[Congressional Record Volume 144, Number 100 (Thursday, July 23, 1998)]
[Senate]
[Pages S8927-S8944]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S8927]]
                          AMENDMENTS SUBMITTED

                                 ______
                                 

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

                                 ______
                                 

                NICKLES (AND OTHERS) AMENDMENT NO. 3272

  Mr. NICKLES (for himself, Mr. Inhofe, and Mr. Sessions) proposed an 
amendment to the bill (S. 2260) making appropriations for the 
Departments of Commerce, Justice, and State, the Judiciary, and related 
agencies for the fiscal year ending September 30, 1999, and for other 
purposes; as follows:

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

     SEC. 2____. COMPENSATION OF ATTORNEYS.

       (a) Controlled Substances Act.--Section 408(q)(10) of the 
     Controlled Substances Act (21 U.S.C. 848(q)(10)) is amended--
       (1) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (2) by inserting after subparagraph (A) the following:
       ``(B)(i) Notwithstanding any other provision of law, the 
     amount of compensation paid to each attorney appointed under 
     this subsection shall not exceed, for work performed by that 
     attorney during any calendar month, an amount determined to 
     be the amount of compensation (excluding health and other 
     employee benefits) that the United States Attorney for the 
     district in which the action is to be prosecuted receives for 
     the calendar month that is the subject to a request for 
     compensation made in accordance with this paragraph.
       ``(ii) The court shall grant an attorney compensation for 
     work performed during any calendar month at a rate authorized 
     under subparagraph (A), except that such compensation may not 
     be granted for any calendar month in an amount that exceeds 
     the maximum amount specified in clause (i).''.
       (b) Adequate Representation of Defendants.--Section 
     3006A(d)(3) of title 18, United States Code, is amended--
       (1) by striking ``Payment'' and inserting the following:
       ``(A) In general.--Subject to subparagraph (B), payment''; 
     and
       (2) by adding at the end the following:
       ``(B) Maximum payments.--The payments approved under this 
     paragraph for work performed by an attorney during any 
     calendar month may not exceed a maximum amount determined 
     under section 408(q)(10)(B) of the Controlled Substances Act 
     (21 U.S.C. 848(q)(10)(B)).''.
                                 ______
                                 

               BINGAMAN (AND DOMENICI) AMENDMENT NO. 3273

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

       At the appropriate place, insert:
       Notwithstanding any rights already conferred under the 
     Trademark 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,''.
                                 ______
                                 

                 DeWINE (AND LEAHY) AMENDMENT NO. 3274

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

       At the appropriate place, insert the following:

     SECTION 1. SHORT TITLE; DEFINITIONS.

       (a) Short Title.--This Act may be cited as the ``Local 
     Government Law Enforcement Block Grant Act of 1998''.
       (b) Definitions.--In this Act:
       (1) Director.--The term ``Director'' means the Director of 
     the Bureau of Justice Assistance of the Department of 
     Justice.
       (2) Juvenile.--The term ``juvenile'' means an individual 
     who is 17 years of age or younger.
       (3) Law enforcement expenditures.--The term ``law 
     enforcement expenditures'' means the current operation 
     expenditures associated with police, prosecutorial, legal, 
     and judicial services, and corrections as reported to the 
     Bureau of the Census.
       (4) Part 1 violent crimes.--The term ``part 1 violent 
     crimes'' means murder and nonnegligent manslaughter, forcible 
     rape, robbery, and aggravated assault as reported to the 
     Federal Bureau of Investigation for purposes of the Uniform 
     Crime Reports.
       (5) Payment period.--The term ``payment period'' means each 
     1-year period beginning on October 1 of any year in which a 
     grant under this Act is awarded.
       (6) State.--The term ``State'' means any State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Virgin Islands, American Samoa, Guam, and 
     the Northern Mariana Islands, except that American Samoa, 
     Guam, and the Northern Mariana Islands shall be considered as 
     1 State and that, for purposes of section 5(a), 33 percent of 
     the amounts allocated shall be allocated to American Samoa, 
     50 percent to Guam, and 17 percent to the Northern Mariana 
     Islands.
       (7) Unit of local government.--The term ``unit of local 
     government'' means--
       (A) a county, township, city, or political subdivision of a 
     county, township, or city, that is a general purpose unit of 
     local government, as determined by the Secretary of Commerce 
     for general statistical purposes, including a parish sheriff 
     in the State of Louisiana;
       (B) the District of Columbia and the recognized governing 
     body of an Indian tribe or Alaska Native village that carries 
     out substantial governmental duties and powers; and
       (C) the Commonwealth of Puerto Rico, in addition to being 
     considered a State, for the purposes set forth in section 
     2(a)(2).

     SEC. 2. PAYMENTS TO LOCAL GOVERNMENTS.

       (a) Payment and Use.--
       (1) Payment.--The Director shall pay to each unit of local 
     government that qualifies for a payment under this Act an 
     amount equal to the sum of any amounts allocated to such unit 
     under this Act for each payment period. The Director shall 
     pay such amount from amounts appropriated to carry out this 
     Act.
       (2) Use.--Amounts paid to a unit of local government under 
     this section shall be used by the unit for reducing crime and 
     improving public safety, including but not limited to, 1 or 
     more of the following purposes:
       (A)(i) Hiring, training, and employing on a continuing 
     basis new, additional law enforcement officers and necessary 
     support personnel.
       (ii) Paying overtime to presently employed law enforcement 
     officers and necessary support personnel for the purpose of 
     increasing the number of hours worked by such personnel.
       (iii) Procuring equipment, technology, and other material 
     directly related to basic law enforcement functions.
       (B) Enhancing security measures--
       (i) in and around schools; and
       (ii) in and around any other facility or location that is 
     considered by the unit of local government to have a special 
     risk for incidents of crime.
       (C) Establishing crime prevention programs that may, though 
     not exclusively, involve law enforcement officials and that 
     are intended to discourage, disrupt, or interfere with the 
     commission of criminal activity, including neighborhood watch 
     and citizen patrol programs, sexual assault and domestic 
     violence programs, and programs intended to prevent juvenile 
     crime.
       (D) Establishing or supporting drug courts.
       (E) Establishing early intervention and prevention programs 
     for juveniles to reduce or eliminate crime.
       (F) Enhancing the adjudication process of cases involving 
     violent offenders, including the adjudication process of 
     cases involving violent juvenile offenders.
       (G) Enhancing programs under subpart 1 of part E of the 
     Omnibus Crime Control and Safe Streets Act of 1968.
       (H) Establishing cooperative task forces between adjoining 
     units of local government to work cooperatively to prevent 
     and combat criminal activity, particularly criminal activity 
     that is exacerbated by drug or gang-related involvement.
       (I) Establishing a multijurisdictional task force, 
     particularly in rural areas, composed of law enforcement 
     officials representing units of local government, that works 
     with Federal law enforcement officials to prevent and control 
     crime.
       (J) Establishing or supporting programs designed to 
     collect, record, retain, and disseminate information useful 
     in the identification, prosecution, and sentencing of 
     offenders, such as criminal history information, 
     fingerprints, DNA tests, and ballistics tests.
       (3) Definitions.--In this subsection--
       (A) the term ``violent offender'' means a person charged 
     with committing a part I violent crime; and
       (B) the term ``drug courts'' means a program that 
     involves--
       (i) continuing judicial supervision over offenders with 
     substance abuse problems who are not violent offenders; and
       (ii) the integrated administration of other sanctions and 
     services, which shall include--

       (I) mandatory periodic testing for the use of controlled 
     substances or other addictive substances during any period of 
     supervised release or probation for each participant;
       (II) substance abuse treatment for each participant;
       (III) probation, or other supervised release involving the 
     possibility of prosecution, confinement, or incarceration 
     based on noncompliance with program requirements or failure 
     to show satisfactory progress; and
       (IV) programmatic, offender management, and aftercare 
     services such as relapse prevention, vocational job training, 
     job placement, and housing placement.

       (b) Prohibited Uses.--Notwithstanding any other provision 
     of this Act, a unit of local government may not expend any of 
     the funds provided under this Act to purchase, lease, rent, 
     or otherwise acquire--
       (1) tanks or armored personnel carriers;
       (2) fixed wing aircraft;
       (3) limousines;
       (4) real estate;
       (5) yachts;
       (6) consultants; or

[[Page S8928]]

       (7) vehicles not primarily used for law enforcement;

     unless the Attorney General certifies that extraordinary and 
     exigent circumstances exist that make the use of funds for 
     such purposes essential to the maintenance of public safety 
     and good order in such unit of local government. With regard 
     to paragraph (2), such circumstances shall be deemed to exist 
     with respect to a unit of local government in a rural State, 
     as defined in section 1501 of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796bb), upon 
     certification by the chief law enforcement officer of the 
     unit of local government that the unit of local government is 
     experiencing an increase in production or cultivation of a 
     controlled substance or listed chemical (as defined in 
     section 102 of the Controlled Substances Act), and that the 
     fixed wing aircraft will be used in the detection, 
     disruption, or abatement of such production or cultivation.
       (c) Timing of Payments.--The Director shall pay each unit 
     of local government that has submitted an application under 
     this Act not later than the later of--
       (1) 90 days after the date that the amount is available; or
       (2) the first day of the payment period if the unit of 
     local government has provided the Director with the 
     assurances required by section 4(c).
       (d) Adjustments.--
       (1) In general.--Subject to paragraph (2), the Director 
     shall adjust a payment under this Act to a unit of local 
     government to the extent that a prior payment to the unit of 
     local government was more or less than the amount required to 
     be paid.
       (2) Considerations.--The Director may increase or decrease 
     under this subsection a payment to a unit of local government 
     only if the Director determines the need for the increase or 
     decrease, or if the unit requests the increase or decrease, 
     not later than 1 year after the end of the payment period for 
     which a payment was made.
       (e) Reservation for Adjustment.--The Director may reserve a 
     percentage of not more than 2 percent of the amount under 
     this section for a payment period for all units of local 
     government in a State if the Director considers the reserve 
     is necessary to ensure the availability of sufficient amounts 
     to pay adjustments after the final allocation of amounts 
     among the units of local government in the State.
       (f) Repayment of Unexpended Amounts.--
       (1) Repayment required.--A unit of local government shall 
     repay to the Director, by not later than 27 months after 
     receipt of funds from the Director, any amount that is--
       (A) paid to the unit from amounts appropriated under the 
     authority of this section; and
       (B) not expended by the unit within 2 years after receipt 
     of such funds from the Director.
       (2) Penalty for failure to repay.--If the amount required 
     to be repaid is not repaid, the Director shall reduce payment 
     in future payment periods accordingly.
       (3) Deposit of amounts repaid.--Amounts received by the 
     Director as repayments under this subsection shall be 
     deposited in a designated fund for future payments to units 
     of local government. Any amounts remaining in such designated 
     fund after 5 years following the date of enactment of this 
     Act shall be applied to the Federal deficit or, if there is 
     no Federal deficit, to reducing the Federal debt.
       (g) Nonsupplanting Requirement.--Funds made available under 
     this Act to units of local government shall not be used to 
     supplant State or local funds, but shall be used to increase 
     the amount of funds that would, in the absence of funds made 
     available under this Act, be made available from State or 
     local sources.
       (h) Matching Funds.--The Federal share of a grant received 
     under this Act may not exceed 90 percent of the costs of a 
     program or proposal funded under this Act. No funds provided 
     under this Act may be used as matching funds for any other 
     Federal grant program.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this Act $750,000,000 for 
     each of fiscal years 1998 through 2003.
       (b) Oversight Accountability and Administration.--Not more 
     than 3 percent of the amount authorized to be appropriated 
     under subsection (a) for each of the fiscal years 1998 
     through 2003 shall be available to the Attorney General for 
     studying the overall effectiveness and efficiency of the 
     provisions of this Act, and assuring compliance with the 
     provisions of this Act and for administrative costs to carry 
     out the purposes of this Act. From the amount described in 
     the preceding sentence, the Bureau of Justice Assistance 
     shall receive such sums as may be necessary for the actual 
     costs of administration and monitoring. The Attorney General 
     shall establish and execute an oversight plan for monitoring 
     the activities of grant recipients. Such sums are to remain 
     available until expended.
       (c) Funding Source.--Appropriations for activities 
     authorized in this Act may be made from the Violent Crime 
     Reduction Trust Fund.
       (d) Technology Assistance.--Of the amount appropriated 
     under subsection (a) for each of fiscal years 1998 through 
     2003, the Attorney General shall reserve--
       (1) 3 percent for use by the Bureau of Justice Statistics 
     for information and identification technology, including the 
     Integrated Automated Fingerprint Identification System 
     (IAFIS), DNA, and ballistics systems; and
       (2) 3 percent for use by the National Institute of Justice 
     in assisting units of local government to identify, select, 
     develop, modernize, and purchase new technologies for use by 
     law enforcement.
       (e) Availability.--The amounts appropriated under 
     subsection (a) shall remain available until expended.

     SEC. 4. QUALIFICATION FOR PAYMENT.

       (a) In General.--The Director shall issue regulations 
     establishing procedures under which a unit of local 
     government is required to provide notice to the Director 
     regarding the proposed use of funds made available under this 
     Act.
       (b) Program Review.--The Director shall establish a process 
     for the ongoing evaluation of projects developed with funds 
     made available under this Act.
       (c) General Requirements for Qualification.--A unit of 
     local government qualifies for a payment under this Act for a 
     payment period only if the unit of local government submits 
     an application to the Director and establishes, to the 
     satisfaction of the Director, that--
       (1) the unit of local government has established a local 
     advisory board that--
       (A) includes, but is not limited to, a representative 
     from--
       (i) the local police department or local sheriff's 
     department;
       (ii) the local prosecutor's office;
       (iii) the local court system;
       (iv) the local public school system; and
       (v) a local nonprofit, educational, religious, or community 
     group active in crime prevention or drug use prevention or 
     treatment;
       (B) has reviewed the application; and
       (C) is designated to make nonbinding recommendations to the 
     unit of local government for the use of funds received under 
     this Act;
       (2) the chief executive officer of the State has had not 
     less than 20 days to review and comment on the application 
     prior to submission to the Director;
       (3)(A) the unit of local government will establish a trust 
     fund in which the government will deposit all payments 
     received under this Act; and
       (B) the unit of local government will use amounts in the 
     trust fund (including interest) during a period not to exceed 
     2 years from the date the first grant payment is made to the 
     unit of local government;
       (4) the unit of local government will expend the payments 
     received in accordance with the laws and procedures that are 
     applicable to the expenditure of revenues of the unit of 
     local government;
       (5) the unit of local government will use accounting, 
     audit, and fiscal procedures that conform to guidelines, 
     which shall be prescribed by the Director after consultation 
     with the Comptroller General of the United States and as 
     applicable, amounts received under this Act shall be audited 
     in compliance with the Single Audit Act of 1984;
       (6) after reasonable notice from the Director or the 
     Comptroller General of the United States to the unit of local 
     government, the unit of local government will make available 
     to the Director and the Comptroller General of the United 
     States, with the right to inspect, records that the Director 
     reasonably requires to review compliance with this Act or 
     that the Comptroller General of the United States reasonably 
     requires to review compliance and operation;
       (7) a designated official of the unit of local government 
     shall make reports the Director reasonably requires, in 
     addition to the annual reports required under this Act;
       (8) the unit of local government will spend the funds made 
     available under this Act only for the purposes set forth in 
     section 2(a)(2);
       (9) the unit of local government will achieve a net gain in 
     the number of law enforcement officers who perform 
     nonadministrative public safety service if such unit uses 
     funds received under this Act to increase the number of law 
     enforcement officers as described under section 2(a)(2)(A);
       (10) the unit of local government--
       (A) has an adequate process to assess the impact of any 
     enhancement of a school security measure that is undertaken 
     under section 2(a)(2)(B), or any crime prevention programs 
     that are established under subparagraphs (C) and (E) of 
     section 2(a)(2), on the incidence of crime in the geographic 
     area where the enhancement is undertaken or the program is 
     established;
       (B) will conduct such an assessment with respect to each 
     such enhancement or program; and
       (C) will submit an annual written assessment report to the 
     Director; and
       (11) the unit of local government has established 
     procedures to give members of the Armed Forces who, on or 
     after October 1, 1990, were or are selected for involuntary 
     separation (as described in section 1141 of title 10, United 
     States Code), approved for separation under section 1174a or 
     1175 of such title, or retired pursuant to the authority 
     provided under section 4403 of the Defense Conversion, 
     Reinvestment, and Transition Assistance Act of 1992 (division 
     D of Public Law 102-484; 10 U.S.C. 1293 note), a suitable 
     preference in the employment of persons as additional law 
     enforcement officers or support personnel using funds made 
     available under this Act. The nature and extent of such 
     employment preference shall be jointly

[[Page S8929]]

     established by the Attorney General and the Secretary of 
     Defense. To the extent practicable, the Director shall 
     endeavor to inform members who were separated between October 
     1, 1990, and the date of enactment of this Act of their 
     eligibility for the employment preference.
       (d) Sanctions for Noncompliance.--
       (1) In general.--If the Director determines that a unit of 
     local government has not complied substantially with the 
     requirements or regulations prescribed under subsections (a) 
     and (c), the Director shall notify the unit of local 
     government that if the unit of local government does not take 
     corrective action within 60 days of such notice, the Director 
     will withhold additional payments to the unit of local 
     government for the current and future payment periods until 
     the Director is satisfied that the unit of local government--
       (A) has taken the appropriate corrective action; and
       (B) will comply with the requirements and regulations 
     prescribed under subsections (a) and (c).
       (2) Notice.--Before giving notice under paragraph (1), the 
     Director shall give the chief executive officer of the unit 
     of local government reasonable notice and an opportunity for 
     comment.
       (e) Maintenance of Effort Requirement.--A unit of local 
     government qualifies for a payment under this Act for a 
     payment period only if the unit's expenditures on law 
     enforcement services (as reported by the Bureau of the 
     Census) for the fiscal year preceding the fiscal year in 
     which the payment period occurs were not less than 90 percent 
     of the unit's expenditures on such services for the second 
     fiscal year preceding the fiscal year in which the payment 
     period occurs.

     SEC. 5. ALLOCATION AND DISTRIBUTION OF FUNDS.

