[Congressional Record Volume 146, Number 67 (Thursday, May 25, 2000)]
[Senate]
[Pages S4461-S4487]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENT ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. FEINGOLD (for himself and Mr. Jeffords):
S. 2630. A bill to prohibit products that contain dry ultra-filtered
milk products or casein from being labeled as domestic natural cheese,
and for other purposes; to the Committee on Agriculture, Nutrition, and
Forestry.
the quality cheese act of 2000
Mr. FEINGOLD. Mr. President, along with Senator Jeffords, I am
pleased to introduce the Quality Cheese Act of 2000. This legislation
will protect the consumer, save taxpayer dollars and provide support to
America's dairy farmers, who have taken a beating in the marketplace in
recent years.
When Wisconsin consumers have the choice, they will choose natural
Wisconsin cheese, but the Food and Drug Administration (FDA) and the
U.S. Department of Agriculture (USDA) may change current law, and
consumers won't know whether cheese is really all natural or not.
If the federal government creates a loophole for imitation cheese
ingredients to be used in U.S. cheese vats, cheese bearing the labels
``domestic'' and ``natural'' will no longer be truly accurate.
If USDA and FDA allow a change in federal rules, imitation milk
proteins known as milk protein concentrate or casein, could be used to
make cheese in place of the wholesome natural milk produced by cows in
Wisconsin or other part of the U.S.
Mr. President, I am deeply concerned by recent efforts to change
America's natural cheese standard. This effort to allow milk protein
concentrate and casein into natural cheese products flies in the face
of logic and could create a loophole for unlimited amounts of
substandard imported milk proteins to enter U.S. cheese vats.
My legislation will close this loophole and ensure that consumers can
be confident that they are buying natural cheese when they see the
natural label.
Our dairy farmers have invested heavily in processes that make the
best quality cheese ingredients, and I am concerned about recent
efforts to change the law that would penalize them for those efforts by
allowing lower quality ingredients to flood the U.S. market.
Over the past decade, cheese consumption has risen at a strong pace
due to promotional and marketing efforts and investments by dairy
farmers across the country. Year after year, per capita cheese
consumption has risen at a steady rate.
Back in the 1980's, when I served in the Wisconsin State Senate,
cheese consumption topped 20 pounds per person. During the 1990s
consumption increased by over 25 percent, and passed 25 pounds per
person. Last year we saw an even more dramatic increase when per capita
cheese consumption rose an amazing 1.5 pounds to reach 29.8 pounds.
This one-year increase amounts to the largest expansion since 1982! I
am proud to say that my home state of Wisconsin, America's dairyland,
was one of the main engines behind this growth. After all, when
consumers see the label ``Wisconsin Cheese,'' they know that it is
synonymous with quality.
Over the past two decades consumers have increased their cheese
consumption due to their understanding, and taste for the quality
natural cheese produced by America's dairy industry.
Recent proposals to change to our natural cheese standard could
decrease consumption of natural cheese. These declines could result
from concerns about the origin of casein and other forms of dry UF
milk.
The vast majority of dry ultra filtered milk originates from
countries with State Trading Enterprises. Many of these countries
subsidize their dairy exports through these trading mechanisms, and
have quality standards that are well below those of the United States.
While it is difficult to obtain specific numbers about the amount of
dry UF milk produced in foreign countries, I have heard disturbing
stories about the conditions under which the casein and milk proteins
are sometimes produced.
For the most part, dry UF milk is not produced in the US. In fact, it
is, for the most part, produced in countries where sanitary standards
are well below those of the United States.
These products are sold on the international market, and under the
proposed rule they could be labeled as natural cheese. This cheap, low
quality dry UF milk tends to leave cheese greasy and increases
separation problems.
The addition of this kind of milk will certainly leave the wholesome
reputation of ``natural cheese'' significantly tarnished in the eyes of
the consumer.
This change would seriously compromise decades of work by America's
dairy farmers to build up domestic cheese consumption levels. It is
simply not fair to America's farmers!
Mr. President, consumers have a right to know if the cheese they buy
is unnatural. And by allowing unnatural dry UF milk into cheese, we are
denying consumers the entire picture.
The Feingold-Jeffords legislation will paint the entire picture for
the consumer, and allow them enough information to select cheese made
from truly natural ingredients.
Allowing dry Ultra-Filtered milk into cheeses will have a significant
adverse impact on dairy producers throughout the United States. Some
estimate that the annual effect of the change on the dairy farm sector
of the economy could be more than $100 million.
The proposed change to our natural cheese standard would also harm
the American taxpayer.
If we allow dry UF milk to be used in cheese we will effectively
permit unrestricted importation of these ingredients into the United
States. Because there are no tariffs and quotas on these ingredients,
these heavily subsidized products will displace natural domestic dairy
ingredients.
These unnatural domestic dairy products will enter our domestic
cheese market and may further depress dairy prices paid to American
dairy producers.
Low dairy prices result in increased costs to the dairy price support
program. So, at the same time that U.S. dairy farmers are receiving
lower prices, the U.S. taxpayer will be paying more for the dairy price
support program.
Mr. President, this change does not benefit the dairy farmer,
consumer or taxpayer. Who then is it good for?
The obvious answer is nobody.
America's farmers have invested a tremendous amount of time and
effort create the best cheese industry in the world. They should not be
penalized for their efforts.
This legislation takes a two pronged approach to address these
concerns. First, it prohibits dry ultra-filtered milk from being
included in America's natural cheese standard.
Second, it requires the Food and Drug administration to conduct a
study into the impact of allowing wet ultra-filtered milk into the
natural cheese standard.
Let me be clear, currently, neither of these products are allowed in
America's natural cheese standard. Under current regulations, wet
ultra-filtered milk may only be used in natural cheese products if--and
only if--both the wet UF milk and the cheese are produced at the same
plant.
I have heard a number of concerns from dairy farmers, but the most
immediate concern is the importation of milk protein concentrate and
casein. This legislation is the first step in addressing their
concerns, and ensuring that any future changes incorporate the concerns
of America's dairy farmers.
Congress must shut the door on any backdoor efforts to stack the deck
against America's dairy farmers. And we must pass my legislation that
prevents a loophole that would allow changes that hurt the consumer,
taxpayer and dairy farmer.
Thank you Mr. President. I yield the floor.
______
By Mr. SCHUMER (for himself and Mr. Moynihan):
S. 2631. A bill to authorize a project for the renovation of the
Department of Veterans Affairs medical center in Bronx, New York; to
the Committee on Veterans' Affairs.
BRONX VA MEDICAL CENTER'S RESEARCH FACILITY LEGISLATION
Mr. SCHUMER. Mr. President, I rise today with Senator Daniel
Patrick Moynihan to introduce legislation that would authorize
renovations to the Bronx VA Medical Center's research facility.
[[Page S4462]]
This facility, when renovations are completed, will serve as a center
of excellence for VA research on neurodegenerative diseases that are
more prevalent in our veterans population than in any other group of
Americans. Specifically, the research would focus on Alzheimer's and
Parkinson's Disease, Multiple Sclerosis, Amyotrophic Lateral Sclerosis
(ALS) and brain and spinal cord injury.
Major neurodegenerative diseases like Alzheimer's and Parkinson's
tend to occur later in life and are progressive lifelong afflictions.
Some 20 million Americans have been diagnosed with one of these
diseases and the costs of their treatment have reached over $100
billion annually. US Census Bureau statistics indicate that because of
our aging population, the incidence of neurodegenerative diseases and
the associated human and economic costs will increase four-fold by
2040. Veterans, an aging population are disproportionately affected.
Traumatic brain and spinal cord injury are also highly represented in
the veterans population. Over 200,000 individuals in the US are living
with spinal cord injury today, and another 2 million suffer traumatic
brain injury annually.
The bill I introduce today would authorize $12.3 million for
renovations to an aging facility on the campus of the Bronx VAMC.
Department of Veterans Affairs researchers there, are in desperate need
of modern, state-of-the-art laboratories to continue efforts to
understand, treat and develop new methods of care for all Americans
afflicted with these horrible diseases. This legislation represents an
important step in ensuring that the quality of care provided to
veterans in New York and across the country reflects our highest esteem
for those who answered their country's call. We owe our veterans no
less than the best medical care anywhere--and the research and
treatments that come from this renovated facility will help ensure that
happens. I urge my colleagues to join me in supporting and enacting
this critical legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2631
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECT,
DEPARTMENT OF VETERANS AFFAIRS.
The Secretary of Veterans Affairs may carry out a major
medical facility project for the renovation of the Department
of Veterans Affairs medical center in Bronx, New York, in an
amount not to exceed $12,300,000.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Secretary of Veterans Affairs for fiscal year 2001 for
the Construction, Major Projects, account $12,300,000 for the
project authorized in section 1.
(b) Limitation.--The project authorized in section 1 may
only be carried out using--
(1) funds appropriated for fiscal year 2001 pursuant to the
authorization of appropriations in subsection (a);
(2) funds appropriated for the Construction, Major
Projects, account for a fiscal year before fiscal year 2001
that remain available for obligation; and
(3) funds appropriated for the Construction, Major
Projects, account for fiscal year 2001 for a category of
activity not specific to a project.
______
By Mr. DeWINE (for himself, Mr. Voinovich, Mr. Lautenberg, and
Mr. Torricelli):
S. 2632. A bill to authorize the President to present gold medals on
behalf of the Congress to astronauts Neil A. Armstrong, Edwin E.
``Buzz'' Aldrin, Jr., and Michael Collins, the crew of Apollo 11; to
the Committee on Banking Housing, and Urban Affairs.
CONGRESSIONAL GOLD MEDALS TO THE CREW OF THE APOLLO 11
Mr. DeWINE. Mr. President, today I am introducing legislation, along
with my colleagues, Senators Voinovich, Lautenberg, and Torricelli, to
authorize the President to present gold medals on behalf of Congress to
astronauts Neil A. Armstrong, Edwin ``Buzz'' Aldrin, and Michael
Collins--the heroic crew of the Apollo 11.
For thousands of years, man has gazed at the moon with awe, dreaming
of the day when that celestial body would no longer be out of man's
grasp. On July 20, 1969, thanks to the crew of the Apollo 11, the
heavens became part of man's world.
The mission to the moon was a long and treacherous endeavor. It
started with President Kennedy's vision to put a man on the moon before
the end of the decade and concluded with a simple step and the immortal
words: ``One small step for man and one giant leap for mankind.'' We
owe a great deal of gratitude to the men and women of America's space
program. And, I believe that presenting Congressional gold medals to
the crew of Apollo 11 is a fitting tribute to them and the mission.
The primary objective of Apollo 11 was simple and straightforward:
``Perform a manned lunar landing and return.'' The mission, though, was
anything but simple. The historic journey began with the Eagle's fiery
lift-off at Cape Kennedy at 9:32 a.m. on July 19, 1969. The world
watched as astronauts Armstrong, Aldrin, and Collins blasted toward
outer space. While the millions who witnessed the event were excited
and exhilarated, I do not think any of us truly appreciated the
complexity and magnitude of the crew's responsibilities. One mistakenly
pulled lever, one power failure could have rendered Apollo 11 a
disaster. When asked to recall his thoughts on the mission's outcome,
Astronaut Michael Collins said: ``I am far from certain that we will be
able to fly the mission as planned. I think we will escape with our
skins, or at least I will escape with mine, but I wouldn't give better
than even odds on a successful landing and return.''
On July 20, 1969, Armstrong and Aldrin began their descent to the
lunar surface. The Eagle landed with less than 45 seconds worth of
fuel and the buzz of several warning alarms. It was shortly after that
landing when Neil Armstrong emerged from the craft and set foot on the
moon's surface. Never before in the history of mankind had a human
being set foot on another celestial body. The crew of Apollo 11
embodied the spirit of discovery that is so prevalent in our space
program. It is this same spirit that we need to communicate to our next
generation.
Neil Armstrong, the commander of Apollo 11, was born on August 5,
1930, in my home state of Ohio. He developed an interest in flying at
an early age. In fact, he obtained his student pilot's license before
he got his driver's license. After high school, he received a
scholarship from the U.S. Navy and studied aeronautical engineering. He
later became an aviator in the Navy and was chosen for the space
program with the second group of astronauts in 1962. He made seven
flights in the X-15 program, reaching an altitude of 207,500 feet. He
was the command pilot for Gemini 8 and Apollo 11. After Apollo 11, he
was Deputy Associate Administrator for Aeronautics at NASA from July
1970 until August 1971, when he left to become Professor of
Aeronautical Engineering at the University of Cincinnati. He served on
the National Commission on Space from 1985 to 1986 and on the
Presidential Commission on the Space Shuttle Challenger Accident in
1986.
Edwin ``Buzz'' Aldrin was born in New Jersey on January 20, 1930. He
attended the U.S. Military Academy at West Point, and later entered the
U.S. Air Force, where he received pilot training. He was chosen with
the third group of astronauts in 1963. He was a pilot on Gemini 12,
where he was one of the key figures working to improve in-space docking
and was the lunar module pilot for Apollo 11. After leaving NASA in
1971, he became Commandant of the Aerospace Research Pilot's School at
Edwards Air Force Base in California. He retired from the Air Force in
1972 and became a consultant for the Comprehensive Care Corporation,
Newport Beach, California. He has authored two books, ``Return to
Earth'' and ``Men From Earth.''
Michael Collins was born on October 30, 1930, in Rome, Italy and
later moved to Washington, DC. Upon finishing high school, he attended
the U.S. Military Academy at West Point. Prior to joining NASA, he was
a test pilot at the Air Force Flight Center, Edwards Air Force Base. He
was chosen in the third group of astronauts in 1963. He served as a
pilot for Gemini 10, where he set a world altitude record; became the
nation's third spacewalker; and served as the command module pilot for
Apollo 11. He left NASA in 1970 and was appointed Assistant Secretary
of State
[[Page S4463]]
for Public Affairs. He became Director of the National Air and Space
Museum at the Smithsonian Institution in April 1971 and was promoted to
Under Secretary of the Smithsonian in April 1978. He retired from the
Air Force with the rank of Major General. He has written numerous
articles and two books, ``Carrying the Fire and Liftoff,'' as well as a
children's book, ``Flying to the Moon and Other Strange Places.''
Mr. President, presenting Congressional Gold Medals to the crew of
the Apollo 11 is as much about the future as it is about the past.
