[Congressional Record Volume 144, Number 99 (Wednesday, July 22, 1998)]
[Senate]
[Pages S8792-S8804]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 1999

                                 ______
                                 

                       McCAIN AMENDMENT NO. 3251

  (Ordered to lie on the table.)
  Mr. McCAIN submitted an amendment intended to be proposed by him to 
the bill, S. 2260, supra; as follows:

       On page 62, strike ``Provided further,'' on line 3 and all 
     that follows through line 16 and insert the following: 
     ``Provided further, That none of the funds appropriated or 
     otherwise made available under this Act or under any other 
     provision of law may be obligated or expended by the 
     Secretary of Commerce, through the Patent and Trademark 
     Office, to plan for the design, construction, or lease of any 
     new facility for that office until the date that is 90 days 
     after the date of submission to Congress by the Administrator 
     of General Services of a report on the results of a cost-
     benefit analysis that analyzes the costs versus the benefits 
     of relocating the Patent and Trademark Office to a new 
     facility, and that includes an analysis of the cost 
     associated with leasing, in comparison with the cost of any 
     lease-purchase, Federal construction, or other alternative 
     for new space for the Patent and Trademark Office and a 
     recommendation on the most cost-effective option for 
     consolidating the Patent and Trademark Office: Provided 
     further, That the report submitted by the Administrator of 
     General Services shall consider any appropriate location or 
     facility for the Patent and Trademark Office, and shall not 
     be limited to any geographic region: Provided further, That 
     the Administrator of General Services shall submit the report 
     to Congress not later than May 1, 1999.''.
                                 ______
                                 

              WELLSTONE (AND LANDRIEU) AMENDMENT NO. 3252

  Mr. WELLSTONE (for himself and Ms. Landrieu) proposed an amendment to 
the bill, S. 2260, supra; as follows:

         On page 51, between lines 9 and 10, insert the following:

     SEC. 121. MENTAL HEALTH SCREENING AND TREATMENT FOR 
                   PRISONERS.

       (a) Additional Requirements for the Use of Funds Under the 
     Violent Offender Incarceration and Truth-in-Sentencing Grants 
     Program.--Section 20105(b) of the Violent Crime Control and 
     Law Enforcement Act of 1994 is amended to read as follows:
       ``(b) Additional Requirements.--
       ``(1) Eligibility for grant.--To be eligible to receive a 
     grant under section 20103 or 20104, a State shall, not later 
     than January 1, 1999, have a program of mental health 
     screening and treatment for appropriate categories of 
     convicted juvenile and other offenders during periods of 
     incarceration and juvenile and criminal justice supervision, 
     that is consistent with guidelines issued by the Attorney 
     General.
       ``(2) Use of funds.--
       ``(A) In general.--Notwithstanding any other provision of 
     this subtitle, amounts made available to a State under 
     section 20103 or 20104 may be applied to the costs of 
     programs described in paragraph (1), consistent with 
     guidelines issued by the Attorney General.
       ``(B) Additional use.--In addition to being used as 
     specified in subparagraph (A), the funds referred to in that 
     subparagraph may be used by a State to pay the costs of 
     providing to the Attorney General a baseline study on the 
     mental health problems of juvenile offenders and prisoners in 
     the State, which study shall be consistent with guidelines 
     issued by the Attorney General.''.
                                 ______
                                 

                      FAIRCLOTH AMENDMENT NO. 3253

  Mr. FAIRCLOTH proposed an amendment to the bill, S. 2260, supra; as 
follows:

       On page 51, between lines 9 and 10, insert the following:
       Sec. 121. Section 3486(a)(1) of title 18, United States 
     Code, is amended by inserting ``or any act or activity 
     involving a Federal offense relating to the sexual 
     exploitation or other abuse of children,'' after ``health 
     care offense,''.
                                 ______
                                 

                HOLLINGS (AND OTHERS) AMENDMENT NO. 3254

  Mr. HOLLINGS (for himself, Mr. Daschle, Mr. Dorgan, Mr. Conrad, Mr. 
Lautenberg, Mrs. Murray, Mrs. Boxer, Mr. Reid, Mr. Ford, and Mr. 
Johnson) proposed an amendment to the bill, S. 2260, supra; as follows:

       At the appropriate place, add the following new section:

     SEC.   . SENSE OF THE SENATE ON THE BUDGET AND SOCIAL 
                   SECURITY.

       (a) Findings.--The Senate finds that:--
       (1) the Social Security system provides benefits to 44 
     million Americans, including 27.3 million retirees, over 4.5 
     million people with disabilities, 3.8 million surviving 
     children and 8.4 million surviving adults, and is essential 
     to the dignity and security of the nation's elderly and 
     disabled;
       (2) the Trustees of the Federal Old-Age and Survivors 
     Insurance and Disability Insurance Trust Funds have reported 
     to the Congress that the ``total income'' of the Social 
     Security system ``is estimated to fall short of expenditures 
     beginning in 2021 and in each year thereafter . . . until the 
     assets of the combined trust funds are exhausted in 2032'';
       (3) intergenerational fairness, honest accounting 
     principles, prudent budgeting, and sound economic policy all 
     require saving Social Security first, in order that the 
     Nation may better afford the retirement of the baby boom 
     generation, beginning in 2010;
       (4) in reforming Social Security in 1983, the Congress 
     intended that near-term Social Security trust fund surpluses 
     be used to prefund the retirement of the baby boom 
     generation;
       (5) in his State of the Union message to the joint session 
     of Congress on January 27, 1998, President Clinton called on 
     the Congress to ``save Social Security first'' and to 
     ``reserve one hundred percent of the surplus, that is any 
     penny of any surplus, until we have taken all the necessary 
     measures to strengthen the Social Security system for the 
     twenty-first century'';
       (6) Section 13301 of the Budget Enforcement Act of 1990 
     expressly forbids counting Social Security trust fund 
     surpluses as revenue available to balance the budget.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Congress and the President should--
       (1) continue to rid our country of debt and work to balance 
     the budget without counting Social Security trust fund 
     surpluses;
       (2) work in a bipartisan way on specific legislation to 
     reform the Social Security system, to ensure that it is 
     financially sound over the long term and will be available 
     for all future generations; and
       (3) save Social Security first by reserving any surpluses 
     in fiscal year 1999 budget legislation.
                                 ______
                                 

                 GREGG (AND OTHERS) AMENDMENT NO. 3255

  Mr. GREGG (for himself, Mr. Lott, Mr. Mack, Mr. Gramm, and Mr. 
Murkowski) proposed an amendment to amendment No. 3254 proposed by Mr. 
Hollings to the bill, S. 2260, supra; as follows:

       In the pending amendment, strike all after the word 
     ``Sec.'' and insert the following:

     SENSE OF THE SENATE ON THE BUDGET AND SOCIAL SECURITY.

       (A) Findings.--The Senate finds that:--
       (1) the Social Security system provides benefits to 44 
     million Americans, including 27.3 million retirees, over 4.5 
     million people with disabilities, 3.8 million surviving 
     children and 8.4 million surviving adults, and is essential 
     to the dignity and security of the nation's elderly and 
     disabled;
       (2) the Trustees of the Federal Old-Age and Survivors 
     Insurance and Disability Insurance Trsut Funds have reported 
     to the Congress that the ``total income'' of the Social 
     Security system ``is estimated to fall short of expenditures 
     beginning in 2021 and in each year thereafter . . . until the 
     assets of the combined trust funds are exhausted in 2032'';
       (3) intergenerational fairness, honest accounting 
     principles, prudent budgeting, and sound economic policy all 
     require saving Social Security first, in order that the 
     Nation may better afford the retirement of the baby boom 
     generation, beginning in 2010;
       (4) in reforming Social Security in 1983, the Congress 
     intended that near-term Social Security trust fund surpluses 
     be used to prefund the retirement of the baby boom 
     generation;
       (5) in his State of the Union message to the joint session 
     of Congress on January 27, 1998, President Clinton called on 
     the Congress to ``save Social Security first'' and to 
     ``reserve one hundred percent of the surplus, that is any 
     penny of any surplus, until we have taken all the necessary 
     measures to strengthen the Social Security system for the 
     twenty-first century'';
       (6) saving Social Security first would work to expand 
     national savings, reduce interest rates, enhance private 
     investment, increase labor productivity, and boost economic 
     growth;
       (7) section 13301 of the Budget Enforcement Act of 1990 
     expressly forbids counting Social Security trust fund 
     surpluses as revenue available to balance the budget; and
       (8) the CBO has estimated that the unified budget surplus 
     will reach nearly $1.5 trillion over the next ten years.

[[Page S8793]]

       (b) Sense of the Senate--It is the sense of the Senate that 
     Congress and the President should--
       (1) continue to rid our country of debt and work to balance 
     the budget without counting Social Security trust fund 
     surpluses;
       (2) work in a bipartisan way on specific legislation to 
     reform the Social Security system, to ensure that it is 
     financially sound over the long term and will be available 
     for all future generations;
       (3) save Social Security first; and
       (4) return all remaining surpluses to American taxpayers.
                                 ______
                                 

                THOMPSON (AND OTHERS) AMENDMENT NO. 3256

  Mr. THOMPSON (for himself, Mr. Lott, Mr. Coverdell, Mr. Hutchinson, 
Mr. Enzi, Mr. Abraham, Mr. Kempthorne, Mr. Stevens, Mr. Thurmond, and 
Ms. Collins) proposed an amendment to the bill, S. 2260, supra; as 
follows:

       At the appropriate place in the bill, insert the following:

     SEC. __. POLICIES RELATING TO FEDERALISM.

       (a) Repeal of Executive Order.--Executive Order No. 13083, 
     issued May 14, 1998, shall have no force and effect.
       (b) Continuation of Executive Orders.--Executive Order No. 
     12612, issued October 26, 1987, and Executive Order No. 
     12875, issued October 26, 1993, shall be in effect as though 
     Executive Order No. 13083 never took effect.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 3257

  Mr. McCAIN proposed an amendment to the bill, S. 2260, supra; as 
follows:

       On page 62, strike ``Provided further,'' on line 3 and all 
     that follows through line 16 and insert the following: 
     ``Provided further, That none of the funds appropriated or 
     otherwise made available under this Act or under any other 
     provision of law may be obligated or expended by the 
     Secretary of Commerce, through the Patent and Trademark 
     Office, to plan for the design, construction, or lease of any 
     new facility for that office until the date that is 90 days 
     after the date of submission to Congress by the Administrator 
     of General Services of a report on the results of a cost-
     benefit analysis that analyzes the costs versus the benefits 
     of relocating the Patent and Trademark Office to a new 
     facility, and that includes an analysis of the cost 
     associated with leasing, in comparison with the cost of any 
     lease-purchase, Federal construction, or other alternative 
     for new space for the Patent and Trademark Office and a 
     recommendation on the most cost-effective option for 
     consolidating the Patent and Trademark Office: Provided 
     further, That the report submitted by the Administrator of 
     General Services shall consider any appropriate location or 
     facility for the Patent and Trademark Office, and shall not 
     be limited to any geographic region: Provided further, That 
     the Administrator of General Services shall submit the report 
     to Congress not later than May 1, 1999.''.
                                 ______
                                 

                 SMITH (AND OTHERS) AMENDMENT NO. 3258

  (Ordered to lie on the table.)
  Mr. SMITH of Oregon (for himself, Mr. Wyden, Mr. Craig, Mr. Graham, 
Mr. Gorton, Mr. Bumpers, Mr. Hatch, Mr. McConnell, Mr. Mack, Mr. 
Kempthorne, Mr. Santorum, Mr. Faircloth, and Mr. Thurmond) submitted an 
amendment intended to be proposed by them to the bill, S. 2260, supra; 
as follows:

       At the appropriate place, insert the following new title:

                TITLE __--TEMPORARY AGRICULTURAL WORKERS

     SEC. __01. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the 
     ``Agricultural Job Opportunity Benefits and Security Act of 
     1998''.
       (b) Table of Contents.--The table of contents of this title 
     is as follows:

Sec. __01. Short title; table of contents.
Sec. __02. Definitions.
Sec. __03. Agricultural worker registries.
Sec. __04. Employer applications and assurances.
Sec. __05. Search of registry.
Sec. __06. Issuance of visas and admission of aliens.
Sec. __07. Employment requirements.
Sec. __08. Enforcement and penalties.
Sec. __09. Alternative program for the admission of temporary H-2A 
              workers.
Sec. __10. Inclusion in employment-based immigration preference 
              allocation.
Sec. __11. Migrant and seasonal Head Start program.
Sec. __12. Regulations.
Sec. __13. Funding from Wagner-Peyser Act.
Sec. __14. Report to Congress.
Sec. __15. Effective date.

     SEC. __02. DEFINITIONS.