       (a) State Set-Aside.--
       (1) In general.--Of the total amounts appropriated for this 
     Act for each payment period, the Director shall allocate for 
     units of local government in each State an amount that bears 
     the same ratio to such total as the average annual number of 
     part 1 violent crimes reported by such State to the Federal 
     Bureau of Investigation for the 3 most recent calendar years 
     for which such data is available, bears to the number of part 
     1 violent crimes reported by all States to the Federal Bureau 
     of Investigation for such years.
       (2) Minimum requirement.--Each State shall receive not less 
     than 0.5 percent of the total amounts appropriated under 
     section 3 under this subsection for each payment period.
       (3) Proportional reduction.--If amounts available to carry 
     out paragraph (2) for any payment period are insufficient to 
     pay in full the total payment that any State is otherwise 
     eligible to receive under paragraph (1) for such period, then 
     the Director shall reduce payments under paragraph (1) for 
     such payment period to the extent of such insufficiency. 
     Reductions under the preceding sentence shall be allocated 
     among the States (other than States whose payment is 
     determined under paragraph (2)) in the same proportions as 
     amounts would be allocated under paragraph (1) without regard 
     to paragraph (2).
       (b) Local Distribution.--
       (1) In general.--From the amount reserved for each State 
     under subsection (a), the Director shall allocate among units 
     of local government an amount that bears the same ratio to 
     the aggregate amount of such funds as
       (A) the product of--
       (i) two-thirds; multiplied by
       (ii) the ratio of the average annual number of part 1 
     violent crimes in such unit of local government for the 3 
     most recent calendar years for which such data is available, 
     to the sum of such violent crime in all units of local 
     government in the State; and
       (B) the product of--
       (i) one-third; multiplied by
       (ii) the ratio of the law enforcement expenditure, for such 
     unit of local government for the most recent year for which 
     such data are available, to such expenditures for all units 
     of local government in the State.
       (2) Expenditures.--The allocation any unit of local 
     government shall receive under paragraph (1) for a payment 
     period shall not exceed 100 percent of law enforcement 
     expenditures of the unit for such payment period.
       (3) Reallocation.--The amount of any unit of local 
     government's allocation that is not available to such unit by 
     operation of paragraph (2) shall be available to other units 
     of local government that are not affected by such operation 
     in accordance with this subsection.
       (4) Local governments with allocations of less than 
     $10,000.--If under paragraph (1) a unit of local government 
     is allotted less than $10,000 for the payment period, the 
     amount allotted shall be transferred to the chief executive 
     officer of the State who shall distribute such funds among 
     State police departments that provide law enforcement 
     services to units of local government and units of local 
     government whose allotment is less than such amount in a 
     manner that reduces crime and improves public safety.
       (5) Special rule.--If a unit of local government in the 
     State has been annexed since the date of the collection of 
     the data used by the Director in making allocations pursuant 
     to this section, the Director shall pay the amount that would 
     have been allocated to such unit of local government to the 
     unit of local government that annexed it.
       (c) Grants to Indian Tribes.--Notwithstanding subsections 
     (a) and (b), of the amount appropriated under section 3(a) in 
     each of fiscal years 1998 through 2003, the Attorney General 
     shall reserve 0.3 percent for grants to Indian tribal 
     governments performing law enforcement functions, to be used 
     for the purposes described in section 2. To be eligible to 
     receive a grant with amounts set aside under this subsection, 
     an Indian tribal government shall submit to the Attorney 
     General an application in such form and containing such 
     information as the Attorney General may by regulation 
     require.
       (d) Unavailability and Inaccuracy of Information.--
       (1) Data for states.--For purposes of this section, if data 
     regarding part 1 violent crimes in any State for the 3 most 
     recent calendar years is unavailable, insufficient, or 
     substantially inaccurate, the Director shall utilize the best 
     available comparable data regarding the number of violent 
     crimes for such years for such State for the purposes of 
     allocation of any funds under this Act.
       (2) Possible inaccuracy of data for units of local 
     government.--In addition to the provisions of paragraph (1), 
     if the Director believes that the reported rate of part 1 
     violent crimes or legal expenditure information for a unit of 
     local government is insufficient or inaccurate, the Director 
     shall--
       (A) investigate the methodology used by such unit to 
     determine the accuracy of the submitted data; and
       (B) when necessary, use the best available comparable data 
     regarding the number of violent crimes or legal expenditure 
     information for such years for such unit of local government.

     SEC. 6. UTILIZATION OF PRIVATE SECTOR.

       Funds or a portion of funds allocated under this Act may be 
     utilized to contract with private, nonprofit entities or 
     community-based organizations to carry out the purposes 
     specified under section 2(a)(2).

     SEC. 7. PUBLIC PARTICIPATION.

       (a) In General.--A unit of local government expending 
     payments under this Act shall hold not less than 1 public 
     hearing on the proposed use of the payment from the Director 
     in relation to its entire budget.
       (b) Views.--At the hearing, persons shall be given an 
     opportunity to provide written and oral views to the unit of 
     local government authority responsible for enacting the 
     budget.
       (c) Time and Place.--The unit of local government shall 
     hold the hearing at a time and place that allows and 
     encourages public attendance and participation.

     SEC. 8. ADMINISTRATIVE PROVISIONS.

       The administrative provisions of part H of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782 et 
     seq.), shall apply to this Act and for purposes of this 
     section any reference in such provisions to title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3711 et seq.) shall be deemed to be a reference to this Act.
                                 ______
                                 

                  KERRY (AND HAGEL) AMENDMENT NO. 3275

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

       On page 135, after line 11, insert the following:

     SEC. 423. TEMPORARY PROHIBITION ON IMPLEMENTATION OR 
                   ENFORCEMENT OF PUBLIC WATER SYSTEM TREATMENT 
                   REQUIREMENTS FOR COPPER ACTION LEVEL.

       (a) In General.--None of the funds made available by this 
     or any other Act for any fiscal year may be used by the 
     Administrator of the Environmental Protection Agency to 
     implement or enforce the national primary drinking water 
     regulations for lead and copper in drinking water promulgated 
     under the Safe Drinking Water Act (42 U.S.C. 300f et seq.), 
     to the extent that the regulations pertain to the public 
     water system treatment requirements related to the copper 
     action level, until--
       (1) the Administrator and the Director of the Centers for 
     Disease Control and Prevention jointly conduct a study to 
     establish a reliable dose-response relationship for the 
     adverse human health effects that may result from exposure to 
     copper in drinking water, that--
       (A) includes an analysis of the health effects that may be 
     experienced by groups within the general population 
     (including infants) that are potentially at greater risk of 
     adverse health effects as the result of the exposure;
       (B) is conducted in consultation with interested States;
       (C) is based on the best available science and supporting 
     studies that are subject to peer review and conducted in 
     accordance with sound and objective scientific practices; and
       (D) is completed not later than 30 months after the date of 
     enactment of this Act; and
       (2) based on the results of the study and, once peer 
     reviewed and published, the 2 studies of copper in drinking 
     water conducted by the Centers for Disease Control and 
     Prevention in the State of Nebraska and the State of 
     Delaware, the Administrator establishes an action level for 
     the presence of copper in drinking water that protects the 
     public health against reasonably expected adverse effects due 
     to exposure to copper in drinking water.
       (b) Current Requirements.--Nothing in this section 
     precludes a State from implementing or enforcing the national 
     primary

[[Page S8930]]

     drinking water regulations for lead and copper in drinking 
     water promulgated under the Safe Drinking Water Act (42 
     U.S.C. 300f et seq.) that are in effect on the date of 
     enactment of this Act, to the extent that the regulations 
     pertain to the public water system treatment requirements 
     related to the copper action level.
                                 ______
                                 

                 KERRY (AND OTHERS) AMENDMENT NO. 3276

  Mr. KERRY (for himself, Mr. McCain, Mr. Kerrey, and Mr. Hagel) 
proposed an amendment to the bill, S. 2260, supra; as follows:

       Beginning on page 96, strike line 23 and all that follows 
     through line 12 on page 100 and insert the following:
       Sec. 405. None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended to pay for 
     any cost incurred for--
       (1) opening or operating any United States diplomatic or 
     consular post in the Socialist Republic of Vietnam that was 
     not operating on July 11, 1995,
       (2) expanding any United States diplomatic or consular post 
     in the Socialist Republic of Vietnam that was operating on 
     July 11, 1995, or
       (3) increasing the total number of personnel assigned to 
     United States diplomatic or consular posts in the Socialist 
     Republic of Vietnam above the levels existing on July 11, 
     1995,

     unless the President certifies within 60 days the following:
       (A) Based upon all information available to the United 
     States Government, the Government of the Socialist Republic 
     of Vietnam is fully cooperating in good faith with the United 
     States in the following:
       (i) Resolving discrepancy cases, live sightings, and field 
     activities.
       (ii) Recovering and repatriating American remains.
       (iii) Accelerating efforts to provide documents that will 
     help lead to fullest possible accounting of prisoners of war 
     and missing in action.
       (iv) Providing further assistance in implementing 
     trilateral investigations with Laos.
       (B) The remains, artifacts, eyewitness accounts, archival 
     material, and other evidence associated with prisoners of war 
     and missing in action recovered from crash sites, military 
     actions, and other locations in Southeast Asia are being 
     thoroughly analyzed by the appropriate laboratories with the 
     intent of providing surviving relatives with scientifically 
     defensible, legal determinations of death or other 
     accountability that are fully documented and available in 
     unclassified and unredacted form to immediate family members.
                                 ______
                                 

             GREGG (AND HOLLINGS) AMENDMENTS NOS. 3277-3279

  Mr. GREGG (for himself and Mr. Hollings) proposed three amendments to 
the bill, S. 2260, supra; as follows:

                           Amendment No. 3277

                     TITLE V--INDEPENDENT AGENCIES


                   Federal Communications Commission

       On page 105, at the end of line 22, insert the following: 
     ``Provided further, That any two stations of that are primary 
     affiliates of the same broadcast network within any given 
     designated market area authorized to deliver a digital signal 
     November 1, 1998 must be guaranteed access on the same terms 
     and conditions by any multichannel video provider (including 
     off-air, cable and satellite distribution).''
                                  ____


                           Amendment No. 3278

       At the end of title IV, insert the following new sections:
       Sec.  . None of the funds appropriated or otherwise made 
     available for this Act or any other Act for fiscal year 1999 
     or any fiscal year thereafter may be expended for the 
     operation of a United States consulate or diplomatic facility 
     in Jerusalem unless such consulate or diplomatic facility is 
     under the supervision of the United States Ambassador to 
     Israel.
       Sec.  . None of the funds appropriated or otherwise made 
     available by this Act or any other Act for fiscal year 1999 
     or any fiscal year thereafter may be expended for the 
     publication of any official government document which lists 
     countries and their capital cities unless the publication 
     identifies Jerusalem as the capital of Israel.
       Sec.  . For the purposes of the registration of birth, 
     certification of nationality, or issuance of a passport of a 
     United States citizen born in the city of Jerusalem, the 
     Secretary of State shall, upon request of the citizen, record 
     the place of birth as Israel.
                                  ____


                           Amendment No. 3279

       At the end of the bill insert the following new title:

                                TITLE--

     SECTION 1. SHORT TITLE.

       This title may be cited as the ``National Whale 
     Conservation Fund Act of 1998''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the populations of whales that occur in waters of the 
     United States are resources of substantial ecological, 
     scientific, socioeconomic, and esthetic value;
       (2) whale populations--
       (A) form a significant component of marine ecosystems;
       (B) are the subject of intense research;
       (C) provide for a multimillion dollar whale watching 
     tourist industry that provides the public an opportunity to 
     enjoy and learn about great whales and the ecosystems of 
     which the whales are a part; and
       (D) are of importance to Native Americans for cultural and 
     subsistence purposes;
       (3) whale populations are in various stages of recovery, 
     and some whale populations, such as the northern right whale 
     (Eubaleana glacialis) remain perilously close to extinction;
       (4) the interactions that occur between ship traffic, 
     commercial fishing, whale watching vessels, and other 
     recreational vessels and whale populations may affect whale 
     populations adversely;
       (5) the exploration and development of oil, gas, and hard 
     mineral resources, marine debris, chemical pollutants, noise, 
     and other anthropogenic sources of change in the habitat of 
     whales may affect whale populations adversely;
       (6) the conservation of whale populations is subject to 
     difficult challenges related to--
       (A) the migration of whale populations across international 
     boundaries;
       (B) the size of individual whales, as that size precludes 
     certain conservation research procedures that may be used for 
     other animal species, such as captive research and breeding;
       (C) the low reproductive rates of whales that require long-
     term conservation programs to ensure recovery of whale 
     populations; and
       (D) the occurrence of whale populations in offshore waters 
     where undertaking research, monitoring, and conservation 
     measures is difficult and costly;
       (7)(A) the Secretary of Commerce, through the Administrator 
     of the National Oceanic and Atmospheric Administration, has 
     research and regulatory responsibility for the conservation 
     of whales under the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1361 et seq.); and
       (B) the heads of other Federal agencies and the Marine 
     Mammal Commission established under section 201 of the Marine 
     Mammal Protection Act of 1972 (16 U.S.C. 1401) have related 
     research and management activities under the Marine Mammal 
     Protection Act of 1972 or the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.);
       (8) the funding available for the activities described in 
     paragraph (8) is insufficient to support all necessary whale 
     conservation and recovery activities; and
       (9) there is a need to facilitate the use of funds from 
     non-Federal sources to carry out the conservation of whales.

     SEC. 3. NATIONAL WHALE CONSERVATION FUND.

       Section 4 of the National Fish and Wildlife Establishment 
     Act (16 U.S.C. 3703) is amended by adding at the end the 
     following:
       ``(f)(1) In carrying out the purposes under section 2(b), 
     the Foundation may establish a national whale conservation 
     endowment fund, to be used by the Foundation to support 
     research, management activities, or educational programs that 
     contribute to the protection, conservation, or recovery of 
     whale populations in waters of the United States.
       ``(2)(A) In a manner consistent with subsection (c)(1), the 
     Foundation may--
       ``(i) accept, receive, solicit, hold, administer, and use 
     any gift, devise, or bequest made to the Foundation for the 
     express purpose of supporting whale conservation; and
       ``(ii) deposit in the endowment fund under paragraph (1) 
     any funds made available to the Foundation under this 
     subparagraph, including any income or interest earned from a 
     gift, devise, or bequest received by the Foundation under 
     this subparagraph.
       ``(B) To raise funds to be deposited in the endowment fund 
     under paragraph (1), the Foundation may enter into 
     appropriate arrangements to provide for the design, 
     copyright, production, marketing, or licensing, of logos, 
     seals, decals, stamps, or any other item that the Foundation 
     determines to be appropriate.
       ``(C)(i) The Secretary of Commerce may transfer to the 
     Foundation for deposit in the endowment fund under paragraph 
     (1)--
       ``(I) any amount (or portion thereof) received by the 
     Secretary under section 105(a)(1) of the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1375(a)(1)) as a civil 
     penalty assessed by the Secretary under that section; or
       ``(II) any amount (or portion thereof) received by the 
     Secretary as a settlement or award for damages in a civil 
     action or other legal proceeding relating to damage of 
     natural resources.
       ``(ii) The Directors of the Board shall ensure that any 
     amounts transferred to the Foundation under clause (i) for 
     the endowment fund under paragraph (1) are deposited in that 
     fund in accordance with this subparagraph.
       ``(3) It is the intent of Congress that in making 
     expenditures from the endowment fund under paragraph (1) to 
     carry out activities specified in that paragraph, the 
     Foundation should give priority to funding projects that 
     address the conservation of populations of whales that the 
     Foundation determines--
       ``(A) are the most endangered (including the northern right 
     whale (Eubaleana glacialis)); or
       ``(B) most warrant, and are most likely to benefit from, 
     research managment, or educational activities that may be 
     funded with amounts made available from the fund.

[[Page S8931]]

       ``(g) In carrying out any action on the part of the 
     Foundation under subsection (f), the Directors of the Board 
     shall consult with the Administrator of the National Oceanic 
     and Atmospheric Administration and the Marine Mammal 
     Commission.''.
                                 ______
                                 

                LIEBERMAN (AND OTHERS) AMENDMNT NO. 3280

  Mr. LIEBERMAN (for himself, Mr. Thomas, Mr. Graham, Mr. Lugar, Mr. 
Bingaman, Mr. Mack, Mr. Durbin, Mr. Inhofe, Mr. Kohl, Mr. Reid, Mr. 
Breaux, Mr. Brownback, Mr. Craig, and Mr. Smith of Oregon) proposed an 
amendment to the bill, S. 2260, supra; as follows:

       At the appropriate place in title VI, insert the following 
     new section:

     SEC. 6____. SENSE OF THE SENATE REGARDING JAPAN'S RECESSION.

       (a) Findings.--Congress makes the following findings:
       (1) The United States and Japan share common goals of 
     peace, stability, democracy, and economic prosperity in East 
     and Southeast Asia and around the world.
       (2) Japan's economic and financial crisis represents a new 
     challenge to United States-Japanese cooperation to achieve 
     these common goals and threatens the economic stability of 
     East and Southeast Asia and the United States.
       (3) A strong United States-Japanese alliance is critical to 
     stability in East and Southeast Asia.
       (4) The importance of the United States-Japanese alliance 
     was reaffirmed by the President of the United States and the 
     Prime Minister of Japan in the April 1996 Joint Security 
     Declaration.
       (5) United States-Japanese bilateral military cooperation 
     was enhanced with the revision of the United States 
     Guidelines for Defense Cooperation in 1997.
       (6) The Japanese economy, the second largest in the world 
     and over 2 times larger than the economy in the rest of East 
     Asia, has been growing at a little over 1 percent annually 
     since 1991 and is currently in a recession with some 
     forecasts suggesting that it will contract by 1.5 percent in 
     1998.
       (7) The estimated $574,000,000,000 of problem loans in 
     Japan's banking sector and other problems associated with an 
     unstable banking sector remain the major roadblock to 
     economic recovery in Japan.
       (8) The recent weakness in the yen, following a 10 percent 
     depreciation of the yen against the dollar over the last 5 
     months and a 45 percent depreciation since 1995, has placed 
     competitive price pressures on United States industries and 
     workers and is putting downward pressure on China and the 
     rest of the economies in East and Southeast Asia to begin 
     another round of competitive currency devaluations.
       (9) Japan's current account surplus has increased by 60 
     percent over the last 12 months from 71,579,000,000 yen in 
     1996 to 114,357,000,000 yen in 1997.
       (10) A period of deflation in Japan would lead to lower 
     demand for United States products.
       (11) The unnecessary and burdensome regulation of the 
     Japanese market constrains Japanese economic growth and 
     raises costs to business and consumers.
       (12) Deregulating Japan's economy and spurring economic 
     growth would ultimately benefit the Japanese people with a 
     higher standard of living and a more secure future.
       (13) Japan's economic recession is slowing the growth of 
     the United States gross domestic product and job creation in 
     the United States.
       (14) Japan has made significant efforts to restore economic 
     growth with a 16,000,000,000,000 yen stimulus package that 
     includes 4,500,000,000,000 yen in tax cuts and 
     11,500,000,000,000 yen in government spending, a Total Plan 
     to restore stability to the private banking sector, and joint 
     intervention with the United States to strengthen the value 
     of the yen in international currency markets.
       (15) The people of Japan expressed deep concern about 
     economic conditions and government leadership in the Upper 
     House elections held on July 12, 1998.
       (16) The Prime Minister of Japan tendered his resignation 
     on July 13, 1998, to take responsibility for the Liberal 
     Democratic Party's poor election results and to acknowledge 
     the desire of the people of Japan for new leadership to 
     restore economic stability.
       (17) Japan's economic recession is having an adverse effect 
     on the economy of the United States and is now seriously 
     threatening the 9 years of unprecedented economic expansion 
     in the United States.
       (18) Japan's economic recession is having an adverse effect 
     on the recovery of the East and Southeast Asian economies.
       (19) The American people and the countries of East and 
     Southeast Asia are looking for a demonstration of Japanese 
     leadership and close United States-Japanese cooperation in 
     resolving Japan's economic crisis.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the President, the Secretary of the Treasury, and the 
     United States Trade Representative should emphasize the 
     importance of financial deregulation, including banking 
     reform, market deregulation, and restructuring bad bank debt 
     as fundamental to Japan's economic recovery; and
       (2) the President, the Secretary of the Treasury, the 
     United States Trade Representative, the Secretary of 
     Commerce, and the Secretary of State should communicate to 
     the Japanese Government that the first priority of the new 
     Prime Minister of Japan and his Cabinet should be to restore 
     economic growth in Japan and promote stability in 
     international financial markets.
                                 ______
                                 

                       BUMPERS AMENDMENT NO. 3281

  Mr. GREGG (for Mr. Bumpers) proposed an amendment the bill, S. 2260, 
supra; as follows:

       At the appropriate place add the following:

     SEC.    .