These medals will be a reminder of the great accomplishment of Apollo
11 and her crew. Moreover, the presentation of the medals will help
inspire future generations of Americans to continue striving to
accomplish tasks that may seem out of reach, like putting a man on the
moon. I am convinced that somewhere in our schools today are the next
Neil Armstrong, Buzz Aldrin, and Michael Collins. Before long, our
children will be talking about where they were when the first man or
woman set foot on Mars. Let's honor the immense achievement of the crew
of Apollo 11. I urge my colleagues to support presenting Congressional
Gold Medals to Neil Armstrong, Edwin E. ``Buzz'' Aldrin, Jr., and
Michael Collins.
______
By Mrs. BOXER:
S. 2633. A bill to restore Federal recognition to the Indians of the
Graton Rancheria of California; to the Committee on Indian Affairs.
graton rancheria restoration act
Mrs. BOXER. Mr. President. I am delighted today to introduce
legislation to restore federal recognition to the Graton Rancheria,
which is composed of Coastal Miwok and Southern Pomo tribal members.
This bill is identical to legislation that has been introduced in the
House of Representatives by Congresswoman Lynn Woolsey. It is my great
pleasure to carry this legislation in the Senate and to correct an
injustice committed against these original inhabitants of the region
some 34 years ago.
The Coastal Miwok and Southern Pomo Indians flourished in Marin and
southern Sonoma counties for many hundreds of years. At the time of
European settlement, there were as many as 5,000 of these tribal
members. By the end of the 19th Century, however, disease and enforced
labor had killed off most of them. And the federal government formally
terminated the tribe's identity in 1966 under the California Rancheria
Act, after concluding, incorrectly, that virtually all of the members
were deceased.
The descendants of 12 Graton Rancheria survivors now number over 300,
and they refer to themselves as the ``Federated Indians of Graton
Rancheria''--after the town in southern Sonoma County where an acre-
sized piece of their original reservation is still owned by a Miwok
descendant.
This legislation not only restores dignity and a sense of identity to
the Graton Rancheria, it will restore all federal rights and privileges
to the tribal members including health, education, and housing
services. It will also permit the Graton Rancheria to maintain an
existing cemetery and place of worship. Finally, this bill is unique in
that it contains a clause whereby the tribe permanently waives any
right to casino-style gambling on their land.
Mr. President, the tribes of the Graton Rancheria are an integral and
important part of the Bay Area's cultural heritage and history. It was
wrong to terminate their status in 1966, and it is only right to
restore their formal recognition now.
______
By. Mr. BOND:
S. 2634. A bill to amend the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 to provide liability relief to
small businesses; to the Committee on Environmental and Public Works.
small business relief act of 2000
Mr. BOND. Mr. President, it is a pleasure for me to introduce the
Small Business Relief Act of 2000. This bill will provide a lifeline
for the thousands of small business owners threatened by lawsuits and
litigation under the broken Superfund liability system.
This bill is simple. All this bill does is relieve innocent small
business owners from superfund liability unless it is demonstrated that
the small business is guilty of gross negligence or did contribute
significantly to the toxic waste at the superfund site.
My bill will not let polluters off the hook. This common-sense
proposal will make the Superfund program a little more reasonable and
workable. With this legislation, we can begin to provide some relief to
small business owners who are held hostage by potential Superfund
liability.
For years now, members from both sides of the aisle have said that
the Superfund program is broken, it doesn't work, it must be reformed.
Unfortunately we haven't gotten past the rhetoric to fix the problem.
Instead of making changes that will produce results that are better for
the taxpayers, better for the environment, and more efficient for
everyone involved--government agencies, federal bureaucrats, and
Congress has protected this troubled and inefficient program from
meaningful reform.
As Washington has played politics with the Superfund program,
innocent Main Street small business owners across the nation, the
engine of our economy, continue to be unfairly pulled into Superfund's
legal quagmire. Even the EPA has stated its support for protecting
restaurant owners, mom-and-pop convenience store operators, and other
small business owners who have legally disposed of their trash and
cannot afford the tab that comes with Superfund legal bills.
Let's put a human face on this: last year, just across the Missouri
border--in Quincy, Illinois--160 small business owners were asked to
pay the EPA more than $3 million for garbage legally hauled to a dump
more than 20 years ago. The situation in Quincy is just one example of
the very real, ongoing Superfund legal threat to small business owners
across the nation.
Mr. President, we all know that Superfund was created to clean up the
nation's most-hazardous waste sites. Superfund was not created to have
small business owners sued for simply throwing out their trash! These
small business owners are faced with so many challenges already, that
the thousands of dollars in penalties and lawsuits leave them with no
choice but to mortgage their businesses, their employees and their
future to pay for the bills of a broken government program.
How many times will we tell ourselves that this unacceptable
situation must be fixed before we act? Small business owners literally
cannot afford to wait around while we delay action on the common-sense
fixes required to protect them and our environment.
In recognition of our small businesses around the country and Small
Business Week, I introduce this bill and look forward to leading the
fight to ensure timely adoption of this long-overdue legislation.
______
By Mr. FRIST (for himself, Mr. Harkin, Mr. Jeffords, Mrs. Murray,
Mr. Bingaman, Ms. Mikulski, and Mr. Reed):
S. 2635. A bill to reduce health care costs and promote improved
health by providing supplemental grants for additional preventive
health services for women; to the Committee on Health, Education,
Labor, and Pensions.
the wisewoman expansion act of 2000
Mr. FRIST. Mr. President, many of us associate cardiovascular
disease with men, but the American Heart Association estimates that
nearly one in two women will die of heart disease or stroke.
Unfortunately, most women do not realize that they are at such high
risk for cardiovascular disease because of its historically male
stereotype. In fact, cardiovascular diseases kill nearly 50,000 more
women each year than men. Even more alarming is a recent survey
reported by the Society for Women's Health Research which revealed that
not all physicians know that cardiovascular diseases are the leading
cause of death among American women.
Each year nearly half a million women lose their lives as a result of
heart disease and stroke. Since 1984, fortunately, men have experienced
a decline in deaths due to cardiovascular diseases, while,
unfortunately, women have not. Tragically, many of these deaths could
have been prevented. Had these women known they were at risk
[[Page S4464]]
for cardiovascular disease, they could have taken preventive measures
by not smoking, lowering their cholesterol or blood pressure, or by
eating more nutritiously, and perhaps prevented becoming a victim of
heart disease or stroke. For many women, prevention is truly the only
cure, since it has been reported that as many as two-thirds of women
who die from heart attacks have no warning symptoms of any kind.
Cardiovascular diseases kill more American females each year than the
next 14 causes of death combined, including all forms of cancers. Over
half of all cardiovascular deaths each year are women, and in 1997
alone heart diseases claimed the lives of 502,938 women. My home state
of Tennessee has the second highest death rate from heart disease,
stroke, and other cardiovascular diseases in the nation and the 13th
highest ranking state in women's heart deaths. In 1997, 10,884
Tennessee women died from these two cardiovascular diseases alone.
According to the CDC, women in the rural South are more likely to die
of heart disease than those in other parts of the country. An even more
disturbing disparity is that the age adjusted death from coronary heart
disease for African-American women is nearly 72 percent higher than
that of white women.
Fortunately, some preventive measures, such as physical activity and
better nutrition, can be taken by women to reduce their risk for
cardiovascular diseases, as well as other preventable diseases, such as
osteoporosis. Osteoporosis, affecting one out of every two over 50, is
also a preventable disease that American women are facing. Furthermore,
osteoporosis is a health threat for roughly 28 million Americans, 80
percent of whom are women.
In an effort to continue to draw attention and greater awareness to
health issues among American women, particularly cardiovascular
diseases, I am very pleased to introduce today the ``WISEWOMAN
Expansion Act of 2000,'' with Senator Harkin. Our goal in expanding
this program is to reduce the risk of cardiovascular diseases, and
other preventable diseases, and to increase access to screening and
other preventive measures for low-income and underinsured women. In
addition to making cardiovascular diseases screening accessible to
underserved women, this program will also educate them about their risk
for cardiovascular diseases and how to make lifestyle changes thus
giving them the power to prevent these diseases.
The National Breast and Cervical Cancer Early Detection Program
(NBCCEDP), run by the Centers for Disease Control and Prevention (CDC),
is an example of a successful program that has provided critical
services to help prevent major diseases affecting American women. The
NBCCEDP has done an outstanding job of bringing in low-income
underinsured women and providing them with preventive screenings for
breast and cervical cancers. The women who benefit from this program
are generally too young for Medicare, unable to qualify for Medicaid or
other state programs, and would otherwise fall through the cracks in
our health system.
Our bill provides for the expansion of the WISEWOMAN (Well-Integrated
Screening and Evaluation for Women in Massachusetts, Arizona, and North
Carolina) demonstration project, which is run by the CDC in conjunction
with the NBCCEDP, to additional states. The WISEWOMAN program
capitalizes on the highly successful infrastructure of the NBCCEDP to
offer ``one-stop shopping'' screening and preventive services for
uninsured and low-income women. In addition to these very important
breast and cervical cancer screenings, WISEWOMAN screens for
cardiovascular disease risk factors and provides health counseling and
lifestyle interventions to help women reduce behavioral risk factors.
The program addresses risk factors such as elevated cholesterol, high
blood pressure, obesity and smoking and provides important additional
intervention and educational services to women who would not otherwise
have access to cardiovascular disease screening or prevention. This
bill also adds flexibility to the program language that would allow
screenings and other preventive measures for diseases in addition to
cardiovascular diseases, such as osteoporosis, as more preventive
technology is developed.
Mr. President, I would like to thank Judy Womack and Dr. Joy Cox of
the Tennessee Department of Health for their counsel and assistance on
this legislation and for their efforts in helping Tennesseans.
This bipartisan bill is supported by the Susan G. Komen Breast Cancer
Foundation, the Society for Women's Health Research, the American
Cancer Society, the National Osteoporosis Foundation, and the American
Heart Association. Mr. President, I ask unanimous consent to place the
following letters of support in the Record.
There being no objection, the letters were ordered to be printed in
the Record, as follows:
Society for
Women's Health Research,
Washington, DC, May 24, 2000.
Hon. Bill Frist,
Chair, Subcommittee on Public Health, Committee on Health,
Education, Labor, and Pensions, Dirksen Senate Office
Building, Washington, DC.
Dear Senators Frist and Harkins: On behalf of the Society
for Women's Health Research, we express our appreciation for
your leadership on the introduction of the ``WISEWOMAN
Expansion Act of 2000.'' In addition to a strong national
research program, disease prevention is vital to our nation's
health. Chronic diseases, such as heart disease, cancer,
diabetes, and ostoeoporosis are among the most prevalent,
costly and preventable of all health problems.
As you know, women tend to live longer but not necessarily
better than men. They have more chronic health conditions and
are more economically insecure. Safety net programs often are
the difference between life and death. The WISEWOMAN
Expansion Act is building on a foundation that has provided
positive feedback and will allow additional states to provide
prevention services to those women in need. We applaud the
flexibility of the legislation. With the passage of time, as
new technologies develop, as disease burdens shift, and a
lifestyle change, the program can address women's most
critical health needs.
We thank you for your commitment to improving the nation's
health through prevention. By focusing on the health of
women, you ultimately will be improving the health of the
nation's families.
Sincerely,
Phyllis Greenberger,
Executive Director.
Roberta Biegel,
Director of Government Relations.
____
The Susan G. Komen
Breast Cancer Foundation,
Dallas, TX, May 19, 2000.
Hon. William Frist,
U.S. Senate, Russell Senate Building, Washington, DC.
Hon. Tom Harkin,
U.S. Senate, Hart Senate Building, Washington, DC.
Dear Senators Frist and Harkin: On behalf of the Susan G.
Komen Breast Cancer Foundation, I would like to express our
support for The WISEWOMAN Expansion Act of 2000. Your
leadership has made the expansion effort a reality and we
intend to activate our Komen affiliates grassroots to help
gather more Senatorial support. We understand that the
expansion would allow flexibility for the WISEWOMAN program
to grow and adapt with the needs of the individual states and
will ensure full collaboration of the WISEWOMAN program with
the National Breast and Cervical Cancer Early Detection
Program (NBCCEDP) on which it is piggybacked.
Further, our discussions with your staff have reiterated
the importance of being certain that the programs are funded
separately and that the WISEWOMAN expansion is accomplished
as a complement to the existing NBCCEDP effort.
We applaud your efforts to provide greater screening
coverage for women as a means of detecting problems sooner
and strongly believe that this program will save many lives
as it expands nationwide.
The mission of the Susan G. Komen Breast Cancer Foundation
is to eradicate breast cancer as a life-threatening disease
by advancing research, education, screening and treatment.
The Komen Foundation is comprised of 115 affiliates in 45
states and the District of Columbia, with over 40,000
volunteers and 4 international affiliates. Komen has raised
well over $200 million in furtherance of its mission. But we
cannot do it alone. It takes dedicated Members of Congress
like you.
Again, thank you for your efforts to advance WISEWOMAN as a
separate program and we look forward to working with you to
make this legislation a reality for all.
With best regards,
Diane L. Balma,
Senior Counsel and
Director of Public Policy.
____
National Osteoporosis Foundation,
Washington, DC, May 24, 2000.
Hon. Tom Harkin,
Hon. Bill Frist,
U.S. Senate,
Washington, DC.
Dear Senators Harkin and Frist: On behalf of the National
Osteoporosis Foundation
[[Page S4465]]
(NOF), I commend you on the introduction of the bipartisan
WISEWOMEN Expansion Act of 2000 that supports your effort to
provide additional preventive health services, including
osteoporosis screening, to low-income and uninsured women.
As you know, osteoporosis is a major health threat for more
than 28 million Americans, 80 percent of whom are women. In
the United States today, 10 million individuals already have
the disease and 18 million more have low bone mass, placing
them at increased risk for osteoporosis. Also, one out of
every two women over 50 will have an osteoporosis-related
fracture in their lifetime. It is estimated that the direct
hospital and nursing home costs of osteoporosis are over
$13.8 billion annually, with much of that attributed to the
more than 1.5 million osteoporosis-related fractures that
occur annually.
The health care services included in the WISEWOMEN program
have provided positive results for many women who have
participated and ultimately cost-savings for the states that
have participated. Expansion of teh WISEWOMEN model to
additional states and for additional preventive services,
such as screening for osteoporosis, should enhance positive
results for both the women and states participating in the
program.