       In this title:
       (1) Adverse effect wage rate.--The term ``adverse effect 
     wage rate'' means the rate of pay for an agricultural 
     occupation that is 5-percent above the prevailing rate of pay 
     for that agricultural occupation in an area of intended 
     employment, if the average hourly equivalent of the 
     prevailing rate of pay for the occupation is less than the 
     prior year's average hourly earnings of field and livestock 
     workers for the State (or region that includes the State), as 
     determined by the Secretary of Agriculture. No adverse effect 
     wage rate shall be more than the prior year's average hourly 
     earnings of field and livestock workers for the State (or 
     region that includes the State), as determined by the 
     Secretary of Agriculture.
       (2) Agricultural employment.--The term ``agricultural 
     employment'' means any service or activity included within 
     the provisions of section 3(f) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 203(f)) or section 3121(g) of the 
     Internal Revenue Code of 1986 and the handling, planting, 
     drying, packing, packaging, processing, freezing, or grading 
     prior to delivery for storage of any agricultural or 
     horticultural commodity in its unmanufactured state.
       (3) Eligible.--The term ``eligible'' as used with respect 
     to workers or individuals, means individuals authorized to be 
     employed in the United States as provided for in section 
     274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1188).
       (4) Employer.--The term ``employer'' means any person or 
     entity, including any independent contractor and any 
     agricultural association, that employs workers.
       (5) Job opportunity.--The term ``job opportunity'' means a 
     specific period of employment for a worker in one or more 
     specified agricultural activities.
       (6) Prevailing wage.--The term ``prevailing wage'' means 
     with respect to an agricultural activity in an area of 
     intended employment, the rate of wages that includes the 51st 
     percentile of employees in that agricultural activity in the 
     area of intended employment, expressed in terms of the 
     prevailing method of pay for the agricultural activity in the 
     area of intended employment.
       (7) Registered worker.--The term ``registered worker'' 
     means an individual whose name appears in a registry.
       (8) Registry.--The term ``registry'' means an agricultural 
     worker registry established under section __03(a).
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (10) United states worker.--The term ``United States 
     worker'' means any worker, whether a United States citizen, a 
     United States national, or an alien who is authorized to work 
     in the job opportunity within the United States other than an 
     alien admitted pursuant to section 101(a)(15)(H)(ii)(a) or 
     218 of the Immigration and Nationality Act, as in effect on 
     the effective date of this title.

     SEC. __03. AGRICULTURAL WORKER REGISTRIES.

       (a) Establishment of Registries.--
       (1) In general.--The Secretary of Labor shall establish and 
     maintain a system of registries containing a current database 
     of eligible United States workers who seek to perform 
     temporary or seasonal agricultural work and the employment 
     status of such workers--
       (A) to ensure that eligible United States workers are 
     informed about available agricultural job opportunities;
       (B) to maximize the work period for eligible United States 
     workers; and
       (C) to provide timely referral of such workers to temporary 
     and seasonal agricultural job opportunities in the United 
     States.
       (2) Coverage.--
       (A) Single state or group of states.--Each registry 
     established under paragraph (1) shall include the job 
     opportunities in a single State, or a group of contiguous 
     States that traditionally share a common pool of seasonal 
     agricultural workers.
       (B) Requests for inclusion.--Each State requesting 
     inclusion in a registry, or having any group of agricultural 
     producers seeking to utilize the registry, shall be 
     represented by a registry or by a registry of contiguous 
     States.
       (b) Registration.--
       (1) In general.--An eligible individual who seeks 
     employment in temporary or seasonal agricultural work may 
     apply to be included in the registry for the State or States 
     in which the individual seeks employment. Such application 
     shall include--
       (A) the name and address of the individual;
       (B) the period or periods of time (including beginning and 
     ending dates) during which the individual will be available 
     for temporary or seasonal agricultural work;
       (C) the registry or registries on which the individual 
     desires to be included;
       (D) the specific qualifications and work experience 
     possessed by the applicant;
       (E) the type or types of temporary or seasonal agricultural 
     work the applicant is willing to perform;
       (F) such other information as the applicant wishes to be 
     taken into account in referring the applicant to temporary or 
     seasonal agricultural job opportunities; and
       (G) such other information as may be required by the 
     Secretary.
       (2) Validation of employment authorization.--No person may 
     be included on any registry unless the Attorney General has 
     certified to the Secretary of Labor that the person is 
     authorized to be employed in the United States.
       (3) Workers referred to job opportunities.--The name of 
     each registered worker who is referred and accepts employment 
     with an employer pursuant to section __05 shall be classified 
     as inactive on each registry on which the worker is included 
     during the period of employment involved in the job to

[[Page S8794]]

     which the worker was referred, unless the worker reports to 
     the Secretary that the worker is no longer employed and is 
     available for referral to another job opportunity. A 
     registered worker classified as inactive shall not be 
     referred pursuant to section __05.
       (4) Removal of names from a registry.--The Secretary shall 
     remove from all registries the name of any registered worker 
     who, on 3 separate occasions within a 3-month period, is 
     referred to a job opportunity pursuant to this section, and 
     who declines such referral or fails to report to work in a 
     timely manner.
       (5) Voluntary removal.--A registered worker may request 
     that the worker's name be removed from a registry or from all 
     registries.
       (6) Removal by expiration.--The application of a registered 
     worker shall expire, and the Secretary shall remove the name 
     of such worker from all registries if the worker has not 
     accepted a job opportunity pursuant to this section within 
     the preceding 12-month period.
       (7) Reinstatement.--A worker whose name is removed from a 
     registry pursuant to paragraph (4), (5), or (6) may apply to 
     the Secretary for reinstatement to such registry at any time.
       (c) Confidentiality of Registries.--The Secretary shall 
     maintain the confidentiality of the registries established 
     pursuant to this section, and the information in such 
     registries shall not be used for any purposes other than 
     those authorized in this title.
       (d) Advertising of Registries.--The Secretary shall widely 
     disseminate, through advertising and other means, the 
     existence of the registries for the purpose of encouraging 
     eligible United States workers seeking temporary or seasonal 
     agricultural job opportunities to register.

     SEC. __04. EMPLOYER APPLICATIONS AND ASSURANCES.

       (a) Applications to the Secretary.--
       (1) In general.--Not later than 21 days prior to the date 
     on which an agricultural employer desires to employ a 
     registered worker in a temporary or seasonal agricultural job 
     opportunity, the employer shall apply to the Secretary for 
     the referral of a United States worker through a search of 
     the appropriate registry, in accordance with section __05. 
     Such application shall--
       (A) describe the nature and location of the work to be 
     performed;
       (B) list the anticipated period (expected beginning and 
     ending dates) for which workers will be needed;
       (C) indicate the number of job opportunities in which the 
     employer seeks to employ workers from the registry;
       (D) describe the bona fide occupational qualifications that 
     must be possessed by a worker to be employed in the job 
     opportunity in question;
       (E) describe the wages and other terms and conditions of 
     employment the employer will offer, which shall not be less 
     (and are not required to be more) than those required by this 
     section;
       (F) contain the assurances required by subsection (c); and
       (G) specify the foreign country or region thereof from 
     which alien workers should be admitted in the case of a 
     failure to refer United States workers under this title.
       (2) Applications by associations on behalf of employer 
     members.--
       (A) In general.--An agricultural association may file an 
     application under paragraph (1) for registered workers on 
     behalf of its employer members.
       (B) Employers.--An application under subparagraph (A) shall 
     cover those employer members of the association that the 
     association certifies in its application have agreed in 
     writing to comply with the requirements of this title.
       (b) Amendment of Applications.--Prior to receiving a 
     referral of workers from a registry, an employer may amend an 
     application under this subsection if the employer's need for 
     workers changes. If an employer amends an application on a 
     date which is later than 21 days prior to the date on which 
     the workers on the amended application are sought to be 
     employed, the Secretary may delay issuance of the report 
     described in section __05(b) by the number of days by which 
     the filing of the amended application is later than 21 days 
     before the date on which the employer desires to employ 
     workers.
       (c) Assurances.--The assurances referred to in subsection 
     (a)(1)(F) are the following:
       (1) Assurance that the job opportunity is not a result of a 
     labor dispute.--The employer shall assure that the job 
     opportunity for which the employer requests a registered 
     worker is not vacant because a worker is involved in a 
     strike, lockout, or work stoppage in the course of a labor 
     dispute involving the job opportunity at the place of 
     employment.
       (2) Assurance that the job opportunity is temporary or 
     seasonal.--
       (A) Required assurance.--The employer shall assure that the 
     job opportunity for which the employer requests a registered 
     worker is temporary or seasonal.
       (B) Seasonal basis.--For purposes of this title, labor is 
     performed on a seasonal basis where, ordinarily, the 
     employment pertains to or is of the kind exclusively 
     performed at certain seasons or periods of the year and 
     which, from its nature, may not be continuous or carried on 
     throughout the year.
       (C) Temporary basis.--For purposes of this title, a worker 
     is employed on a temporary basis where the employment is 
     intended not to exceed 10 months.
       (3) Assurance of provision of required wages and 
     benefits.--The employer shall assure that the employer will 
     provide the wages and benefits required by subsections (a), 
     (b), and (c) of section __07 to all workers employed in job 
     opportunities for which the employer has applied under 
     subsection (a) and to all other workers in the same 
     occupation at the place of employment.
       (4) Assurance of employment.--The employer shall assure 
     that the employer will refuse to employ individuals referred 
     under section __05, or terminate individuals employed 
     pursuant to this title, only for lawful job-related reasons, 
     including lack of work.
       (5) Assurance of compliance with labor laws.--
       (A) In general.--An employer who requests registered 
     workers shall assure that, except as otherwise provided in 
     this title, the employer will comply with all applicable 
     Federal, State, and local labor laws, including laws 
     affecting migrant and seasonal agricultural workers, with 
     respect to all United States workers and alien workers 
     employed by the employer.
       (B) Limitations.--The disclosure required under section 
     201(a) of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1821(a)) may be made at any time 
     prior to the time the alien is issued a visa permitting entry 
     into the United States.
       (6) Assurance of advertising of the registry.--The employer 
     shall assure that the employer will, from the day an 
     application for workers is submitted under subsection (a), 
     and continuing throughout the period of employment of any job 
     opportunity for which the employer has applied for a worker 
     from the registry, post in a conspicuous place a poster to be 
     provided by the Secretary advertising the availability of the 
     registry.
       (7) Assurance of contacting former workers.--The employer 
     shall assure that the employer has made reasonable efforts 
     through the sending of a letter by United States Postal 
     Service mail, or otherwise, to contact any eligible worker 
     the employer employed during the previous season in the 
     occupation at the place of intended employment for which the 
     employer is applying for registered workers, and has made the 
     availability of the employer's job opportunities in the 
     occupation at the place of intended employment known to such 
     previous worker, unless the worker was terminated from 
     employment by the employer for a lawful job-related reason or 
     abandoned the job before the worker completed the period of 
     employment of the job opportunity for which the worker was 
     hired.
       (8) Assurance of provision of workers compensation.--The 
     employer shall assure that if the job opportunity is not 
     covered by the State workers' compensation law, that the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of and in the course 
     of the worker's employment which will provide benefits at 
     least equal to those provided under the State workers' 
     compensation law for comparable employment.
       (9) Assurance of unemployment insurance coverage.--The 
     employer shall assure that if the employer's employment is 
     not covered employment under the State's unemployment 
     insurance law, the employer will provide unemployment 
     insurance coverage for the employer's United States workers 
     at the place of employment for which the employer has applied 
     for workers under subsection (a).
       (d) Withdrawal of Applications.--
       (1) In general.--An employer may withdraw an application 
     under subsection (a), except that, if the employer is an 
     agricultural association, the association may withdraw an 
     application under subsection (a) with respect to one or more 
     of its members. To withdraw an application, the employer 
     shall notify the Secretary in writing, and the Secretary 
     shall acknowledge in writing the receipt of such withdrawal 
     notice. An employer who withdraws an application under 
     subsection (a), or on whose behalf an application is 
     withdrawn, is relieved of the obligations undertaken in the 
     application.
       (2) Limitation.--An application may not be withdrawn while 
     any alien provided status under this title pursuant to such 
     application is employed by the employer.
       (3) Obligations under other statutes.--Any obligation 
     incurred by an employer under any other law or regulation as 
     a result of recruitment of United States workers under an 
     offer of terms and conditions of employment required as a 
     result of making an application under subsection (a) is 
     unaffected by withdrawal of such application.
       (e) Review of Application.--
       (1) In general.--Promptly upon receipt of an application by 
     an employer under subsection (a), the Secretary shall review 
     the application for compliance with the requirements of such 
     subsection.
       (2) Approval of applications.--If the Secretary determines 
     that an application meets the requirements of subsection (a), 
     and the employer is not ineligible to apply under paragraph 
     (2), (3), or (4) of section __08(b), the Secretary shall, not 
     later than 7 days after the receipt of such application, 
     approve the application and so notify the employer.
       (3) Rejection of applications.--If the Secretary determines 
     that an application fails to meet 1 or more of the 
     requirements of subsection (a), the Secretary, as 
     expeditiously as possible, but in no case later than 7 days 
     after the receipt of such application, shall--

[[Page S8795]]

       (A) notify the employer of the rejection of the application 
     and the reasons for such rejection, and provide the 
     opportunity for the prompt resubmission of an amended 
     application; and
       (B) offer the applicant an opportunity to request an 
     expedited administrative review or a de novo administrative 
     hearing before an administrative law judge of the rejection 
     of the application.
       (4) Rejection for program violations.--The Secretary shall 
     reject the application of an employer under this section if 
     the employer has been determined to be ineligible to employ 
     workers under section __08(b) or subsection (b)(2) of section 
     218 of the Immigration and Nationality Act (8 U.S.C. 1188).

     SEC. __05. SEARCH OF REGISTRY.