       (a) Add the following at the end of 8 U.S.C. 1153(b)(5)(C):
       (iv) Definition
       (A) As used in this subsection the term `capital' means 
     cash, equipment, inventory, other tangible property, and cash 
     equivalents, but shall not include indebtedness. Nothing in 
     this subsection shall be construed to exclude documents, such 
     as binding contracts, as evidence that a petitioner is in the 
     process of investing capital as long as the capital is not in 
     the form of indebtedness with a period that payback exceeds 2 
     months.
       (B) Assets acquired, directly or indirectly, by unlawful 
     means (such as criminal activities) shall not be considered 
     capital for the purposes of this subsection. A petitioner's 
     sworn declaration concerning lawful sources of capital shall 
     constitute presumptive proof of lawful sources for the 
     purposes of this subsection, although nothing herein shall 
     preclude further inquiry, prior to approval of conditional 
     lawful permanent resident status.
       (b) This section shall not apply to any application filed 
     prior to July 23, 1998.
                                 ______
                                 

                      FEINSTEIN AMENDMENT NO. 3282

  Mrs. FEINSTEIN proposed an amendment to amendment No. 3258 proposed 
by Mr. Smith of Oregon to the bill, S. 2260, supra; as follows:

       On page 20, line 19, after the period, insert:
       Independent contractors, agricultural associations and such 
     similar entities shall be subject to a cap on the number of 
     H2-A visas that they may sponsor at the discretion of the 
     Secretary of Labor.
                                 ______
                                 

                       KENNEDY AMENDMENT NO. 3283

  Mr. KENNEDY proposed an amendment to amendment No. 3258 proposed by 
Mr. Smith of Oregon to the bill, S. 2260, supra; as follows:

       At the end of the amendment add the following:

     SEC.    . PRESIDENTIAL AUTHORITY.

       In implementing this title, the President of the United 
     States shall not implement any provision that he deems to be 
     in violation of any of the following principles:
       Where the procedures for using the program are simple and 
     the least burdensome for growers;
       Which assures an adequate labor supply for growers in a 
     predictable and timely manner;
       That provides a clear and meaningful first preference for 
     U.S. farm workers and a means for mitigating against the 
     development of a structural dependency on foreign workers in 
     an area or crop;
       Which avoids the transfer of costs and risks from 
     businesses to low wage workers;
       That encourages longer periods of employment for legal U.S. 
     workers; and
       Which assures decent wages and working conditions for 
     domestic and foreign farm workers, and that normal market 
     forces work to improve wages, benefits, and working 
     conditions.
                                 ______
                                 
      GREGG (AND HOLLINGS) AMENDMENT NO. 3284
  Mr. GREGG (for himself and Mr. Hollings) proposed an amendment to the 
bill, S. 2260, supra; as follows:

                     TITLE I--DEPARTMENT OF JUSTICE

       On page 2, line 24, insert ``forfeited'' after the first 
     comma.
       On page 45, line 17, insert ``13'' and insert ``286''.
       On page 5 of the Bill, on lines 8 and 9, strike the 
     following: ``National Consortium for First Responders'', and 
     insert the following: ``National Domestic Preparedness 
     Consortium''.
       On page 27 of the Bill, on line 10, after the words ``unit 
     of local government'', insert the words ``at the parish 
     level''.
       On page 29 of the Bill, on line 13 after ``Tribal Courts 
     Initiative'', insert the following:
       ``, including $400,000 for the establishment of a Sioux 
     Nation Tribal, Supreme Court''
       On page 51 of the Bill, after line 9, insert the following:
       SEC. 121. Section 170102 of the Violent Crime Control and 
     Law Enforcement Act of 1994 (42 U.S.C. 14072) is amended--
       (1) in subsection (a)(2), by striking ``or'';
       (2) in subsection (g)(3), by striking ``minimally 
     sufficient'' and inserting ``State sexual offender''; and
       (3) by amending subsection (i) to read as follows:
       ``(i) Penalty.--A person who is--
       ``(1) required to register under paragraph (1), (2), or (3) 
     of subsection (g) of this section and knowingly fails to 
     comply with this section;
       ``(2) required to register under a sexual offender 
     registration program in the person's

[[Page S8932]]

     State of residence and knowingly fails to register in any 
     other State in which the person is employed, carries on a 
     vocation, or is a student;
       ``(3) described in section 4042 (c)(4) of title 18, United 
     States Code and knowingly fails to register in any State in 
     which the person resides, is employed, carries on a vocation, 
     or is a student following release from prison or sentencing 
     to probation; or
       ``(4) sentenced by a court martial for conduct in a 
     category specified by the Secretary of Defense under section 
     115(a)(8)(C) of title I of Public Law No. 105-119, and 
     knowingly fails to register in any State in which the person 
     resides, is employed, carries on a vocation, or is a student 
     following release from prison or sentencing to probation, 
     shall, in the case of a first offense under this subsection, 
     be imprisoned for not more than 1 year and, in the case of a 
     second of subsequent offense under this subsection, be 
     imprisoned for not more than 10 years.''.
       On page 51 of the Bill, after line 9, insert the following:
       Sec. 123. (a) In General.--Section 200108 of the Police 
     Corps Act (42 U.S.C. 14097) is amended by striking subsection 
     (b) and inserting the following:
       ``(b) Training Sessions.--A participant in a State Police 
     Corps program shall attend up to 24 weeks, but no less than 
     16 weeks, of training at a residential training center. The 
     Director may approve training conducted in not more than 3 
     separate sessions.''.
       (b) Conforming Amendment.--Section 200108 (c) of the Police 
     Corps Act (42 U.S.C. 14097 (c)) is amended by striking ``16 
     weeks of''.
       (c) Reauthorization.--Section 200112 of the Police Corps 
     Act (42 U.S.C. 14101) is amended by striking ``$20,000'' and 
     all that follows before the period and inserting 
     ``$50,000,000 for fiscal year 1999, $70,000,000 for fiscal 
     year 2000, $90,000,000 for fiscal year 2001, and $90,000,000 
     for fiscal year 2002''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

       On page 66, line 5, strike the proviso ``Provided further, 
     That $587,922,000 shall be made available for the 
     Procurement, acquisition and construction account in fiscal 
     year 1999:'' and insert in lieu thereof ``Provided further, 
     That of the $10,500,000 available for the estuarine research 
     reserve system, $2,000,000 shall be made available for the 
     Office of response and restoration and $1,160,000 shall be 
     made available for Navigation services, mapping and charting: 
     Provided further, That of funds made available for the 
     National Marine Fisheries Service information collection and 
     analyses, $400,000 shall be made available to continue 
     Atlantic Herring and Mackerel studies: Provided further, That 
     of the $8,500,000 provided for the interstate fisheries 
     commissions, $7,000,000 shall be provided to the Atlantic 
     States Marine Fisheries Commission for the Atlantic Coastal 
     Cooperative Fisheries Management Act, $750,000 shall be 
     provided for the Atlantic Coastal Cooperative Statistics 
     Program, and the remainder shall be provided to each of the 
     three interstate fisheries commissions (including the ASMFC): 
     Provided further, That within the Procurement, Acquisition 
     and Construction account that $3,000,000 shall be made 
     available for the National Estuarine Research Reserve 
     construction * * * and $5,000,000 shall be made available for 
     Great Bay land acquisition.''
       On page 72, line 15, after ``(3)(L)'', replace the brackets 
     with parentheses around the phrase ``as identified by the 
     Governor'' and on line 16, before the period add a quotation 
     mark.

                     TITLE V--INDEPENDENT AGENCIES


                     SMALL BUSINESS ADMINISTRATION

       On page 116, line 17, change ``1998'' to ``1999'' and 
     ``1999'' to ``2000''.
       On page 117, line 6, strike ``to this appropriation and 
     used for necessary expenses of the agency'' and insert in 
     lieu thereof ``to and merged with the appropriations for 
     salaries and expenses:''
       On page 117, line 12, strike ``20 (n)(2)(B)'' and insert in 
     lieu thereof ``20(d)(1)(B)(ii)''.
                                 ______
                                 

                    MOSELEY-BRAUN AMENDMENT NO. 3285

  Mr. GREGG (for Ms. Moseley-Braun) proposed an amendment to the bill, 
S. 2260, supra; as follows:

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

     SEC. 121. INTERNET PREDATOR PREVENTION.

       (a) Prohibition and Penalties.--Chapter 110 of title 18, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 2261. Publication of identifying information relating 
       to a minor for criminal sexual purposes

       ``(a) Definition of Identifying Information Relating to a 
     Minor.--In this section, the term `identifying information 
     relating to a minor' includes the name, address, telephone 
     number, social security number, or e-mail address of a minor.
       ``(b) Prohibition and Penalties.--Whoever, through the use 
     of any facility in or affecting interstate or foreign 
     commerce (including any interactive computer service) 
     publishes, or causes to be published, any identifying 
     information relating to a minor who has not attained the age 
     of 17 years, for the purpose of soliciting any person to 
     engage in any sexual activity for which the person can be 
     charged with criminal offense under Federal or State law, 
     shall be imprisoned not less than 1 and not more than 5 
     years, fined under this title, or both.''.
       (b) Technical Amendment.--The analysis for chapter 110 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``2261. Publication of identifying information relating to a minor for 
              criminal sexual purposes.''.
                                 ______
                                 

                        DODD AMENDMENT NO. 3286

  Mr. GREGG (for Mr. Dodd) 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) Requirement.--Section 230 of the 
     Communications Act of 1934 (47 U.S.C. 230) is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Obligations of Internet Access Providers.--
       ``(1) In general.--An Internet access provider shall, at 
     the time of entering into an agreement with a customer for 
     the provision of Internet access services, offer such 
     customer (either for a fee or at no charge) screening 
     software that is designed to permit the customer to limit 
     access to material on the Internet that is harmful to minors.
       ``(2) Definitions.--As used in this subsection:
       ``(A) Internet access provider.--The term `Internet access 
     provider' means a person engaged in the business of providing 
     a computer and communications facility through which a 
     customer may obtain access to the Internet, but does not 
     include a common carrier to the extent that it provides only 
     telecommunications services.
       ``(B) Internet access services.--The term `Internet access 
     services' means the provision of computer and communications 
     services through which a customer using a computer and a 
     modem or other communications device may obtain access to the 
     Internet, but does not include telecommunications services 
     provided by a common carrier.''.
       ``(C) Screening software.--The term `screening software' 
     means software that is designed to permit a person to limit 
     access to material on the Internet that is harmful to 
     minors.''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply to agreements for the provision of Internet 
     access services entered into on or after the date that is 6 
     months after the date of enactment of this Act.
                                 ______
                                 

                SPECTER (AND OTHERS) AMENDMENT NO. 3287

  Mr. GREGG (for Mr. Specter for himself, Mr. Santorum, and Mr. Durbin) 
proposed an amendment to the bill, S. 2260, supra; as follows:

       At the appropriate place, insert:

     SEC.   . TRANSFER OF COUNTY.

       (a) Section 118 of title 28, United States Code, is 
     amended--
       (1) in subsection (a) by striking ``Philadelphia, and 
     Schuylkill'' and inserting ``and Philadelphia''; and
       (2) in subsection (b) by inserting ``Schuylkill,'' after 
     ``Potter,''.
       (b) Effective Date.--
       (1) In general.--This section and the amendments made by 
     this section shall take effect 180 days after the date of the 
     enactment of this Act.
       (2) Pending cases not affected.--This section and the 
     amendments made by this section shall not affect any action 
     commenced before the effective date of this section and 
     pending on such date in the United States District Court for 
     the Eastern District of Pennsylvania.
       (3) Juries not affected.--This section and the amendments 
     made by this section shall not affect the composition, or 
     preclude the service, of any grand or petit jury summoned, 
     impaneled, or actually serving on the effective date of this 
     section.
                                 ______
                                 

                        BYRD AMENDMENT NO. 3288

  Mr. GREGG (for Mr. Byrd) proposed an amendment to the bill, S. 2260, 
supra; as follows:

       At the appropriate place in title VI, insert the following 
     new section:

     SEC. ____. REPORT ON KOREAN STEEL SUBSIDIES.

       (a) In General.--Not later than 60 days after the date of 
     enactment of this Act, the United States Trade Representative 
     (in this section referred to as the ``Trade Representative'') 
     shall report to Congress on the Trade Representative's 
     analysis regarding--
       (1) whether the Korean Government provided subsidies to 
     Hanbo Steel;
       (2) whether such subsidies had an adverse effect on United 
     States companies;
       (3) the status of the Trade Representative's contacts with 
     the Korean Government with respect to industry concerns 
     regarding Hanbo Steel and efforts to eliminate subsidies; and
       (4) the status of the Trade Representative's contacts with 
     other Asian trading partners regarding the adverse effect of 
     Korean steel subsidies on such trading partners.
       (b) Status of Investigation.--The report described in 
     subsection (a) shall also include information on the status 
     of any investigations initiated as a result of press reports 
     that the Korean Government ordered Pohang Iron and Steel 
     Company, in which the Government owns a controlling interest, 
     to sell

[[Page S8933]]

     steel in Korea at a price that is 30 percent lower than the 
     international market prices.
                                 ______
                                 

               MURKOWSKI (AND STEVENS) AMENDMENT NO. 3289

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

       On Page 135, between lines 11 and 12, insert the following:
       Sec. 620. Notwithstanding any other provision of law, no 
     funds appropriated or otherwise made available for fiscal 
     year 1999 by this Act or any other Act may be obligated or 
     expended for purposes of enforcing any rule or regulation 
     requiring the installation or operation aboard United States 
     fishing industry vessels of the Global Maritime Distress and 
     Safety System (GMDSS).
                                 ______
                                 

                     KYL AMENDMENTS NOS. 3290-3291

  Mr. GREGG (for Kyl) proposed two amendments to the bill, S. 2260, 
supra; as follows:

                           Amendment No. 3290

       At the appropriate place, insert the following:

     SEC. ____. SPECIAL MASTERS FOR CIVIL ACTIONS CONCERNING 
                   PRISON CONDITIONS.

       Section 3626(f) of title 18, United States Code, is 
     amended--
       (1) by striking the subsection heading and inserting the 
     following:
       ``(f) Special Masters For Civil Actions Concerning Prison 
     Conditions.--''; and
       (2) in paragraph (4)--
       (A) by inserting ``(A)'' after ``(4)'';
       (B) in subparagraph (A), as so designated, by adding at the 
     end the following: ``In no event shall a court require a 
     party to a civil action under this subsection to pay the 
     compensation, expenses, or costs of a special master. 
     Notwithstanding any other provision of law (including section 
     306 of the Act entitled `An Act making appropriations for the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and related agencies for the fiscal year ending September 30, 
     1997,' contained in section 101(a) of title I of division A 
     of the Act entitled `An Act making omnibus consolidated 
     appropriations for the fiscal year ending September 30, 1997' 
     (110 Stat. 3009-201)) and except as provided in subparagraph 
     (B), the requirement under the preceding sentence shall apply 
     to the compensation and payment of expenses or costs of a 
     special master for any action that is commenced, before, on, 
     or after the date of enactment of the Prison Litigation 
     Reform Act of 1995.''; and
       (C) by adding at the end the following:
       ``(B) The payment requirements under subparagraph (A) shall 
     not apply to the payment to a special master who was 
     appointed before the date of enactment of the Prison 
     Litigation Reform Act of 1995 (110 Stat. 1321-165 et seq.) of 
     compensation, expenses, or costs relating to activities of 
     the special master under this subsection that were carried 
     out during the period beginning on the date of enactment of 
     the Prison Litigation Reform Act of 1995 and ending on the 
     date of enactment of this subparagraph.''.
                                  ____


                           Amendment No. 3291

       On page 100, between lines 18 and 19, insert the following:
       Sec. 407. (a) Waiver of Fees for Certain Visas.--
       (1) Requirement.--
       (A) In general.--Notwithstanding any other provision of law 
     and subject to subparagraph (B), the Secretary of State and 
     the Attorney General shall waive the fee for the processing 
     of any application for the issuance of a machine readable 
     combined border crossing card and nonimmigrant visa under 
     section 101(a)(15)(B) of the Immigration and Nationality Act 
     in the case of any alien under 15 years of age where the 
     application for the machine readable combined border crossing 
     card and nonimmigrant visa is made in Mexico by a citizen of 
     Mexico who has at least one parent or guardian who has a visa 
     under such section or is applying for a machine readable 
     combined border crossing card and nonimmigrant visa under 
     such section as well.
       (B) Delayed commencement.--The Secretary of State and the 
     Attorney General may not commence implementation of the 
     requirement in subparagraph (A) until the later of--
       (i) the date that is 6 months after the date of enactment 
     of this Act; or
       (ii) the date on which the Secretary sets the amount of the 
     fee or surcharge in accordance with paragraph (3).
       (2) Period of validity of visas.--
       (A) In general.--Except as provided in subparagraph (B), if 
     the fee for a machine readable combined border crossing card 
     and nonimmigrant visa issued under section 101(a)(15)(B) of 
     the Immigration and Nationality Act has been waived under 
     paragraph (1) for a child under 15 years of age, the machine 
     readable combined border crossing card and nonimmigrant visa 
     shall be issued to expire on the earlier of--
       (i) the date on which the child attains the age of 15; or
       (ii) ten years after its date of issue.
       (B) Exception.--At the request of the parent or guardian of 
     any alien under 15 years of age otherwise covered by 
     subparagraph (A), the Secretary of State and the Attorney 
     General may charge a fee for the processing of an application 
     for the issuance of a machine readable combined border 
     crossing card and nonimmigrant visa under section 
     101(a)(15)(B) of the Immigration and Nationality Act provided 
     that the machine readable combined border crossing card and 
     nonimmigrant visa is issued to expire as of the same date as 
     is usually provided for visas issued under that section.
       (3) Recoupment of costs resulting from waiver.--
     Notwithstanding any other provision of law, the Secretary of 
     State shall set the amount of the fee or surcharge authorized 
     pursuant to section 140(a) of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
     103-236; 8 U.S.C. 1351 note) for the processing of machine 
     readable combined border crossing cards and nonimmigrant 
     visas at a level that will ensure the full recovery by the 
     Department of State of the costs of processing all such 
     combined border crossing cards and nonimmigrant visas, 
     including the costs of processing such combined border 
     crossing cards and nonimmigrant visas for which the fee is 
     waived pursuant to this subsection.
       (b) Processing in Mexican Border Cities.--The Secretary of 
     State shall continue, until at least October 1, 2003, or 
     until all border crossing identification cards in circulation 
     have otherwise been required to be replaced under section 
     104(b)(3) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (as added by section 116(b)(2) of 
     this Act), to process applications for visas under section 
     101(a)(15)(B) of the Immigration and Nationality Act at the 
     following cities in Mexico located near the international 
     border with the United States: Nogales, Nuevo Laredo, Ciudad 
     Acuna, Piedras Negras, Agua Prieta, and Reynosa.
                                 ______
                                 