The National Osteoporosis Foundation is most appreciative
of your efforts to promote improved bone health and endorses
the WISEWOMEN Expansion Act of 2000.
Sincerely,
Sandra C. Raymond,
Executive Director.
Mr. HARKIN. Mr. President, I am pleased to join Senator Frist
today to introduce the ``WISEWOMAN Expansion Act.'' This bill will help
thousands of women have access to basic preventive health care they may
otherwise not receive. The legislation builds on a successful
demonstration program and expands screening services and preventive
care for uninsured and low-income women across the nation.
Beginning in 1990, I worked as Chairman of the Labor, Health and
Human Services and Education Appropriations Subcommittee to provide the
funding for the National Breast and Cervical Cancer Early Detection
Program (NBCCEDP), run through the Centers for Disease Control and
Prevention. In Iowa alone, the program has successfully served 8694
women through 618 provider-based breast and cervical cancer screening
sites.
Today, the Centers for Disease Control and Prevention currently run
the WISEWOMAN (Well-Integrated Screening and Evaluation for Women in
Massachusetts, Arizona and North Carolina) program through the NBCCEDP
as a demonstration project. The program has successfully built upon the
framework of the NBCCEDP to target other chronic diseases among women,
including heart disease, the leading cause of death among women, and
osteoporosis. The programs address risk factors such as elevated
cholesterol, high blood pressure, obesity and smoking and provide
important additional intervention services.
This demonstration project has been successful. It is now time to
expand the program to additional states, and eventually make it
nationwide. As the brother of two sisters lost to breast cancer and the
father of two daughters, I know first hand the importance of making
women's health initiatives a top priority. The first step to fighting a
chronic disease like cancer, heart disease or osteoporosis is early
detection. All woman deserve to benefit from the early detection and
prevention made possible by the latest advances in medicine. This bill
ensures a place for lower-income woman at the health care table.
Mr. President, the majority of Americans associate cardiovascular
disease with men, but the American Heart Association estimates that
nearly one in two women will die of heart disease or stroke. In fact,
cardiovascular diseases kills nearly 50,000 more women each year than
men. In my own state of Iowa, cardiovascular disease accounts for 44
percent of all dealths in Iowa. Close to 7,000 women die annually in
Iowa from cardiovascular disease. Each year, nearly half a million
women lose their lives as a result of heart disease and stroke. Sadly,
with appropriate screening and interventions, many of these deaths
could have been prevented.
Osteoporosis is also a preventable disease and affects 1 out of every
2 women over the age of 50. Fortunately, some of the preventive
measures women can take to reduce their risk for cardiovascular
diseases, such as eating more nutritious foods and exercising, can also
reduce their risk for osteoporosis.
Mr. President, our bill would do the following:
Expand the current WISEWOMAN demonstration project to additional
states;
Add flexibility to program language that would allow screenings and
other preventive measures for diseases in addition to cardiovascular
diseases;
Allow flexibility for the WISEWOMAN program to grow and adapt with
the changing needs of individual states and our better understanding of
new preventive strategies; and
Ensures continued full collaboration of the WISEWOMAN program with
the NBCCEDP;
Authorizes the CDC to make competitive grants to states to carry out
additional preventive health services to the breast and cervical cancer
screenings at NBCCEDP programs, such as: screenings for blood pressure,
cholesterol, and osteoporosis; health education and counseling;
lifestyle interventions to change behavioral risk factors such as
smoking, lack of exercise, poor nutrition, and sedentary lifestyle; and
appropriate referrals for medical treatment and follow-up services.
In order to be eligible for this program, states are required to
already participate in the NBCCEDP and to agree to operate their
WISEWOMAN program in collaboration with the NBCCEDP.
Mr. President, this bipartisan legislation has the support of the
National Osteoporosis Foundation, the American Cancer Society and the
Komen Foundation, among others. I urge my colleagues to join us in
supporting this critical legislation.
______
By Mr. DeWINE:
S. 2636. A bill to amend title 38, United States Code, to provide pay
parity for dentists with physicians employed by the Veterans Health
Administration, and for other purposes; to the Committee on Veterans'
Affairs.
the department of veterans affairs dentists appreciation act
Mr. DeWINE. Mr. President, as my colleagues know, there has
been a great deal of attention given to the sizeable problems both in
recruiting and in retaining the men and women in our military services.
In response, Congress last year passed a 4.8 percent across the board
pay raise, reformed the pay scales, and corrected a retirement system
for our soliders, sailors, airmen, and marines in the service of our
country. This year, Congress is considering ways to reform and improve
the strength of our military health care system.
Mr. President, these measures are the least we can do to recognize
the men and women of our military services for the important part they
play in maintaining our nation's security and our influence around the
globe.
But, Mr. President, there are other members of our civilian workforce
that also face recruiting and retention problems, and deserve
congressional attention. Last year, Congressman Steve LaTourette and I
introduced the Department of Veterans Affairs (VA) Nurse Appreciation
Act, which is designed to correct a provision in the law that has been
used in recent years to deny VA nurses the annual cost of living pay
adjustments given to federal employees. In some cases, the law was used
to cut the pay of some VA nurses. The law needs to be changed.
Today, I am introducing legislation to address another field of
critical importance to the VA--dental care, which is also facing
serious personnel retention problems. Over the past five years, the
Department of Veterans Affairs has experienced a decline from 830 full-
time dentists to only 630, and the numbers are still declining. In
addition, the turnover rate during the past 2 years have been more than
11 percent. An increasing number of young and mid-career dentists are
leaving the VA. There are fewer highly qualified applicants applying to
fill vacant positions, and most vacancies take several months to fill.
An additional concern is the aging of the current VA dental workforce.
Within 2 years, almost 50 percent of all VA dentist will be eligible
for regular or early-out retirement.
The legislation I am introducing today would attempt to address these
challenges and ensure the availability of quality dental health care
for our veterans.
[[Page S4466]]
One of the major reasons for the decline in the numbers of VA
dentists is the availability of higher paying jobs in the civilian
sector. The type of work done at the VA is more challenging than that
of the average hometown dentist. VA dentists frequently provide their
services to homeless veterans whose dental needs are much more
demanding.
An additional reason is that even with the ``special pay'' and the
``responsibility pay'' that is available under current law, VA
dentists' salaries still are not competitive with fellow non-VA
dentists. In addition, all full-tme VA physicians receive a ``special
pay'' incentive of $9,000 annually, while VA dentists receive only
$3,500. The ``responsibility pay'' depends on the additional
responsibilities the physician or dentist is performing.
The reason for the difference is that when current law was passed
nearly a decade ago, there was a shortfall of physicians, and a ready
supply of dentists.
The legislation I am introducing today, would correct this disparity
and bring ``special pay'' for dentists to $9,000 annually and would
increase the ``responsibility pay'' for dentists in management
positions, so that they would be in the same responsibility pay range
as physicians. This bill is similar to legislation introduced by
Congressman Bob Filner of California
The National Association of VA Physicians and Dentists have offered
their full support for this initiative and so has the American Dental
Association. As a matter of fact, a very dear longtime friend of my
family, Doctor Dwight Pemberton, a friend of my parents and
gransparents, was the one who brought this issue to my attention and
encouraged me to introduce this legislation. I thank him for his
support and advocacy for this legislation, and look forward to working
toward a positive solution to this problem.
I urge my colleagues to support this bill for the continued reliable
dental coverage for our veterans.
Mr. President, I ask unanimous consent that the text of the
Department of Veterans Affairs Dentists Appreciation Act be printed in
the Record.
S. 2636
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans
Affairs Dentists Appreciation Act''.
SEC. 2. PAY PARITY FOR DENTISTS.
(a) In General.--Section 7435(b) of title 38, United States
Code, is amended--
(1) in paragraph (1), by striking ``$3,500'' and inserting
``$9,000'';
(2) in paragraph (2)(A), by amending the table to read as
follows:
------------------------------------------------------------------------
Rate
``Length of Service ---------------------
Minimum Maximum
------------------------------------------------------------------------
2 years but less than 4 years................... $4,000 $6,000
4 years but less than 8 years................... 6,000 12,000
8 years but less than 12 years.................. 12,000 18,000
12 years or more................................ 12,000 25,000'';
------------------------------------------------------------------------
(3) in paragraph (3)(A), by striking ``$20,000'' and
inserting ``$40,000'';
(4) in paragraph (4)(A), by amending the table to read as
follows:
------------------------------------------------------------------------
Rate
``Position ----------------------
Minimum Maximum
------------------------------------------------------------------------
Service Chief (or in a comparable position as $4,500 $15,000
determined by the Secretary)..................
Chief of Staff or in an Executive Grade........ 14,500 25,000
Director Grade................................. 0 25,000'';
------------------------------------------------------------------------
(5) in paragraph (4)(B), by amending the table to read as
follows:
``Position Rate
Deputy Service Director......................................$20,000
Service Director..............................................25,000
Deputy Assistant Under Secretary for Health...................27,500
Assistant Under Secretary for Health (or in a comparable position
as determined by the Secretary)...........................30,000'';
(6) in paragraph (6), by striking ``$5,000'' and inserting
``$17,000''; and
(7) in paragraph (7)(A), by striking ``$5,000'' and
inserting ``$15,000''.
(b) Effective Date.--The amendments made by this section
shall apply to any contract entered into under chapter 74 of
title 38, United States Code, after the date of the enactment
of this Act.
______
By Mr. BAUCUS (for himself and Mr. Burns):
S. 2637. A bill to require a land conveyance, Miles City Veterans
Administration Medical Complex, Miles City, Montana; to the Committee
on Veterans' Affairs.
miles city veterans administration medical complex land conveyance
legislation
Mr. BURNS. Mr. President, I rise to express my support for
legislation introduced today by my colleague, Senator Baucus, that will
transfer ownership of the Miles City, Montana Veterans Hospital from
the Veterans Administration to Custer County, Montana. Indeed, I am co-
sponsor of this bill for the reason that within the Veterans
Administration there are unused properties that have become liabilities
that detract from the mission of the VA, which is to take care of our
veteran population. At the same time, these resources could be assets
to the communities where they exist.
This is exactly the situation we have in Miles City, Montana.
Maintaining a facility that is no longer needed costs the VA
approximately $500,000 that would otherwise be dedicated to improving
access and quality of care for Montana's veterans. At the same time,
the community of Miles City has need of additional space for use by the
community college and other entities designed to enhance the quality of
life and economic development opportunities for all the people of
southeast Montana.
This legislation represents a creative solution that serves the best
interest of all involved. The situation is not unique to Montana but we
are willing to address the issue and take the first step towards a more
efficient Veterans Administration. We need to dedicate the limited
resources of this agency to the essential task of maintaining our
commitment to America's veterans with adequate health care rather than
to excessive administration and maintenance costs.
At the same time, what is a liability for the VA will be an asset to
a community that has an inadequate tax base to support the development
of infrastructure that will have a significant and long-lasting impact
on jobs creation, educational opportunity, and will ultimately enhance
the tax base as well.
The concept that is inherent in this bill is a win-win situation for
all the affected parties and I encourage positive consideration by my
colleagues.
______
By Mr. DOMENICI (for himself, Mr. Kennedy, and Mr. Wellstone):
S. 2639. A bill to amend the Public Health Service Act to provide
programs for the treatment of mental illness; to the Committee on
Health, Education, Labor, and Pensions.
the mental health early intervention, treatment, and prevention act of
2000
Mr. DOMENICI. Mr. President, I rise today to introduce the
Mental Health Early Intervention, Treatment, and Prevention Act of 2000
with my friend Senator Kennedy.
Today we do not even question whether mental illness is treatable.
But, today we recoil in shock and disbelief at the consequences of
individuals not being diagnosed or following their treatment plans. The
results are tragedies we could have prevented.
Just look at the tragic incidents at the Baptist Church in Dallas/
Fort Worth, the Jewish Day Care Center in Los Angeles, and the United
States Capitol to see the common link: a severe mental illness. Or the
fact that there are 30,000 suicides every year, including 2,000
children and adolescents.
It was not too long ago that our nation decided we did not want to
keep people chained in institutions. Simply put, it was inhumane to
simply lock these individuals up without even using science to consider
other alternatives. In fact, one of the first awards I received as a
Senator was a Freedom Bell made from these very chains.
Make no mistake, our nation still has these same individuals with
mental illness, we just do not have a very good way to deal with these
individuals. Many of these individuals formerly locked up are now our
neighbors taking the proper medication to control their illness.
However, our nation simply does not have an understanding of what
happens when individuals stop taking their medications.
I believe the American people are ready for a direct assault on their
consciences about a comprehensive approach to prevent the tragic
incidents
[[Page S4467]]
mentioned. Many people just do not take notice because America is known
for her freedom, but sadly many of these highly publicized incidents of
mass violence all too often involve an individual with a mental
illness.
When these incidents occur, my wife and I watch with horror on
television and we often turn to each other and say that person was a
schizophrenic or that individual was a manic depressive.
Sadly, society often does not want to take the extra step to help
these individuals because they are either scared or simply do not know
how to help. Unfortunately, there is no place that a community can take
these individuals for help. The police can do very little and likewise
for hospitals.
I believe we must come together as a nation to find a community based
solution so when someone sees an individual in obvious need of help
they will know exactly what to do.
Some of you may have seen the recent 4 part series of articles in the
New York Times reviewing the cases of 100 rampage killers. Most notably
the review found that 48 killers had some kind of formal diagnosis for
a mental illness, often schizophrenia.
Twenty-five of the killers had received a diagnosis of mental illness
before committing their crimes. Fourteen of 24 individuals prescribed
psychiatric drugs had stopped taking their medication prior to
committing their crimes.
In particular I would point to a couple of passages from the series:
``They give lots of warning and even tell people explicitly what they
plan to do.'' . . . ``a closer look shows that these cases may have
more to do with society's lack of knowledge of mental health issues . .
. In case after case, family members, teachers and mental health
professionals missed or dismissed signs of deterioration.''
It is for these reasons that I am so pleased that Senator Kennedy has
joined me to introduce this comprehensive piece of legislation. The
legislation attempts to prevent these incidents and the other tragic
results of mental illness before they happen.