       (a) Search Process and Referral to the Employer.--Upon the 
     approval of an application under section __04(e), the 
     Secretary shall promptly begin a search of the registry of 
     the State (or States) in which the work is to be performed to 
     identify registered workers with the qualifications requested 
     by the employer. The Secretary shall contact such qualified 
     registered workers and determine, in each instance, whether 
     the worker is ready, willing, and able to accept the 
     employer's job opportunity and will commit to work for the 
     employer at the time and place needed. The Secretary shall 
     provide to each worker who commits to work for the employer 
     the employer's name, address, telephone number, the location 
     where the employer has requested that employees report for 
     employment, and a statement disclosing the terms and 
     conditions of employment.
       (b) Deadline for Completing Search Process; Referral of 
     Workers.--As expeditiously as possible, but not later than 7 
     days before the date on which an employer desires work to 
     begin, the Secretary shall complete the search under 
     subsection (a) and shall transmit to the employer a report 
     containing the name, address, and social security account 
     number of each registered worker who has committed to work 
     for the employer on the date needed, together with sufficient 
     information to enable the employer to establish contact with 
     the worker. The identification of such registered workers in 
     a report shall constitute a referral of workers under this 
     section.
       (c) Notice of Insufficient Workers.--If the report provided 
     to the employer under subsection (b) does not include 
     referral of a sufficient number of registered workers to fill 
     all of the employer's job opportunities in the occupation for 
     which the employer applied under section __04(a), the 
     Secretary shall indicate in the report the number of job 
     opportunities for which registered workers could not be 
     referred, and promptly transmit a copy of the report to the 
     Attorney General and the Secretary of State, by electronic or 
     other means ensuring next day delivery.

     SEC. __06. ISSUANCE OF VISAS AND ADMISSION OF ALIENS.

       (a) In General.--
       (1) Number of admissions.--The Secretary of State shall 
     promptly issue visas to, and the Attorney General shall 
     admit, a sufficient number of eligible aliens designated by 
     the employer to fill the job opportunities of the employer--
       (A) upon receipt of a copy of the report described in 
     section __05(c);
       (B) upon receipt of an application (or copy of an 
     application under subsection (b));
       (C) upon receipt of the report required by subsection 
     (c)(1)(B); or
       (D) upon receipt of a report under subsection (d).
       (2) Procedures.--The admission of aliens under paragraph 
     (1) shall be subject to the procedures of section 218A of the 
     Immigration and Nationality Act, as added by this title.
       (3) Agricultural associations.--Aliens admitted pursuant to 
     a report described in paragraph (1) may be employed by any 
     member of the agricultural association that has made the 
     certification required by section __04(a)(2)(B).
       (b) Direct Application Upon Failure To Act.--
       (1) Application to the secretary of state.--If the employer 
     has not received a referral of sufficient workers pursuant to 
     section __05(b) or a report of insufficient workers pursuant 
     to section __05(c), by the date that is 7 days before the 
     date on which the work is anticipated to begin, the employer 
     may submit an application for alien workers directly to the 
     Secretary of State, with a copy of the application provided 
     to the Attorney General, seeking the issuance of visas to and 
     the admission of aliens for employment in the job 
     opportunities for which the employer has not received 
     referral of registered workers. Such an application shall 
     include a copy of the employer's application under section 
     __04(a), together with evidence of its timely submission. The 
     Secretary of State may consult with the Secretary of Labor in 
     carrying out this paragraph.
       (2) Expedited consideration by secretary of state.--The 
     Secretary of State shall, as expeditiously as possible, but 
     not later than 5 days after the employer files an application 
     under paragraph (1), issue visas to, and the Attorney General 
     shall admit, a sufficient number of eligible aliens 
     designated by the employer to fill the job opportunities for 
     which the employer has applied under that paragraph.
       (c) Redetermination of Need.--
       (1) Requests for redetermination.--
       (A) In general.--An employer may file a request for a 
     redetermination by the Secretary of the needs of the employer 
     if--
       (i) a worker referred from the registry is not at the place 
     of employment on the date of need shown on the application, 
     or the date the work for which the worker is needed has 
     begun, whichever is later;
       (ii) the worker is not ready, willing, able, or qualified 
     to perform the work required; or
       (iii) the worker abandons the employment or is terminated 
     for a lawful job-related reason.
       (B) Additional authorization of admissions.--The Secretary 
     shall expeditiously, but in no case later than 72 hours after 
     a redetermination is requested under subparagraph (A), submit 
     a report to the Secretary of State and the Attorney General 
     providing notice of a need for workers under this subsection.
       (2) Job-related requirements.--An employer shall not be 
     required to initially employ a worker who fails to meet 
     lawful job-related employment criteria, nor to continue the 
     employment of a worker who fails to meet lawful, job-related 
     standards of conduct and performance, including failure to 
     meet minimum production standards after a 3-day break-in 
     period.
       (d) Emergency Applications.--Notwithstanding subsections 
     (b) and (c), the Secretary may promptly transmit a report to 
     the Attorney General and Secretary of State providing notice 
     of a need for workers under this subsection for an employer--
       (1) who has not employed aliens under this title in the 
     occupation in question in the prior year's agricultural 
     season;
       (2) who faces an unforeseen need for workers (as determined 
     by the Secretary); and
       (3) with respect to whom the Secretary cannot refer able, 
     willing, and qualified workers from the registry who will 
     commit to be at the employer's place of employment and ready 
     for work within 72 hours or on the date the work for which 
     the worker is needed has begun, whichever is later.
       (e) Regulations.--The Secretary of State shall prescribe 
     regulations to provide for the designation of aliens under 
     this section.

     SEC. __07. EMPLOYMENT REQUIREMENTS.

       (a) Required Wages.--
       (1) In general.--An employer applying under section __04(a) 
     for workers shall offer to pay, and shall pay, all workers in 
     the occupation or occupations for which the employer has 
     applied for workers from the registry, not less (and is not 
     required to pay more) than the greater of the prevailing wage 
     in the occupation in the area of intended employment or the 
     adverse effect wage rate.
       (2) Payment of prevailing wage determined by a state 
     employment security agency sufficient.--In complying with 
     paragraph (1), an employer may request and obtain a 
     prevailing wage determination from the State employment 
     security agency. If the employer requests such a 
     determination, and pays the wage required by paragraph (1) 
     based upon such a determination, such payment shall be 
     considered sufficient to meet the requirement of paragraph 
     (1).
       (3) Reliance on wage survey.--In lieu of the procedure of 
     paragraph (2), an employer may rely on other information, 
     such as an employer-generated prevailing wage survey and 
     determination that meets criteria specified by the Secretary.
       (4) Alternative methods of payment permitted.--
       (A) In general.--A prevailing wage may be expressed as an 
     hourly wage, a piece rate, a task rate, or other incentive 
     payment method, including a group rate. The requirement to 
     pay at least the prevailing wage in the occupation and area 
     of intended employment does not require an employer to pay by 
     the method of pay in which the prevailing rate is expressed, 
     except that, if the employer adopts a method of pay other 
     than the prevailing rate, the burden of proof is on the 
     employer to demonstrate that the employer's method of pay is 
     designed to produce earnings equivalent to the earnings that 
     would result from payment of the prevailing rate.
       (B) Compliance when paying an incentive rate.--In the case 
     of an employer that pays a piece rate or task rate or uses 
     any other incentive payment method, including a group rate, 
     the employer shall be considered to be in compliance with any 
     applicable hourly wage requirement if the average of the 
     hourly earnings of the workers, taken as a group, the 
     activity for which a piece rate, task rate, or other 
     incentive payment, including a group rate, is paid, for the 
     pay period, is at least equal to the required hourly wage.
       (C) Task rate.--For purposes of this paragraph, the term 
     ``task rate'' means an incentive payment method based on a 
     unit of work performed such that the incentive rate varies 
     with the level of effort required to perform individual units 
     of work.
       (D) Group rate.--For purposes of this paragraph, the term 
     ``group rate'' means an incentive payment method in which the 
     payment is shared among a group of workers working together 
     to perform the task.
       (b) Requirement To Provide Housing.--
       (1) In general.--An employer applying under section __04(a) 
     for registered workers shall offer to provide housing at no 
     cost (except for charges permitted by paragraph (5)) to all 
     workers employed in job opportunities to which the employer 
     has applied under that section, and to all other workers in 
     the same occupation at the place of employment, whose 
     permanent place of residence is beyond normal commuting 
     distance.

[[Page S8796]]

       (2) Type of housing.--In complying with paragraph (1), an 
     employer may, at the employer's election, provide housing 
     that meets applicable Federal standards for temporary labor 
     camps or secure housing that meets applicable local standards 
     for rental or public accommodation housing or other 
     substantially similar class of habitation, or, in the absence 
     of applicable local standards, State standards for rental or 
     public accommodation housing or other substantially similar 
     class of habitation.
       (3) Workers engaged in the range production of livestock.--
     The Secretary shall issue regulations that address the 
     specific requirements for the provision of housing to workers 
     engaged in the range production of livestock.
       (4) Limitation.--Nothing in this subsection shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       (5) Charges for housing.--
       (A) Utilities and maintenance.--An employer who provides 
     housing to a worker pursuant to paragraph (1) may charge an 
     amount equal to the fair market value (but not greater than 
     the employer's actual cost) for maintenance and utilities, or 
     such lesser amount as permitted by law.
       (B) Security deposit.--An employer who provides housing to 
     workers pursuant to paragraph (1) may require, as a condition 
     for providing such housing, a deposit not to exceed $50 from 
     workers occupying such housing to protect against gross 
     negligence or willful destruction of property.
       (C) Damages.--An employer who provides housing to workers 
     pursuant to paragraph (1) may require a worker found to have 
     been responsible for damage to such housing which is not the 
     result of normal wear and tear related to habitation to 
     reimburse the employer for the reasonable cost of repair of 
     such damage.
       (6) Reduced user fee for workers provided housing.--An 
     employer shall receive a credit of 40 percent of the payment 
     otherwise due pursuant to section 218(b) of the Immigration 
     and Nationality Act on the earnings of alien workers to whom 
     the employer provides housing pursuant to paragraph (1).
       (7) Housing allowance as alternative.--
       (A) In general.--In lieu of offering housing pursuant to 
     paragraph (1), subject to subparagraphs (B) through (D), the 
     employer may on a case-by-case basis provide a reasonable 
     housing allowance. An employer who offers a housing allowance 
     to a worker pursuant to this subparagraph shall not be deemed 
     to be a housing provider under section 203 of the Migrant and 
     Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) 
     solely by virtue of providing such housing allowance.
       (B) Limitation.--At any time after the date that is 3 years 
     after the effective date of this title, the governor of the 
     State may certify to the Secretary that there is not 
     sufficient housing available in an area of intended 
     employment of migrant farm workers or aliens provided status 
     pursuant to this title who are seeking temporary housing 
     while employed at farm work. Such certification may be 
     canceled by the governor of the State at any time, and shall 
     expire after 5 years unless renewed by the governor of the 
     State.
       (C) Effect of certification.--If the governor of the State 
     makes the certification of insufficient housing described in 
     subparagraph (A) with respect to an area of employment, 
     employers of workers in that area of employment may not offer 
     the housing allowance described in subparagraph (A) after the 
     date that is 5 years after such certification of insufficient 
     housing for such area, unless the certification has expired 
     or been canceled pursuant to subparagraph (B).
       (D) Amount of allowance.--The amount of a housing allowance 
     under this paragraph shall be equal to the statewide average 
     fair market rental for existing housing for nonmetropolitan 
     counties for the State in which the employment occurs, as 
     established by the Secretary of Housing and Urban Development 
     pursuant to section 8(c) of the United States Housing Act of 
     1937 (42 U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit 
     and an assumption of 2 persons per bedroom.
       (c) Reimbursement of Transportation.--
       (1) To place of employment.--A worker who is referred to a 
     job opportunity under section __05(a), or an alien employed 
     pursuant to this title, who completes 50 percent of the 
     period of employment of the job opportunity for which the 
     worker was hired, may apply to the Secretary for 
     reimbursement of the cost of the worker's transportation and 
     subsistence from the worker's permanent place of residence 
     (or place of last employment, if the worker traveled from 
     such place) to the place of employment to which the worker 
     was referred under section __05(a).
       (2) From place of employment.--A worker who is referred to 
     a job opportunity under section __05(a), or an alien employed 
     pursuant to this title, who completes the period of 
     employment for the job opportunity involved, may apply to the 
     Secretary for reimbursement of the cost of the worker's 
     transportation and subsistence from the place of employment 
     to the worker's permanent place of residence (or place of 
     next employment, if the worker travels from the place of 
     current employment to a subsequent place of employment and is 
     otherwise ineligible for reimbursement under paragraph (1) 
     with respect to such subsequent place of employment).
       (3) Limitation.--
       (A) Amount of reimbursement.--Except as provided in 
     subparagraph (B), the amount of reimbursement provided under 
     paragraph (1) or (2) to a worker or alien shall not exceed 
     the lesser of--
       (i) the actual cost to the worker or alien of the 
     transportation and subsistence involved; or
       (ii) the most economical and reasonable transportation and 
     subsistence costs that would have been incurred had the 
     worker or alien used an appropriate common carrier, as 
     determined by the Secretary.
       (B) Distance traveled.--No reimbursement under paragraph 
     (1) or (2) shall be required if the distance traveled is 100 
     miles or less.
       (4) Use of trust fund.--Reimbursements made by the 
     Secretary to workers or aliens under this subsection shall be 
     considered to be administrative expenses for purposes of 
     section 218A(b)(4) of the Immigration and Nationality Act, as 
     added by this title.
       (d) Establishment of Pilot Program for Advancing 
     Transportation Costs.--
       (1) In general.--The Secretary shall establish a pilot 
     program for the issuance of vouchers to United States workers 
     who are referred to job opportunities under section __05(a) 
     for the purpose of enabling such workers to purchase common 
     carrier transportation to the place of employment.
       (2) Limitation.--A voucher may only be provided to a worker 
     under paragraph (1) if the job opportunity involved requires 
     that the worker temporarily relocate to a place of employment 
     that is more than 100 miles from the worker's permanent place 
     of residence or last place of employment, and the worker 
     attests that the worker cannot travel to the place of 
     employment without such assistance from the Secretary.
       (3) Number of vouchers.--The Secretary shall award vouchers 
     under the pilot program under paragraph (1) to workers 
     referred from each registry in proportion to the number of 
     workers registered with each such registry.
       (4) Reimbursement.--
       (A) Use of trust fund.--Reimbursements for the cost of 
     vouchers provided by the Secretary under this subsection for 
     workers who complete at least 50 percent of the period of 
     employment of the job opportunity for which the worker was 
     hired shall be considered to be administrative expenses for 
     purposes of section 218A(b)(4) of the Immigration and 
     Nationality Act, as added by this title.
       (B) Of secretary.--A worker who receives a voucher under 
     this subsection who fails to complete at least 50 percent of 
     the period of employment of the job opportunity for which the 
     worker was hired under the job opportunity involved shall 
     reimburse the Secretary for the cost of the voucher.
       (5) Report and continuation of program.--
       (A) Collection of data.--The Secretary shall collect data 
     on--
       (i) the extent to which workers receiving vouchers under 
     this subsection report, in a timely manner, to the jobs to 
     which such workers have been referred;
       (ii) whether such workers complete the job opportunities 
     involved; and
       (iii) the extent to which such workers do not complete at 
     least 50 percent of the period of employment the job 
     opportunities for which the workers were hired.
       (B) Report.--Not later than 6 months after the expiration 
     of the second fiscal year during which the program under this 
     subsection is in operation, the Secretary, in consultation 
     with the Secretary of Agriculture, shall prepare and submit 
     to the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives, a 
     report, based on the data collected under subparagraph (A), 
     concerning the results of the program established under this 
     section. Such report shall contain the recommendations of the 
     Secretary concerning the termination or continuation of such 
     program.
       (C) Termination of program.--The recommendations of the 
     Secretary in the report submitted under subparagraph (B) 
     shall become effective upon the expiration of the 90-day 
     period beginning on the date on which such report is 
     submitted unless Congress enacts a joint resolution 
     disapproving such recommendations.
       (d) Continuing Obligation To Employ United States 
     Workers.--
       (1) In general.--An employer that applies for registered 
     workers under section __04(a) shall, as a condition for the 
     approval of such application, continue to offer employment to 
     qualified, eligible United States workers who are referred 
     under section __05(b) after the employer receives the report 
     described in section __05(b).
       (2) Limitation.--An employer shall not be obligated to 
     comply with paragraph (1)--
       (A) after 50 percent of the anticipated period of 
     employment shown on the employer's application under section 
     __04(a) has elapsed; or
       (B) during any period in which the employer is employing no 
     aliens in the occupation for which the United States worker 
     was referred; or
       (C) during any period when the Secretary is conducting a 
     search of a registry for job opportunities in the occupation 
     and area of intended employment to which the worker has been 
     referred, or other occupations in the area of intended 
     employment for which

