Grant amount.--A grant under this paragraph
shall not exceed $100,000 for any single case.
(E) Report.--Not later than December 31, 2001, the
Attorney General, in consultation with the National
Governors' Association, shall submit to Congress a
report describing the applications made for grants
under this paragraph, the award of such grants, and the
effectiveness of the grant funds awarded.
(F) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $5,000,000 for each of fiscal years 2000 and
2001.
(e) Interstate Travel To Commit Hate Crime.--
(1) In general.--Chapter 13 of title 18, United States
Code, is amended by adding at the end the following:
''Sec. 249. Interstate travel to commit hate crime
''(a) In General.--A person, whether or not acting under color of
law, who--
''(1) travels across a State line or enters or leaves
Indian country in order, by force or threat of force, to
willfully injure, intimidate, or interfere with, or by force or
threat of force to attempt to injure, intimidate, or interfere
with, any person because of the person's race, color, religion,
or national origin; and
''(2) by force or threat of force, willfully injures,
intimidates, or interferes with, or by force or threat of force
attempts to willfully injure, intimidate, or interfere with any
person because of the person's race, color, religion, or
national origin,
shall be subject to a penalty under subsection (b).
''(b) Penalties.--A person described in subsection (a) who is
subject to a penalty under this subsection--
''(1) shall be fined under this title, imprisoned not more
than 1 year, or both;
''(2) if bodily injury results or if the violation includes
the use, attempted use, or threatened use of a dangerous
weapon, explosives, or fire, shall be fined under this title,
imprisoned not more than 10 years, or both; or
''(3) if death results or if the violation includes
kidnapping or an attempt to kidnap, aggravated sexual abuse or
an attempt to commit aggravated sexual abuse, or an attempt to
kill--
''(A) shall be fined under this title, imprisoned
for any term of years or for life, or both; or
''(B) may be sentenced to death.''.
(2) Technical amendment.--The analysis for chapter 13 of
title 18, United States Code, is amended by adding at the end
the following:

''249. Interstate travel to commit hate crime.''.
Specifies data to be collected (i.e., the number of hate crimes reported and investigated, percentage of hate crimes prosecuted and resulting in a conviction, the length of sentences imposed in comparison with that imposed for similar crimes committed in jurisdictions without hate crime laws, and references to and descriptions of laws under which the offenders were punished).
Requires the Comptroller General and GAO to identify any trends in the commission of hate crimes by geographic region, type of crime committed, and the number of hate crimes prosecuted and the number for which convictions are obtained.
Directs the Attorney General: (1) to develop a model statute to criminalize acts classified as hate crimes; and (2) in developing such statute, to include crimes that manifest evidence of prejudice and to prepare an analysis of all reasons why any crime motivated by prejudice based on any traits of a victim should or should not be included.
Directs the Attorney General: (1) at the request of a law enforcement official of a State or political subdivision thereof, to provide assistance in the criminal investigation or prosecution of any crime that constitutes a crime of violence or a felony under State law and that is motivated by prejudice based on the victim's race, ethnicity, or religion or that is a violation of the State's hate crime law; and (2) in providing such assistance, to give priority to crimes committed by offenders who have committed crimes in more than one State.
Establishes a grant program within the Department of Justice to assist State and local officials in the investigation and prosecution of hate crimes. Sets forth eligibility, reporting, and other requirements. Authorizes appropriations.
Prohibits and sets penalties (including the death penalty under specified circumstances) for: (1) traveling across a State line, or entering or leaving Indian country, in order to willfully injure, intimidate, or interfere with any person because of that person's race, color, religion, or national origin; and (2) by force or threat of force, willfully injuring, intimidating, or interfering with any person because of that person's race, color, religion, or national origin.