The bill we are introducing today will provide for: A mental Illness
Anti-Stigma and Suicide Prevention Campaign; Emergency Mental Health
Centers to serve as the central receiving point in communities for
families, friends, emergency medical personnel, and law enforcement to
take an individual in need of emergency mental health services; Mental
Health Awareness Training for Teachers and Medical Personnel to
identify and respond to individuals with a mental illness; Mental
Health Courts that will maintain separate dockets and handle only cases
involving individuals with a mental illness; A Blue Ribbon Panel to
make recommendations on issues relating to mental illness with a focus
on the diagnosis and treatment of mental illness; and Increased Funding
for Innovative Treatment and Research.
I really believe we have a historic opportunity to become preventers
of serious, serious acts of violence before they happen. Thank you very
much and I look forward to working with Senator Kennedy and my
colleagues on this legislative initiative.
Mr. President, I ask unanimous consent that a copy of the bill and a
summary of the bill be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 2639
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health Early
Intervention, Treatment, and Prevention Act of 2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Almost 3 percent of the adult population or 5 million
individuals in the United States suffer from a severe and
persistent mental illness.
(2) Twenty-five to 40 percent of the individuals who suffer
from a mental illness in the United States will come into
contact with the criminal justice system each year.
(3) Sixteen percent of all individuals incarcerated in
State and local jails suffer from a mental illness.
(4) Suicide is currently a national public health crisis,
with approximately 30,000 Americans committing suicide every
year, including 2,000 children and adolescents.
(5) The stigma associated with mental disorders often
discourages individuals from seeking treatment, decreases
such individuals' access to housing and employment, and
interferes with such individuals' full participation in
society.
(6) In industrialized countries, mental illness constitutes
4 of the 10 leading causes of disability for individuals who
are 5 years of age or older. Such illnesses are, in the order
of prevalence, depression, schizophrenia, bipolar disorder,
and obsessive compulsive disorder.
(7) Presently, nearly 7,500,000 children and adolescents,
or 12 percent of such population, suffer from 1 or more types
of mental disorders.
(8) Of the almost 850,000 individuals who are homeless in
the United States, approximately \1/3\ or about 300,000 of
such individuals suffer from a serious mental illness.
(9) The majority of individuals with a mental illness can
now be successfully treated.
(10) The primary care setting provides an important
opportunity for the recognition of mental disorders,
especially in children, adolescents, and seniors.
(11) The first Surgeon General's Report on Mental Health,
released in December 1999, describes a vision for the future
that includes 8 areas, being--
(A) continuing to build the science base;
(B) overcoming stigma;
(C) improving public awareness of effective treatment;
(D) ensuring the supply of mental health services and
providers;
(E) ensuring delivery of state-of-the-art treatments;
(F) tailoring treatment to age, gender, race, and culture;
(G) facilitating entry into treatment; and
(H) reducing financial barriers to treatment.
SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Title V of the Public Health Service Act (42 U.S.C. 290aa
et seq.) is amended by adding at the end the following:
``PART G--PROGRAMS FOR TREATMENT OF MENTAL ILLNESS
``SEC. 581. ANTI-STIGMA AND SUICIDE PREVENTION CAMPAIGN.
``(a) In General.--The Secretary shall carry out a national
anti-stigma and suicide prevention campaign to reduce the
stigma often associated with mental illness.
``(b) Use of Funds.--The Secretary shall use funds
authorized for the campaign described in subsection (a)--
``(1) to make public service announcements to reduce any
stigma associated with mental illness;
``(2) to provide education regarding mental illness,
including education regarding the biology of mental illness,
the effectiveness of treatment, and the resources that are
available for individuals afflicted with a mental illness and
for families of such individuals;
``(3) to provide science-based education regarding suicide
and suicide prevention, including education regarding
recognition of the symptoms that indicate that thoughts of
suicide are being considered;
``(4) to provide education for parents regarding youth
suicide and prevention;
``(5) to purchase media time and space;
``(6) to pay for out-of-pocket advertising production
costs;
``(7) to test and evaluate advertising and educational
materials for effectiveness; and
``(8) to carry out other activities that the Secretary
determines will reduce the stigma associated with mental
illness.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section--
``(1) $50,000,000 to carry out paragraphs (1), (2), (4),
(5), (6), and (7) of subsection (b) for fiscal year 2001, and
such sums as may be necessary for fiscal years 2002 through
2005; and
``(2) $25,000,000 to carry out paragraph (3) of subsection
(b) for fiscal year 2001, and such sums as may be necessary
for fiscal years 2002 through 2005.
``SEC. 582. MENTAL ILLNESS AWARENESS TRAINING GRANTS FOR
TEACHERS AND EMERGENCY SERVICES PERSONNEL.
``(a) Program Authorized.--The Secretary shall award grants
to States, political subdivisions of States, Indian tribes,
and tribal organizations to train teachers and other relevant
school personnel to recognize symptoms of childhood and
adolescent mental disorders, to refer family members to the
appropriate mental health services if necessary, to train
emergency services personnel to identify and appropriately
respond to persons with a mental illness, and to provide
education to such teachers and personnel regarding resources
that are available in the community for individuals with a
mental illness.
``(b) Emergency Services Personnel.--In this section, the
term `emergency services personnel' includes paramedics,
firefighters, and emergency medical technicians.
``(c) Distribution of Awards.--The Secretary shall ensure
that such grants awarded under subsection (a) are equitably
distributed among the geographical regions of the United
States and between urban and rural populations.
``(d) Application.--A State, political subdivision of a
State, Indian tribe, or tribal organization that desires a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require, including a plan
for the
[[Page S4468]]
rigorous evaluation of activities that are carried out with
funds received under a grant under this section.
``(e) Use of Funds.--A State, political subdivision of a
State, Indian tribe, or tribal organization receiving a grant
under subsection (a) shall use funds from such grant to--
``(1) train teachers and other relevant school personnel to
recognize symptoms of childhood and adolescent mental
disorders and appropriately respond;
``(2) train emergency services personnel to identify and
appropriately respond to persons with a mental illness; and
``(3) provide education to such teachers and personnel
regarding resources that are available in the community for
individuals with a mental illness.
``(f) Evaluation.--A State, political subdivision of a
State, Indian tribe, or tribal organization that receives a
grant under this section shall prepare and submit an
evaluation to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require, including an evaluation of activities carried out
with funds received under the grant under this section and a
process and outcome evaluation.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $50,000,000 for
fiscal year 2001 and such sums as may be necessary for each
of fiscal years 2002 through 2005.
``SEC. 583. GRANTS FOR EMERGENCY MENTAL HEALTH CENTERS.
``(a) Program Authorized.--The Secretary shall award grants
to States, political subdivisions of States, Indian tribes,
and tribal organizations to support the designation of
hospitals and health centers as Emergency Mental Health
Centers.
``(b) Health center.--In this section, the term `health
center' has the meaning given such term in section 330, and
includes community health centers and community mental health
centers.
``(c) Distribution of Awards.--The Secretary shall ensure
that such grants awarded under subsection (a) are equitably
distributed among the geographical regions of the United
States, between urban and rural populations, and between
different settings of care including health centers, mental
health centers, hospitals, and other psychiatric units or
facilities.
``(d) Application.--A State, political subdivision of a
State, Indian tribe, or tribal organization that desires a
grant under subsection (a) shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require, including a plan
for the rigorous evaluation of activities carried out with
funds received under this section.
``(e) Use of Funds.--
``(1) In general.--A State, political subdivision of a
State, Indian tribe, or tribal organization receiving a grant
under subsection (a) shall use funds from such grant to
establish or designate hospitals and health centers as
Emergency Mental Health Centers.
``(2) Emergency mental health centers.--Such Emergency
Mental Health Centers described in paragraph (1)--
``(A) shall--
``(i) serve as a central receiving point in the community
for individuals who may be in need of emergency mental health
services;
``(ii) purchase, if needed, any equipment necessary to
evaluate, diagnose and stabilize an individual with a mental
illness;
``(iii) provide training, if needed, to the medical
personnel staffing the Emergency Mental Health Center to
evaluate, diagnose, stabilize, and treat an individual with a
mental illness; and
``(iv) provide any treatment that is necessary for an
individual with a mental illness or a referral for such
individual to another facility where such treatment may be
received; and
``(B) may establish and train a mobile crisis intervention
team to respond to mental health emergencies within the
community.
``(f) Evaluation.--A State, political subdivision of a
State, Indian tribe, or tribal organization that receives a
grant under subsection (a) shall prepare and submit an
evaluation to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require, including an evaluation of activities carried out
with funds received under this section and a process and
outcomes evaluation.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $50,000,000 for
fiscal year 2001 and such sums as may be necessary for each
of the fiscal years 2002 through 2005.
``SEC. 584. GRANTS FOR JAIL DIVERSION PROGRAMS.
``(a) Program Authorized.--The Secretary shall make up to
125 grants to States, political subdivisions of States,
Indian tribes, and tribal organizations, acting directly or
through agreements with other public or nonprofit entities,
to develop and implement programs to divert individuals with
a mental illness from the criminal justice system to
community-based services.
``(b) Administration.--
``(1) Consultation.--The Secretary shall consult with the
Attorney General and any other appropriate officials in
carrying out this section.
``(2) Regulatory Authority.--The Secretary shall issue
regulations and guidelines necessary to carry out this
section, including methodologies and outcome measures for
evaluating programs carried out by States, political
subdivisions of States, Indian tribes, and tribal
organizations receiving grants under subsection (a).
``(c) Applications.--
``(1) In general.--To receive a grant under subsection (a),
the chief executive of a State, chief executive of a
subdivision of a State, Indian tribe or tribal organization
shall prepare and submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary shall reasonably require.
``(2) Content.--Such application shall--
``(A) contain an assurance that--
``(i) community-based mental health services will be
available for the individuals who are diverted from the
criminal justice system, and that such services are based on
the best known practices, reflect current research findings,
include case management, assertive community treatment,
medication management and access, integrated mental health
and co-occurring substance abuse treatment, and psychiatric
rehabilitation, and will be coordinated with social services,
including life skills training, housing placement, vocational
training, education job placement, and health care;
``(ii) there has been relevant interagency collaboration
between the appropriate criminal justice, mental health, and
substance abuse systems; and
``(iii) the Federal support provided will be used to
supplement, and not supplant, State, local, Indian tribe, or
tribal organization sources of funding that would otherwise
be available;
``(B) demonstrate that the diversion program will be
integrated with an existing system of care for those with
mental illness;
``(C) explain the applicant's inability to fund the program
adequately without Federal assistance;
``(D) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support; and
``(E) describe methodology and outcome measures that will
be used in evaluating the program.
``(d) Use of Funds.--A State, political subdivision of a
State, Indian tribe, or tribal organization that receives a
grant under subsection (a) may use funds received under such
grant to--
``(1) integrate the diversion program into the existing
system of care;
``(2) create or expand community-based mental health and
co-occurring mental illness and substance abuse services to
accommodate the diversion program;
``(3) train professionals involved in the system of care,
and law enforcement officers, attorneys, and judges; and
``(4) provide community outreach and crisis intervention.
``(e) Federal Share.--
``(1) In general.--The Secretary shall pay to a State,
political subdivision of a State, Indian tribe, or tribal
organization receiving a grant under subsection (a) the
Federal share of the cost of activities described in the
application.
``(2) Federal share.--The Federal share of a grant made
under this section shall not exceed 75 percent of the total
cost of the program carried out by the State, political
subdivision of a State, Indian tribe, or tribal organization.
Such share shall be used for new expenses of the program
carried out by such State, political subdivision of a State,
Indian tribe, or tribal organization.
``(3) Non-Federal share.--The non-Federal share of payments
made under this section may be made in cash or in kind fairly
evaluated, including planned equipment or services. The
Secretary may waive the requirement of matching
contributions.
``(f) Geographic Distribution.--The Secretary shall ensure
that such grants awarded under subsection (a) are equitably
distributed among the geographical regions of the United
States and between urban and rural populations.
``(g) Training and Technical Assistance.--Training and
technical assistance may be provided by the Secretary to
assist a State, political subdivision of a State, Indian
tribe, or tribal organization receiving a grant under
subsection (a) in establishing and operating a diversion
program.
``(h) Evaluations.--The programs described in subsection
(a) shall be evaluated not less than 1 time in every 12-month
period using the methodology and outcome measures identified
in the grant application.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$10,000,000 for fiscal year 2001, and such sums as may be
necessary for fiscal years 2002 through 2005.
``SEC. 585. SUICIDE PREVENTION ACROSS THE LIFE SPECTRUM.
``(a) In General.--The Secretary shall award grants,
cooperative agreements, or contracts to States, political
subdivisions of States, Indian tribes, tribal organizations,
and private nonprofit organizations to establish programs to
reduce suicide deaths in the United States.
``(b) Duration.--With respect to a grant, contract, or
cooperative agreement awarded under subsection (a), the
period during which payments under such award may be made to
the recipient may not exceed 5 years.
``(c) Special Populations.--In awarding grants, contracts,
and cooperative agreements under subsection (a), the
Secretary shall ensure that a portion of such awards are made
in a manner that will focus on the needs of populations who
experience high or rapidly rising rates of suicide.
``(d) Collaboration.--In carrying out subsection (a), the
Secretary shall ensure that
[[Page S4469]]
activities under this section are coordinated with activities
carried out by the relevant institutes at the National
Institutes of Health, the Health Resources and Services
Administration, the Centers for Disease Control and
Prevention, the Administration on Children and Families, and
the Administration on Aging.
``(e) Requirements.--A State, political subdivision of a
State, Indian tribe, tribal organization, or private
nonprofit organization desiring a grant, contract, or
cooperative agreement under subsection (a) shall demonstrate
that the program such entity proposes will--
``(1) provide for the timely assessment and treatment of
individuals at risk for suicide;
``(2) use evidence-based strategies;
``(3) be based on best practices that are adapted to the
local community;
``(4) integrate its program into the existing health care
system in the community, including primary health care,
mental health services, and substance abuse services;
``(5) be integrated into other systems in the community
that address the needs of individuals, including the
educational system, juvenile justice system, prisons, welfare
and child protection systems, and community youth support
organizations;
``(6) use primary prevention methods to educate and raise
awareness in the local community by disseminating information
about suicide prevention;
``(7) include services for the families and friends of
individuals who completed suicide;
``(8) provide linguistically appropriate and culturally
competent services;
``(9) provide a plan for the evaluation of outcomes and
activities at the local level and agree to participate in a
National evaluation;
``(10) provide or ensure adequate provision of mental
health and substance abuse services, either through provision
of direct services or referral; and
``(11) ensure that staff used in the program are trained in
suicide prevention and that professionals involved in the
system of care are given training in identifying persons at
risk of suicide.