[[Page S8797]]

     the worker is qualified that offer substantially similar 
     terms and conditions of employment.
       (3) Limitation on requirement to provide housing.--
     Notwithstanding any other provision of this title, an 
     employer to whom a registered worker is referred pursuant to 
     paragraph (1) may provide a reasonable housing allowance to 
     such referred worker in lieu of providing housing if the 
     employer does not have sufficient housing to accommodate the 
     referred worker and all other workers for whom the employer 
     is providing housing or has committed to provide housing.
       (4) Referral of workers during 50-percent period.--The 
     Secretary shall make all reasonable efforts to place a 
     registered worker in an open job acceptable to the worker, 
     including available jobs not listed on the registry, before 
     referring such worker to an employer for a job opportunity 
     already filled by, or committed to, an alien admitted 
     pursuant to this title.

     SEC. __08. ENFORCEMENT AND PENALTIES.

       (a) Enforcement Authority.--
       (1) Investigation of complaints.--
       (A) In general.--The Secretary shall establish a process 
     for the receipt, investigation, and disposition of complaints 
     respecting an employer's failure to meet a condition 
     specified in section __04 or an employer's misrepresentation 
     of material facts in an application under that section. 
     Complaints may be filed by any aggrieved person or any 
     organization (including bargaining representatives). No 
     investigation or hearing shall be conducted on a complaint 
     concerning such a failure or misrepresentation unless the 
     complaint was filed not later than 12 months after the date 
     of the failure or misrepresentation, as the case may be. The 
     Secretary shall conduct an investigation under this paragraph 
     if there is reasonable cause to believe that such a failure 
     or misrepresentation has occurred.
       (B) Statutory construction.--Nothing in this title limits 
     the authority of the Secretary of Labor to conduct any 
     compliance investigation under any other labor law, including 
     any law affecting migrant and seasonal agricultural workers 
     or, in the absence of a complaint under this paragraph, under 
     this title.
       (2) Written notice of finding and opportunity for appeal.--
     After an investigation has been conducted, the Secretary 
     shall issue a written determination as to whether or not any 
     violation described in subsection (b) has been committed. The 
     Secretary's determination shall be served on the complainant 
     and the employer, and shall provide an opportunity for an 
     appeal of the Secretary's decision to an administrative law 
     judge, who may conduct a de novo hearing.
       (b) Remedies.--
       (1) Back wages.--Upon a final determination that the 
     employer has failed to pay wages as required under this 
     section, the Secretary may assess payment of back wages due 
     to any United States worker or alien described in section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     employed by the employer in the specific employment in 
     question. The back wages shall be equal to the difference 
     between the amount that should have been paid and the amount 
     that actually was paid to such worker.
       (2) Failure to pay wages.--Upon a final determination that 
     the employer has failed to pay the wages required under this 
     title, the Secretary may assess a civil money penalty up to 
     $1,000 for each failure, and may recommend to the Attorney 
     General the disqualification of the employer from the 
     employment of aliens described in section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     for a period of time determined by the Secretary not to 
     exceed 1 year.
       (3) Other violations.--If the Secretary, as a result of an 
     investigation pursuant to a complaint, determines that an 
     employer covered by an application under section __04(a) 
     has--
       (A) filed an application that misrepresents a material 
     fact; or
       (B) failed to meet a condition specified in section __04,

     the Secretary may assess a civil money penalty not to exceed 
     $1,000 for each violation and may recommend to the Attorney 
     General the disqualification of the employer for substantial 
     violations in the employment of any United States workers or 
     aliens described in section 101(a)(15)(ii)(a) of the 
     Immigration and Nationality Act for a period of time 
     determined by the Secretary not to exceed 1 year. In 
     determining the amount of civil money penalty to be assessed 
     or whether to recommend disqualification of the employer, the 
     Secretary shall consider the seriousness of the violation, 
     the good faith of the employer, the size of the business of 
     the employer being charged, the history of previous 
     violations by the employer, whether the employer obtained a 
     financial gain from the violation, whether the violation was 
     willful, and other relevant factors.
       (4) Program disqualification.--
       (A) 3 years for second violation.--Upon a second final 
     determination that an employer has failed to pay the wages 
     required under this title or committed other substantial 
     violations under paragraph (3), the Secretary shall report 
     such determination to the Attorney General and the Attorney 
     General shall disqualify the employer from the employment of 
     aliens described in section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act for a period of 3 years.
       (B) Permanent for third violation.--Upon a third final 
     determination that an employer has failed to pay the wages 
     required under this section or committed other substantial 
     violations under paragraph (3), the Secretary shall report 
     such determination to the Attorney General, and the Attorney 
     General shall disqualify the employer from any subsequent 
     employment of aliens described in section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act.
       (c) Role of Associations.--
       (1) Violation by a member of an association.--An employer 
     on whose behalf an application is filed by an association 
     acting as its agent is fully responsible for such 
     application, and for complying with the terms and conditions 
     of this title, as though the employer had filed the 
     application itself. If such an employer is determined to have 
     violated a requirement of this section, the penalty for such 
     violation shall be assessed against the employer who 
     committed the violation and not against the association or 
     other members of the association.
       (2) Violation by an association acting as an employer.--If 
     an association filing an application on its own behalf as an 
     employer is determined to have committed a violation under 
     this subsection which results in disqualification from the 
     program under subsection (b), no individual member of such 
     association may be the beneficiary of the services of an 
     alien described in section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act in an occupation in which 
     such alien was employed by the association during the period 
     such disqualification is in effect, unless such member files 
     an application as an individual employer or such application 
     is filed on the employer's behalf by an association with 
     which the employer has an agreement that the employer will 
     comply with the requirements of this title.

     SEC. __09. ALTERNATIVE PROGRAM FOR THE ADMISSION OF TEMPORARY 
                   H-2A WORKERS.

       (a) Amendments to the Immigration and Nationality Act.--
       (1) Election of procedures.--Section 214(c)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) is 
     amended--
       (A) by striking the fifth and sixth sentences;
       (B) by striking ``(c)(1) The'' and inserting ``(c)(1)(A) 
     Except as provided in subparagraph (B), the''; and
       (C) by adding at the end the following new subparagraph:
       ``(B) Notwithstanding subparagraph (A), in the case of the 
     importing of any nonimmigrant alien described in section 
     101(a)(15)(H)(ii)(a), the importing employer may elect to 
     import the alien under the procedures of section 218 or 
     section 218A, except that any employer that applies for 
     registered workers under section __04(a) of the Agricultural 
     Job Opportunity Benefits and Security Act of 1998 shall 
     import nonimmigrants described in section 
     101(a)(15)(H)(ii)(a) only in accordance with section 218A. 
     For purposes of subparagraph (A), with respect to the 
     importing of nonimmigrants under section 218, the term 
     `appropriate agencies of Government' means the Department of 
     Labor and includes the Department of Agriculture.''.
       (2) Alternative program.--The Immigration and Nationality 
     Act is amended by inserting after section 218 (8 U.S.C. 1188) 
     the following new section:


   ``ALTERNATIVE PROGRAM FOR THE ADMISSION OF TEMPORARY H-2A WORKERS

       ``Sec. 218A. (a) Procedure for Admission or Extension of 
     Aliens.--
       ``(1) Aliens who are outside the united states.--
       ``(A) Criteria for admissibility.--
       ``(i) In general.--An alien described in section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     shall be admissible under this section if the alien is 
     designated pursuant to section __06 of the Agricultural Job 
     Opportunity Benefits and Security Act of 1998, otherwise 
     admissible under this Act, and the alien is not ineligible 
     under clause (ii).
       ``(ii) Disqualification.--An alien shall be ineligible for 
     admission to the United States or being provided status under 
     this section if the alien has, at any time during the past 5 
     years--

       ``(I) violated a material provision of this section, 
     including the requirement to promptly depart the United 
     States when the alien's authorized period of admission under 
     this section has expired; or
       ``(II) otherwise violated a term or condition of admission 
     to the United States as a nonimmigrant, including overstaying 
     the period of authorized admission as such a nonimmigrant.

       ``(iii) Initial waiver of ineligibility for unlawful 
     presence.--An alien who has not previously been admitted to 
     the United States pursuant to this section, and who is 
     otherwise eligible for admission in accordance with clauses 
     (i) and (ii), shall not be deemed inadmissible by virtue of 
     section 212(a)(9)(B).
       ``(B) Period of admission.--The alien shall be admitted for 
     the period requested by the employer not to exceed 10 months, 
     or the ending date of the anticipated period of employment on 
     the employer's application for registered workers, whichever 
     is less, plus an additional period of 14 days, during which 
     the alien shall seek authorized employment in the United 
     States. During the 14-day period following the expiration of 
     the alien's work authorization, the alien is not authorized 
     to be employed unless an employer who

[[Page S8798]]

     is authorized to employ such worker has filed an extension of 
     stay on behalf of the alien pursuant to paragraph (2).
       ``(C) Abandonment of employment.--
       ``(i) In general.--An alien admitted or provided status 
     under this section who abandons the employment which was the 
     basis for such admission or providing status shall be 
     considered to have failed to maintain nonimmigrant status as 
     an alien described in section 101(a)(15)(H)(ii)(a) and shall 
     depart the United States or be subject to removal under 
     section 237(a)(1)(C)(i).
       ``(ii) Report by employer.--The employer (or association 
     acting as agent for the employer) shall notify the Attorney 
     General within 7 days of an alien admitted or provided status 
     under this Act pursuant to an application to the Secretary of 
     Labor under section __06 of the Agricultural Job Opportunity 
     Benefits and Security Act of 1998 by the employer who 
     prematurely abandons the alien's employment.
       ``(D) Issuance of identification and employment eligibility 
     document.--
       ``(i) In general.--The Attorney General shall cause to be 
     issued to each alien admitted under this section a card in a 
     form which is resistant to counterfeiting and tampering for 
     the purpose of providing proof of identity and employment 
     eligibility under section 274A.
       ``(ii) Design of card.--Each card issued pursuant to clause 
     (i) shall be designed in such a manner and contain a 
     photograph and other identifying information (such as date of 
     birth, sex, and distinguishing marks) that would allow an 
     employer to determine with reasonable certainty that the 
     bearer is not claiming the identity of another individual, 
     and shall--

       ``(I) specify the date of the alien's acquisition of status 
     under this section;
       ``(II) specify the expiration date of the alien's work 
     authorization; and
       ``(III) specify the alien's admission number or alien file 
     number.