                       GRAHAM AMENDMENT NO. 3292

  Mr. GREGG (for Mr. Graham) proposed an amendment to the bill, S. 
2260, supra; as follows:

       On page 100, between lines 18 and 19, insert the following:
       Sec. 407. (a) The purpose of this section is to protect the 
     national security interests of the United States while 
     studying the appropriate level of resources to improve the 
     issuance of visas to legitimate foreign travelers.
       (b) Congress recognizes the importance of maintaining 
     quality service by consular officers in the processing of 
     applications for nonimmigrant visas and finds that this 
     requirement should be reflected in any timeliness standards 
     or other regulations governing the issuance of visas.
       (c) The Secretary of State shall conduct a study to 
     determine, with respect to the processing of nonimmigrant 
     visas within the Department of State--
       (1) the adequacy of staffing at United States consular 
     posts, particularly during peak travel periods;
       (2) the adequacy of service to international tourism;
       (3) the adequacy of computer and technical support to 
     consular posts; and
       (4) the appropriate standard to determine whether a country 
     qualifies as a pilot program country under the visa waiver 
     pilot program in section 217 of the Immigration and 
     Nationality Act (8 U.S.C. 1187).
       (d)(1) Not later than 120 days after the date of enactment 
     of this Act, the Secretary of State shall submit a report to 
     Congress setting forth--
       (A) the results of the study conducted under subsection 
     (c); and
       (B) the steps the Secretary has taken to implement 
     timeliness standards.
       (2) Beginning one year after the date of submission of the 
     report required by paragraph (1), and annually thereafter, 
     the Secretary of State shall submit a report to Congress 
     describing the implementation of timeliness standards during 
     the preceding year.
       (e) In this section--
       (1) the term ``nonimmigrant visas'' means visas issued to 
     aliens described in section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)); and
       (2) the term ``timeliness standards'' means standards 
     governing the timely processing of applications for 
     nonimmigrant visas at United States consular posts.
                                 ______
                                 

                        LOTT AMENDMENT NO. 3293

  Mr. GREGG (for Mr. Lott) proposed an amendment to the bill, S. 2260, 
supra; as follows:

       On page 86, line 8, insert the following after the colon:
       Provided further, That not to exceed $2,400,000 shall only 
     be available to establish an international center for 
     response to chemical, biological, and nuclear weapons;
       At the end to title VII, insert the following:

                          Department of State


              contributions to international organizations

                              (rescission)

       Of the total amount of appropriations provided in Acts 
     enacted before this Act for the Interparliamentary Union, 
     $400,000 is rescinded.
                                 ______
                                 

                        BIDEN AMENDMENT NO. 3294

  Mr. GREGG (for Mr. Biden) proposed an amendment to the bill, S. 2260, 
supra; as follows:


[[Page S8934]]


       On page 96, strike lines 3 through 16.

                              AN AMENDMENT

       At the appropriate place in the bill, insert the following:
       Sec. ____. (a) Short Title.--This Act may be cited as the 
     ``American Competitiveness Act''.
       (b) References in Act.--Except as otherwise specifically 
     provided in this Act, whenever in this Act an amendment or 
     repeal is expressed as an amendment to or a repeal of a 
     provision, the reference shall be deemed to be made to the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (c) Congress makes the following findings:
       (1) American companies today are engaged in fierce 
     competition in global markets.
       (2) Companies across America are faced with severe high 
     skill labor shortages that threaten their competitiveness.
       (3) The National Software Alliance, a consortium of 
     concerned government, industry, and academic leaders that 
     includes the United States Army, Navy, and Air Force, has 
     concluded that ``The supply of computer science graduates is 
     far short of the number needed by industry.''. The Alliance 
     concludes that the current severe understaffing could lead to 
     inflation and lower productivity.
       (4) The Department of Labor projects that the United States 
     economy will produce more than 130,000 information technology 
     jobs in each of the next 10 years, for a total of more than 
     1,300,000.
       (5) Between 1986 and 1995, the number of bachelor's degrees 
     awarded in computer science declined by 42 percent. 
     Therefore, any short-term increases in enrollment may only 
     return the United States to the 1986 level of graduates and 
     take several years to produce these additional graduates.
       (6) A study conducted by Virginia Tech for the Information 
     Technology Association of America estimates that there are 
     more than 340,000 unfilled positions for highly skilled 
     information technology workers in American companies.
       (7) The Hudson Institute estimates that the unaddressed 
     shortage of skilled workers throughout the United States 
     economy will result in a 5-percent drop in the growth rate of 
     GDP. That translates into approximately $200,000,000,000 in 
     lost output, nearly $1,000 for every American.
       (8) It is necessary to deal with the current situation with 
     both short-term and long-term measures.
       (9) In fiscal year 1997, United States companies and 
     universities reached the cap of 65,000 on H-1B temporary 
     visas a month before the end of the fiscal year. In fiscal 
     year 1998 the cap is expected to be reached as early as May 
     if Congress takes no action. And it will be hit earlier each 
     year until backlogs develop of such a magnitude as to prevent 
     United States companies and researchers from having any 
     timely access to skilled foreign-born professionals.
       (10) It is vital that more American young people be 
     encouraged and equipped to enter technical fields, such as 
     mathematics, engineering, and computer science.
       (11) If American companies cannot find home-grown talent, 
     and if they cannot bring talent to this country, a large 
     number are likely to move key operations overseas, sending 
     those and related American jobs with them.
       (12) Inaction in these areas will carry significant 
     consequences for the future of American competitiveness 
     around the world and will seriously undermine efforts to 
     create and keep jobs in the United States.
       (d) Establishment of H1-C Nonimmigrant Category.--
       (1) In general.--Section 101(a)(15)(H)(i) (8 U.S.C. 
     1101(a)(15)(H)(i)) is amended--
       (A) by inserting ``and other than services described in 
     clause (c)'' after ``subparagraph (O) or (P)''; and
       (B) by inserting after ``section 212(n)(1)'' the following: 
     ``, or (c) who is coming temporarily to the United States to 
     perform labor as a health care worker, other than a 
     physician, in a specialty occupation described in section 
     214(i)(1), who meets the requirements of the occupation 
     specified in section 214(i)(2), who qualifies for the 
     exemption from the grounds of inadmissibility described in 
     section 212(a)(5)(C), and with respect to whom the Attorney 
     General certifies that the intending employer has filed with 
     the Attorney General an application under section 
     212(n)(1).''.
       (2) Conforming amendments.--
       (A) Section 212(n)(1) is amended by inserting ``or (c)'' 
     after ``section 101(a)(15)(H)(i)(b)'' each place it appears.
       (B) Section 214(i) is amended by inserting ``or (c)'' after 
     ``section 101(a)(15)(H)(i)(b)'' each place it appears.
       (3) Transition rule.--Any petition filed prior to the date 
     of enactment of this Act, for issuance of a visa under 
     section 101(a)(15)(H)(i)(b) of the Immigration and 
     Nationality Act on behalf of an alien described in the 
     amendment made by paragraph (1)(B) shall, on and after that 
     date, be treated as a petition filed under section 
     101(a)(15)(H)(i)(c) of that Act, as added by paragraph (1).
       (e) Annual Ceilings for H1-B and H1-C Workers.--
       (1) Amendment of the INA.--Section 214(g)(1) (8 U.S.C. 
     1184(g)(1)) is amended to read as follows:
       ``(g)(1) The total number of aliens who may be issued visas 
     or otherwise provided nonimmigrant status during any fiscal 
     year--
       ``(A) under section 101(a)(15)(H)(i)(b)--
       ``(i) for each of fiscal years 1992 through 1997, and for 
     any other fiscal year for which this subsection does not 
     specify a higher ceiling, may not exceed 65,000,
       ``(ii) for fiscal year 1998, may not exceed 95,000,
       ``(iii) for fiscal year 1999, may not exceed the number 
     determined for fiscal year 1998 under such section, minus 
     10,000, plus the number of unused visas under subparagraph 
     (B) for the fiscal year preceding the applicable fiscal year, 
     and
       ``(iv) for fiscal year 2000, and each applicable fiscal 
     year thereafter through fiscal year 2002, may not exceed the 
     number determined for fiscal year 1998 under such section, 
     minus 10,000, plus the number of unused visas under 
     subparagraph (B) for the fiscal year preceding the applicable 
     fiscal year, plus the number of unused visas under 
     subparagraph (C) for the fiscal year preceding the applicable 
     fiscal year;
       ``(B) under section 101(a)(15)(H)(ii)(b), beginning with 
     fiscal year 1992, may not exceed 66,000; or
       ``(C) under section 101(a)(15)(H)(i)(c), beginning with 
     fiscal year 1999, may not exceed 10,000.

     For purposes of determining the ceiling under subparagraph 
     (A) (iii) and (iv), not more than 20,000 of the unused visas 
     under subparagraph (B) may be taken into account for any 
     fiscal year.''.
       (2) Transition procedures.--Any visa issued or nonimmigrant 
     status otherwise accorded to any alien under clause (i)(b) or 
     (ii)(b) of section 101(a)(15)(H) of the Immigration and 
     Nationality Act pursuant to a petition filed during fiscal 
     year 1998 but approved on or after October 1, 1998, shall be 
     counted against the applicable ceiling in section 214(g)(1) 
     of that Act for fiscal year 1998 (as amended by paragraph (1) 
     of this subsection), except that, in the case where counting 
     the visa or the other granting of status would cause the 
     applicable ceiling for fiscal year 1998 to be exceeded, the 
     visa or grant of status shall be counted against the 
     applicable ceiling for fiscal year 1999.
       (f) Degrees in Mathematics, Computer Science, and 
     Engineering.--Subpart 4 of part A of title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070c et seq.) is amended in 
     section 415A(b) (20 U.S.C. 1070c(b)), by adding at the end 
     the following new paragraph:
       ``(3) Mathematics, computer science, and engineering 
     scholarships.--It shall be a permissible use of the funds 
     made available to a State under this section for the State to 
     establish a scholarship program for eligible students who 
     demonstrate financial need and who seek to enter a program of 
     study leading to a degree in mathematics, computer science, 
     or engineering.''.
       (g) Increased Penalties for Violations of H1-B or H1-C 
     Program.--Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is 
     amended--
       (1) by striking ``a failure to meet'' and all that follows 
     through ``an application--'' and inserting ``a willful 
     failure to meet a condition in paragraph (1) or a willful 
     misrepresentation of a material fact in an application--''; 
     and
       (2) in clause (i), by striking ``$1,000'' and inserting 
     ``$5,000''.
       (h) Spot Inspections During Probationary Period.--Section 
     212(n)(2) (8 U.S.C. 1182(n)(2)) is amended--
       (1) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (2) by inserting after subparagraph (C) the following:
       ``(D) The Secretary of Labor may, on a case-by-case basis, 
     subject an employer to random inspections for a period of up 
     to five years beginning on the date that such employer is 
     found by the Secretary of Labor to have engaged in a willful 
     failure to meet a condition of subparagraph (A), or a 
     misrepresentation of material fact in an application.''.
       (i) Layoff Protection for United States Workers.--Section 
     212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection 
     (b), is further amended by adding at the end the following:
       ``(F)(i) If the Secretary finds, after notice and 
     opportunity for a hearing, a willful failure to meet a 
     condition in paragraph (1) or a willful misrepresentation of 
     a material fact in an application, in the course of which the 
     employer has replaced a United States worker with a 
     nonimmigrant described in section 101(a)(15)(H)(i) (b) or (c) 
     within the 6-month period prior to, or within 90 days 
     following, the filing of the application--
       ``(I) the Secretary shall notify the Attorney General of 
     such finding, and may, in addition, impose such other 
     administrative remedies (including civil monetary penalties 
     in an amount not to exceed $25,000 per violation) as the 
     Secretary determines to be appropriate; and
       ``(II) the Attorney General shall not approve petitions 
     filed with respect to the employer under section 204 or 
     214(c) during a period of at least 2 years for aliens to be 
     employed by the employer.
       ``(ii) For purposes of this subparagraph:
       ``(I) The term `replace' means the employment of the 
     nonimmigrant at the specific place of employment and in the 
     specific employment opportunity from which a United States 
     worker with substantially equivalent qualifications and 
     experience in the specific employment opportunity has been 
     laid off.
       ``(II) The term `laid off ', with respect to an individual, 
     means the individual's loss of employment other than a 
     discharge for inadequate performance, violation of workplace 
     rules, cause, voluntary departure, voluntary

[[Page S8935]]

     retirement, or the expiration of a grant, contract, or other 
     agreement. The term `laid off' does not include any situation 
     in which the individual involved is offered, as an 
     alternative to such loss of employment, a similar employment 
     opportunity with the same employer at the equivalent or 
     higher compensation and benefits as the position from which 
     the employee was discharged, regardless of whether or not the 
     employee accepts the offer.
       ``(III) The term `United States worker' means--

       ``(aa) a citizen or national of the United States;
       ``(bb) an alien who is lawfully admitted for permanent 
     residence; or
       ``(cc) an alien authorized to be employed by this Act or by 
     the Attorney General.''.

       (j) Prohibition of Use of H-1B Visas by Employers Assisting 
     in India's Nuclear Weapons Program.--Section 214(c) is 
     amended--
       (1) by redesignating paragraphs (6), (7), and (8) as 
     paragraphs (7), (8), and (9), respectively; and
       (2) by inserting after paragraph (5) the following new 
     paragraph:
       ``(6) The Attorney General shall not approve a petition 
     under section 101(a)(15)(H)(i)(b) for any employer that has 
     knowledge or reasonable cause to know that the employer is 
     providing material assistance for the development of nuclear 
     weapons in India or any other country.''.
       (k) Expedited Reviews and Decisions.--Section 214(c)(2)(C) 
     (8 U.S.C. 1184(c)(2)(C)) is amended by inserting ``or section 
     101(a)(15)(H)(i)(b)'' after ``section 101(a)(15)(L)''.
       (l) Determinations on Labor Condition Applications To Be 
     Made by Attorney General.--
       (1) In general.--Section 101(a)(15)(H)(i)(b) (8 U.S.C. 
     1101(a)(15)(H)(i)(b)) is amended by striking ``with respect 
     to whom'' and all that follows through ``with the Secretary'' 
     and inserting ``with respect to whom the Attorney General 
     determines that the intending employer has filed with the 
     Attorney General''.
       (2) Conforming amendments.--Section 212(n) (8 U.S.C. 
     1182(n)(1)) is amended--
       (A) in paragraph (1)--
       (i) in the first sentence, by striking ``Secretary of 
     Labor'' and inserting ``Attorney General'';
       (ii) in the sixth and eighth sentences, by inserting ``of 
     Labor'' after ``Secretary'' each place it appears;
       (iii) in the ninth sentence, by striking ``Secretary of 
     Labor'' and inserting ``Attorney General'';
       (iv) by amending the tenth sentence to read as follows: 
     ``Unless the Attorney General finds that the application is 
     incomplete or obviously inaccurate, the Attorney General 
     shall provide the certification described in section 
     101(a)(15)(H)(i)(b) and adjudicate the nonimmigrant visa 
     petition.''; and
       (v) by inserting in full measure margin after subparagraph 
     (D) the following new sentence: ``Such application shall be 
     filed with the employer's petition for a nonimmigrant visa 
     for the alien, and the Attorney General shall transmit a copy 
     of such application to the Secretary of Labor.''; and
       (B) in the first sentence of paragraph (2)(A), by striking 
     ``Secretary'' and inserting ``Secretary of Labor''.
       (3) Costs.--Any additional spending made necessary by 
     reason of the enactment of the amendments made by this 
     subsection shall be effective only to the extent and in the 
     amounts provided in an appropriations Act.
       (m) Prevailing Wage Considerations.--Section 101 (8 U.S.C. 
     1101) is amended by adding at the end the following new 
     subsection:
       ``(i)(1) In computing the prevailing wage level for an 
     occupational classification in an area of employment for 
     purposes of section 212(n)(1)(A)(i)(II) and section 
     212(a)(5)(A) in the case of an employee of--
       ``(A) an institution of higher education (as defined in 
     section 1201(a) of the Higher Education Act of 1965), or a 
     related or affiliated nonprofit entity, or
       ``(B) a nonprofit or Federal research institute or agency,