``(f) Application.--A State, political subdivision of a
State, Indian tribe, tribal organization, or private
nonprofit organization receiving a grant, cooperative
agreement, or contract under subsection (a) shall prepare and
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
reasonably require. Such application shall include a plan for
the rigorous evaluation of activities funded under the grant,
cooperative agreement, or contract, including a process and
outcomes evaluation.
``(g) Distribution of Awards.--In awarding grants,
contracts, and cooperative agreements under subsection (a),
the Secretary shall ensure that such awards are equitably
distributed among the geographical regions of the United
States and between urban and rural populations.
``(h) Evaluation.--A State, political subdivision of a
State, Indian tribe, tribal organization, or private
nonprofit organization receiving a grant, cooperative
agreement, or contract under subsection (a) shall prepare and
submit to the Secretary at the end of the program period, an
evaluation of all activities funded under this section.
``(i) Dissemination and Education.--The Secretary shall
ensure that findings derived from activities carried out
under this section are disseminated to State, county, and
local governmental agencies and nonprofit organizations
active in promoting suicide prevention and family support
activities.
``(j) Authorization of Appropriation.--There are authorized
to be appropriated to carry out this section $75,000,000 for
fiscal year 2001, and such sums as may be necessary for
fiscal years 2002 through 2005.
``SEC. 586. MENTAL ILLNESS OUTREACH SCREENING PROGRAMS.
``(a) In General.--The Secretary shall award grants,
cooperative agreements, or contracts to States, political
subdivisions of States, Indian tribes, tribal organizations,
and private nonprofit organizations to conduct outreach
screening programs to identify children, adolescents, and
adults with a mental illness or a mental illness and co-
occurring substance abuse disorder and to provide referrals
for such children, adolescents, and adults.
``(b) Duration.--The Secretary shall award grants,
cooperative agreements, or contracts under subsection (a) for
a period of not more than 5 years.
``(c) Application.--A State, political subdivision of a
State, Indian tribe, tribal organization, or private
nonprofit organization desiring a grant, cooperative
agreement, or contract under subsection (a) shall prepare and
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require, including--
``(1) a plan for the rigorous evaluation of activities
funded under the grant, including a process and outcomes
evaluation; and
``(2) provide or ensure adequate provision of mental health
and substance abuse services, either through provision of
direct services or referral.
``(d) Use of Funds.--A State, political subdivision of a
State, Indian tribe, tribal organization, or private
nonprofit organization receiving a grant, cooperative
agreement, or contract under subsection (a) shall use funds
received under such grant--
``(1) to provide screening and referrals for children,
adolescents, and adults with a mental illness, especially for
underserved populations and groups historically less likely
to seek mental health and substance abuse services;
``(2) to ensure that appropriate referrals are provided for
children, adolescents, and adults in need of mental health
services or in need of integrated services relating to a co-
occurring mental illness and substance abuse disorder;
``(3) to utilize evidence-based and cost-effective
screening tools; and
``(4) to utilize existing, or to develop if necessary,
linguistically appropriate and culturally competent screening
tools.
``(e) Distribution of Awards.--The Secretary shall ensure
that such grants, cooperative agreements, and contracts
awarded under subsection (a) are equitably distributed among
the geographical regions of the United States and between
urban and rural populations.
``(f) Evaluation.--A State, political subdivision of a
State, Indian tribe, tribal organization, or private
nonprofit organization that receives a grant, cooperative
agreement, or contract under subsection (a) shall prepare and
submit to the Secretary an evaluation at the end of the
program period regarding activities funded under the grant.
``(g) Public Information.--The Secretary shall ensure that
the evaluations submitted under subsection (f) are available
and disseminated to State, county and local governmental
agencies, and to private providers of mental health and
substance abuse services.
``(h) Authorization of Appropriation.--There is authorized
to be appropriated to carry out this section, $15,000,000 for
fiscal year 2001, and such sums as may be necessary for
fiscal years 2002 through 2005.
``SEC. 587. GRANTS FOR MENTAL ILLNESS TREATMENT SERVICES.
``(a) Grants for the Expansion of Mental Health Services.--
``(1) In general.--The Secretary shall award grants,
contracts, or cooperative agreements to States, political
subdivisions of States, Indian tribes, tribal organizations,
and private nonprofit organizations for the purpose of
expanding community-based mental health services to meet
emerging or urgent mental health service needs in local
communities.
``(2) Priority.--The Secretary shall give priority in
making awards under paragraph (1) to States, political
subdivisions of States, Indian tribes, tribal organizations,
and private nonprofit organizations that--
``(A) have an integrated system of care or are committed to
developing such system of care;
``(B) have a significant need for mental health services as
shown by a needs assessment and a lack of funds for providing
the needed services; and
``(C) will work with--
``(i) adults who have a history of repeated psychiatric
hospitalizations, have a history of interactions with law
enforcement or the criminal justice system, or are homeless;
or
``(ii) children or adolescents who are at risk for suicide,
parental relinquishment of custody, encounters with the
juvenile justice system, behavior dangerous to themselves or
others, or being homeless.
``(3) Use of funds.--A State, political subdivision of a
State, Indian tribe, tribal organization, or private
nonprofit organization receiving a grant, contract, or
cooperative agreement under paragraph (1) may use the funds
received under such grant, contract, or cooperative agreement
to--
``(A) develop an integrated system of care for the
provision of services for children with a serious emotional
disturbance or adults with a serious mental illness;
``(B) expand community-based mental health services, which
may include assertive community treatment, intensive case
management, psychiatric rehabilitation, peer support
services, comprehensive wraparound services, and day
treatment programs;
``(C) ensure continuity of care for children, adolescents,
and adults discharged from the hospital and returning to the
community; and
``(D) provide outreach to children, adolescents, and adults
in the community in need of mental health services, including
individuals who are homeless.
``(b) Grants for the Integrated Treatment of Serious Mental
Illness and Co-occurring Substance Abuse.--
``(1) In general.--The Secretary shall award grants,
contracts, or cooperative agreements to States, political
subdivisions of States, Indian tribes, tribal organizations,
and private nonprofit organizations for the development or
expansion of programs to provide integrated treatment
services for individuals with a serious mental illness and a
co-occurring substance abuse disorder.
``(2) Priority.--In awarding grants, contracts, and
cooperative agreements under paragraph (1), the Secretary
shall give priority to applicants that emphasize the
provision of services for individuals with a serious mental
illness and a co-occurring substance abuse disorder who--
``(A) have a history of interactions with law enforcement
or the criminal justice system;
``(B) have recently been released from incarceration;
``(C) have a history of unsuccessful treatment in either an
inpatient or outpatient setting;
``(D) have never followed through with outpatient services
despite repeated referrals; or
``(E) are homeless.
[[Page S4470]]
``(3) Use of funds.--A State, political subdivision of a
State, Indian tribe, tribal organization, or private
nonprofit organization that receives a grant, contract, or
cooperative agreement under paragraph (1) shall use funds
received under such grant--
``(A) to provide fully integrated services rather than
serial or parallel services;
``(B) to employ staff that are cross-trained in the
diagnosis and treatment of both serious mental illness and
substance abuse;
``(C) to provide integrated mental health and substance
abuse services at the same location;
``(D) to provide services that are linguistically
appropriate and culturally competent;
``(E) to provide at least 10 programs for integrated
treatment of both mental illness and substance abuse at sites
that previously provided only mental health services or only
substance abuse services; and
``(F) to provide services in coordination with other
existing public and private community programs.
``(4) Condition.--The Secretary shall ensure that a State,
political subdivision of a State, Indian tribe, tribal
organization, or private nonprofit organization that receives
a grant, contract, or cooperative agreement under paragraph
(1) maintains the level of effort necessary to sustain
existing mental health and substance abuse programs for other
populations served by mental health systems in the community.
``(5) Distribution of awards.--The Secretary shall ensure
that grants, contracts, or cooperative agreements awarded
under paragraph (1) are equitably distributed among the
geographical regions of the United States and between urban
and rural populations.
``(c) Duration.--The Secretary shall award grants,
contract, or cooperative agreements under subsections (a) and
(b) for a period of not more than 5 years.
``(d) Application.--A State, political subdivision of a
State, Indian tribe, tribal organization, or private
nonprofit organization that desires a grant, contract, or
cooperative agreement under subsection (a) or (b) shall
prepare and submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require. Such application shall include a plan
for the rigorous evaluation of activities funded with an
award under such subsections, including a process and
outcomes evaluation.
``(e) Evaluation.--A State, political subdivision of a
State, Indian tribe, tribal organization, or private
nonprofit organization that receives a grant, contract, or
cooperative agreement under subsections (a)(1) and (b)(1)
shall prepare and submit a plan for the rigorous evaluation
of the program funded under such grant, contract, or
agreement, including both process and outcomes evaluation,
and the submission of an evaluation at the end of the project
period.
``(f) Authorization of Appropriation.--There is authorized
to be appropriated to carry out this section--
``(1) $50,000,000 for subsection (a) for fiscal year 2001,
and such sums as may be necessary for fiscal years 2002
through 2005; and
``(2) $50,000,000 for subsection (b) for fiscal year 2001,
and such sums as may be necessary for fiscal years 2002
through 2005.
``SEC. 588. CENTERS OF EXCELLENCE FOR POST TRAUMATIC STRESS
AND RELATED DISORDERS.
``(a) In General.--The Secretary shall award grants,
contracts, or cooperative agreements to public and nonprofit
private entities for the purpose of establishing national and
regional centers of excellence on psychological trauma
response and for developing knowledge with regard to
evidence-based practices for treating psychiatric disorders
resulting from witnessing or experiencing a traumatic event.
``(b) Priorities.--In awarding grants, contracts, or
cooperative agreements under subsection (a) related to the
development of knowledge on evidence-based practices for
treating disorders associated with psychological trauma, the
Secretary shall give priority to entities proposing programs
that work with children, adolescents, adults, and families
who are survivors and witnesses of domestic, school, and
community violence and terrorism.
``(c) Geographical Distribution.--The Secretary shall
ensure that grants, contracts, or cooperative agreements
under subsection (a) with respect to centers of excellence
are distributed equitably among the regions of the country
and among urban and rural areas.
``(d) Application.--A public or nonprofit private entity
desiring a grant, contract, or cooperative agreement under
subsection (a) shall prepare and submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require.
``(e) Evaluation.--The Secretary, as part of the
application process, shall require that each applicant for a
grant, contract, or cooperative agreement under subsection
(a) submit a plan for the rigorous evaluation of the
activities funded under the grant, contract, or agreement,
including both process and outcomes evaluation, and the
submission of an evaluation at the end of the project period.
``(f) Duration of Awards.--With respect to a grant,
contract or cooperative agreement awarded under subsection
(a), the period during which payments under such an award
will be made to the recipient may not exceed 5 years. Such
grants, contracts, or agreements may be renewed.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $50,000,000 for
fiscal year 2001, and such sums as may be necessary for each
of the fiscal years 2002 through 2005.
``SEC. 589. MENTAL ILLNESS TREATMENT COMPLIANCE INITIATIVE.
``(a) In General.--The Secretary, acting through the
Director of the National Institute of Mental Health, shall
establish a research program to determine factors
contributing to noncompliance with outpatient treatment
plans, and to design innovative, community-based programs
that use noncoercive methods to enhance compliance.
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary.
``SEC. 590. CENTERS OF EXCELLENCE FOR TRANSLATIONAL RESEARCH.
``(a) In General.--The Director of the National Institute
of Mental Health shall establish Centers for Excellence in
Translational Research to speed knowledge from basic
scientific findings to clinical application.
``(b) Purpose.--Such centers shall--
``(1) engage in basic and clinical research and training of
clinicians in the neuroscience of mental health; and
``(2) develop model curricula for the teaching of basic
neuroscience to medical students, residents, and post
doctoral fellows in clinical psychiatry and psychology.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary.
``SEC. 591. INCENTIVES TO INCREASE THE SUPPLY OF BASIC AND
CLINICAL MENTAL HEALTH RESEARCHERS.
``(a) In General.--The Secretary, acting through the
Director of National Institute of Mental Health, shall
develop and implement a program to increase the supply of
basic researchers and clinical researchers in the mental
health field. Such program may include loan forgiveness,
scholarships, and fellowships with both stipends and funds
for laboratory investigation. Such program, in part, shall be
designed to attract both female and under-represented
minority psychiatrists and psychologists into laboratory
research in the neuroscience of mental health and mental
illness.
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary.
``SEC. 592. IMPROVING OUTCOMES FOR CHILDREN AND ADOLESCENTS
THROUGH SERVICES INTEGRATION BETWEEN CHILD
WELFARE AND MENTAL HEALTH SERVICES.
``(a) In General.--The Secretary shall award grants,
contracts or cooperative agreements to States, political
subdivisions of States, Indian tribes, and tribal
organizations to provide integrated child welfare and mental
health services for children and adolescents under 19 years
of age in the child welfare system or at risk for becoming
part of the system, and parents or caregivers with a mental
illness or a mental illness and a co-occurring substance
abuse disorder.
``(b) Duration.--With respect to a grant, contract or
cooperative agreement awarded under this section, the period
during which payments under such award are made to the
recipient may not exceed 5 years.
``(c) Application.--
``(1) In general.--To be eligible to receive an award under
subsection (a), a State, political subdivision of a State,
Indian tribe, or tribal organization shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require.
``(2) Content.--An application submitted under paragraph
(1) shall--
``(A) describe the program to be funded under the grant,
contract or cooperative agreement;
``(B) explain how such program reflects best practices in
the provision of child welfare and mental health services;
and
``(C) provide assurances that--
``(i) persons providing services under the grant, contract
or cooperative agreement are adequately trained to provide
such services; and
``(ii) the services will be provided in accordance with
subsection (d).