       ``(2) Extension of stay of aliens in the united states.--
       ``(A) Extension of stay.--If an employer with respect to 
     whom a report or application described in section __06(a)(1) 
     of the Agricultural Job Opportunity Benefits and Security Act 
     of 1998 has been submitted seeks to employ an alien who has 
     acquired status under this section and who is present in the 
     United States, the employer shall file with the Attorney 
     General an application for an extension of the alien's stay 
     or a change in the alien's authorized employment. The 
     application shall be accompanied by a copy of the appropriate 
     report or application described in section __06 of the 
     Agricultural Job Opportunity Benefits and Security Act of 
     1998.
       ``(B) Limitation on filing an application for extension of 
     stay.--An application may not be filed for an extension of an 
     alien's stay for a period of more than 10 months, or later 
     than a date which is 3 years from the date of the alien's 
     last admission to the United States under this section, 
     whichever occurs first.
       ``(C) Work authorization upon filing an application for 
     extension of stay.--An employer may begin employing an alien 
     who is present in the United States who has acquired status 
     under this Act on the day the employer files an application 
     for extension of stay. For the purpose of this requirement, 
     the term `filing' means sending the application by certified 
     mail via the United States Postal Service, return receipt 
     requested, or delivered by guaranteed commercial delivery 
     which will provide the employer with a documented 
     acknowledgment of the date of sending and receipt of the 
     application. The employer shall provide a copy of the 
     employer's application to the alien, who shall keep the 
     application with the alien's identification and employment 
     eligibility document as evidence that the application has 
     been filed and that the alien is authorized to work in the 
     United States. Upon approval of an application for an 
     extension of stay or change in the alien's authorized 
     employment, the Attorney General shall provide a new or 
     updated employment eligibility document to the alien 
     indicating the new validity date, after which the alien is 
     not required to retain a copy of the application.
       ``(D) Limitation on employment authorization of aliens 
     without valid identification and employment eligibility 
     card.--An expired identification and employment eligibility 
     document, together with a copy of an application for 
     extension of stay or change in the alien's authorized 
     employment, shall constitute a valid work authorization 
     document for a period of not more than 60 days from the date 
     of application for the extension of stay, after which time 
     only a currently valid identification and employment 
     eligibility document shall be acceptable.
       ``(E) Limitation on an individual's stay in status.--An 
     alien having status under this section may not have the 
     status extended for a continuous period longer than 3 years 
     unless the alien remains outside the United States for an 
     uninterrupted period of 6 months. An absence from the United 
     States may break the continuity of the period for which a 
     nonimmigrant visa issued under section 101(a)(15)(H)(ii)(a) 
     is valid. If the alien has resided in the United States 10 
     months or less, an absence breaks the continuity of the 
     period if its lasts for at least 2 months. If the alien has 
     resided in the United States 10 months or more, an absence 
     breaks the continuity of the period if it lasts for at least 
     one-fifth the duration of the stay.
       ``(b) Trust Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     of the United States a trust fund (in this section referred 
     to as the `Trust Fund') for the purpose of funding the costs 
     of administering this section and, in the event of an adverse 
     finding by the Attorney General under subsection (c), for the 
     purpose of providing a monetary incentive for aliens 
     described in section 101(a)(15)(H)(ii)(a) to return to their 
     country of origin upon expiration of their visas under this 
     section.
       ``(2) Transfers to trust fund.--
       ``(A) In general.--There is appropriated to the Trust Fund 
     amounts equivalent to the sum of the following:
       ``(i) Such employers shall pay to the Secretary of the 
     Treasury a user fee in an amount equivalent to so much of the 
     Federal tax that is not transferred to the States on the 
     earnings of such aliens that the employer would be obligated 
     to pay under the Federal Unemployment Tax Act and the Federal 
     Insurance Contributions Act if the earnings were subject to 
     such Acts. Such payment shall be in lieu of any other 
     employer fees for the benefits provided to employers pursuant 
     to this Act or in connection with the admission of aliens 
     pursuant to section 218A.
       ``(ii) In the event of an adverse finding by the Attorney 
     General under subsection (c), employers of aliens under this 
     section shall withhold from the wages of such aliens an 
     amount equivalent to 20 percent of the earnings of each alien 
     and pay such withheld amount to the Secretary of the 
     Treasury.
       ``(B) Treatment of amounts.--Amounts paid to the Secretary 
     of the Treasury under subparagraph (A) shall be treated as 
     employment taxes for purposes of subtitle C of the Internal 
     Revenue Code of 1986.
       ``(C) Treatment as offsetting receipts.--Amounts 
     appropriated to the Trust Fund under this paragraph shall be 
     treated as offsetting receipts.
       ``(3) Administrative expenses.--Amounts transferred to the 
     Trust Fund pursuant to paragraph (2)(A)(ii), shall, without 
     further appropriation, be paid to the Attorney General, the 
     Secretary of Labor, the Secretary of State, and the Secretary 
     of Agriculture in amounts equivalent to the expenses incurred 
     by such officials in the administration of section 
     101(a)(15)(H)(ii)(a) and this section.
       ``(4) Distribution of funds.--In the event of an adverse 
     finding by the Attorney General under subsection (c), amounts 
     transferred to the Trust Fund pursuant to paragraph 
     (2)(A)(ii), and interest earned thereon under paragraph (6), 
     shall be held on behalf of an alien and shall be available, 
     without further appropriation, to the Attorney General for 
     payment to the alien if--
       ``(A) the alien applies to the Attorney General (or the 
     designee of the Attorney General) for payment within 30 days 
     of the expiration of the alien's last authorized stay in the 
     United States;
       ``(B) in such application the alien establishes that the 
     alien has complied with the terms and conditions of this 
     section; and
       ``(C) in connection with the application, the alien tenders 
     the identification and employment authorization card issued 
     to the alien pursuant to subsection (a)(1)(D) and establishes 
     that the alien is identified as the person to whom the card 
     was issued based on the biometric identification information 
     contained on the card.
       ``(5) Migrant agricultural worker housing.--Such funds as 
     remain in the Trust Fund after the payments described in 
     paragraph (4) shall be used by the Secretary of Agriculture, 
     in consultation with the Secretary, for the purpose of 
     increasing the stock of in-season migrant worker housing in 
     areas where such housing is determined to be insufficient to 
     meet the needs of migrant agricultural workers, including 
     aliens admitted under this section.
       ``(6) Regulations.--The Secretary of the Treasury, in 
     consultation with the Attorney General, shall prescribe 
     regulations to carry out this subsection.
       ``(7) Investment of portion of trust fund.--
       ``(A) In general.--It shall be the duty of the Secretary of 
     the Treasury to invest such portion of the amounts 
     transferred to the Trust Fund pursuant to paragraph 
     (2)(A)(i), and, if applicable, paragraph (2)(A)(ii), as is 
     not, in the Secretary's judgment, required to meet current 
     withdrawals. Such investments may be made only in interest-
     bearing obligations of the United States or in obligations 
     guaranteed as to both principal and interest by the United 
     States. For such purpose, such obligations may be acquired--
       ``(i) on original issue at the price; or
       ``(ii) by purchase of outstanding obligations at the market 
     price.

     The purposes for which obligations of the United States may 
     be issued under chapter 31 of title 31, United States Code, 
     are hereby extended to authorize the issuance at par of 
     special obligations exclusively to the Trust Fund. Such 
     special obligations shall bear interest at a rate equal to 
     the average rate of interest, computed as to the end of the 
     calendar month next preceding the date of such issue, borne 
     by all marketable interest-bearing obligations of the United 
     States then forming a part of the public debt, except that 
     where such average rate is not a multiple of one-eighth of 1 
     percent next lower than such average rate. Such special 
     obligations shall be issued only if the Secretary of the 
     Treasury determines that the purchase of other interest-
     bearing obligations of the United States, or of obligations 
     guaranteed as to

[[Page S8799]]

     both principal and interest by the United States on original 
     issue or at the market price, is not in the public interest.
       ``(B) Sale of obligation.--Any obligation acquired by the 
     Trust Fund (except special obligations issued exclusively to 
     the Trust Fund) may be sold by the Secretary of the Treasury 
     at the market price, and such special obligations may be 
     redeemed at par plus accrued interest.
       ``(C) Credits to trust fund.--The interest on, and the 
     proceeds from the sale or redemption of, any obligations held 
     in the Trust Fund shall be credited to and form a part of the 
     amounts transferred to the Trust Fund pursuant to paragraph 
     (2)(A)(i).
       ``(D) Report to congress.--It shall be the duty of the 
     Secretary of the Treasury to hold the Trust Fund, and (after 
     consultation with the Attorney General) to report to the 
     Congress each year on the financial condition and the results 
     of the operations of the Trust Fund during the preceding 
     fiscal year and on its expected condition and operations 
     during the next fiscal year. Such report shall be printed as 
     both a House and a Senate document of the session of the 
     Congress to which the report is made.
       ``(c) Study by the Attorney General.--The Attorney General 
     shall conduct a study to determine whether aliens under this 
     section depart the United States in a timely manner upon the 
     expiration of their period of authorized stay. If the 
     Attorney General finds that a significant number of aliens do 
     not so depart and that a financial inducement is necessary to 
     assure such departure, then the Attorney General shall so 
     report to Congress and, upon receipt of the report, 
     subsections (b)(2)(A)(ii) and (b)(4) shall take effect.''.
       (b) No Family Members Permitted.--Section 101(a)(15)(H) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) 
     is amended by striking ``specified in this paragraph'' and 
     inserting ``specified in this subparagraph (other than in 
     clause (ii)(a))''.
       (c) Conforming Amendment.--The table of contents of the 
     Immigration and Nationality Act is amended by inserting after 
     the item relating to section 218 the following new item:

``Sec. 218A. Alternative program for the admission of H-2A workers.''.

       (d) Repeal and Additional Conforming Amendments.--
       (1) Repeal.--Section 218 of the Immigration and Nationality 
     Act is repealed.
       (2) Technical amendments.--(A) Section 218A of the 
     Immigration and Nationality Act is redesignated as section 
     218.
       (B) The table of contents of that Act is amended by 
     striking the item relating to section 218A.
       (C) The section heading for section 218 of that Act is 
     amended by striking ``alternative program for''.
       (3) Termination of employer election.--Section 214(c)(1)(B) 
     of the Immigration and Nationality Act is amended to read as 
     follows:
       ``(B) Notwithstanding subparagraph (A), the procedures of 
     section 218 shall apply to the importing of any nonimmigrant 
     alien described in section 101(a)(15)(H)(ii)(a).''.
       (4) Maintenance of certain section 218 provisions.--Section 
     218 (as redesignated by paragraph (2) of this subsection) is 
     amended by adding at the end the following:
       ``(d) Miscellaneous Provisions.--(1) The Attorney General 
     shall provide for such endorsement of entry and exit 
     documents of nonimmigrants described in section 
     101(a)(15)(H)(ii) as may be necessary to carry out this 
     section and to provide notice for purposes of section 274A.
       ``(2) The provisions of subsections (a) and (c) of section 
     214 and the provisions of this section preempt any State or 
     local law regulating admissibility of nonimmigrant 
     workers.''.
       (5) Effective date.--The repeal and amendments made by this 
     subsection shall take effect 5 years after the date of 
     enactment of this title.

     SEC. __10. INCLUSION IN EMPLOYMENT-BASED IMMIGRATION 
                   PREFERENCE ALLOCATION.

       (a) Amendment of the Immigration and Nationality Act.--
     Section 203(b)(3)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(b)(3)(A)) is amended--
       (1) by redesignating clause (iii) as clause (iv); and
       (2) by inserting after clause (ii) the following:
       ``(iii) Agricultural workers.--Qualified immigrants who 
     have completed at least 6 months of work in the United States 
     in each of 4 consecutive calendar years under section 
     101(a)(15)(H)(ii)(a), and have complied with all terms and 
     conditions applicable to that section.''.
       (b) Conforming Amendment.--Section 203(b)(3)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(b)(3)(A)) is 
     amended by striking ``subparagraph (A)(iii)'' and inserting 
     ``subparagraph (A)(iv)''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply to aliens described in section 
     101(a)(15)(H)(ii)(a) admitted to the United States before, 
     on, or after the effective date of this title.

     SEC. __11. MIGRANT AND SEASONAL HEAD START PROGRAM.

       (a) In General.--Section 637(12) of the Head Start Act (42 
     U.S.C. 9832(12)) is amended--
       (1) by inserting ``and seasonal'' after ``migrant''; and
       (2) by inserting before the period the following: ``, or 
     families whose incomes or labor is primarily dedicated to 
     performing seasonal agricultural labor for hire but whose 
     places of residency have not changed to another geographic 
     location in the preceding 2-year period''.
       (b) Funds Set-Aside.--Section 640(a) (42 U.S.C. 9835(a)) is 
     amended--
       (1) in paragraph (2), strike ``13'' and insert ``14'';
       (2) in paragraph (2)(A), by striking ``1994'' and inserting 
     ``1998''; and
       (3) by adding at the end the following new paragraph:
       ``(8) In determining the need for migrant and seasonal Head 
     Start programs and services, the Secretary shall consult with 
     the Secretary of Labor, other public and private entities, 
     and providers. Notwithstanding paragraph (2)(A), after 
     conducting such consultation, the Secretary shall further 
     adjust the amount available for such programs and services, 
     taking into consideration the need and demand for such 
     services.''.

     SEC. __12. REGULATIONS.

       (a) Regulations of the Attorney General.--The Attorney 
     General shall consult with the Secretary and the Secretary of 
     Agriculture on all regulations to implement the duties of the 
     Attorney General under this title.
       (b) Regulations of the Secretary of State.--The Secretary 
     of State shall consult with the Attorney General on all 
     regulations to implement the duties of the Secretary of State 
     under this title.

     SEC. __13. FUNDING FROM WAGNER-PEYSER ACT.

       If additional funds are necessary to pay the start-up costs 
     of the registries established under section __03(a), such 
     costs may be paid out of amounts available to Federal or 
     State governmental entities under the Wagner-Peyser Act (29 
     U.S.C. 49 et seq.).

     SEC. __14. REPORT TO CONGRESS.