     the prevailing wage level shall only take into account 
     employees at such institutions, entities, and agencies in the 
     area of employment.
       ``(2) With respect to a professional athlete (as defined in 
     section 212(a)(5)(A)(iii)(II)) when the job opportunity is 
     covered by professional sports league rules or regulations, 
     the wage set forth in those rules or regulations shall be 
     considered as not adversely affecting the wages of United 
     States workers similarly employed and be considered the 
     prevailing wage.
       ``(3) To determine the prevailing wage, employers may use 
     either government or nongovernment published surveys, 
     including industry, region, or statewide wage surveys, to 
     determine the prevailing wage, which shall be considered 
     correct and valid if the survey was conducted in accordance 
     with generally accepted industry standards and the employer 
     has maintained a copy of the survey information.''.
       (n) Posting Requirement.--Section 212(n)(1)(C)(ii) (8 
     U.S.C. 1182(n)(1)(C)(ii)) is amended to read as follows:
       ``(ii) if there is no such bargaining representative, has 
     provided notice of filing in the occupational classification 
     through such methods as physical posting in a conspicuous 
     location, or electronic posting through an internal job bank, 
     or electronic notification available to employees in the 
     occupational classification.''.
       (o) Section 212(n) (8 U.S.C. 1182(n)) is amended by adding 
     at the end the following:
       ``(3) Using data from petitions for visas issued under 
     section 101(a)(15)(H)(i)(b), the Attorney General shall 
     annually submit the following reports to Congress:
       ``(A) Quarterly reports on the numbers of aliens who were 
     provided nonimmigrant status under section 
     101(a)(15)(H)(i)(b) during the previous quarter and who were 
     subject to the numerical ceiling for the fiscal year 
     established under section 214(g)(1).
       ``(B) Annual reports on the occupations and compensation of 
     aliens provided nonimmigrant status under such section during 
     the previous fiscal year.''.
       (p) Study.--The National Science Foundation shall oversee a 
     study involving the participation of individuals representing 
     a variety of points of view, including representatives from 
     academia, government, business, and other appropriate 
     organizations, to assess the labor market needs for workers 
     with high technology skills during the 10-year period 
     beginning on the date of enactment of this Act. The study 
     shall focus on the following issues:
       (1) The future training and education needs of the high-
     technology sector over that 10-year period, including 
     projected job growth for high-technology issues.
       (2) Future training and education needs of United States 
     students to ensure that their skills, at various levels, are 
     matched to the needs of the high technology and information 
     technology sector over that 10-year period.
       (3) An analysis of progress made by educators, employers, 
     and government entities to improve the teaching and 
     educational level of American students in the fields of math, 
     science, computer, and engineering since 1998.
       (4) An analysis of the number of United States workers 
     currently or projected to work overseas in professional, 
     technical, and managerial capacities.
       (5) The following additional issues:
       (A) The need by the high-technology sector for foreign 
     workers with specific skills.
       (B) The potential benefits gained by the universities, 
     employers, and economy of the United States from the entry of 
     skilled professionals in the fields of science and 
     engineering.
       (C) The extent to which globalization has increased since 
     1998.
       (D) The needs of the high-technology sector to localize 
     United States products and services for export purposes in 
     light of the increasing globalization of the United States 
     and world economy.
       (E) An examination of the amount and trend of high 
     technology work that is out-sourced from the United States to 
     foreign countries.
       (q) Report.--Not later than October 1, 2000, the National 
     Science Foundation shall submit a report containing the 
     results of the study described in subsection (a) to the 
     Committees on the Judiciary of the House of Representatives 
     and the Senate.
       (r) Availability of Funds.--Funds available to the National 
     Science Foundation shall be made available to carry out this 
     section.
       (s) Special Rules.--Section 202(a) (8 U.S.C. 1152(a)) is 
     amended by adding at the end the following new paragraph:
       ``(5) Rules for employment-based immigrants.--
       ``(A) Employment-based immigrants not subject to per 
     country limitation if additional visas available.--If the 
     total number of visas available under paragraph (1), (2), 
     (3), (4), or (5) of section 203(b) for a calendar quarter 
     exceeds the number of qualified immigrants who may otherwise 
     be issued such visas, the visas made available under that 
     paragraph shall be issued without regard to the numerical 
     limitation under paragraph (2) of this subsection during the 
     remainder of the calendar quarter.
       ``(B) Limiting fall across for certain countries subject to 
     subsection (e).--In the case of a foreign state or dependent 
     area to which subsection (e) applies, if the total number of 
     visas issued under section 203(b) exceeds the maximum number 
     of visas that may be made available to immigrants of the 
     state or area under section 203(b) consistent with subsection 
     (e) (determined without regard to this paragraph), in 
     applying subsection (e) all visas shall be deemed to have 
     been required for the classes of aliens specified in section 
     203(b).''.
       (t) Conforming Amendments.--
       (1) Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is amended by 
     striking ``paragraphs (3) and (4)'' and inserting 
     ``paragraphs (3), (4), and (5)''.
       (2) Section 202(e)(3) (8 U.S.C. 1152(e)(3)) is amended by 
     striking ``the proportion of the visa numbers'' and inserting 
     ``except as provided in subsection (a)(5), the proportion of 
     the visa numbers''.
       (u) One-Time Protection Under Per Country Ceiling.--
     Notwithstanding section 214(g)(4) of the Immigration and 
     Nationality Act, any alien who--
       (1) as of the date of enactment of this Act is a 
     nonimmigrant described in section 101(a)(15)(H)(i) of that 
     Act;
       (2) is the beneficiary of a petition filed under section 
     204(a) for a preference status under paragraph (1), (2), or 
     (3) of section 203(b); and
       (3) would be subject to the per country limitations 
     applicable to immigrants under those paragraphs but for this 
     subsection,

     may apply for and the Attorney General may grant an extension 
     of such nonimmigrant

[[Page S8936]]

     status until the alien's application for adjustment of status 
     has been processed and a decision made thereon.
       (v) Section 212 (8 U.S.C. 1182) is amended by adding at the 
     end the following new subsection:
       ``(p) Any alien admitted under section 101(a)(15)(B) may 
     accept an honorarium payment and associated incidental 
     expenses for a usual academic activity or activities, as 
     defined by the Attorney General in consultation with the 
     Secretary of Education, if such payment is offered by an 
     institution of higher education (as defined in section 
     1201(a) of the Higher Education Act of 1965) or other 
     nonprofit entity and is made for services conducted for the 
     benefit of that institution or entity.''.
       (w) In General.--Section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
       (1) by striking ``or'' at the end of subparagraph (J),
       (2) by striking the period at the end of subparagraph (K) 
     and inserting ``; or'', and
       (3) by adding at the end the following new subparagraph:
       ``(L) an immigrant who would be described in clause (i), 
     (ii), (iii), or (iv) of subparagraph (I) if any reference in 
     such a clause--
       ``(i) to an international organization described in 
     paragraph (15)(G)(i) were treated as a reference to the North 
     Atlantic Treaty Organization (NATO);
       ``(ii) to a nonimmigrant under paragraph (15)(G)(iv) were 
     treated as a reference to a nonimmigrant classifiable under 
     NATO-6 (as a member of a civilian component accompanying a 
     force entering in accordance with the provisions of the NATO 
     Status-of-Forces Agreement, a member of a civilian component 
     attached to or employed by an Allied Headquarters under the 
     `Protocol on the Status of International Military 
     Headquarters' set up pursuant to the North Atlantic Treaty, 
     or as a dependent); and
       ``(iii) to the Immigration Technical Corrections Act of 
     1988 or to the Immigration and Nationality Technical 
     Corrections Act of 1994 were a reference to the American 
     Competitiveness Act.''.
       (x) Conforming Nonimmigrant Status for Certain Parents of 
     Special Immigrant Children.--Section 101(a)(15)(N) of such 
     Act (8 U.S.C. 1101(a)(15)(N)) is amended--
       (1) by inserting ``(or under analogous authority under 
     paragraph (27)(L))'' after ``(27)(I)(i)'', and
       (2) by inserting ``(or under analogous authority under 
     paragraph (27)(L))'' after ``(27)(I)''.
       (y) Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by 
     section 5 of this Act, is further amended--
       (1) in subparagraph (C), by inserting ``, or that the 
     employer has intimidated, discharged, or otherwise retaliated 
     against any person because that person has asserted a right 
     or has cooperated in an investigation under this paragraph'' 
     after ``a material fact in an application''; and
       (2) by adding at the end the following new subparagraph:
       ``(F) Any alien admitted to the United States as a 
     nonimmigrant described in section 101(a)(15)(H)(i)(b), who 
     files a complaint pursuant to subparagraph (A) and is 
     otherwise eligible to remain and work in the United States, 
     shall be allowed to seek other employment in the United 
     States for the duration of the alien's authorized admission, 
     if--
       ``(i) the Secretary finds a failure by the employer to meet 
     the conditions described in subparagraph (C), and
       ``(ii) the alien notifies the Immigration and 
     Naturalization Service of the name and address of his new 
     employer.''.
       (z) In General.--Section 1 of title IX of the Act of June 
     15, 1917 (22 U.S.C. 213) is amended--
       (1) by striking ``Before'' and inserting ``(a) In 
     General.--Before'', and
       (2) by adding at the end the following new subsection:
       ``(b) Passports Issued for Children Under 16.--
       ``(1) Signatures required.--In the case of a child under 
     the age of 16, the written application required as a 
     prerequisite to the issuance of a passport for such child 
     shall be signed by--
       ``(A) both parents of the child if the child lives with 
     both parents;
       ``(B) the parent of the child having primary custody of the 
     child if the child does not live with both parents; or
       ``(C) the surviving parent (or legal guardian) of the 
     child, if 1 or both parents are deceased.
       ``(2) Waiver.--The Secretary of State may waive the 
     requirements of paragraph (1)(A) if the Secretary determines 
     that circumstances do not permit obtaining the signatures of 
     both parents.''.
       (aa) Effective Date.--The amendments made by this section 
     shall apply to applications for passports filed on or after 
     the date of the enactment of this Act.
       (bb) In General.--Subject to subsection (dd), in 
     establishing demonstration programs under section 452(c) of 
     the Job Training Partnership Act (29 U.S.C. 1732(c)), as in 
     effect on the date of enactment of this Act, or a successor 
     Federal law, the Secretary of Labor shall establish 
     demonstration programs to provide technical skills training 
     for workers, including incumbent workers.
       (cc) Grants.--Subject to subsection (dd), the Secretary of 
     Labor shall award grants to carry out the programs to--
       (1) private industry councils established under section 102 
     of the Job Training Partnership Act (29 U.S.C. 1512), as in 
     effect on the date of enactment of this Act, or successor 
     entities established under a successor Federal law; or
       (2) regional consortia of councils or entities described in 
     paragraph (1).
       (dd) Limitation.--The Secretary of Labor shall establish 
     programs under subsection (bb), including awarding grants to 
     carry out such programs under subsection (cc), only with 
     funds made available to carry out such programs under 
     subsection (a) and not with funds made available under the 
     Job Training Partnership Act or a successor Federal law.
                                 ______
                                 

                        KOHL AMENDMENT NO. 3295

  Mr. GREGG (for Mr. Kohl) proposed an amendment to the bill, S. 2260, 
supra; as follows:

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


  CRIMINAL BACKGROUND CHECKS FOR APPLICANTS FOR EMPLOYMENT IN NURSING 
                FACILITIES AND HOME HEALTH CARE AGENCIES

       Sec. ____. (a) Authority to Conduct Background Checks.--
       (1) In general.--A nursing facility or home health care 
     agency may submit a request to the Attorney General to 
     conduct a search and exchange of records described in 
     subsection (b) regarding an applicant for employment if the 
     employment position is involved in direct patient care.
       (2) Submission of requests.--A nursing facility or home 
     health care agency requesting a search and exchange of 
     records under this section shall submit to the Attorney 
     General a copy of an employment applicant's fingerprints, a 
     statement signed by the applicant authorizing the nursing 
     facility or home health care agency to request the search and 
     exchange of records, and any other identification information 
     not more than 7 days (excluding Saturdays, Sundays, and legal 
     public holidays under section 6103(a) of title 5, United 
     States Code) after acquiring the fingerprints, signed 
     statement, and information.
       (b) Search and Exchange of Records.--Pursuant to any 
     submission that complies with the requirements of subsection 
     (a), the Attorney General shall search the records of the 
     Criminal Justice Information Services Division of the Federal 
     Bureau of Investigation for any criminal history records 
     corresponding to the fingerprints or other identification 
     information submitted. The Attorney General shall provide any 
     corresponding information resulting from the search to the 
     appropriate State or local governmental agency authorized to 
     receive such information.
       (c) Use of Information.--Information regarding an applicant 
     for employment in a nursing facility or home health care 
     agency obtained pursuant to this section may be used only by 
     the facility or agency requesting the information and only 
     for the purpose of determining the suitability of the 
     applicant for employment by the facility or agency in a 
     position involved in direct patient care.
       (d) Fees.--The Attorney General may charge a reasonable 
     fee, not to exceed $50 per request, to any nursing facility 
     or home health care agency requesting a search and exchange 
     of records pursuant to this section to cover the cost of 
     conducting the search and providing the records.
       (e) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Attorney General shall submit a 
     report to Congress on the number of requests for searches and 
     exchanges of records made under this section by nursing 
     facilities and home health care agencies and the disposition 
     of such requests.
       (f) Criminal Penalty.--Whoever knowingly uses any 
     information obtained pursuant to this section for a purpose 
     other than as authorized under subsection (c) shall be fined 
     in accordance with title 18, United States Code, imprisoned 
     for not more than 2 years, or both.
       (g) Immunity From Liability.--A nursing facility or home 
     health care agency that, in denying employment for an 
     applicant, reasonably relies upon information provided by the 
     Attorney General pursuant to this section shall not be liable 
     in any action brought by the applicant based on the 
     employment determination resulting from the incompleteness or 
     inaccuracy of the information.
       (h) Regulations.--The Attorney General may promulgate such 
     regulations as are necessary to carry out this section, 
     including regulations regarding the security, 
     confidentiality, accuracy, use, destruction, and 
     dissemination of information, audits and recordkeeping, the 
     imposition of fees necessary for the recovery of costs, and 
     any necessary modifications to the definitions contained in 
     subsection (i).
       (i) Definitions.--In this section:
       (1) Home health care agency.--The term ``home health care 
     agency'' means an agency that provides home health care or 
     personal care services on a visiting basis in a place of 
     residence.
       (2) Nursing facility.--The term ``nursing facility'' means 
     a facility or institution (or a distinct part of an 
     institution) that is primarily engaged in providing to 
     residents of the facility or institution nursing care, 
     including skilled nursing care, and related services for 
     individuals who require medical or nursing care.
       (j) Applicability.--This section shall apply without fiscal 
     year limitation.

[[Page S8937]]

                                 ______
                                 

                 GORTON (AND OTHERS) AMENDMENT NO. 3296

  Mr. GREGG (for Mr. Gorton for himself, Mr. Hatch, Mrs. Murray, Mr. 
Sessions, Mr. Abraham, Mr. Kyl, and 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. None of the funds made available to the 
     Department of Justice under this Act may be used for any 
     expense relating to, or as reimbursement for any expense 
     incurred in connection with, any foreign travel by an officer 
     or employee of the Antitrust Division of the Department of 
     Justice, if that foreign travel is for the purpose, in whole 
     or in part, of soliciting or otherwise encouraging any 
     antitrust action by a foreign country against a United States 
     company that is a defendant in any antitrust action pending 
     in the United States in which the United States is a 
     plaintiff. Provided, however, that this section shall not: 
     (1) limit the ability of the Department to investigate 
     potential violations of United States antitrust laws; or (2) 
     prohibit assistance authorized pursuant to 15 U.S.C. sections 
     6201-6212, or pursuant to a ratified treaty between the 
     United States and a foreign government, or other 
     international agreement to which the United States is a 
     party.
                                 ______
                                 

                      LANDRIEU AMENDMENT NO. 3297

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

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

     SEC. ____. EXCEPTION TO GROUNDS OF REMOVAL.

       Section 237 of the Immigration and Nationality Act (8 
     U.S.C. 1227) is amended by adding at the end the following 
     new subsection:
       ``(d) This section shall not apply to any alien who was 
     issued a visa or otherwise acquired the status of an alien 
     lawfully admitted to the United States for permanent 
     residence under section 201(b)(2)(A)(i) as an orphan 
     described in section 101(b)(1)(F),'' unless that alien has 
     knowingly declined U.S. citizenship.
                                 ______
                                 

                       D'AMATO AMENDMENT NO. 3298

  Mr. GREGG (for Mr. D'Amato) proposed an amendment to the bill, S. 
2260, supra; as follows:

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

     SEC. 1____. PROTECTION OF PERSONAL AND FINANCIAL INFORMATION 
                   OF CORRECTIONS OFFICERS.

       Notwithstanding any other provision of law, in any action 
     brought by a prisoner under section 1979 of the Revised 
     Statutes (42 U.S.C. 1983) against a Federal, State, or local 
     jail, prison, or correctional facility, or any employee or 
     former employee thereof, arising out of the incarceration of 
     that prisoner--
       (1) the financial records of a person employed or formerly 
     employed by the Federal, State, or local jail, prison, or 
     correctional facility, shall not be subject to disclosure 
     without the written consent of that person or pursuant to a 
     court order, unless a verdict of liability has been entered 
     against that person; and
       (2) the home address, home phone number, social security 
     number, identity of family members, personal tax returns, and 
     personal banking information of a person described in 
     paragraph (1), and any other records or information of a 
     similar nature relating to that person, shall not be subject 
     to disclosure without the written consent of that person, or 
     pursuant to a court order.
                                 ______
                                 

                      BINGAMAN AMENDMENT NO. 3299

  Mr. GREGG (for Mr. Bingaman) proposed an amendment to the bill, S. 
2260, supra; as follows:

       In the appropriate place, insert the following: ``Provided 
     further, That the Border Patrol is authorized to continue 
     helicopter procurement while developing a report on the cost 
     and capabilities of a mixed fleet of manned and unmanned 
     aerial vehicles, helicopters, and fixed-winged aircraft.''
                                 ______
                                 

                        REED AMENDMENT NO. 3300

  Mr. GREGG (for Mr. Reed) proposed an amendment to the bill, S. 2260, 
supra; as follows:

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

     SEC. ____. EXTENSION OF TEMPORARY PROTECTED STATUS FOR 
                   CERTAIN NATIONALS OF LIBERIA.

       (a) Continuation of Status.--Notwithstanding any other 
     provision of law, any alien described in subsection (b) who, 
     as of the date of enactment of this Act, is registered for 
     temporary protected status in the United States under section 
     244(c)(1)(A)(iv) of the Immigration and Nationality Act (8 
     U.S.C. 1254a(c)(1)(A)(iv)), or any predecessor law, order, or 
     regulation, shall be entitled to maintain that status through 
     September 30, 1999.
       (b) Covered Aliens.--An alien referred to in subsection (a) 
     is a national of Liberia or an alien who has no nationality 
     and who last habitually resided in Liberia.
                                 ______
                                 

                        LEAHY AMENDMENT NO. 3301

  Mr. GREGG (for Mr. Leahy) proposed an amendment to the bill, S. 2260, 
supra; as follows:

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

     SEC. ____. ADJUSTMENT OF STATUS OF CERTAIN ASYLEES IN GUAM.