``(d) Use of Funds.--A State, political subdivision of a
State, Indian tribe, or tribal organization that receives a
grant, contract, or cooperative agreement under subsection
(a) shall use amounts made available through such grant,
contract or cooperative agreement to--
``(1) provide family-centered, comprehensive, and
coordinated child welfare and mental health services,
including prevention, early intervention and treatment
services for children and adolescents, and for their parents
or caregivers;
``(2) ensure a single point of access for such coordinated
services;
``(3) provide integrated mental health and substance abuse
treatment for children, adolescents, and parents or
caregivers with a mental illness and a co-occurring substance
abuse disorder;
``(4) provide training for the child welfare, mental health
and substance abuse professionals who will participate in the
program carried out under this section;
``(5) provide technical assistance to child welfare and
mental health agencies;
``(6) develop cooperative efforts with other service
entities in the community, including
[[Page S4471]]
education, social services, juvenile justice, and primary
health care agencies;
``(7) coordinate services with services provided under the
medicaid program and the State Children's Health Insurance
Program under titles XIX and XXI of the Social Security Act;
``(8) provide linguistically appropriate and culturally
competent services; and
``(9) evaluate the effectiveness and cost-efficiency of the
integrated services that measure the level of coordination,
outcome measures for parents or caregivers with a mental
illness or a mental illness and a co-occurring substance
abuse disorder, and outcome measures for children.
``(e) Distribution of Awards.--The Secretary shall ensure
that grants, contracts, and cooperative agreements awarded
under subsection (a) are equitably distributed among the
geographical regions of the United States and between urban
and rural populations.
``(f) Evaluation.--The Secretary shall evaluate each
program carried out by a State, political subdivision of a
State, Indian tribe, or tribal organization under subsection
(a) and shall disseminate the findings with respect to each
such evaluation to appropriate public and private entities.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $20,000,000 for
fiscal year 2001, and such sums as may be necessary for each
of fiscal years 2002 and 2005.''.
``SEC. 593. PRIMARY CARE RESIDENCY TRAINING GRANTS.
``(a) In General.--The Secretary shall award grants to
institutions with accredited residency training programs that
provide residency training in primary care to provide
training to identify individuals with a mental illness and to
refer such individuals for treatment to mental health
professionals when appropriate.
``(b) Primary Care.--In this section, the term `primary
care' includes family practice, internal medicine,
pediatrics, obstetrics and gynecology, geriatrics, and
emergency medicine.
``(c) Distribution of Awards.--The Secretary shall ensure
that such grants awarded under subsection (a) are equitably
distributed among the geographical regions of the United
States and between urban and rural populations.
``(d) Eligibility.--In order to be eligible to receive a
grant under this section, an institution with a residency
training program shall require residents to demonstrate core
competencies in the diagnosis, treatment options, and
referral for treatment for individuals with a mental illness.
``(e) Application.--An institution with a residency
training program desiring a grant under subsection (a) shall
prepare and submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
``(f) Use of Funds.--An institution with a residency
training program that receives a grant under subsection (a)
shall use funds received under such grant to--
``(1) provide training for the diagnosis and treatment of
mental illness, and for appropriate referrals to mental
health professionals; and
``(2) develop model curricula or expand existing model
curricula to teach primary care residents the relationship
between physical illness and the mind and to effectively
diagnose and treat mental illnesses and make appropriate
referrals to mental health professionals which shall
include--
``(A) the development of core competencies in the
diagnosis, treatment options, and referral of individuals
with a mental illness;
``(B) a testing component to ensure that residents
demonstrate a proficiency in such core competencies; and
``(C) model curricula regarding neuroscience and behavior
to enhance the understanding of mental illness.
``(g) Evaluation.--An institution with a residency training
program that receives a grant under subsection (a) shall
prepare and submit to the Secretary an evaluation of the
activities carried out with funds received under this
section, including a process and outcomes evaluation.
``(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $10,000,000 for
fiscal year 2001 and such sums as may be necessary for each
of fiscal years 2002 through 2005.
``SEC. 594. TRAINING AND CONTINUING EDUCATION GRANTS FOR
PRIMARY HEALTH CARE PROVIDERS.
``(a) In General.--The Secretary shall award grants to
academic health centers, community hospitals, and out-patient
clinics, including community health centers and community
mental health centers, for the continuing education of
appropriate primary care providers in the diagnosis,
treatment, and referrals of children, adolescents, and adults
with a mental illness to mental health professionals, and for
the education of primary care providers in the delivery of
effective medical care to such children, adolescents, and
adults.
``(b) Distribution of Awards.--The Secretary shall ensure
that such grants awarded under subsection (a) are equitably
distributed among the geographical regions of the United
States and between urban and rural populations.
``(c) Application.--An academic health center, community
hospital, or out-patient clinic, including a community health
center and a community mental health center, desiring a grant
under subsection (a) shall prepare and submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may require, including a
plan for the rigorous evaluation of activities carried out
with funds received under this section, including a process
and outcomes evaluation.
``(d) Use of Funds.--An academic health center, community
hospital, or out-patient clinic, including a community health
center and a community mental health center, that receives a
grant under this section shall use funds received under such
grant for the continuing education of primary care providers
in the diagnosis, treatment options, and appropriate
referrals of children, adolescents, and adults with a mental
illness to mental health professionals, and for the education
of primary care providers in the delivery of effective
medical care to such children, adolescents, and adults.
``(e) Evaluation.--An academic health center, community
hospital, or out-patient clinic, including a community health
center and a community mental health center, that receives a
grant under this section shall prepare and submit an
evaluation to the Secretary that describes activities carried
out with funds received under this section.
``(f) Definitions.--In this section:
``(1) Health center.--The term `health center' has the
meaning given such term in section 330, and includes
community mental health centers.
``(2) Primary care.--The term `primary care' includes
family practice, internal medicine, pediatrics, obstetrics
and gynecology, geriatrics, and emergency medicine.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $20,000,000 for
fiscal year 2001 and such sums as may be necessary for each
of fiscal years 2002 through 2005.
``SEC. 595. COMMISSION.
``(a) Commission.--There is established a Commission that
shall study issues regarding the diagnosis, treatment,
rehabilitation, and hospitalization of individuals with a
mental illness, make recommendations regarding the findings
of such research, and develop model State legislation based
on the results of such research if appropriate.
``(b) Duties.--The Commission established under subsection
(a) shall--
``(1) study issues regarding the screening, diagnosis, and
treatment of individuals with a mental illness in both an
outpatient and inpatient setting;
``(2) study the effectiveness and results of outpatient and
inpatient involuntary treatment of individuals with a mental
illness, review existing laws governing outpatient
involuntary treatment of individuals with a mental illness,
and if appropriate, propose model State legislation to
regulate such involuntary treatment;
``(3) study the effectiveness and results of promoting the
inclusion of individuals with a mental illness in their
treatment decisions and the use of psychiatric advance
directives, and if appropriate, propose model State
legislation;
``(4) review the report `Mental Health: A Report of the
Surgeon General' and develop policy recommendations for
Federal, State, and local governments to guide the
development of public policy, implement the findings of the
Surgeon General;
``(5) develop mental health proposals, based on the
supplemental report of the Surgeon General on mental health
and race, culture, and ethnicity, to improve the diagnosis,
treatment, rehabilitation, and hospitalization of individuals
with a mental illness, and the utilization of services for
such individuals among diverse populations;
``(6) study the coordination of services between the health
care system, social services system, and the criminal justice
system for individuals with a mental illness;
``(7) study the adequacy of current treatment services for
mental illness; and
``(8) study issues regarding the mental illness of
incarcerated individuals in the criminal justice system and
develop recommendations for programs to identify, diagnose,
and treat such individuals.
``(c) Members of the Commission.--
``(1) In general.--The Commission established under
subsection (a) shall be composed of--
``(A) the Director of the National Institute of Mental
Health;
``(B) the Director of the Center for Mental Health
Services; and
``(C) a representative from a State or local mental health
agency;
``(D) a judge;
``(E) a prosecutor;
``(F) a criminal defense attorney;
``(G) a constitutional law scholar;
``(H) a law enforcement official;
``(I) a county corrections official.
``(J) a board certified psychiatrist;
``(K) a psychologist;
``(L) a medical ethicist;
``(M) 2 mental health advocates, 1 of which shall be a
consumer of mental health services; and
``(N) a family member of an individual with a mental
illness.
``(2) Selection.--Members of the Commission established
under subsection (a) shall be selected in the following
manner:
``(A) The Majority Leader of the Senate, in consultation
with the Minority Leader of the Senate, shall select 5
members of the Commission, with not more than 3 of such
members being of the same political party.
[[Page S4472]]
``(B) The Speaker of the House of Representatives, in
consultation with the Minority Leader of the House of
Representatives, shall select 5 members of the Commission,
with not more than 3 of such members being of the same
political party.
``(C) The President shall select 5 members of the
Commission, 2 of which shall be the Director of the National
Institute of Mental Health and the Director of the Center for
Mental Health Services.
``(d) Report.--
``(1) Interim report.--Not later than 10 months after the
date of enactment of this section, the Commission shall
prepare and submit to Congress a report that describes the
progress of the Commission regarding issues described in
paragraphs (2) and (3) of subsection (b) and recommends the
value of developing model State legislation.
``(2) Final report.--Not later than 18 months after the
date of enactment of this section, the Commission shall
prepare and submit to the President and Congress a report
that describes the findings of the Commission, and the
recommendations and model legislation created by such
Commission.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $1,500,000.''.
SEC. 4. LAW ENFORCEMENT MENTAL HEALTH GRANT PROGRAMS.
(a) In General.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by inserting after part U
(42 U.S.C. 3796hh et seq.) the following:
``PART V--MENTAL HEALTH GRANT PROGRAMS
``Subpart 1--Mental Health Court Grant Program
``SEC. 2201. GRANT AUTHORITY.
``(a) Program Authorized.--The Attorney General shall make
grants to States, State courts, local courts, units of local
government, and Indian tribal governments, acting directly or
through agreements with other public or nonprofit entities,
for up to 125 Mental Health Court grant programs.
``(b) Purpose.--Such Mental Health Court grant programs
described in subsection (a) shall involve--
``(1) the specialized training of law enforcement and
judicial personnel, including prosecutors and public
defenders, to identify and address the unique needs of
individuals with a mental illness who come in contact with
the criminal justice system; and
``(2) the coordination of criminal adjudication, continuing
judicial supervision, and the delivery of mental health
treatment and related services for preliminarily qualified
individuals, including--
``(A) voluntary outpatient or inpatient mental health
treatment, in the least restrictive manner appropriate as
determined by the court, that carries with it the possibility
of dismissal of charges or reduced sentencing upon successful
completion of treatment; and
``(B) centralized case management involving the
consolidation of cases, including violations of probation,
and the coordination of all mental health treatment plans and
social services, including substance abuse treatment where
co-occurring disorders are present, life skills training,
housing placement, vocational training, education, job
placement, health care, and relapse prevention for each
participant who requires such services.
``(c) Construction.--Nothing in this subpart shall preclude
States from implementing a system to divert preliminarily
qualified individuals in law enforcement custody for
nonviolent or misdemeanor offenses out of the criminal
justice system and into appropriate treatment programs.
``SEC. 2202. DEFINITION.
``In this subpart, subject to the requirements of section
2204(b)(8), the term, `preliminarily qualified individual'
means a person in law enforcement custody who--
``(1)(A) previously or currently has been diagnosed by a
qualified mental health professional as having a mental
illness, mental retardation, or a co-occurring mental illness
and substance abuse disorder; or
``(B) manifests obvious signs of having a mental illness,
mental retardation, or a co-occurring mental illness and
substance abuse disorder during arrest or confinement or
before any court; and
``(2) is deemed eligible by a designated judge.
``SEC. 2203. ADMINISTRATION.
``(a) Consultation.--The Attorney General shall consult
with the Secretary and any other appropriate officials in
carrying out this subpart.
``(b) Use of Components.--The Attorney General may utilize
any component or components of the Department of Justice in
carrying out this subpart.
``(c) Regulatory Authority.--The Attorney General shall
issue regulations and guidelines necessary to carry out this
subpart which shall include the methodologies and outcome
measures proposed for evaluating each applicant program.
``SEC. 2204. APPLICATIONS.
``(a) In General.--To request funds under this subpart, the
chief executive of a State, a unit of local government, or an
Indian tribal government shall submit an application to the
Attorney General in such form and containing such information
as the Attorney General may reasonably require.
``(b) Contents.--In addition to any other requirement the
Attorney General may specify under subsection (a), an
application for a grant under this subpart shall--
``(1) identify related governmental or community
initiatives which complement or will be coordinated with the
proposal;
``(2) include a plan for the coordination of mental health
treatment and social service programs for individuals needing
such services, including life skills training, such as
housing placement, vocational training, education, job
placement, health care, relapse prevention, and substance
abuse treatment where co-occurring disorders are present;
``(3) contain an assurance that--
``(A) there has been appropriate consultation with all
affected mental health and social service agencies and
programs in the development of the plan and that there will
be sufficient ongoing coordination with the affected agencies
and programs during implementation to ensure that they will
have adequate capacity to provide the services;
``(B) the Mental Health Court program will provide
continuing supervision of treatment plan compliance for a
term not to exceed the maximum allowable sentence or
probation for the charged or relevant offense and continuity
of psychiatric care at the end of the supervised period;
``(C) individuals referred to a Mental Health Court will
receive a full mental health evaluation by a qualified
professional;
``(D) the Federal support provided will be used to
supplement, and not supplant, State, Indian tribal, and local
sources of funding that would otherwise be available; and
``(E) the program will be evaluated no less than once every
12 months using the methodology and outcome measures
identified in the grant application;
``(4) include a long-term strategy and detailed
implementation plan;
``(5) explain the applicant's inability to fund the program
adequately without Federal assistance;
``(6) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support;
``(7) describe the methodology and outcome measures that
will be used in evaluating the program; and
``(8) identify plans to ensure that individuals charged
with serious violent felonies, including murder, rape, crimes
involving the use of a firearm or explosive device, and any
other crimes identified by the applicant, will not be
referred to the Mental Health Court.
``SEC. 2205. FEDERAL SHARE.
``The Federal share of a grant made under this subpart may
not exceed 75 percent of the total costs of the program
described in the application submitted under section 2204 for
the fiscal year for which the program receives assistance
under this subpart, unless the Attorney General waives,
wholly or in part, the requirement of a matching contribution
under this section. The use of the Federal share of a grant
made under this subpart shall be limited to new expenses
necessitated by the proposed program, including the
development of treatment services and the hiring and training
of personnel. In-kind contributions may constitute a portion
of the non-Federal share of a grant.
``SEC. 2206. GEOGRAPHIC DISTRIBUTION.
``The Attorney General shall ensure that, to the extent
practicable, an equitable geographic distribution of grant
awards is made that considers the special needs of rural
communities, Indian tribes, and Alaska Natives.