       Not later than 3 years after the date of enactment of this 
     Act and 5 years after the date of enactment of this Act, the 
     Attorney General and the Secretaries of Agriculture and Labor 
     shall jointly prepare and transmit to Congress a report 
     describing the results of a review of the implementation of 
     and compliance with this title. The report shall address--
       (1) whether the program has ensured an adequate and timely 
     supply of qualified, eligible workers at the time and place 
     needed by employers;
       (2) whether the program has ensured that aliens admitted 
     under this program are employed only in authorized 
     employment, and that they timely depart the United States 
     when their authorized stay ends;
       (3) whether the program has ensured that participating 
     employers comply with the requirements of the program with 
     respect to the employment of United States workers and aliens 
     admitted under this program;
       (4) whether the program has ensured that aliens admitted 
     under this program are not displacing eligible, qualified 
     United States workers or diminishing the wages and other 
     terms and conditions of employment of eligible United States 
     workers;
       (5) whether the housing provisions of this program ensure 
     that adequate housing is available to workers employed under 
     this program who are required to be provided housing or a 
     housing allowance; and
       (6) recommendations for improving the operation of the 
     program for the benefit of participating employers, eligible 
     United States workers, participating aliens, and governmental 
     agencies involved in administering the program.

     SEC. __15. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect 180 days after the date of enactment of this title.
                                 ______
                                 

                 INHOFE (AND OTHERS) AMENDMENT NO. 3259

  (Ordered to lie on the table.)
  Mr. WARNER (for Mr. Inhofe, for himself, Mr. Brownback, and Mr. 
Warner) submitted an amendment intended to be proposed by them to the 
bill, S. 2260, supra; as follows:

       On page 62, lines 3 through 16, strike ``That if the 
     standard build-out'' and all that follows through ``covered 
     by those costs.'' and insert the following: ``That the 
     standard build-out costs of the Patent and Trademark Office 
     shall not exceed $36.69 per occupiable square foot for 
     office-type space (which constitutes the amount specified in 
     the Advanced Acquisition program of the General Services 
     Administration) and shall not exceed an aggregate amount 
     equal to $88,000,000: Provided further, That the moving costs 
     of the Patent and Trademark Office (which shall include the 
     costs of moving furniture, telephone, and data installation) 
     shall not exceed $135,000,000: Provided further, That the 
     portion of the moving costs referred to in the preceding 
     proviso that may be used for alterations that are above 
     standard costs may not exceed $29,000,000.''.
                                 ______
                                 

                 DURBIN (AND OTHERS) AMENDMENT NO. 3260

  Mr. DURBIN (for himself, Mr. Chafee, Ms. Moseley-Braun, Mr. 
Lautenberg, and Mrs. Feinstein) proposed an amendment to the bill, S. 
2260, supra; as follows:

       At the appropriate place in title I of the bill, insert the 
     following:

[[Page S8800]]

     SEC. __. CHILDREN AND FIREARMS SAFETY.

       (a) Secure Gun Storage or Safety Device.--Section 921(a) of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``(34) The term `secure gun storage or safety device' 
     means--
       ``(A) a device that, when installed on a firearm, prevents 
     the firearm from being operated without first deactivating or 
     removing the device;
       ``(B) a device incorporated into the design of the firearm 
     that prevents the operation of the firearm by anyone not 
     having access to the device; or
       ``(C) a safe, gun safe, gun case, lock box, or other device 
     that is designed to be or can be used to store a firearm and 
     that can be unlocked only by means of a key, a combination, 
     or other similar means.''.
       (b) Prohibition and Penalties.--Section 922 of title 18, 
     United States Code, is amended by inserting after subsection 
     (x) the following:
       ``(y) Prohibition Against Giving Juveniles Access to 
     Certain Firearms.--
       ``(1) Definition of juvenile.--In this subsection, the term 
     `juvenile' means an individual who has not attained the age 
     of 18 years.
       ``(2) Prohibition.--Except as provided in paragraph (3), 
     any person that--
       ``(A) keeps a loaded firearm, or an unloaded firearm and 
     ammunition for the firearm, any of which has been shipped or 
     transported in interstate or foreign commerce or otherwise 
     substantially affects interstate or foreign commerce, within 
     any premise that is under the custody or control of that 
     person; and
       ``(B) knows, or reasonably should know, that a juvenile is 
     capable of gaining access to the firearm without the lawful 
     permission of the parent or legal guardian of the juvenile;

     shall, if a juvenile obtains access to the firearm and 
     thereby causes death or bodily injury to the juvenile or to 
     any other person, or exhibits the firearm either in a public 
     place, or in violation of subsection (q), be imprisoned not 
     more than 1 year, fined not more than $10,000, or both.
       ``(3) Exceptions.--Paragraph (2) does not apply if--
       ``(A) the person uses a secure gun storage or safety device 
     for the firearm;
       ``(B) the person is a peace officer, a member of the Armed 
     Forces, or a member of the National Guard, and the juvenile 
     obtains the firearm during, or incidental to, the performance 
     of the official duties of the person in that capacity;
       ``(C) the juvenile obtains, or obtains and discharges, the 
     firearm in a lawful act of self-defense or defense of 1 or 
     more other persons;
       ``(D) the person has no reasonable expectation, based on 
     objective facts and circumstances, that a juvenile is likely 
     to be present on the premises on which the firearm is kept; 
     or
       ``(E) the juvenile obtains the firearm as a result of an 
     unlawful entry to the premises by any person.''.
       (c) Role of Licensed Firearms Dealers.--Section 926 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``(d) The Secretary shall ensure that a copy of section 
     922(y) appears on the form required to be obtained by a 
     licensed dealer from a prospective transferee of a 
     firearm.''.
       (d) No Effect on State Law.--Nothing in this section or the 
     amendments made by this section shall be construed to preempt 
     any provision of the law of any State, the purpose of which 
     is to prevent children from injuring themselves or others 
     with firearms.
                                 ______
                                 

                        CRAIG AMENDMENT NO. 3261

  Mr. CRAIG proposed an amendment to the bill, S. 2260, supra; as 
follows:

     ``  . INTENSIVE FIREARMS ENFORCEMENT INITIATIVES.

       (a)(1) The Secretary of the Treasury shall endeavor to 
     expand the number of cities and counties directly 
     participating in the Youth Crime Gun Interdiction Initiative, 
     as enhanced in this section, (and referred hereafter to as 
     ``YCGII/Exile'') to 50 cities or counties by October 1, 2000, 
     to 75 cities or counties by October 1, 2002, and to 150 
     cities or counties by October 1, 2003.
       (2) Cities and counties selected for participation in the 
     YCGII/Exile shall be selected by the Secretary of the 
     Treasury and in consultation with Federal, State and local 
     law enforcement officials. Not later than February 1, 1999, 
     the Secretary shall deliver to the Congress, through the 
     Chairman of each Committee on Appropriations, a full report, 
     empirically based, explaining the impact of the program 
     before the enhancements set out in section on the firearms 
     related offenses, as well as detailing the plans by the 
     Secretary to implement this section.
       (h)(1) The Secretary of the Treasury shall, utilizing the 
     information provided by the YCGII/Exile, facilitate the 
     identification and prosecution of individuals--
       (A) Illegally transferring firearms to individuals, 
     particularly to those who have not attained 24 years of age, 
     or in violation of the Youth Handgun Safety Act; and
       (B) illegally possessing firearms, particularly in 
     violation of 18 U.S.C. Sec. 922 (g)(1)-(2), or in violation 
     of any provision in 18 U.S.C. Sec. 924 in connection with a 
     serious drug offense or violent felony, as those terms are 
     used in that section.
       (2) The Secretary of the Treasury shall, commencing October 
     1, 1998, and in consultation with the Attorney General, the 
     United States Attorney for the Eastern District of 
     Pennsylvania, the State of Pennsylvania, the City of 
     Philadelphia and other local government for such District, 
     establish a demonstration program, the objective of which 
     shall be the intensive identification, apprehension, and 
     prosecution of persons in possession of firearm in violation 
     of 18 U.S.C. Sec. 922 (g)(1)-(2), or in violation of any 
     provision in 18 U.S.C. Sec. 924 in connection with a serious 
     drug offense or violent felony, as those terms are used in 
     that section. The program shall be at last two years in 
     duration, and the Secretary shall report to Congress on an 
     annual basis on the results of these efforts, including any 
     empirically observed affects on gun related crime in the 
     District.
       (3) The Attorney General, and the United States Attorneys, 
     shall give the highest possible prosecution priority to the 
     offense stated in this subsection.
       (4) The Secretary of the Treasury shall share information 
     derived from the YCGII/Exile with State and local law 
     enforcement agencies through on-line computer access, as soon 
     as such capability is available.
       (c)(1) The Secretary of the Treasury shall award grants (in 
     the form of funds or equipment) to States, cities, and 
     counties for purposes of assisting such entities in the 
     tracing of firearms and participation in the YCGII/Exile.
       (2) Grants made under this part shall be used--
       (A) to hire additional law enforcement personnel for the 
     purpose of enhanced efforts in identifying and arresting 
     individuals for the firearms offenses stated in subsection 
     (b): and
       (B) to purchase additional equipment, including automatic 
     data processing equipment and computer software and hardware, 
     for the timely submission and analysis of tracing data.''.
                                 ______
                                 

                 BUMPERS (AND HATCH) AMENDMENT NO. 3262

  Mr. BUMPERS (for himself and Mr. Hatch) proposed an amendment to the 
bill, S. 2260, supra; as follows:

       At the appropriate place add the following:

     ``SEC.   . REPORT BY THE JUDICIAL CONFERENCE.

       ``(a) Not later than September 1, 1999, the Judicial 
     Conference of the United States shall prepare and submit to 
     the Committees on Appropriations of the Senate and of the 
     House of Representatives, and to the Committees on the 
     Judiciary of the Senate and the House of Representatives, a 
     report evaluating whether an amendment to Rule 6 of the 
     Federal Rules of Criminal Procedure permitting the presence 
     in the grand jury room of counsel for a witness who is 
     testifying before the grand jury would further the interests 
     of justice and law enforcement.
       (b) In preparing the report referred to in paragraph (a) of 
     this section the Judicial Conference shall consider the views 
     of the Department of Justice, the organized Bar, the academic 
     legal community, and other interested parties.
       (c) Nothing in this section shall require the Judicial 
     Conference to submit recommendations to the Congress in 
     accordance with the Rules Enabling Act, nor prohibit the 
     Conference from doing so.
                                 ______
                                 

                       BUMPERS AMENDMENT NO. 3263

  Mr. BUMPERS proposed an amendment to the bill, S. 2260, supra; as 
follows:

       At the appropriate place add the following:
       ``Sec.   . Subsection 2(d) of Section 2511 of title 18, 
     United States Code, is amended to read as follows:
       ``2(d)(i) Except as prohibited by subsection (ii), it shall 
     not be unlawful under this chapter for a person not acting 
     under color of law to intercept a wire, oral, or electronic 
     communication where such person is a party to the 
     communication or where one of the parties to the 
     communication has given prior consent to such interception 
     unless such communication is intercepted for the purpose of 
     committing any criminal or tortious act in violation of the 
     Constitution or laws of the United States or of any State.
       ``(ii) It shall be unlawful under this chapter for a person 
     not acting under color of law to intercept a telephone 
     communication unless--
       ``(A) all parties to the communication have given prior 
     consent to such interception, unless such communication is 
     intercepted for the purpose of committing any criminal or 
     tortious act in violation of the Constitution or laws of the 
     United States;
       ``(B) such person is an employer, or the officer or agent 
     of an employer, engaged in lawful electronic monitoring of 
     its employees' communications made in the course of the 
     employees' duties; or
       ``(C) such person is a party to the communication and the 
     communication conveys threats of physical harm, harassment or 
     intimidation.''
                                 ______
                                 

                      FEINGOLD AMENDMENT NO. 3264

  Mr. FEINGOLD proposed an amendment to the bill, S. 2260, supra; as 
follows:

       On page 135, between lines 11 and 12, insert the following:
       Sec. 620. (a) Findings.--Congress makes the following 
     findings:
       (1) Since the adoption by the Federal Communication 
     Commission of the so-called

[[Page S8801]]