       (a) Adjustment of Status
       (1) Exemption from numerical limitations.--The numerical 
     limitation set forth in section 209(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1159(b)) shall not apply to any 
     alien described in subsection (b).
       (2) Limitation on fees.--
       (A) In general.--Any alien described in subsection (b) who 
     applies for adjustment of status to that of an alien lawfully 
     admitted for permanent residence under section 209(b) of that 
     Act shall not be required to pay any fee for employment 
     authorization or for adjustment of status in excess of the 
     fee imposed on a refugee admitted under section 207(a) of 
     that Act for employment authorization or adjustment of 
     status.
       (B) Effective date.--This paragraph shall apply to 
     applications for employment authorization or adjustment of 
     status filed before, on, or after the date of enactment of 
     this Act.
       (b) Covered Aliens.--An alien described in subsection (a) 
     is an alien who was a United States Government employee, 
     employee of a nongovernmental organization based in the 
     United States, or other Iraqi national who was moved to Guam 
     by the United States Government in 1996 or 1997 pursuant to 
     an arrangement made by the United States Government, and who 
     was granted asylum in the United States under section 208(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1158(a)).
                                 ______
                                 

                        HATCH AMENDMENT NO. 3302

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

       On page 9, beginning on line 15, strike ``Attorneys.'' and 
     insert the following: ``Attorneys: Provided further, That of 
     the total amount appropriated, not to exceed $3,000,000 shall 
     remain available to hire additional assistant U.S. Attorneys 
     and investigators to enforce Federal laws designed to keep 
     firearms out of the hands of criminals, and the Attorney 
     General is directed to initiate a selection process to 
     identify two (2) major metropolitan areas (which shall not be 
     in the same geographic area of the United States) which have 
     an unusually high incidence of gun-related crime, where the 
     funds described in this subsection shall be expended.''
                                 ______
                                 

                       KERREY AMENDMENT NO. 3303

  Mr. GREGG (for Mr. Kerrey for himself, Mr. Dorgan, Mr. Rockefeller, 
Mr. Jeffords, Ms. Snowe, Mr. Wellstone, and Mr. Leahy) proposed an 
amendment to the bill, S. 2260, supra; as follows:

       On page 72, between lines 16 and 17, insert the following:
       Sec. 209. (a)(1) Notwithstanding any other provision of 
     this Act, the amount appropriated by this title under 
     ``National Telecommunications and Information 
     Administration'' under the heading ``information 
     infrastructure grants'' is hereby increased by $9,000,000.
       (2) The additional amount appropriated by paragraph (1) 
     shall remain available until expended.
       (b)(1) Notwithstanding any other provision of this Act, the 
     aggregate amount appropriated by this title under 
     ``DEPARTMENT OF COMMERCE'' is hereby reduced by $9,000,000 
     with the amount of such reduction achieved by reductions of 
     equal amounts from amounts appropriated by each heading under 
     ``DEPARTMENT OF COMMERCE'' except the headings referred to in 
     paragraph (2).
       (2) Reductions under paragraph (1) shall not apply to the 
     following amounts:
       (A) Amounts appropriated under ``National 
     Telecommunications and Information Administration'' under the 
     heading ``public telecommunications facilities, planning and 
     construction'' and under the heading ``information 
     infrastructure grants''.
       (B) Amounts appropriated under any heading under ``National 
     Institute of Standards and Technology''.
       (C) Amounts appropriated under any heading under ``National 
     Oceanic and Atmospheric Administration''.
       (c)(1) Notwithstanding any other provision of this Act, the 
     second proviso under ``National Telecommunications and 
     Information Administration'' under the heading ``information 
     infrastructure grants'' shall have no force or effect.
       (2) Notwithstanding any other provision of law, no entity 
     that receives telecommunications services at preferential 
     rates under section 254(h) of the Communications Act of 1934 
     (47 U.S.C. 254(h)) or receives assistance under the regional 
     information sharing systems grant program of the Department 
     of Justice under part M of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may 
     use funds under a grant under the heading referred to in 
     paragraph (1) to cover any costs of the entity that would 
     otherwise be covered by such preferential rates or such 
     assistance, as the case may be.

[[Page S8938]]

                                 ______
                                 

                    MOSELEY-BRAUN AMENDMENT NO. 3304

  Mr. GREGG (for Ms. Moseley-Braun) proposed an amendment to the bill, 
S. 2260, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC. ____. AGRICULTURAL EXPORT CONTROLS.

       The International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.) is amended--
       (1) by redesignating section 208 as section 209; and
       (2) by inserting after section 207 the following new 
     section:

     ``SEC. 208. AGRICULTURAL CONTROLS.

       ``(a) In General.--
       ``(1) Report to congress.--If the President imposes export 
     controls on any agricultural commodity in order to carry out 
     the provisions of this Act, the President shall immediately 
     transmit a report on such action to Congress, setting forth 
     the reasons for the controls in detail and specifying the 
     period of time, which may not exceed 1 year, that the 
     controls are proposed to be in effect. If Congress, within 60 
     days after the date of its receipt of the report, adopts a 
     joint resolution pursuant to subsection (b), approving the 
     imposition of the export controls, then such controls shall 
     remain in effect for the period specified in the report, or 
     until terminated by the President, whichever occurs first. If 
     Congress, within 60 days after the date of its receipt of 
     such report, fails to adopt a joint resolution approving such 
     controls, then such controls shall cease to be effective upon 
     the expiration of that 60-day period.
       ``(2) Application of paragraph (1).--The provisions of 
     paragraph (1) and subsection (b) shall not apply to export 
     controls--
       ``(A) which are extended under this Act if the controls, 
     when imposed, were approved by Congress under paragraph (1) 
     and subsection (b); or
       ``(B) which are imposed with respect to a country as part 
     of the prohibition or curtailment of all exports to that 
     country.
       ``(b) Joint Resolution.--
       ``(1) In general.--For purposes of this subsection, the 
     term `joint resolution' means only a joint resolution the 
     matter after the resolving clause of which is as follows: 
     `That, pursuant to section 208 of the International Emergency 
     Economic Powers Act, the President may impose export controls 
     as specified in the report submitted to Congress on 
     __________________.', with the blank space being filled with 
     the appropriate date.
       ``(2) Introduction.--On the day on which a report is 
     submitted to the House of Representatives and the Senate 
     under subsection (a), a joint resolution with respect to the 
     export controls specified in such report shall be introduced 
     (by request) in the House of Representatives by the chairman 
     of the Committee on International Relations, for himself and 
     the ranking minority member of the Committee, or by Members 
     of the House designated by the chairman and ranking minority 
     member; and shall be introduced (by request) in the Senate by 
     the Majority Leader of the Senate, for himself and the 
     Minority Leader of the Senate, or by Members of the Senate 
     designated by the Majority Leader and Minority Leader of the 
     Senate. If either House is not in session on the day on which 
     such a report is submitted, the joint resolution shall be 
     introduced in that House, as provided in the preceding 
     sentence, on the first day thereafter on which that House is 
     in session.
       ``(3) Referral.--All joint resolutions introduced in the 
     House of Representatives and in the Senate shall be referred 
     to the appropriate committee.
       ``(4) Discharge of committee.--If the committee of either 
     House to which a joint resolution has been referred has not 
     reported the joint resolution at the end of 30 days after its 
     referral, the committee shall be discharged from further 
     consideration of the joint resolution or of any other joint 
     resolution introduced with respect to the same matter.
       ``(5) Consideration in senate and house of 
     representatives.--A joint resolution under this subsection 
     shall be considered in the Senate in accordance with the 
     provisions of section 601(b)(4) of the International Security 
     Assistance and Arms Export Control Act of 1976. For the 
     purpose of expediting the consideration and passage of joint 
     resolutions reported or discharged pursuant to the provisions 
     of this subsection, it shall be in order for the Committee on 
     Rules of the House of Representatives to present for 
     consideration a resolution of the House of Representatives 
     providing procedures for the immediate consideration of a 
     joint resolution under this subsection which may be similar, 
     if applicable, to the procedures set forth in section 
     601(b)(4) of the International Security Assistance and Arms 
     Export Control Act of 1976.
       ``(6) Passage by 1 house.--In the case of a joint 
     resolution described in paragraph (1), if, before the passage 
     by 1 House of a joint resolution of that House, that House 
     receives a resolution with respect to the same matter from 
     the other House, then--
       ``(A) the procedure in that House shall be the same as if 
     no joint resolution had been received from the other House; 
     but
       ``(B) the vote on final passage shall be on the joint 
     resolution of the other House.
       ``(c) Computation of Time.--In the computation of the 
     period of 60 days referred to in subsection (a) and the 
     period of 30 days referred to in paragraph (4) of subsection 
     (b), there shall be excluded the days on which either House 
     of Congress is not in session because of an adjournment of 
     more than 3 days to a day certain or because of an 
     adjournment of Congress sine die.''.
                                 ______
                                 

                      HUTCHISON AMENDMENT NO. 3305

  Mr. GREGG (for Mrs. Hutchison) proposed an amendment to the bill, S. 
2260, supra; as follows:

       On page 101, line 17, insert after the period ``Provided, 
     That of this amount, $1,400,000 shall be available for 
     Student Incentive Payments.''
                                 ______
                                 

                 DORGAN (AND CONRAD) AMENDMENT NO. 3306

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

       At the appropriate place in title VI, insert the following 
     new section:

     SEC. ____. INVESTIGATION OF PRACTICES OF CANADIAN WHEAT 
                   BOARD.

       (a) In General.--Notwithstanding any other provision of 
     law, not less than 4 of the new employees authorized in 
     fiscal years 1998 and 1999 for the Office of the United 
     States Trade Representative shall work on investigating 
     pricing practices of the Canadian Wheat Board and determining 
     whether the United States spring wheat, barley, or durum 
     wheat industries have suffered injury as a result of those 
     practices.
       (b) Scope of Investigation.--The purpose of the 
     investigation described in subsection (a) shall be to 
     determine whether the practices of the Canadian Wheat Board 
     constitute violations of the antidumping or countervailing 
     duty provisions of title VII of the Tariff Act of 1930 or the 
     provisions of title II or III of the Trade Act of 1974. The 
     investigation shall include--
       (1) a determination as to whether the United States durum 
     wheat industry, spring wheat industry, or barley industry is 
     being materially injured or is threatened with material 
     injury as a result of the practices of the Canadian Wheat 
     Board;
       (2) a determination as to whether the acts, policies, or 
     practices of the Canadian Wheat Board--
       (A) violate, or are inconsistent with, the provisions of, 
     or otherwise deny benefits to the United States under, any 
     trade agreement, or
       (B) are unjustifiable or burden or restrict United States 
     commerce;
       (3) a review of home market price and cost of acquisition 
     of Canadian grain;
       (4) a determination as to whether Canadian grain is being 
     imported into the United States in sufficient quantities to 
     be a substantial cause of serious injury or threat of serious 
     injury to the United States spring wheat, barley, or durum 
     wheat industries; and
       (5) a determination as to whether there is harmonization in 
     the requirements for cross-border transportation of grain 
     between Canada and the United States.
       (c) Action Based On Results of the Investigation.--
       (1) In general.--If, based on the investigation conducted 
     pursuant to this section, there is an affirmative 
     determination under subsection (b) with respect to any act, 
     policy, or practice of the Canadian Wheat Board, appropriate 
     action shall be initiated under title VII of the Tariff Act 
     of 1930, or title II or III of the Trade Act of 1974.
       (2) Correction of harmonization problems.--If, based on the 
     investigation conducted pursuant to this section, there is a 
     determination that there is no harmonization for cross-border 
     grain transportation between Canada and the United States, 
     the United States Trade Representative shall report to 
     Congress regarding what action should be taken in order to 
     harmonize cross-border transportation requirements.
       (d) Report.--Not later than 6 months after the date of 
     enactment of this Act, the United States Trade Representative 
     shall report to Congress on the results of the investigation 
     conducted pursuant to this section.
       (e) Definition of Grain.--For purposes of this section, the 
     terms ``Canadian grain'' and ``grain'' include spring wheat, 
     durum wheat, and barley.
                                 ______
                                 

                     TORRICELLI AMENDMENT NO. 3307

  Mr. GREGG (for Mr. Torricelli) 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) In General.--Section 331 of the 
     Communications Act of 1934 (47 U.S.C. 331) is amended by 
     adding at the end the following:
       ``(c) FM Translator Stations.--(1) It may be the policy of 
     the Commission, in any case in which the licensee of an 
     existing FM translator station operating in the commercial FM 
     band is licensed to a county (or to a community in such 
     county) that has a population of 700,000 or more persons, is 
     not an integral part of a larger municipal entity, and lacks 
     a commercial FM radio station licensed to the county (or to 
     any community within such county), to extend to the 
     licensee--
       ``(A) authority for the origination of unlimited local 
     programming through the station on a primary basis but only 
     if the licensee abides in such programming by all

[[Page S8939]]

     rules, regulations, and policies of the Commission regarding 
     program material, content, schedule, and public service 
     obligations otherwise applicable to commercial FM radio 
     stations; and
       ``(B) authority to operate the station (either 
     omindirectionally or directionally, with facilities 
     equivalent to those of a station operating with maximum 
     effective radiated power of less than 100 watts and maximum 
     antenna height above average terrain of 100 meters) if--
       ``(i) the station is not located within 320 kilometers 
     (approximately 199 miles) of the United States border with 
     Canada or with Mexico;
       ``(ii) the station provides full service FM stations 
     operating on co-channel and first adjacent channels 
     protection from interference as required by rules and 
     regulations of the Commission applicable to full service FM 
     stations; and
       ``(iii) the station complies with any other rules, 
     regulations, and policies of the Commission applicable to FM 
     translator stations that are not inconsistent with the 
     provisions of this subparagraph.
       ``(2) Notwithstanding any rules, regulations, or policies 
     of the Commission applicable to FM translator stations, a 
     station operated under the authority of paragraph (1)(B)--
       ``(A) may accept or receive any amount of theoretical 
     interference from any full service FM station;
       ``(B) may be deemed to comply in such operation with any 
     intermediate frequency (IF) protection requirements if the 
     station's effective radiated power in the pertinent direction 
     is less than 100 watts;
       ``(C) may not be required to provide protection in such 
     operation to any other FM station operating on 2nd or 3rd 
     adjacent channels;
       ``(D) may utilize transmission facilities located in the 
     county to which the station is licensed or in which the 
     station's community of license is located; and
       ``(E) may utilize a directional antennae in such operation 
     to the extent that such use is necessary to assure provision 
     of maximum possible service to the residents of the county in 
     which the station is licensed or in which the station's 
     community of license is located.
       ``(3)(A) A licensee may exercise the authority provided 
     under paragraph (1)(A) immediately upon written notification 
     to the Commission of its intent to exercise such authority.
       ``(B)(i) A licensee may submit to the Commission an 
     application to exercise the authority provided under 
     paragraph (1)(B). The Commission may treat the application as 
     an application for a minor change to the license to which the 
     application applies.
       ``(ii) A licensee may exercise the authority provided under 
     paragraph (1)(B) upon the granting of the application to 
     exercise the authority under clause (i).''.
       (b) Conforming Amendment.--The section heading of that 
     section is amended to read as follows:

     ``SEC. 331. VERY HIGH FREQUENCY STATIONS AND AM AND FM RADIO 
                   STATIONS.''.

       (c) Renewal of Certain Licenses.--(1) Notwithstanding any 
     other provision of law, the Federal Communications Commission 
     may renew the license of an FM translator station the 
     licensee of which is exercising authority under subparagraph 
     (A) or (B) of section 331(c)(1) of the Communications Act of 
     1934, as added by subsection (a), upon application for 
     renewal of such license filed after the date of enactment of 
     this Act, if the Commission determines that the public 
     interest, convenience, and necessity would be served by the 
     renewal of the license.
       (2) If the Commission determines under paragraph (1) that 
     the public interest, convenience, and necessity would not be 
     served by the renewal of a license, the Commission shall, 
     within 30 days of the date on which the decision not to renew 
     the license becomes final, provide for the filing of 
     applications for licenses for FM translator service to 
     replace the FM translator service covered by the license not 
     to be renewed.
                                 ______
                                 

                 ABRAHAM (AND LEVIN) AMENDMENT NO. 3308

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

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

     SEC. 2____. SEDIMENT CONTROL STUDY.

       Of the amounts made available under this Act to the 
     National Oceanic and Atmospheric Administration for 
     operations, research, and facilities that are used for ocean 
     and Great Lakes programs, $50,000 shall be used for a study 
     of sediment control at Grand Marais, Michigan.
                                 ______
                                 

               BROWNBACK (AND INHOFE) AMENDMENT NO. 3309

  Mr. GREGG (for Mr. Brownback for himself and Mr. Inhofe) proposed an 
amendment 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.''.
                                 ______
                                 

                        HATCH AMENDMENT NO. 3310

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

       On page 51, line 9, add a new section 121: Sec. 121. For 
     fiscal year 1999 and thereafter, for any report which is 
     required or authorized by this act to be submitted or 
     delivered to the Committee on Appropriations of the Senate or 
     of the House of Representatives by the Department of Justice 
     or any component, agency, or bureau thereof, or which 
     concerns mattes within the jurisdiction of the Committee on 
     the Judiciary of the Senate of of the House of 
     Representatives, a copy of such report shall be submitted to 
     the Committee on the Judiciary of the Senate or of the House 
     of Representatives, a copy of such report shall be submitted 
     to the Committees on the Judiciary of the Senate and of the 
     House of Representatives concurrently as the report is 
     submitted to the Committee on Appropriations of the Senate or 
     of the House of Representatives.''
                                 ______
                                 

                 BIDEN (AND OTHERS) AMENDMENT NO. 3311

  Mr. GREGG (for Mr. Biden for himself, Mr. Abraham, Mr. Kennedy, Mr. 
Wellstone, and Mr. Leahy) proposed an amendment to the bill, S. 2260, 
supra; as follows:

       At the end of the bill, add the following:

                    TITLE ____--VAWA RESTORATION ACT

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``VAWA Restoration Act''.

     SEC. ____02. REMOVING BARRIERS TO ADJUSTMENT OF STATUS FOR 
                   VICTIMS OF DOMESTIC VIOLENCE.

       (a) In General.--Section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255) is amended--
       (1) in subsection (a), by inserting ``of an alien who 
     qualifies for classification under subparagraph (A)(iii), 
     (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or'' after 
     ``The status'';
       (2) in subsection (a), by adding at the end the following: 
     ``An alien who qualifies for classification under 
     subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
     section 204(a)(1) who files for adjustment of status under 
     this subsection shall pay a $1,000 fee, subject to the 
     provisions of section 245(k).'';
       (3) in subsection (c)(2), by striking ``201(b) or a 
     special'' and inserting ``201(b), an alien who qualifies for 
     classification under subparagraph (A)(iii), (A)(iv), (B)(ii), 
     or (B)(iii) of section 204(a)(1), or a special'';
       (4) in subsection (c)(4), by striking ``201(b))'' and 
     inserting ``201(b) or an alien who qualifies for 
     classification under subparagraph (A)(iii), (A)(iv), (B)(ii), 
     or (B)(iii) of section 204(a)(1))'';
       (5) in subsection (c)(5), by inserting ``(other than an 
     alien who qualifies for classification under subparagraph 
     (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 
     204(a)(1))'' after ``an alien''; and
       (6) in subsection (c)(8), by inserting ``(other than an 
     alien who qualifies for classification under subparagraph 
     (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 
     204(a)(1)'' after ``any alien''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to applications for adjustment of status pending 
     on or after the date of the enactment of this title.

     SEC. ____03. REMOVING BARRIERS TO CANCELLATION OF REMOVAL AND 
                   SUSPENSION OF DEPORTATION FOR VICTIMS OF 
                   DOMESTIC VIOLENCE.

       (a) In General.--
       (1) Special rule for calculating continuous period for 
     battered spouse or child.--Paragraph (1) of section 240A(d) 
     of the Immigration and Nationality Act (8 U.S.C. 1229b(d)(1)) 
     is amended to read as follows:
       ``(1) Termination of continuous period.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     for purposes of this section, any period of continuous 
     residence or continuous physical presence in the United 
     States shall be deemed to end when the alien is served a 
     notice to appear under section 239(a) or when the alien has 
     committed an offense referred to in section 212(a)(2) that 
     renders the alien inadmissible to the United States under 
     section 212(a)(2) or removable from the United States under 
     section 237(a)(2) or 237(a)(4), whichever is earliest.
       ``(B) Special rule for battered spouse or child.--For 
     purposes of subsection (b)(2), the service of a notice to 
     appear referred to in subparagraph (A) shall not be deemed to 
     end any period of continuous physical presence in the United 
     States.''.
       (2) Exemption from annual limitation on cancellation of 
     removal for battered spouse or child.--Section 240A(e)(3) of 
     the Immigration and Nationality Act (8 U.S.C. 1229b(e)(3)) is 
     amended by adding at the end the following:
       ``(C) Aliens whose removal is canceled under subsection 
     (b)(2).''.