``SEC. 2207. REPORT.
``A State, State court, local court, unit of local
government, or Indian tribal government that receives funds
under this subpart during a fiscal year shall submit to the
Attorney General a report in March of the following year
regarding the effectiveness of this subpart.
``Subpart 2--Mental Health Screening and Treatment Grant Program in
Jails and Prisons
``SEC. 2221. GRANT AUTHORITY.
``The Attorney General shall carry out a pilot program
under which the Attorney General shall make a grant to 10
States selected by the Attorney General for use in accordance
with this subpart.
``SEC. 2222. USE OF GRANT AMOUNTS.
``Amounts made available under a grant awarded under this
subpart--
``(1) shall be used for mental health screening,
evaluation, and treatment of individuals detained or
incarcerated in State and local correctional institutions;
and
``(2) may be used to incorporate mental health screening
and treatment into the State and local probation and parole
systems.
``SEC. 2223. MINIMUM GRANT AMOUNT.
``The amount of a grant awarded to a State under this
subpart for any fiscal year shall not be less than 2.5
percent of the total amount made available to carry out this
subpart for that fiscal year.
``SEC. 2224. STATE AND LOCAL ALLOCATION.
``Of the amount made available under a grant awarded to a
State under this subpart--
``(1) 25 percent shall be used by the State in accordance
with section 2222; and
``(2) 75 percent shall be distributed to units of local
government within the State for use in accordance with
section 2222.
``SEC. 2225. REPORT.
``A State that receives funds under this subpart during a
fiscal year shall submit to the Attorney General a report in
March of the following year regarding the effectiveness of
this subpart.
[[Page S4473]]
Subpart 3--Law Enforcement Mental Health Training Grant Program
``SEC. 2231. GRANT AUTHORITY.
``The Attorney General shall make grants to States, which
shall be used to train State and local law enforcement
officers--
``(1) to identify and respond effectively to individuals
with a mental illness who come into contact with the criminal
justice system; and
``(2) regarding the mental health treatment resources
available in the community for individuals with a mental
illness who come into contact with the criminal justice
system.''.
(b) Technical Amendment.--The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.), is amended by inserting after the item
relating to part U the following:
``Part V--Mental Health Courts
``Subpart 1--Mental Health Court Grant Program
``Sec. 2201. Grant authority.
``Sec. 2202. Definition.
``Sec. 2203. Administration.
``Sec. 2204. Applications.
``Subpart 2--Mental Health Screening and Treatment Grant Program in
Jails and Prisons
``Sec. 2221. Grant authority.
``Sec. 2222. Use of grant amounts.
``Sec. 2223. Minimum grant amount.
``Sec. 2224. State and local allocation.
``Subpart 3--Law Enforcement Mental Health Training Grant Program
``Sec. 2231. Grant authority.''.
(c) Authorization of Appropriations.--Section 1001(a) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3793(a)) is amended by inserting after paragraph (19)
the following:
``(20) There are authorized to be appropriated--
``(A) to carry out subpart 1 of part V, $10,000,000 for
fiscal year 2001 and such sums as may be necessary for each
of fiscal years 2002 through 2005;
``(B) to carry out subpart 2 of part V, $50,000,000 for
fiscal year 2001 and such sums as may be necessary for each
of fiscal years 2002 through 2005; and
``(C) to carry out subpart 3 of part V, $50,000,000 for
fiscal year 2001 and such sums as may be necessary for each
fiscal years 2002 through 2005.''.
____
The Mental Health Early Intervention, Treatment, and Prevention Act of
2000--Summary
Twenty-five to forty percent of individuals in the United
States with a mental illness come into contact with the
criminal justice system each year. Sixteen percent of
individuals incarcerated in state and local jails suffer from
a mental illness. About 30,000 Americans, including 2,000
children and adolescents, commit suicide each year.
The bill seeks to prevent the often tragic results of
mental illness, such as acts of violence and suicide, before
they occur. It provides a series of programs to raise
awareness about mental illness; to increase resources for the
screening, diagnosis, and treatment of mental illness; and to
increase resources to enable the criminal justice system to
respond more effectively to persons with mental illness.
anti-stigma campaign and suicide prevention campaign
The bill proposes an anti-stigma campaign using media and
public education, aimed at reducing the stigma often
associated with mental illness.
training for teachers, emergency services personnel, and primary care
professionals
The bill proposes a program to provide training to teachers
and emergency services personnel to identify and respond to
individuals with mental illness, and to raise awareness about
available mental health resources. A separate program will
provide continuing education of primary care professionals in
the delivery of mental health care.
emergency mental health centers
The Centers will serve as a specific site in communities
for individuals in need of emergency mental health services,
and will also provide mobile crisis intervention teams.
jail diversion demonstration
A demonstration initiative will create 125 programs to
divert individuals with mental illness from the criminal
justice system to community-based services.
suicide prevention across the life spectrum
A program to provide timely assessment and referral for
treatment for children, adolescents, and adults at risk for
suicide, with priority given to groups experiencing high or
increasing rates of suicide.
mental illness treatment grants
A grant program will be available to develop or expand
treatment services for mental illness in communities with
urgent or emerging need for such services. Grants will also
be available to provide integrated treatment for individuals
with a serious mental illness and a co-occurring substance
abuse disorder; the emphasis will be on individuals with a
history of involvement with law enforcement or a history of
unsuccessful treatment.
mental illness outreach screening
A grant program will be established to conduct outreach
screening to identify individuals with a mental illness or
with a mental illness and a co-occurring substance abuse
disorder, and provide appropriate referrals for treatment.
centers of excellence for post-traumatic stress and related disorders
A grant program will be established to support national and
regional centers of excellence to respond to psychological
trauma, and to psychiatric disorders resulting from
witnessing or experiencing a traumatic event.
expanded role of the national institute of mental health
The National Institute of Mental Health will study the
factors that contribute to noncompliance with outpatient
treatment plans. It will also establish centers of excellence
for research, and increase the number of basic and clinical
researchers.
increased coordination of children's services
A program will be established to improve outcomes among at-
risk children by integrating child welfare and mental health
services.
Blue Ribbon Commission
The Commission will make recommendations on issues relating
to mental illness. It will focus on diagnosis and treatment,
and the interaction between mental illness and the criminal
justice system.
mental health courts
This demonstration program will create 125 Mental Health
Courts with separate dockets to handle cases involving
individuals with a mental illness. These individuals will be
voluntarily assigned to out-patient or in-patient mental
health treatment as an alternative sentence.
mental health screening and treatment in jails and prisons
A pilot program will be created to provide states and local
governments with funds to screen, evaluate, and treat
individuals with mental illness in local jails or state
prisons.
laws enforcement mental health training
This program will train law enforcement officers to
identify and effectively respond to individuals with a mental
illness and to educate police officers about available mental
health resources.
Mr. KENNEDY. Mr. President, I welcome this opportunity to work
with Senator Domenici on this important issue of mental health care,
and I commend him for his leadership. In American medicine today,
patients with biochemical problems in their liver are treated with
compassion, but those with biochemical problems in their brain are
treated harshly. That discrepancy is unacceptable. The stigma against
the mentally ill is a blatant form of discrimination. The legislation
that Senator Domenici and I are introducing is intended to correct this
inequity and to assure that those with mental illness will get the
treatment they need.
The first-ever Surgeon General's Report on Mental Health was released
last December. It provides a solid foundation on which to build. It is
a powerful statement that treating the problems of mental illness more
effectively must be one of our Nation's highest priorities. The Surgeon
General's Report makes two basic points. Mental illness is a national
crisis--and our treatment of the mentally ill is a national disgrace.
One in five Americans will experience some form of mental illness
this year. Mental illnesses are our second leading cause of disability.
Yet success rates for treating mental illnesses are as high as 80
percent. Effective drugs with limited side effects have become
available in recent years. Note that the success rates for treatment of
other chronic diseases, such as hypertension and diabetes, are not
quite as high. But people with high blood pressure or diabetes still
seek treatment. Unfortunately, fear, stigma and lack of available
treatment combine to prevent individuals with mental illness from
seeking treatment.
There are several reasons for this. First is stigma. People are
afraid to admit mental illness to their doctors, or even to themselves.
In fact, two-thirds of those with diagnosable mental illnesses do not
seek treatment. Second, there is a very low public understanding of
mental disorders and of the fact that they are treatable. Third,
individuals with mental illness may not be correctly diagnosed or
appropriately referred for treatment. Fourth, people who do seek
treatment for mental illness find that it is not available or that
their insurance plans will not cover it.
One result of the lack of treatment is suicide. Fifty percent more
Americans die by their own hand each year than
[[Page S4474]]
are killed by other; 29,264 suicides occurred in 1998 compared with
17,350 homicides. Suicide is the third leading killer of the Nation's
youth.
What is happening to many of those who suffer from mental illness?
Jails and prisons represent the largest residential center for those
suffering from mental illnesses, but few prisoners receive treatment
there.
The bill that Senator Domenici and I are introducing today, ``The
Mental Health Early Intervention, Treatment, and Prevention Act of
2000,'' is a giant step toward giving mental health the priority it
deserves. But we cannot promote mental health without eradicating the
stigma surrounding mental illness. Since fear and ignorance compound
the problem, a campaign to improve public understanding about mental
illness will combat the ignorance and decrease the fear.
Increased public understanding is not sufficient, however. Successful
treatment of those suffering from mental illness requires effective
care by skilled professionals. Many individuals with mental illness do
not realize the nature of scope of their problem, and those whom they
might encounter in daily life are unable to assist them. Our bill will
enable us to reach out to find persons with mental illness. It will
train teachers, police and others to provide front-line help.
Our legislation provides for the establishment of suicide prevention
programs. It will also develop screening programs to identify and reach
out to those with mental illnesses so that they seek effective
treatment. We will also establish response teams and designate centers
to provide patients with such treatment.
Patients suffering from mental illness are more likely to experience
a greater number of physical ailments as well. Their primary care
physicians are often not equipped to recognize mental illness or to
make the appropriate referral to a mental health professional. Our bill
will develop programs to train primary care health providers to treat
the physical symptoms of those who suffer from mental illness, while
making sure that they obtain care for their mental well-being too.
In addition, ignorance of the biology of the brain and the mind has
often prevented the development of cures for many forms of mental
illness. Our bill will develop educational programs to increase the
numbers of researchers investigating the science of mental illness.
Special emphasis will be given to training psychiatrists and
psychologists in effective ways to bring the discoveries of the
laboratory more quickly to the bedside of the patient.
Our bill will develop new strategies to assist individuals with
mental illness in the criminal justice system and to strengthen the
understanding of mental illness by law enforcement officials. It is
likely, as a result, that many who suffer from mental illness will
receive treatment rather than punishment, so that they contribute to
society instead of being incarcerated by society.
Mental illness is a serious national problem that all of us must deal
with more effectively. Our goal in this legislation is to give mental
health the high priority it deserves. The enactment of this bill will
help those millions of our fellow citizens who, at this moment, are
suffering in silence.
______
By Mrs. BOXER:
S. 2640. A bill to amend title 38, United States Code, to permit
Department of Veterans Affairs pharmacies to dispense medications to
veterans for prescriptions written by private practitioners, and for
other purposes; to the Committee on Veterans' Affairs.
veterans prescriptions legislation
Mrs. BOXER. Mr. President, as the country enters this Memorial Day
weekend to pay tribute to those who gave their lives to protect and
defend the United States, I come before the Senate to introduce
legislation aimed at making it easier for veterans to receive
medications through the VA health care system.
Right now, VA pharmacies are prohibited from dispensing medications
that are prescribed by non-VA practitioners. This means that veterans
can not have their prescriptions filled at a VA facility if it is
written by their private doctor. Under current law, veterans only have
to pay $2 for each 30-day supply of medication supplied by the VA.
Therefore, if a veteran needs to have a prescription filled by a non-VA
practitioner, it can mean great out-of-pocket expenses. My legislation
would change the current system to allow the VA to fill prescriptions
that are written by non-VA practitioners.
This bill has been endorsed by The American Legion, the National
Association of Uniformed Services and the Non-Commissioned Officers
Association. I believe it is a common sense approach, and I think we
owe it to veterans to make health care as affordable and accessible as
possible.
Earlier today, I had the pleasure of speaking at the Veterans
Washington Rally which was sponsored by the Vietnam Veterans of
America, Rolling Thunder, the Jewish War Veterans and other veteran
supporters. These veterans were asking for full funding for the VA
health care system as spelled out in the Independent Budget, a
comprehensive analysis of the VA budget which is prepared each year
with the support of several veteran organizations.
Veterans are rightly concerned that current budget plans are barely
enough to keep up with health care inflation and is nowhere near enough
to provide quality emergency and long-term care or begin a serious
fight against hepatitis C. I was proud to see these veterans fighting
for the benefits and services that are rightly theirs, and I hope we
can address their concerns when the Senate considers the VA-HUD
appropriations bill later this year.
Thank you, Mr. President. And, may God bless all of America's
veterans this Memorial Day.
______
By Mr. CLELAND (for himself and Mr. Coverdell):
S. 2641. A bill to authorize the President to present a gold medal on
behalf of Congress to former President Jimmy Carter and his wife
Rosalynn Carter in recognition of their service to the Nation; to the
Committee on Banking, Housing, and Urban Affairs.
to authorize the president to present the gold medal on behalf of
congress to former president jimmy carter and former first lady
Rosalynn Carter
Mr. CLELAND. Mr. President, I rise today to introduce a bill that
would authorize the President to present a Gold Medal on behalf of
Congress to former President Jimmy Carter and former First Lady
Rosalynn Carter in recognition of their service to the Nation. I would
like to thank Senator Coverdell for co-sponsoring this bill and extend
an invitation to all our other colleagues to join us in supporting this
legislation to award these two great Americans with Congress' highest
honor.
It is widely agreed that President Jimmy Carter and his wife Rosalynn
Carter have distinguished records of public service to the American
people and the international community. Internationally, the Carters
have been involved in a number of public service initiatives ranging
from combating famine in Sub-Sahara Africa and encouraging better
health care in Third World nations to serving as mediators in an effort
to end civil wars in half a dozen countries. President Carter has
monitored numerous foreign elections in an effort to spread democracy
throughout the world.