     ``Going Forward Rules'' to relax regulation of cable 
     television rates in 1994, cable television rates have 
     increased by 6.3 percent per year. Since the enactment of the 
     Telecommunications Act of 1996 (Public Law 104-104), such 
     rates have increased by approximately 8.2 percent per year.
       (2) The rate of increase in cable television rates has 
     exceeded the rate of increase in inflation by more than 3 
     times since the enactment of the Telecommunications Act of 
     1996. The increase in such rates is faster than when such 
     rates were not regulated between 1986 and 1992. Such rates 
     are rising 50 percent faster than the Commission predicted 
     when it adopted the so-called ``Going Forward Rules''.
       (3) In 1996, many United States cities experienced 
     increases in cable television rates that exceeded 20 percent. 
     Overall, according to the Bureau of Labor Statistics, cable 
     television rates increased at an annual pace of 10.4 percent 
     in 1996, compared with 3.5 percent for all consumer goods.
       (4) The Nation's largest cable television company boosted 
     its rates approximately 13.5 percent in 1996. In Denver 
     alone, it raised rates by 19 percent in the summer of 1996, 
     then another 8 percent in June 1997. The Nation's second 
     largest cable television company increased its average rates 
     12 percent in the New York City area in 1996.
       (5) The cable television industry continues to hold the 
     dominant position in the market for multichannel video 
     programming distribution (MVPD) with 87 percent of MVPD 
     subscribers receiving service from their local franchised 
     cable television operator.
       (6) Certain factors place alternatives to cable television 
     at a competitive disadvantage. For example, direct broadcast 
     satellite (DBS) service is widely available and constitutes 
     the most significant alternative to cable television. 
     However, barriers to both the entry and expansion of DBS 
     include--
       (A) the lack of availability of local broadcast signals;
       (B) up front equipment and installation costs; and
       (C) the need to purchase additional equipment to receive 
     service on additional television sets.
       (7) Telephone company entry into the video programming 
     distribution business has been limited.
       (8) With the increased concentration of cable television 
     systems at the national level, the percentage of cable 
     television subscribers served by the 4 largest cable 
     television companies rose to 61.4 percent in 1996.
       (9) Recent agreements in the cable television industry have 
     given TCI and Time Warner/Turner Broadcasting ownership of 
     cable television systems serving approximately one-half of 
     the Nation's cable television subscribers.
       (10) Financial analysts report that cable television 
     industry revenue for 1995 was $24,898,000,000 and grew 8.9 
     percent to $27,120,000,000 in 1996. For 1996, revenue per 
     subscriber grew 5.6 percent to reach $431.85 per subscriber. 
     Analysts estimate 1997 year-end-total revenue for the 
     industry was approximately $30,000,000,000, an increase of 
     9.9 percent from 1996 year-end revenue.
       (b) Report.--(1) Not later than 30 days after the date of 
     enactment of this Act, the Federal Communications Commission 
     shall submit to Congress a report setting forth the 
     assessment of the Commission whether or not the findings 
     under subsection (a) are consistent with the Commission's 
     fulfillment of its responsibilities under the Cable 
     Television Consumer Protection and Competition Act of 1992 
     (Public Law 102-385) and the Telecommunications Act of 1996 
     to promote competition in the cable television industry and 
     ensure reasonable rates for cable television services.
       (2) If the Commission determines under paragraph (1) that 
     the findings under subsection (a) are consistent with the 
     fulfillment of the responsibilities referred to in that 
     paragraph, the report shall include a detailed justification 
     of that determination.
       (3) If the Commission determines under paragraph (1) that 
     the findings under subsection (a) are not consistent with the 
     fulfillment of the responsibilities referred to in that 
     paragraph, the report shall include a statement of the 
     actions to be undertaken by the Commission to fulfill the 
     responsibilities.
                                 ______
                                 

                  WYDEN (AND SMITH) AMENDMENT NO. 3265

  Mr. WYDEN (for himself and Mr. Smith of Oregon) proposed an amendment 
to the bill, S. 2260, supra; as follows:

       On page 51, between lines 9 and 10, insert the following:
       Sec. 121. Section 505 of the Incentive Grants for Local 
     Delinquency Prevention Programs Act (42 U.S.C. 5784) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(8) court supervised initiatives that address the illegal 
     possession of firearms by juveniles.''; and
       (2) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking 
     ``demonstrate ability in'';
       (B) in paragraph (1), by inserting ``have in effect'' after 
     ``(1)'';
       (C) in paragraph (2)--
       (i) by inserting ``have developed'' after ``(2)''; and
       (ii) by striking ``and'' at the end;
       (D) in paragraph (3)--
       (i) by inserting ``are actively'' after ``(3)''; and
       (ii) by striking the period at the end and inserting ``; 
     and''; and
       (E) by adding at the end the following:
       ``(4) have in effect a policy or practice that requires 
     State and local law enforcement agencies to detain for not 
     less than 24 hours any juvenile who unlawfully possesses a 
     firearm in a school, upon a finding by a judicial officer 
     that the juvenile may be a danger to himself or herself, or 
     to the community.''.
                                 ______
                                 

                   KYL (AND BRYAN) AMENDMENT NO. 3266

  Mr. KYL (for himself and Mr. Bryan) proposed an amendment to the 
bill, S. 2260, supra; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON INTERNET GAMBLING.

       (a) Short Title.--This section may be cited as the 
     ``Internet Gambling Prohibition Act of 1998''.
       (b) Definitions.--Section 1081 of title 18, United States 
     Code, is amended--
       (1) in the matter immediately following the colon, by 
     designating the first 5 undesignated paragraphs as paragraphs 
     (1) through (5), respectively, and indenting each paragraph 2 
     ems to the right; and
       (2) by adding at the end the following:
       ``(6) Bets or wagers.--The term `bets or wagers'--
       ``(A) means the staking or risking by any person of 
     something of value upon the outcome of a contest of others, 
     sporting event of others, or of any game of chance, upon an 
     agreement or understanding that the person or another person 
     will receive something of value based on that outcome;
       ``(B) includes the purchase of a chance or opportunity to 
     win a lottery or other prize (which opportunity to win is 
     predominantly subject to chance);
       ``(C) includes any scheme of a type described in section 
     3702 of title 28, United States Code; and
       ``(D) does not include--
       ``(i) a bona fide business transaction governed by the 
     securities laws (as that term is defined in section 3(a)(47) 
     of the Securities Exchange Act of 1934 (15 U.S.C. 
     78c(a)(47))) for the purchase or sale at a future date of 
     securities (as that term is defined in section 3(a)(10) of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)));
       ``(ii) a transaction on or subject to the rules of a 
     contract market designated pursuant to section 5 of the 
     Commodity Exchange Act (7 U.S.C. 7);
       ``(iii) a contract of indemnity or guarantee; or
       ``(iv) a contract for life, health, or accident insurance.
       ``(7) Foreign jurisdiction.--The term `foreign 
     jurisdiction' means a jurisdiction of a foreign country or 
     political subdivision thereof.
       ``(8) Information assisting in the placing of a bet or 
     wager.--The term `information assisting in the placing of a 
     bet or wager'--
       ``(A) means information that is intended by the sender or 
     recipient to be used by a person engaged in the business of 
     betting or wagering to accept or place a bet or wager; and
       ``(B) does not include--
       ``(i) information concerning parimutuel pools that is 
     exchanged between or among 1 or more racetracks or other 
     parimutuel wagering facilities licensed by the State or 
     approved by the foreign jurisdiction in which the facility is 
     located, and 1 or more parimutuel wagering facilities 
     licensed by the State or approved by the foreign jurisdiction 
     in which the facility is located, if that information is used 
     only to conduct common pool parimutuel pooling under 
     applicable law;
       ``(ii) information exchanged between or among 1 or more 
     racetracks or other parimutuel wagering facilities licensed 
     by the State or approved by the foreign jurisdiction in which 
     the facility is located, and a support service located in 
     another State or foreign jurisdiction, if the information is 
     used only for processing bets or wagers made with that 
     facility under applicable law;
       ``(iii) information exchanged between or among 1 or more 
     wagering facilities that are located within a single State 
     and are licensed and regulated by that State, and any support 
     service, wherever located, if the information is used only 
     for the pooling or processing of bets or wagers made by or 
     with the facility or facilities under applicable State law;
       ``(iv) any news reporting or analysis of wagering activity, 
     including odds, racing or event results, race and event 
     schedules, or categories of wagering; or
       ``(v) any posting or reporting of any educational 
     information on how to make a bet or wager or the nature of 
     betting or wagering.''.
       (c) Prohibition on Internet Gambling.--
       (1) In general.--Chapter 50 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1085. Internet gambling

       ``(a) Definitions.--In this section:
       ``(1) Closed-loop subscriber-based service.--The term 
     `closed-loop subscriber-based

[[Page S8802]]

     service' means any information service or system that uses--
       ``(A) a device or combination of devices--
       ``(i) expressly authorized and operated in accordance with 
     the laws of a State for the purposes described in subsection 
     (e); and
       ``(ii) by which a person located within a State must 
     subscribe to be authorized to place, receive, or otherwise 
     make a bet or wager, and must be physically located within 
     that State in order to be authorized to do so;
       ``(B) a customer verification system to ensure that all 
     applicable Federal and State legal and regulatory 
     requirements for lawful gambling are met; and
       ``(C) appropriate data security standards to prevent 
     unauthorized access.
       ``(2) Gambling business.--The term `gambling business' 
     means a business that is conducted at a gambling 
     establishment, or that--
       ``(A) involves--
       ``(i) the placing, receiving, or otherwise making of bets 
     or wagers; or
       ``(ii) offers to engage in placing, receiving, or otherwise 
     making bets or wagers;
       ``(B) involves 1 or more persons who conduct, finance, 
     manage, supervise, direct, or own all or part of such 
     business; and
       ``(C) has been or remains in substantially continuous 
     operation for a period in excess of 10 days or has a gross 
     revenue of $2,000 or more during any 24-hour period.
       ``(3) Interactive computer service.--The term `interactive 
     computer service' means any information service, system, or 
     access software provider that uses a public communication 
     infrastructure or operates in interstate or foreign commerce 
     to provide or enable computer access by multiple users to a 
     computer server, including specifically a service or system 
     that provides access to the Internet.
       ``(4) Internet.--The term `Internet' means the 
     international computer network of both Federal and non-
     Federal interoperable packet switched data networks.
       ``(5) Person.--The term `person' means any individual, 
     association, partnership, joint venture, corporation, State 
     or political subdivision thereof, department, agency, or 
     instrumentality of a State or political subdivision thereof, 
     or any other government, organization, or entity.
       ``(6) Private network.--The term `private network' means a 
     communications channel or channels, including voice or 
     computer data transmission facilities, that use either--
       ``(A) private dedicated lines; or
       ``(B) the public communications infrastructure, if the 
     infrastructure is secured by means of the appropriate private 
     communications technology to prevent unauthorized access.
       ``(7) State.--The term `State' means a State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, or a commonwealth, territory, or possession of the 
     United States.
       ``(b) Gambling.--
       ``(1) Prohibition.--Subject to subsection (e), it shall be 
     unlawful for a person knowingly to use the Internet or any 
     other interactive computer service--
       ``(A) to place, receive, or otherwise make a bet or wager 
     with any person; or
       ``(B) to send, receive, or invite information assisting in 
     the placing of a bet or wager with the intent to send, 
     receive, or invite information assisting in the placing of a 
     bet or wager.
       ``(2) Penalties.--A person who violates paragraph (1) shall 
     be--
       ``(A) fined in an amount that is not more than the greater 
     of--
       ``(i) three times the greater of--

       ``(I) the total amount that the person is found to have 
     wagered through the Internet or other interactive computer 
     service; or
       ``(II) the total amount that the person is found to have 
     received as a result of such wagering; or

       ``(ii) $500;
       ``(B) imprisoned not more than 3 months; or
       ``(C) both.
       ``(c) Gambling Businesses.--
       ``(1) Prohibition.--Subject to subsection (e), it shall be 
     unlawful for a person engaged in a gambling business 
     knowingly to use the Internet or any other interactive 
     computer service--
       ``(A) to place, receive, or otherwise make a bet or wager; 
     or
       ``(B) to send, receive, or invite information assisting in 
     the placing of a bet or wager.
       ``(2) Penalties.--A person engaged in a gambling business 
     who violates paragraph (1) shall be--
       ``(A) fined in an amount that is not more than the greater 
     of--
       ``(i) the amount that such person received in bets or 
     wagers as a result of engaging in that business in violation 
     of this subsection; or
       ``(ii) $20,000;
       ``(B) imprisoned not more than 4 years; or
       ``(C) both.
       ``(d) Permanent Injunctions.--Upon conviction of a person 
     under this section, the court may, as an additional penalty, 
     enter a permanent injunction enjoining the transmission of 
     bets or wagers or information assisting in the placing of a 
     bet or wager.
       ``(e) Exceptions.--
       ``(1) In general.--Subject to paragraph (2), the 
     prohibitions in this section shall not apply to any--
       ``(A) otherwise lawful bet or wager that is placed, 
     received, or otherwise made wholly intrastate for a State 
     lottery or a racing or parimutuel activity, or a multi-State 
     lottery operated jointly between 2 or more States in 
     conjunction with State lotteries, (if the lottery or activity 
     is expressly authorized, and licensed or regulated, under 
     applicable Federal or State law) on--
       ``(i) an interactive computer service that uses a private 
     network, if each person placing or otherwise making that bet 
     or wager is physically located at a facility that is open to 
     the general public; or
       ``(ii) a closed-loop subscriber-based service that is 
     wholly intrastate; or
       ``(B) otherwise lawful bet or wager for class II or class 
     III gaming (as defined in section 4 of the Indian Gaming 
     Regulatory Act (25 U.S.C. 2703)) that is placed, received, or 
     otherwise made on a closed-loop subscriber-based service or 
     an interactive computer service that uses a private network, 
     if--
       ``(i) each person placing, receiving, or otherwise making 
     that bet or wager is physically located on Indian land; and
       ``(ii) all games that constitute class III gaming are 
     conducted in accordance with an applicable Tribal-State 
     compact entered into under section 11(d) of the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701(d)) by a State in which each 
     person placing, receiving, or otherwise making that bet or 
     wager is physically located.
       ``(2) Inapplicability of exception to bets or wagers made 
     by agents or proxies.--An exception under subparagraph (A) or 
     (B) of paragraph (1) shall not apply in any case in which a 
     bet or wager is placed, received, or otherwise made by the 
     use of an agent or proxy using the Internet or an interactive 
     computer service. Nothing in this paragraph shall be 
     construed to prohibit the owner operator of a parimutuel 
     wagering facility that is licensed by a State from employing 
     an agent in the operation of the account wagering system 
     owned or operated by the parimutuel facility.
       ``(f) State Law.--Nothing in this section shall be 
     construed to create immunity from criminal prosecution or 
     civil liability under the law of any State.''.
       (2) Technical amendment.--The analysis for chapter 50 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``1085. Internet gambling.''.
       (d) Civil Remedies.--
       (1) In general.--The district courts of the United States 
     shall have original and exclusive jurisdiction to prevent and 
     restrain violations of section 1085 of title 18, United 
     States Code, as added by this section, by issuing appropriate 
     orders.
       (2) Proceedings.--
       (A) Institution by federal government.--The United States 
     may institute proceedings under this section. Upon 
     application of the United States, the district court may 
     enter a temporary restraining order or an injunction against 
     any person to prevent a violation of section 1085 of title 
     18, United States Code, as added by this section, if the 
     court determines, after notice and an opportunity for a 
     hearing, that there is a substantial probability that such 
     violation has occurred or will occur.
       (B) Institution by state attorney general.--
       (i) In general.--Subject to subclause (ii), the attorney 
     general of a State (or other appropriate State official) in 
     which a violation of section 1085 of title 18, United States 
     Code, as added by this section, is alleged to have occurred, 
     or may occur, after providing written notice to the United 
     States, may institute proceedings under this subsection. Upon 
     application of the attorney general (or other appropriate 
     State official) of the affected State, the district court may 
     enter a temporary restraining order or an injunction against 
     any person to prevent a violation of section 1085 of title 
     18, United States Code, as added by this section, if the 
     court determines, after notice and an opportunity for a 
     hearing, that there is a substantial probability that such 
     violation has occurred or will occur.
       (ii) Indian lands.--With respect to a violation of section 
     1085 of title 18, United States Code, as added by this 
     section, that is alleged to have occurred, or may occur, on 
     Indian lands (as defined in section 4 of the Indian Gaming 
     Regulatory Act (25 U.S.C. 2703)), the enforcement authority 
     under clause (i) shall be limited to the remedies under the 
     Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), 
     including any applicable Tribal-State compact negotiated 
     under section 11 of that Act (25 U.S.C. 2710).
       (C) Orders and injunctions against internet service 
     providers.--Notwithstanding subparagraph (A) or (B), the 
     following rules shall apply in any proceeding instituted 
     under this paragraph in which application is made for a 
     temporary restraining order or an injunction against an 
     interactive computer service:
       (i) Scope of relief.--