[[Page S8940]]

       (3) Effective date.--The amendments made by paragraphs (1) 
     and (2) shall take effect as if included in the enactment of 
     section 304 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     587).
       (b) Modification of Certain Transition Rules for Battered 
     Spouse or Child.--
       (1) In general.--Subparagraph (C) of section 309(c)(5) of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (8 U.S.C. 1101 note) (as amended by section 203 
     of the Nicaraguan Adjustment and Central American Relief Act) 
     is amended--
       (A) by amending the subparagraph heading to read as 
     follows:
       ``(C) Special rule for certain aliens granted temporary 
     protection from deportation and for battered spouses and 
     children.--''; and
       (B) in clause (i)--
       (i) by striking ``or'' at the end of subclause (IV);
       (ii) by striking the period at the end of subclause (V) and 
     inserting ``; or''; and
       (iii) by adding at the end the following:

       ``(VI) is an alien who was issued an order to show cause or 
     was in deportation proceedings prior to April 1, 1997, and 
     who applied for suspension of deportation under section 
     244(a)(3) of the Immigration and Nationality Act (as in 
     effect before the date of the enactment of this Act).''.

       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect as if included in the enactment of section 
     309 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1101 note).

     SEC. ____04. ELIMINATING TIME LIMITATIONS ON MOTIONS TO 
                   REOPEN REMOVAL AND DEPORTATION PROCEEDINGS FOR 
                   VICTIMS OF DOMESTIC VIOLENCE.

       (a) Removal Proceedings.--
       (1) In general.--Section 240(c)(6)(C) of the Immigration 
     and Nationality Act (8 U.S.C. 1229a(c)(6)(C)) is amended by 
     adding at the end the following:
       ``(iv) Special rule for battered spouses and children.--
     There is no time limit on the filing of a motion to reopen, 
     and the deadline specified in subsection (b)(5)(C) does not 
     apply, if the basis of the motion is to apply for adjustment 
     of status based on a petition filed under clause (iii) or 
     (iv) of section 204(a)(1)(A), clause (ii) or (iii) of section 
     204(a)(1)(B), or section 240A(b)(2) and if the motion to 
     reopen is accompanied by a cancellation of removal 
     application to be filed with the Attorney General or by a 
     copy of the self-petition that will be filed with the 
     Immigration and Naturalization Service upon the granting of 
     the motion to reopen.''
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect as if included in the enactment of section 
     304 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     587).
       (b) Deportation Proceedings.--
       (1) In general.--Notwithstanding any limitation imposed by 
     law on motions to reopen deportation proceedings under the 
     Immigration and Nationality Act (as in effect before the 
     title III-A effective date in section 309 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1101 note)), there is no time limit on the filing 
     of a motion to reopen such proceedings, and the deadline 
     specified in section 242B(c)(3) of the Immigration and 
     Nationality Act (as so in effect) does not apply, if the 
     basis of the motion is to apply for relief under clause (iii) 
     or (iv) of section 204(a)(1)(A) of the Immigration and 
     Nationality Act, clause (ii) or (iii) of section 204(a)(1)(B) 
     of such Act, or section 244(a)(3) of such Act (as so in 
     effect) and if the motion to reopen is accompanied by a 
     cancellation of removal application to be filed with the 
     Attorney General or by a copy of the self-petition that will 
     be filed with the Immigration and Naturalization Service upon 
     the granting of the motion to reopen.
       (2) Applicability.--Paragraph (1) shall apply to motions 
     filed by aliens who--
       (A) are, or were, in deportation proceedings under the 
     Immigration and Nationality Act (as in effect before the 
     title III-A effective date in section 309 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1101 note)); and
       (B) have become eligible to apply for relief under clause 
     (iii) or (iv) of section 204(a)(1)(A) of the Immigration and 
     Nationality Act, clause (ii) or (iii) of section 204(a)(1)(B) 
     of such Act, or section 244(a)(3) of such Act (as in effect 
     before the title III-A effective date in section 309 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1101 note)) as a result of the amendments 
     made by--
       (i) subtitle G of title IV of the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 
     1953 et seq.); or
       (ii) section ____03 of this title.
                                 ______
                                 

                 DURBIN (AND OTHERS) AMENDMENT NO. 3312

  Mr. GREGG (for Mr. Durbin for himself, Ms. Collins, Mr. Reid, Mr. 
Kohl, Mr. Harkin, Mr. Cleland, Ms. Mikulski, and Mr. Jeffords) proposed 
an amendment to the bill, S. 2260, supra; as follows:

       On page ____, after line ____, insert the following:
       Sec. ____. (a) In General.--Part T of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 is 
     amended--
       (1) in section 2001 (42 U.S.C. 3796gg)--
       (A) in subsection (a)--
       (i) by inserting ``, including older women'' after ``combat 
     violent crimes against women''; and
       (ii) by inserting ``, including older women'' before the 
     period; and
       (B) in subsection (b)--
       (i) in the matter before subparagraph (A), by inserting ``, 
     including older women'' after ``against women'';
       (ii) in paragraph (6), by striking ``and' after the 
     semicolon;
       (iii) in paragraph (7), by striking the period and 
     inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(8) developing, through the oversight of the State 
     administrator, a curriculum to train and assist law 
     enforcement officers, prosecutors, and relevant officers of 
     Federal, State, tribal, and local courts in recognizing, 
     addressing, investigating, and prosecuting instances 
     involving elder domestic abuse, including domestic violence 
     and sexual assault against older individuals.'';
       (2) in section 2002(c)(2) (42 U.S.C. 3796gg-1), by 
     inserting ``and elder domestic abuse experts'' after ``victim 
     services programs''; and
       (3) in section 2003 (42 U.S.C. 3796gg-2)--
       (A) in paragraph (7), by striking ``and' after the 
     semicolon;
       (B) in paragraph (8), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(9) the term `elder' has the same meaning as the term 
     `older individual' in section 102 of the Older Americans Act 
     of 1965 (42 U.S.C. 3002); and
       ``(10) the term `domestic abuse' means an act or threat of 
     violence, not including an act of self-defense, committed 
     by--
       ``(A) a current or former spouse of the victim;
       ``(B) a person related by blood or marriage to the victim;
       ``(C) a person who is cohabitating with or has cohabitated 
     with the victim;
       ``(D) a person with whom the victim shares a child in 
     common;
       ``(E) a person who is or has been in the social 
     relationship of a romantic or intimate nature with the 
     victim; and
       ``(F) a person similarly situated to a spouse of the 
     victim, or by any other person;

     if the domestic or family violence laws of the jurisdiction 
     of the victim provide for legal protection of the victim from 
     the person.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to grants beginning with fiscal year 1999.
                                 ______
                                 

                      BROWNBACK AMENDMENT NO. 3313

  Mr. GREGG (for Mr. Brownback) proposed an amendment to the bill, S. 
2260, supra; as follows:

       On page 72, between lines 16 and 17, insert the following:
       Sec. 209. (a) In General.--Section 254(a) of the 
     Communications Act of 1934 (47 U.S.C. 254(a)) is amended--
       (1) by striking the second sentence in paragraph (1);
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Membership of joint board.--
       ``(A) In General.--The Joint Board required by paragraph 
     (1) shall be composed of 9 members, as follows:
       ``(i) 3 shall be members of the Federal Communications 
     Commission;
       ``(ii) 1 shall be a State-appointed utility consumer 
     advocate nominated by a national organization of State 
     utility consumer advocates; and
       ``(iii) 5 shall be State utility commissioners nominated by 
     the national organization of State utility commissions, with 
     at least 2 such commissioners being commissioners of 
     commissions of rural States.
       ``(B) Co-chairmen.--The Joint Board shall have 2 co-
     chairmen of equal authority, one of whom shall be a member of 
     the Federal Communications Commission, and the other of whom 
     shall be one of the 5 members described in subparagraph 
     (A)(iii). The Federal Communications Commission shall adopt 
     rules and procedures under which the co-chairmen of the Joint 
     Board will have equal authority and equal responsibility for 
     the Joint Board.
       ``(C) Rural state defined.--In this paragraph, the term 
     `rural State' means any State in which the 1998 high-cost 
     universal service support payments to local telephone 
     companies exceeds 90 cents on a per loop per month basis.''.
       (b) FCC To Adopt Procedures Promptly.--The Federal 
     Communications Commission shall adopt rules under section 
     254(a)(2)(B) of the Communications Act of 1934 (47 U.S.C. 
     254(a)(2)(B)), as added by subsection (a) of this section, 
     within 30 days after the date of enactment of this Act.
       (c) Reconstituted Joint Board To Consider Universal 
     Service.--The Federal-State Joint Board established under 
     section 254(a)(1) of the Communications Act of 1934 (47 
     U.S.C. 254(a)(1)) shall not take action on the Commission's 
     Order and Order on Reconsideration adopted July 13, 1998, (CC 
     Docket No. 96-45; FCC 98-160) relating to universal service 
     until--
       (1) the Commission has adopted rules under section 
     254(a)(2)(B) of the Communications Act of 1934 (47 U.S.C. 
     254(a)(2)(B)); and
       (2) the co-chairman of the Joint Board have been chosen 
     under that section.

[[Page S8941]]

                                 ______
                                 

                     TORRICELLI AMENDMENT NO. 3314

  Mr. GREGG (for Mr. Torricelli) proposed an amendment to the bill, S. 
2260, supra; as follows:

       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, $3,000,000 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 in 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 $3,000,000.
                                 ______
                                 

             LAUTENBERG (AND TORRICELLI) AMENDMENT NO. 3315

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

       On page 34, line 20, insert the following: strike 
     ``65,960,000'' and insert ``66,960,000''.
       On page 34, line 19, insert the following: strike 
     ``$119,960,000'' and insert ``$120,960,000''.
                                 ______
                                 

                      FEINGOLD AMENDMENT NO. 3316

  Mr. GREGG (for Mr. Feingold) proposed an amendment to the bill, S. 
2260, supra; as follows:

       At the appropriate place, insert the following:

     SEC. ____. CHILD EXPLOITATION SENTENCING ENHANCEMENT.

       (a) Definitions.--In this section:
       (1) Child; children.--The term ``child'' or ``children'' 
     means a minor or minors of an age specified in the applicable 
     provision of title 18, United States Code, that is subject to 
     review under this section.
       (2) Minor.--The term ``minor'' means any individual who has 
     not attained the age of 18, except that, with respect to 
     references to section 2243 of title 18, United States Code, 
     the term means an individual described in subsection (a) of 
     that section.
       (b) Increased Penalties For Use of a Computer In the Sexual 
     Abuse or Exploitation of a Child.--Pursuant to the authority 
     granted to the United States Sentencing Commission under 
     section 994(p) of title 28, United States Code, the United 
     States Sentencing Commission shall--
       (1) review the Federal sentencing guidelines on aggravated 
     sexual abuse under section 2241 of title 18, United States 
     Code, sexual abuse under section 2242 of title 18, United 
     States Code, sexual abuse of a minor or ward under section 
     2243 of title 18, United States Code, coercion and enticement 
     of a juvenile under section 2422(b) of title 18, United 
     States Code, and transportation of minors under section 2423 
     of title 18, United States Code; and
       (2) upon completion of the review under paragraph (1), 
     promulgate amendments to the Federal sentencing guidelines to 
     provide an appropriate sentencing enhancement if the 
     defendant used a computer with the intent to persuade, 
     induce, entice, or coerce a child of an age specified in the 
     applicable provision referred to in paragraph (1) to engage 
     in any prohibited sexual activity.
       (c) Increased Penalties For Knowing Misrepresentation In 
     the Sexual Abuse or Exploitation of a Child.--Pursuant to the 
     authority granted to the United States Sentencing Commission 
     under section 994(p) of title 28, United States Code, the 
     United States Sentencing Commission shall--
       (1) review the Federal sentencing guidelines on aggravated 
     sexual abuse under section 2241 of title 18, United States 
     Code, sexual abuse under section 2242 of title 18, United 
     States Code, sexual abuse of a minor or ward under section 
     2243 of title 18, United States Code, coercion and enticement 
     of a juvenile under section 2422(b) of title 18, United 
     States Code, and transportation of minors under section 2423 
     of title 18, United States Code; and
       (2) upon completion of the review under paragraph (1), 
     promulgate amendments to the Federal sentencing guidelines to 
     provide an appropriate sentencing enhancement if the 
     defendant knowingly misrepresented the actual identity of the 
     defendant with the intent to persuade, induce, entice, or 
     coerce a child of an age specified in the applicable 
     provision referred to in paragraph (1) to engage in a 
     prohibited sexual activity.
       (d) Increased Penalties For Pattern of Activity of Sexual 
     Exploitation of Children.--Pursuant to the authority granted 
     to the United States Sentencing Commission under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall--
       (1) review the Federal sentencing guidelines on criminal 
     sexual abuse, the production of sexually explicit material, 
     the possession of materials depicting a child engaging in 
     sexually explicit conduct, coercion and enticement of minors, 
     and the transportation of minors; and
       (2) upon completion of the review under paragraph (1), 
     promulgate amendments to the Federal sentencing guidelines to 
     provide an appropriate sentencing enhancement applicable to 
     the offenses referred to in paragraph (1) in any case in 
     which the defendant engaged in a pattern of activity 
     involving the sexual abuse or exploitation of a minor.
       (e) Repeat Offenders; Increased Maximum Penalties For 
     Transportation For Illegal Sexual Activity and Related 
     Crimes.--
       (1) Repeat Offenders.--
       (A) Chapter 117.--
       (i) In general.--Chapter 117 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2425. Repeat offenders

       ``(a) In General.--Any person described in this subsection 
     shall be subject to the punishment under subsection (b). A 
     person described in this subsection is a person who violates 
     a provision of this chapter, after one or more prior 
     convictions--
       ``(1) for an offense punishable under this chapter, or 
     chapter 109A or 110; or
       ``(2) under any applicable law of a State relating to 
     conduct punishable under this chapter, or chapter 109A or 
     110.
       ``(b) Punishment.--A violation of a provision of this 
     chapter by a person described in subsection (a) is punishable 
     by a term of imprisonment of a period not to exceed twice the 
     period that would otherwise apply under this chapter.''.
       (ii) Conforming amendment.--The analysis for chapter 117 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``2425. Repeat offenders.''.
       (B) Chapter 109a.--Section 2247 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 2247. Repeat offenders

       ``(a) In General.--Any person described in this subsection 
     shall be subject to the punishment under subsection (b). A 
     person described in this subsection is a person who violates 
     a provision of this chapter, after one or more prior 
     convictions--
       ``(1) for an offense punishable under this chapter, or 
     chapter 110 or 117; or
       ``(2) under any applicable law of a State relating to 
     conduct punishable under this chapter, or chapter 110 or 117.
       ``(b) Punishment.--A violation of a provision of this 
     chapter by a person described in subsection (a) is punishable 
     by a term of imprisonment of a period not to exceed twice the 
     period that would otherwise apply under this chapter.''.
       (2) Increased maximum penalties for transportation for 
     illegal sexual activity and related crimes.--
       (A) Transportation generally.--Section 2421 of title 18, 
     United States Code, is amended by striking ``five'' and 
     inserting ``10''.
       (B) Coercion and enticement of minors.--Section 2422 of 
     title 18, United States Code, is amended--
       (i) in subsection (a), by striking ``five'' and inserting 
     ``10''; and
       (ii) in subsection (b), by striking ``10'' and inserting 
     ``15''.
       (C) Transportation of minors.--Section 2423 of title 18, 
     United States Code, is amended--
       (i) in subsection (a), by striking ``ten'' and inserting 
     ``15''; and
       (ii) in subsection (b), by striking ``10'' and inserting 
     ``15''.
       (3) Amendment of sentencing guidelines.--Pursuant to the 
     authority granted to the United States Sentencing Commission 
     under section 994(p) of title 28, United States Code, the 
     United States Sentencing Commission shall--
       (A) review the Federal sentencing guidelines relating to 
     chapter 117 of title 18, United States Code; and
       (B) upon completion of the review under subparagraph (A), 
     promulgate such amendments to the Federal sentencing 
     guidelines as are necessary to provide for the amendments 
     made by this subsection.
       (f) Clarification of Definition of Distribution of 
     Pornography.--Pursuant to the authority granted to the United 
     States Sentencing Commission under section 994(p) of title 
     28, United States Code, the United States Sentencing 
     Commission shall--
       (1) review the Federal sentencing guidelines relating to 
     the distribution of pornography covered under chapter 110 of 
     title 18, United States Code, relating to the sexual 
     exploitation and other abuse of children; and
       (2) upon completion of the review under paragraph (1), 
     promulgate such amendments to the Federal sentencing 
     guidelines as are necessary to clarify that the term 
     ``distribution of pornography'' applies to the distribution 
     of pornography--
       (A) for monetary remuneration; or
       (B) for a nonpecuniary interest.
       (g) Directive To the United States Sentencing Commission.--
     In carrying out this section, the United States Sentencing 
     Commission shall--
       (1) with respect to any action relating to the Federal 
     sentencing guidelines subject to this section, ensure 
     reasonable consistency with other guidelines of the Federal 
     sentencing guidelines; and
       (2) with respect to an offense subject to the Federal 
     sentencing guidelines, avoid duplicative punishment under the 
     guidelines for substantially the same offense.
       (h) Authorization For Guardians Ad Litem.--
       (1) Authorization of appropriations.--There are authorized 
     to be appropriated to the Department of Justice, for the 
     purpose specified in paragraph (2), such sums as may be 
     necessary for each of fiscal years 1998 through 2001.