       (I) If the violation of section 1085 of title 18, United 
     States Code, originates with a customer of the interactive 
     computer service's system or network, the court may require 
     the service to terminate the specified account or accounts of 
     the customer, or of any readily identifiable successor in 
     interest, who is using such service to place, receive or 
     otherwise make a bet or wager, engage in a gambling business, 
     or to initiate a transmission that violates such section 
     1085.
       (II) Any other relief ordered by the court shall be 
     technically feasible for the system or network in question 
     under current conditions, reasonably effective in preventing 
     a

[[Page S8803]]

     violation of section 1085, of title 18, United States Code, 
     and shall not unreasonably interfere with access to lawful 
     material at other online locations.
       (III) No relief shall issue under clause (i)(II) if the 
     interactive computer service demonstrates, after an 
     opportunity to appear at a hearing, that such relief is not 
     economically reasonable for the system or network in question 
     under current conditions.

       (ii) Considerations.--In the case of an application for 
     relief under clause (i)(II), the court shall consider, in 
     addition to all other factors that the court shall consider 
     in the exercise of its equitable discretion, whether--

       (I) such relief either singularly or in combination with 
     such other injunctions issued against the same service under 
     this paragraph, would seriously burden the operation of the 
     service's system or network compared with other comparably 
     effective means of preventing violations of section 1085 of 
     title 18, United States Code;
       (II) in the case of an application for a temporary 
     restraining order or an injunction to prevent a violation of 
     section 1085 of title 18, United States Code, by a gambling 
     business (as is defined in such section 1085) located outside 
     the United States, the relief is more burdensome to the 
     service than taking comparably effective steps to block 
     access to specific, identified sites used by the gambling 
     business located outside the United States; and
       (III) in the case of an application for a temporary 
     restraining order or an injunction to prevent a violation of 
     section 1085 of title 18, United States Code, as added by 
     this section, relating to material or activity located within 
     the United States, whether less burdensome, but comparably 
     effective means are available to block access by a customer 
     of the service's system or network to information or activity 
     that violates such section 1085.

       (iii) Findings.--In any order issued by the court under 
     this paragraph, the court shall set forth the reasons for its 
     issuance, shall be specific in its terms, and shall describe 
     in reasonable detail, and not by reference to the complaint 
     or other document, the act or acts sought to be restrained 
     and the general steps to be taken to comply with the order.
       (D) Expiration.--Any temporary restraining order or 
     preliminary injunction entered pursuant to this paragraph 
     shall expire if, and as soon as, the United States, or the 
     attorney general (or other appropriate State official) of the 
     State, as applicable, notifies the court that issued the 
     injunction that the United States or the State, as 
     applicable, will not seek a permanent injunction.
       (3) Expedited proceedings.--
       (A) In general.--In addition to proceedings under paragraph 
     (2), a district court may enter a temporary restraining order 
     against a person alleged to be in violation of section 1085 
     of title 18, United States Code, as added by this section, 
     upon application of the United States under paragraph (2)(A), 
     or the attorney general (or other appropriate State official) 
     of an affected State under paragraph (2)(B), without notice 
     and the opportunity for a hearing, if the United States or 
     the State, as applicable, demonstrates that there is probable 
     cause to believe that the transmission at issue violates 
     section 1085 of title 18, United States Code, as added by 
     this section.
       (B) Expiration.--A temporary restraining order entered 
     under this paragraph shall expire on the earlier of--
       (i) the expiration of the 30-day period beginning on the 
     date on which the order is entered; or
       (ii) the date on which a preliminary injunction is granted 
     or denied.
       (C) Hearings.--A hearing requested concerning an order 
     entered under this paragraph shall be held at the earliest 
     practicable time.
       (4) Rule of construction.--In the absence of fraud or bad 
     faith, no interactive computer service (as defined in section 
     1085(a) of title 18, United States Code, as added by this 
     section) shall be liable for any damages, penalty, or 
     forfeiture, civil or criminal, for a reasonable course of 
     action taken to comply with a court order issued under 
     paragraph (2) or (3) of this subsection.
       (5) Protection of privacy.--Nothing in this section or the 
     amendments made by this section shall be construed to 
     authorize an affirmative obligation on an interactive 
     computer service--
       (A) to monitor use of its service; or
       (B) except as required by an order of a court, to access, 
     remove or disable access to material where such material 
     reveals conduct prohibited by this section and the amendments 
     made by this section.
       (6) No effect on other remedies.--Nothing in this 
     subsection shall be construed to affect any remedy under 
     section 1084 or 1085 of title 18, United States Code, as 
     amended by this section, or under any other Federal or State 
     law. The availability of relief under this subsection shall 
     not depend on, or be affected by, the initiation or 
     resolution of any action under section 1084 or 1085 of title 
     18, United States Code, as amended by this section, or under 
     any other Federal or State law.
       (7) Continuous jurisdiction.--The court shall have 
     continuous jurisdiction under this subsection to enforce 
     section 1085 of title 18, United States Code, as added by 
     this section.
       (e) Report on Enforcement.--Not later than 3 years after 
     the date of enactment of this Act, the Attorney General shall 
     submit a report to Congress that includes--
       (1) an analysis of the problems, if any, associated with 
     enforcing section 1085 of title 18, United States Code, as 
     added by this section;
       (2) recommendations for the best use of the resources of 
     the Department of Justice to enforce that section; and
       (3) an estimate of the amount of activity and money being 
     used to gamble on the Internet.
       (f) Report on Costs.--Not later than 3 years after the date 
     of enactment of this Act, the Secretary of Commerce shall 
     submit a report to Congress that includes--
       (1) an analysis of existing and potential methods or 
     technologies for filtering or screening transmissions in 
     violation of section 1085 of title 18, United States Code, as 
     added by this section, that originate outside of the 
     territorial boundaries of any State or the United States;
       (2) a review of the effect, if any, on interactive computer 
     services of any court ordered temporary restraining orders or 
     injunctions imposed on those services under this section;
       (3) a calculation of the cost to the economy of illegal 
     gambling on the Internet, and other societal costs of such 
     gambling; and
       (4) an estimate of the effect, if any, on the Internet 
     caused by any court ordered temporary restraining orders or 
     injunctions imposed under this section.
       (g) Severability.--If any provision of this section, an 
     amendment made by this section, or the application of such 
     provision or amendment to any person or circumstance is held 
     to be unconstitutional, the remainder of this section, the 
     amendments made by this section, and the application of the 
     provisions of such to any person or circumstance shall not be 
     affected thereby.
                                 ______
                                 

                        BRYAN AMENDMENT NO. 3267

  Mr. BRYAN proposed an amendment to amendment No. 3266 by Mr. Kyl to 
the bill, S. 2260, supra; as follows:

       On page 3, strike lines 9 through 12, and insert the 
     following:
       ``(iii) a contract of indemnity or guarantee;
       ``(iv) a contract for life, health, or accident insurance; 
     or
       ``(v) participation in a game or contest, otherwise lawful 
     under applicable Federal or State law--

       ``(I) that, by its terms or rules, is not dependent on the 
     outcome of any single sporting event, any series or sporting 
     events, any tournament, or the individual performance of 1 or 
     more athletes or teams in a single sporting event;
       ``(II) in which the outcome is determined by accumulated 
     statistical results of games or contests involving the 
     performances of amateur or professional athletes or teams; 
     and
       ``(III) in which the winner or winners may receive a prize 
     or award;

     (otherwise know as a `fantasy sport league' or a `rotisserie 
     league') if such participation is without charge to the 
     participant or any charge to a participant is limited to a 
     reasonable administrative fee.
                                 ______
                                 

                 CRAIG (AND OTHERS) AMENDMENT NO. 3268

  Mr. CRAIG (for himself, Mr. Inouye, and Mr. Domenici) proposed an 
amendment to amendment No. 3266 proposed by Mr. Kyl to the bill, S. 
2260, supra; as follows:

       On page 3 of the amendment, strike lines 9 through 12 and 
     insert the following below line 13:
       ``(iii) a contract of indemnity or guarantee;
       ``(iv) a contract for life, health, or accident insurance;
       ``(v) lawful gaming conducted pursuant to the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.)--; or''.
       Beginning on page 13 of the amendment, strike line 4 and 
     all that follows through page 14, line 25, and insert the 
     following:
       (2) Proceedings.--
       (A) Institution by federal government.--
       (i) In general.--The United States may institute 
     proceedings under this paragraph. Upon application of the 
     United States, the district court may enter a temporary 
     restraining order or an injunction against any person to 
     prevent a violation of section 1085 of title 18, United 
     States Code, as added by this section, if the court 
     determines, after notice and an opportunity for a hearing, 
     that there is a substantial probability that such violation 
     has occurred or will occur.
       (ii) Indian lands.--With respect to a violation of section 
     1085 of title 18, United States Code, as added by this 
     section, that is alleged to have occurred, or may occur, in 
     whole or in part, on Indian lands (as defined in section 4 of 
     the Indian Gaming Regulatory Act (25 U.S.C. 2703)), the 
     United States shall have the authority to enforce that 
     section.
       (B) Institution by state attorney general.--The attorney 
     general of a State (or other appropriate State official) in 
     which a violation of section 1085 of title 18, United States 
     Code, as added by this section, is alleged to have occurred, 
     or may occur, after providing written notice to the United 
     States, may institute proceedings under this paragraph. Upon 
     application of the attorney general (or other appropriate 
     State official)

[[Page S8804]]

     of the affected State, the district court may enter a 
     temporary restraining order or an injunction against any 
     person to prevent a violation of section 1085 of title 18, 
     United States Code, as added by this section, if the court 
     determines, after notice and an opportunity for a hearing, 
     that there is a substantial probability that such violation 
     has occurred or will occur.
                                 ______
                                 

                  TORRICELLI AMENDMENTS NOS. 3269-3270

  (Ordered to lie on the table.)
  Mr. TORRICELLI submitted two amendments intended to be proposed by 
him to the bill, S. 2260, supra; as follows:

                           Amendment No. 3269

       At the appropriate place in title II, insert the following:

     SEC. 2__. NONPOINT POLLUTION CONTROL.

       (a) In General.--In addition to the amounts made available 
     to the National Oceanic and Atmospheric Administration under 
     this Act, $6,000,000 shall be made available to the 
     Administration for the nonpoint pollution control program of 
     the Coastal Zone Management program of the Administration.
       (b) Pro Rata Reductions.--Notwithstanding any other 
     provision of law, a pro rata reduction shall be made to each 
     program of the Department of Commerce funded under this Act 
     (other than the program referred to in subsection (a)) in 
     such manner as to result in an aggregate reduction in the 
     amount of funds provided to those programs of $6,000,000.
                                  ____


                           Amendment No. 3270

       At the appropriate place in title II, insert the following:

     SEC. 2__. NONPOINT POLLUTION CONTROL.

       (a) In General.--In addition to the amounts made available 
     to the National Oceanic and Atmospheric Administration under 
     this Act, $6,000,000 shall be made available to the 
     Administration for the nonpoint pollution control program of 
     the Coastal Zone Management program of the Administration.
       (b) Pro Rata Reductions.--Notwithstanding any other 
     provision of law, a pro rata reduction shall be made to each 
     program of the International Trade Administration of the 
     Department of Commerce funded under this Act in such manner 
     as to result in an aggregate reduction in the amount of funds 
     provided to those programs of $6,000,000.
                                 ______
                                 

               BINGAMAN (AND DOMENICI) AMENDMENT NO. 3271

  (Ordered to lie on the table.)
  Mr. BINGAMAN (for himself and Mr. Domenici) submitted an amendment 
intended to be proposed by them to the bill, S. 2260, supra; as 
follows:

       Notwithstanding any rights already conferred under this 
     Act, Section 2 of the Act entitled ``An Act to provide for 
     the registration and protection of trademarks used in 
     commerce, to carry out the provisions of certain 
     international conventions, and for other purposes,'' approved 
     July 5, 1946, commonly referred to as the Trademark Act of 
     1946 (15 U.S.C. 1052 (b)), is amended in subsection (b) by 
     inserting ``or of any federally recognized Indian tribe,'' 
     after ``State or municipality,''.

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