[[Page S8942]]

       (2) Purpose.--The purpose specified in this paragraph is 
     the procurement, in accordance with section 3509(h) of title 
     18, United States Code, of the services of individuals with 
     sufficient professional training, experience, and familiarity 
     with the criminal justice system, social service programs, 
     and child abuse issues to serve as guardians ad litem for 
     children who are the victims of, or witnesses to, a crime 
     involving abuse or exploitation.
       (i) Applicability.--This section and the amendments made by 
     this section shall apply to any action that commences on or 
     after the date of enactment of this Act.
                                 ______
                                 

                       STEVENS AMENDMENT NO. 3317

  Mr. GREGG (for Mr. Stevens) proposed an amendment to the bill, S. 
2260, supra; as follows:

       On page 128, line 9, strike ``(1)'';
       On page 129, line 3, strike ``(2)'' and insert in lieu 
     therof ``(b)''; on line 6, strike ``paragraph (1)'' and 
     insert in lieu thereof ``subsection (a)''; on line 14, strike 
     ``(3)'' and insert in lieu therof ``(c)''; strike 
     ``subsection'' and insert in lieu thereof ``section''.
       On page 129, strike all of the subsection ``(b)'' beginning 
     on line 18 to the end of the subsection on page 130.
                                 ______
                                 

             LAUTENBERG (AND TORRICELLI) AMENDMENT NO. 3318

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

       On page 9, line 15, strike the period and insert the 
     following: ``: Provided further, That $2,300,000 shall be 
     used to provide for additional assistant United States 
     attorneys and investigators to serve in Philadelphia, 
     Pennsylvania and Camden County, New Jersey, to enforce 
     Federal laws designed to prevent the possession by criminals 
     of firearms (as that term is defined in section 921(a) of 
     title 18, United States Code), of which $1,500,000 shall be 
     used to provide for those attorneys and investigators in 
     Philadelphia, Pennsylvania and $800,000 shall be used to 
     provide for those attorneys and investigators in Camden 
     County, New Jersey.''.
                                 ______
                                 

              GRAMS (AND HELMS) AMENDMENTS NOS. 3319-3321

  Mr. GREGG (for Mr. Grams for himself and Mr. Helms) proposed three 
amendments to the bill, S. 2260, supra; as follows:

                           Amendment No. 3319

       On page 100, between lines 18 and 19, insert the following:
       Sec. 407. Before any additional disbursement of funds may 
     be made pursuant to the sixth proviso under the heading 
     ``Contributions to International Organizations'' in title IV 
     of the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 1998 (as 
     contained in Public Law 105-119)--
       (1) the Secretary of State shall, in lieu of the 
     certification required under such sixth proviso, submit a 
     certification to the committees described in paragraph (2) 
     that the United Nations has taken no action during the 
     preceding six months to increase funding for any United 
     Nations program without identifying an offsetting decrease 
     during the 6-month period elsewhere in the United Nations 
     budget and cause the United Nations to exceed the reform 
     budget of $2,533,000,000 for the biennium 1998-1999; and
       (2) the certification under paragraph (1) is submitted to 
     the Committees on Appropriations and Foreign Relations of the 
     Senate and the Committees on Appropriations and International 
     Relations of the House of Representatives at least 15 days in 
     advance of any disbursement of funds.
                                  ____


                           Amendment No. 3320

       At the appropriate place in Title IV, insert the following 
     new sections:

     SEC.  . BAN ON EXTRADITION OR TRANSFER OF U.S. CITIZENS TO 
                   THE INTERNATIONAL CRIMINAL COURT.

       (a) None of the funds appropriated or otherwise made 
     available by this or any other Act may be used to extradite a 
     United States citizen to a foreign nation that is under an 
     obligation to surrender persons to the International Criminal 
     Court unless that foreign nation confirms to the United 
     States that applicable prohibitions on reextradition apply to 
     such surrender, or gives other satisfactory assurances to the 
     United States that it will not extradite or otherwise 
     transfer that citizen to the International Criminal Court.
       (b) None of the funds appropriated or otherwise made 
     available by this or any other Act may be used to provide 
     consent to the extradition or transfer of a United States 
     citizen by a foreign country that is under an obligation to 
     surrender persons to the International Criminal Court to a 
     third country, unless the third country confirms to the 
     United States that applicable prohibitions on reextradition 
     apply to such surrender, or gives other satisfactory 
     assurances to the United States that it will not extradite or 
     otherwise transfer that citizen to the International Criminal 
     Court.
       (c) Definition.--As used in this section, the term 
     ``International Criminal Court'' means the court established 
     by agreement concluded in Rome on July 17, 1998.
                                  ____


                           Amendment No. 3321

       On page 100, between lines 18 and 19, insert the following 
     new section:
       Sec. 407. (a) None of the funds appropriated or otherwise 
     made available by this or any other Act (including prior 
     appropriations) may be used for--
       (1) the payment of any representation in, or any 
     contribution to (including any assessed contribution), or 
     provision of funds, services, equipment, personnel, or other 
     support to, the International Criminal Court established by 
     agreement concluded in Rome on July 17, 1998, or
       (2) the United States proportionate share of any assessed 
     contribution to the United Nations or any other international 
     organization that is used to provide support to the 
     International Criminal Court described in paragraph (1),

     unless the Senate has given its advice and consent to 
     ratification of the agreement as a treaty under Article II, 
     Section 2, Clause 2 of the Constitution of the United States.
                                 ______
                                 

                       DURBIN AMENDMENT NO. 3322

  Mr. GREGG (for Mr. Durbin) proposed an amendment to the bill, S. 
2260, supra; as follows:

       At the end of the bill, add the following:

           TITLE ____--NURSING RELIEF FOR DISADVANTAGED AREAS

     SEC. ____1. SHORT TITLE.

       This title may be cited as the ``Nursing Relief for 
     Disadvantaged Areas Act of 1998''.

     SEC. ____2. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES 
                   IN HEALTH PROFESSIONAL SHORTAGE AREAS DURING 4-
                   YEAR PERIOD.

       (a) Establishment of a New Nonimmigrant Classification for 
     Nonimmigrant Nurses in Health Professional Shortage Areas.--
     Section 101(a)(15)(H)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)(H)(i)) is amended by striking ``; 
     or'' at the end and inserting the following: ``, or (c) who 
     is coming temporarily to the United States to perform 
     services as a registered nurse, who meets the qualifications 
     described in section 212(m)(1), and with respect to whom the 
     Secretary of Labor determines and certifies to the Attorney 
     General that an unexpired attestation is on file and in 
     effect under section 212(m)(2) for the facility (as defined 
     in section 212(m)(6)) for which the alien will perform the 
     services; or''.
       (b) Requirements.--Section 212(m) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(m)) is amended to read as 
     follows:
       ``(m)(1) The qualifications referred to in section 
     101(a)(15)(H)(i)(c), with respect to alien who is coming to 
     the United States to perform nursing services for a facility, 
     are that the alien--
       ``(A) has obtained a full and unrestricted license to 
     practice professional nursing in the country where the alien 
     obtained nursing education or has received nursing education 
     in the United States;
       ``(B) has passed an appropriate examination (recognized in 
     regulations promulgated in consultation with the Secretary of 
     Health and Human Services) or has a full and unrestricted 
     license under State law to practice professional nursing in 
     the State of intended employment; and
       ``(C) is fully qualified and eligible under the laws 
     (including such temporary or interim licensing requirements 
     which authorize the nurse to be employed) governing the place 
     of intended employment to engage in the practice of 
     professional nursing as a registered nurse immediately 
     upon admission to the United States and is authorized 
     under such laws to be employed by the facility.
       ``(2)(A) The attestation referred to in section 
     101(a)(15)(H)(i)(c), with respect to a facility for which an 
     alien will perform services, is an attestation as to the 
     following:
       ``(i) The facility meets all the requirements of paragraph 
     (6).
       ``(ii) The employment of the alien will not adversely 
     affect the wages and working conditions of registered nurses 
     similarly employed.
       ``(iii) The alien employed by the facility will be paid the 
     wage rate for registered nurses similarly employed by the 
     facility.
       ``(iv) The facility has taken and is taking timely and 
     significant steps designed to recruit and retain sufficient 
     registered nurses who are United States citizens or 
     immigrants who are authorized to perform nursing services, in 
     order to remove as quickly as reasonably possible the 
     dependence of the facility on nonimmigrant registered nurses.
       ``(v) There is not a strike or lockout in the course of a 
     labor dispute, and the employment of such an alien is not 
     intended or designed to influence an election for a 
     bargaining representative for registered nurses of the 
     facility.
       ``(vi) At the time of the filing of the petition for 
     registered nurses under section 101(a)(15)(H)(i)(c), notice 
     of the filing has been provided by the facility to the 
     bargaining representative of the registered nurses at the 
     facility or, where there is no such bargaining 
     representative, notice of the filing has been provided to the 
     registered nurses employed at the facility through posting in 
     conspicuous locations.
       ``(vii) The facility will not, at any time, employ a number 
     of aliens issued visas or otherwise provided nonimmigrant 
     status under section 101(a)(15)(H)(i)(c) that exceeds 33 
     percent of the total number of registered nurses employed by 
     the facility.

[[Page S8943]]

       ``(viii) The facility will not, with respect to any alien 
     issued a visa or otherwise provided non-immigrant status 
     under section 101(a)(15)(H)(i)(c)--
       ``(I) authorize the alien to perform nursing services at 
     any worksite other than a worksite controlled by the 
     facility; or
       ``(II) transfer the place of employment of the alien from 
     one worksite to another.

     Nothing in clause (iv) shall be construed as requiring a 
     facility to have taken significant steps described in such 
     clause before the date of the enactment of the Health 
     Professional Shortage Area Nursing Relief Act of 1998. A copy 
     of the attestation shall be provided, within 30 days of the 
     date of filing, to registered nurses employed at the facility 
     on the date of the filing.
       ``(B) For purposes of subparagraph (A)(iv), each of the 
     following shall be considered a significant step reasonably 
     designed to recruit and retain registered nurses:
       ``(i) Operating a training program for registered nurses at 
     the facility or financing (or providing participation in) a 
     training program for registered nurses elsewhere.
       ``(ii) Providing career development programs and other 
     methods of facilitating health care workers to become 
     registered nurses.
       ``(iii) Paying registered nurses wages at a rate higher 
     than currently being paid to registered nurses similarly 
     employed in the geographic area.
       ``(iv) Providing reasonable opportunities for meaningful 
     salary advancement by registered nurses.

     The steps described in this subparagraph shall not be 
     considered to be an exclusive list of the significant steps 
     that may be taken to meet the conditions of subparagraph 
     (A)(iv). Subparagraph (A)(iv)'s requirement shall be 
     satisfied by a facility taking any of the steps listed in 
     this subparagraph.
       ``(C) Subject to subparagraph (E), an attestation under 
     subparagraph (A)--
       ``(i) shall expire on the date that is the later of--
       ``(I) the end of the one-year period beginning of the date 
     of its filing with the Secretary of Labor; or
       ``(II) the end of the period of admission under section 
     101(a)(15)(H)(i)(c) of the last alien with respect to whose 
     admission it was applied (in accordance with clause (ii)); 
     and
       ``(ii) shall apply to petitions filed during the one-year 
     period beginning on the date of its filing with the Secretary 
     of Labor if the facility states in each such petition that it 
     continues to comply with the conditions in the attestation.
       ``(D) A facility may meet the requirements under this 
     paragraph with respect to more than one registered nurse in a 
     single petition.
       ``(E)(i) The Secretary of Labor shall compile and make 
     available for public examination in a timely manner in 
     Washington, D.C., a list identifying facilities which have 
     filed petitions for nonimmigrants under section 
     101(a)(15)(H)(i)(c) and, for each such facility, a copy of 
     the facility's attestation under subparagraph (A) (and 
     accompanying documentation) and each such petition filed by 
     the facility.
       ``(ii) The Secretary of Labor shall establish a process, 
     including reasonable time limits, for the receipt, 
     investigation, and disposition of complaints respecting a 
     facility's failure to meet conditions attested to or a 
     facility's misrepresentation of a material fact in an 
     attestation. Complaints may be filed by any aggrieved person 
     or organization (including bargaining representatives, 
     associations deemed appropriate by the Secretary, and other 
     aggrieved parties as determined under regulations of the 
     Secretary). The Secretary shall conduct an investigation 
     under this clause if there is reasonable cause to believe 
     that a facility fails to meet conditions attested to. Subject 
     to the time limits established under this clause, this 
     subparagraph shall apply regardless of whether an attestation 
     is expired or unexpired at the time a complaint is filed.
       ``(iii) Under such process, the Secretary shall provide, 
     within 180 days after the date such a complaint is filed, for 
     a determination as to whether or not a basis exists to make a 
     finding described in clause (iv). If the Secretary determines 
     that such a basis exists, the Secretary shall provide for 
     notice of such determination to the interested parties and an 
     opportunity for a hearing on the complaint within 60 days of 
     the date of the determination.
       ``(iv) If the Secretary of Labor finds, after notice and 
     opportunity for a hearing, that a facility (for which an 
     attestation is made) has failed to meet a condition attested 
     to or that there was a misrepresentation of material fact in 
     the attestation, the Secretary shall notify the Attorney 
     General of such finding and may, in addition, impose such an 
     administrative remedies (including civil monetary penalties 
     in an amount not to exceed $1,000 per nurse per violation, 
     with the total penalty not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate. Upon receipt 
     of such notice, the Attorney General shall not approve 
     petitions filed with respect to a facility during a period of 
     at least one year for nurses to be employed by the facility.
       ``(v) In addition to the sanctions provided for under 
     clause (iv), if the Secretary of Labor finds, after notice 
     and an opportunity for a hearing that, a facility has 
     violated the condition attested to under subparagraph 
     (A)(iii) (relating to payment of registered nurses at the 
     prevailing wage rate), the Secretary shall order the facility 
     to provide for payment of such amounts of back pay as may be 
     required to comply with such condition.
       ``(F)(i) The Secretary of Labor shall impose on a facility 
     filing an attestation under subparagraph (A) a filing fee, in 
     an amount prescribed by the Secretary based on the costs of 
     carrying out the Secretary's duties under this subsection, 
     but not exceeding $250.
       ``(ii) Fees collected under this subparagraph shall be 
     deposited in a fund established for this purpose in the 
     Treasury of the United States.
       ``(iii) The collected fees in the fund shall be available 
     to the Secretary of Labor, to the extent and in such amounts 
     as may be provided in appropriations Acts, to cover the costs 
     described in clause (i), in addition to any other funds that 
     are available to the Secretary to cover such costs.
       ``(3) The period of admission of an alien under section 
     101(a)(15)(H)(i)(c) shall be 3 years.
       ``(4) The total number of nonimmigrant visas issued 
     pursuant to petitions granted under section 
     101(a)(15)(H)(i)(c) in each fiscal year shall not exceed 500. 
     The number of petitions granted under section 
     101(a)(15)(H)(i)(c) for each State in each fiscal year shall 
     not exceed the following:
       ``(A) For States with populations of less than 9,000,000 
     based upon the 1990 decennial census of population, 25 
     petitions.
       ``(B) For States with populations of 9,000,000 or more, 
     based upon the 1990 decennial census of population, 50 
     petitions.
       ``(C) If the total number of visas available under this 
     paragraph for a calendar quarter exceeds the number of 
     qualified nonimmigrants who may be issued such visas, the 
     visas made available under this paragraph shall be issued 
     without regard to the numerical limitations under 
     subparagraphs (A) and (B) of this paragraph during the 
     remainder of the calendar quarter.
       ``(5) A facility that has filed a petition under section 
     101(a)(15)(H)(I)(c) to employ a nonimmigrant to perform 
     nursing services for the facility--
       ``(A) shall provide the nonimmigrant a wage rate and 
     working conditions commensurate with those of nurses 
     similarly employed by the facility;
       ``(B) shall require the nonimmigrant to work hours 
     commensurate with those of nurses similarly employed by the 
     facility; and
       ``(C) shall not interfere with the right of the 
     nonimmigrant to join or organize a union.
       ``(6) For purposes of this subsection and section 
     101(a)(15)(H)(i)(c), the term `facility' means a subsection 
     (d) hospital (as defined in section 1886(d)(1)(B) of the 
     Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) that meets 
     the following requirements:
       ``(A) As of March 31, 1997, the hospital was located in a 
     health professional shortage area (as defined in section 332 
     of the Public Health Service Act (42 U.S.C. 254e)).
       ``(B) Based on its settled cost report filed under title 
     XVIII of the Social Security Act for its costs reporting 
     period beginning during fiscal year 1994--
       ``(i) the hospital has not less than 190 licensed acute 
     care beds;
       ``(ii) the number of the hospital's inpatient days for such 
     period which were made up of patients who (for such days) 
     were entitled to benefits under part A of such title is not 
     less than 35 percent of the total number of such hospital's 
     acute care inpatient days for such period; and
       ``(iii) the number of the hospital's inpatient days for 
     such period which were made up of patients who (for such 
     days) were eligible for medical assistance under a State plan 
     approved under title XIX of the Social Security Act, is not 
     less than 28 percent of the total number of such hospital's 
     acute care inpatient days for such period.''.
       (c) Repealer.--Clause (i) of section 101(a)(15)(H) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) 
     is amended by striking subclause (a).
       (d) Implementation.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary of Labor (in 
     consultation, to the extent required, with the Secretary of 
     Health and Human Services) and the Attorney General shall 
     promulgate final or interim final regulations to carry out 
     section 212(m) of the Immigration and Nationality Act (as 
     amended by subsection (b)).
       (e) Limiting Application of Nonimmigrant Changes to 4-Year 
     Period.--The amendments made by this section shall apply to 
     classification petitions filed for nonimmigrant status only 
     during the 4-year period beginning on the date that interim 
     or final regulation are first promulgated under subsection 
     (d).

     SEC. ____3. RECOMMENDATIONS FOR ALTERNATIVE REMEDY FOR 
                   NURSING SHORTAGE.

       Not later than the last day of the 4-year period described 
     in section ____2(e), the Secretary of Health and Human 
     Services and the Secretary of Labor shall jointly submit to 
     Congress recommendations (including legislative 
     specifications) with respect to the following:
       (1) A program to eliminate the dependence of facilities 
     described in section 212(m)(6) of the Immigration and 
     Nationality Act (as amended by section ____2(b)) on 
     nonimmigrant registered nurses by providing for a permanent 
     solution to the shortage of registered nurses who are United 
     States citizens or aliens lawfully admitted for permanent 
     residence.

[[Page S8944]]

       (2) A method of enforcing the requirements imposed on 
     facilities under sections 101(a)(15)(H)(i)(c) and 212(m) of 
     the Immigration and Nationality Act (as amended by section 
     ____2) that would be more effective than the process 
     described in section 212(m)(2)(E) of such Act (as so 
     amended).
                                 ______
                                 

                        FRIST AMENDMENT NO. 3323

  Mr. GREGG (for Mr. Frist) proposed an amendment to the bill, S. 2260, 
supra; as follows:

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

     SEC. 3____. SIGNAGE ON HIGHWAYS WITH RESPECT TO THE NATIONAL 
                   CEMETERY SYSTEM.

       (a) Definitions.--In this section:
       (1) Federal-aid highway.--The term ``Federal aid highway'' 
     has the meaning given that term in section 101 of title 23, 
     United States Code.
       (2) National cemetery system.--The term ``National Cemetery 
     System'' means the National Cemetery System, which is managed 
     by the Secretary of Veterans Affairs.
       (3) State.--The term ``State'' has the meaning given that 
     term in section 101 of title 23, United States Code.
       (b) Federal-aid Highways.--The Secretary of Transportation, 
     acting through the Administrator of the Federal Highway 
     Administration, shall take such action as may be necessary to 
     ensure that, for each cemetery of the National Cemetery 
     System that is located in the proximity of any Federal-aid 
     highway, there is sufficient and appropriate signage along 
     that highway to direct visitors to that cemetery.
       (c) State Highways.--Nothing in subsection (b) is intended 
     to affect the provision of signage by a State along a State 
     highway to direct visitors to a cemetery of the National 
     Cemetery System.

                          ____________________