A Congressional Gold Medal awarded by Congress will show the
appreciation of the American public for the many contributions that
President and Mrs. Carter have made, including service in public office
from the state legislature to the White House. Jimmy and Rosalynn
continue to promote human rights worldwide due to their active
involvement in the nonprofit Carter Center in Atlanta that has
initiated projects in more than 65 countries to resolve conflicts,
promote human rights, build democracy, improve health care worldwide,
and revitalize urban areas. In addition, the Carters serve as
volunteers for Habitat for Humanity, which helps low income families
build their own homes.
I hope that other members of Congress will join me and Senator
Coverdell in recognizing President and Mrs. Carter for their
distinguished records of public service by awarding them the
Congressional Gold Medal.
______
By Mr. HATCH:
S. 2642. A bill to amend the Internal Revenue Code of 1986 to provide
major tax simplification; to the Committee on Finance.
[[Page S4475]]
the tax ease and modernization act--part i
Mr. HATCH. Mr. President, I rise today to introduce legislation
intended to start us on the path to a simpler, more rational, and
fairer federal tax system. The bill I am introducing in the Senate
today, the Tax Ease and Modernization Act--Part I (TEAM-I), is designed
to be the first of several installments to incrementally transform the
Internal Revenue Code into a revenue collection device that is more
efficient, more responsive to the needs of taxpayers, more able to help
this nation compete in a global marketplace, and most importantly, much
easier to understand, comply with, and administer.
I realize that this is a tall order. I also believe that such a
transformation cannot occur overnight. This is why my plan calls for
incremental action through a multi-year plan--a plan that we can start
implementing this year rather than waiting for consensus to develop
around a fundamental tax reform approach that centers on a flat tax, a
national consumption tax, or some hybrid system.
As I said on this floor on April 4, 2000, when I announced this plan,
I recognize the need for a new paradigm in taxation for this country. I
believe our Internal Revenue Code is fundamentally flawed and needs to
be replaced with a new system. But such a new tax code will require
years of presidential leadership, public education, and an intelligent
transition from the current system.
In the meantime, we should not wait for an elusive tax Utopia to come
along and remove the immediate need for improvements to the Internal
Revenue Code. We should begin to act now, and do what we can to make
our current system better in the short run. This is what my plan is all
about.
Mr. President, the bill I introduce today begins this transformation
process by repealing or repairing some of the most complex and unfair
provisions in the Internal Revenue Code. Moreover, it does so in a
balanced way, with relief from complexity for every classification of
taxpayer--low-income and high income individuals, school teachers and
chief executive officers, members of neighborhood investment clubs and
high rollers, small businesses and sprawling multinationals, people
with IRS problems and families with foster children. The goals are to
simplify the tax code and make it more fair for everyone.
Because the Internal Revenue Code is so riddled with complexity at
every level, attempting to eliminate it all at once would be difficult
at best. Therefore, this bill focuses on solving several of the largest
problems affecting millions of taxpayers, then supplements these
features with a number of smaller provisions that may appear relatively
minor, but as a whole add a tremendous amount of complexity,
unfairness, or hassle for many taxpayers, as well as for the Internal
Revenue Service.
alternative minimum tax repeal
Mr. President, the Tax Ease and Modernization Act--Part I starts with
repealing what is likely to be the largest source of tax compliance
headaches for middle- and upper-income families over the next decade--
the alternative minimum tax. The alternative minimum tax, or AMT for
short, remains unknown to many Americans, and is not well understood
even by those nearly 1 million taxpayers it already affects.
The AMT was originally designed to ensure that taxpayers with
economic income who take advantage of the tax code's many incentive
deductions and credits still pay some tax. However, because of basic
design flaws, the AMT's reach now goes far beyond what was intended in
1969 when it was conceived or even in 1986 when it was expanded. In
fact, the Treasury Department estimates that at least 17 million
taxpayers will be subject to the nightmare-like complexity of the
alternative minimum tax by 2010. Even the Clinton administration,
traditionally a strong supporter of the AMT, now admits it has grown
out of control and advocates changes to tame it.
This bill goes one better and repeals the alternative minimum tax
altogether, Mr. President. It is time to rid the code of the kind of
super-complexity brought by the AMT, which, in my view, has failed to
achieve its objectives of bringing greater fairness to our tax system.
capital gains tax simplification
A second major provision of this bill would greatly simplify the
taxation of capital gains. Many of my constituents were pleased in 1997
when Congress lowered the capital gains tax rates from 28 percent to 20
percent. However, many were not as excited when they found out what the
new law meant come tax return filing time--a 54-line Schedule D
accompanied by two worksheets and seven pages of instructions. This is
compared to a 39-line form and just two pages of instructions prior to
the change.
TEAM-I would simplify capital gains by repealing the current maximum
rate approach and instituting a 50 percent exclusion, as was the case
before the 1986 Tax Reform Act repealed the capital gains preference.
In other words, taxpayers would be allowed to exclude 50 percent of the
long-term capital gain from gross income. The remaining 50 percent
would be taxed at ordinary income rates. This would do away with the
need for a special computation on the tax forms. It would also result
in a lower capital gains rate for every tax bracket, with those in the
lowest tax brackets getting the largest rate decreases. This bill thus
both simplifies capital gains and cuts the effective capital gains tax
rate for all individuals.
We should not underestimate the importance of this change. Mr.
President. Over the past few years the number of Americans who are
invested in capital assets has skyrocketed. The Joint Economic
Committee reported last month that the percentage of American families
directly and indirectly holding stocks climbed from 31.6 percent in
1989 to 48.8 percent in 1998. Moreover, a recent Federal Reserve study
shows that stockholdings made up a record 31.7 percent of household
wealth in 1999. And this does not include other capital assets, such as
bonds, real estate, and partnership interests. No longer can even the
most hardened opponent of capital gains rate reductions argue that it
is a tax break only for the wealthy.
In addition, there is abounding evidence that lowering the capital
gains tax rate has had a very salutary effect on the economy over the
years, particularly since the 1997 change. A 1999 study by Standard and
Poor's DRI concluded that the 1997 capital gains tax reduction from a
top rate of 28 percent to 20 percent was responsible for about 25
percent of he increase in stock prices from 1997 to 1999. Also, the
cost of capital for new investment fell by about 3 percent as a result
of the 1997 change. Clearly, when it comes to capital gains, simplicity
is needed as well as lower rates. TEAM-I delivers both.
The bill I am introducing today also features a smaller but important
provision relating to capital gains from the sale of a principal
residence. In 1997, Congress passed a provision that allows homeowners
to exclude up to $250,000 of capital gains from the sale of their
principal residence. The number is $500,000 for married couples filing
a joint return. This has been or will be a tremendous benefit for
millions of American families. The provision was flawed in one respect,
however, in that it was not indexed for inflation. My bill would index
the exclusion for future inflation, in increments of $1,000.
earned income tax credit simplification
Mr. President, millions of lower-income taxpayers face one of the
most complex tax provisions in the entire Internal Revenue Code--the
Earned Income Tax Credit (EITC). Taxpayers trying to figure out if they
can claim this credit and how to compute it face a daunting challenge--
instructions and tables in the Form 1040 instructions that take up ten
full pages, including a nine-step flowchart and two worksheets. Even
all of this is not enough to provide all the needed information in
every case.
Taxpayers, many if not most of whom are surely aggravated and
confused by these rules, are referred to IRS Publication 596, a 54-page
booklet, to even more detailed information.
Practically every professional tax group that has studied tax
complexity recommends major simplification to the EITC. TEAM-I would
provide major simplicity, while expanding the credit.
The bill would simplify the EITC rules in two ways, Mr. President.
First it modifies the definition of earned income to include only
taxable employee
[[Page S4476]]
compensation and business income readily available on Form 1040.
Current law requires the consideration of non-taxable compensation,
such as meals and lodging provided for the convenience of the employer
and employer-provided educational assistance benefits. Many times these
amounts are not readily available to the employee, who is likely to be
uncertain whether such nontaxable compensation is provided or not.
Second, TEAM-I simplifies the definition of a dependent child. The
source of one of the greatest complexities in the EITC is the
definition of a qualifying child. Current law is confusing in part
because the definition of a qualifying child is very similar, but not
identical, to the definition of a dependent child for purposes of the
dependency exemption. In some cases, a child can qualify a taxpayer for
the EITC but not for the dependency exemption. The bill simplifies both
the dependency exemption and the EITC by moving the definition of a
dependent child closer to that of a qualifying child for purposes of
the EITC. Thus, with this new definition, taxpayers who are able to
claim a dependent child for the exemption should be able to also claim
the child for purposes of the earned income tax credit. This solution
is based on a concept proposed by the Clinton Administration in the
budget for fiscal year 2001.
Mr. President, the bill also expands in three ways the earned income
tax credit, which is a program that has proven vital in assisting
millions of families at the margin of poverty. The first expansion
provides a new category for taxpayers with three or more qualifying
children, which offers a higher percentage credit. Current law provides
different levels of the credit for taxpayers with no children,
taxpayers with one qualifying child, and those with two or more.
Secondly, the bill provides a larger maximum credit for all qualifying
taxpayer with children by increasing the phaseout amount, which is the
level of the taxpayer's earnings at which the credit begins to be
phased out, from the current law level of $12,690 to $15,000.
Perhaps even more significantly, the bill takes a major step toward
relieving the onerous marriage penalty inherent in the current Earned
Income Tax Credit. This is accomplished by increasing the amount at
which the credit begins to be phased out by an extra $5,000 for
taxpayers who are married filing a joint return. While this will not
eliminate the marriage penalty problem of the EITC, which is among the
largest marriage penalties in the tax code, it does take an important
step toward reducing it.
repeal of limitations on itemized deductions and personal exemptions
Mr. President, two of the most unfair and complex provisions of the
current tax law are aimed squarely at upper-middle and higher-income
taxpayers. After the 1986 Tax Reform Act lowered the top tax rate to 28
percent, the Democratically led Congress decided that this was too low
a tax rate for successful Americans who were considered wealthy. Rather
than a straightforward increase in the top tax bracket, however,
Congress decided to be sneaky about it and raised the marginal tax
rates on certain taxpayers by limiting their itemized deductions and
personal exemptions. The effects of these provisions are twofold.
First, they obscure the true rate of tax being levied on taxpayers
subject to these provisions. Second, and probably most damaging, they
add a great deal of unwarranted complexity. My bill solves both
problems by simply repealing these provisions.
business tax simplification
While the Tax Ease and Modernization Act--Part I focuses mostly on
the complexity problems of individual taxpayers, it does not ignore
businesses, who often face complexity in the extreme. The second and
third installments of this effort will feature many more simplification
provisions to help ensure that American businesses stay competitive in
the global marketplace and are not forced to waste resources on
unnecessary tax compliance costs.
Part I features three relatively small but important provisions that
will simplify taxes for practically all business taxpayers in America.
The first provision would change the law to provide that corporate
taxpayers no longer have to pay a higher rate of interest to the
Internal Revenue Service on underpayments of tax than the rate the
government pays to them for overpayments. Currently, individual
taxpayers enjoy an equal interest rate for overpayments and
underpayments. Corporations, however, must pay as much as a 4.5
percentage points more in interest on underpayments than they receive
on overpayments. The bill would equalize these amounts at a rate of the
short-term Applicable Federal Rate plus three percentage points.
The second business provision would clean up a complex inequity that
was only partially addressed by the Internal Revenue Service
Restructuring and Reform Act of 1998. That Act established a net
interest rate of zero where interest is payable and allowable on
equivalent amounts of overpayment and underpayment that exist for any
tax period. However, that provision fell short of providing the
simplicity and fairness needed by taxpayers. Therefore, my bill would
extend the concept of global interest netting to all periods and would
make the change retroactive as if enacted in the 1998 Act.
The final business provision included in TEAM-I would simplify the
accounting for purchases of software by business taxpayers by allowing
them to immediately expense the first $20,000 per year instead of
capitalizing the cost and depreciating it over three years, as under
current law. Having to depreciate relatively small software programs,
which are often obsolete well before three years, is costly and
complex.
miscellaneous simplification provisions
Mr. President, the bill I introduce today includes a number of
smaller but very important simplification provisions designed to ease
the tax lives of all taxpayers. Many of these are similar or identical
to provisions recently passed by the House in the Taxpayer Bill of
Rights 2000 legislation. Other provisions are based on concepts
recently suggested to Congress by Mr. Val Oveson, the National Taxpayer
Advocate. One of the National Taxpayer Advocate's duties is to
recommend to Congress what legislative changes are needed to improve
the tax code and make it simpler and easier to administer. Last year,
Mr. Oveson presented 53 separate recommendations for legislative
improvement in the tax area. My bill incorporates more than a dozen of
the most critical of these recommendations.
Also included in the bill are several other tax simplification
measures, suggested by a variety of sources. One of these is S. 1952, a
bill introduced last year by Senator Abraham that would simplify the
taxation of investors who participate in small investment clubs. Also
included is the text of S. 670, a bill introduced last year by Senators
Jeffords and Dodd that would simplify the tax rules for foster care
payments. This provision was also included in last year's large tax
bill that was vetoed by President Clinton.
Another provision in the bill would help taxpayers who are former
foster parents by providing that if those parent provide over one-half
of the support of a foster child beyond the age where the state pays
the expenses, they can claim the former foster child as a dependent,
just as they could for their own child.
Mr. President, I have also included in TEAM-I another simplification
provision, suggested by the Clinton Administration in its fiscal year
2001 budget, which would both simplify the law and remove a
disincentive to young people working and saving for their future. Under
current law, young people who can be claimed as dependents on their
parents tax returns must file a return and pay income tax if they have
over $250 of income from savings if their earnings from working plus
that income from savings exceeds $700. My bill would increase the
allowed amount of earnings from savings from $250 to $1,000 before a
return or tax is required.
The bill I am introducing today also includes a provision added as a
floor amendment to S. 1134, The Affordable Education Act, by Senator
Collins, myself, and several others. This provision would allow
elementary and secondary school teachers to deduct the cost of their
professional development expenses without regard to the current-law 2-
percent of adjusted gross income floor. This adds a small measure of
both simplicity and fairness to the tax code.
Mr. President, the bill I am introducing is far from perfect. It
represents
[[Page S4477]]
only a relatively small down payment on tax simplification in just a
few areas of the Internal Revenue Code. However, I hope that its
introduction will lay down a marker for tax simplification that will
evoke further discussion and suggestions from interested groups and
action toward simplification by my colleagues on the Finance Committee.
I welcome comments on how this bill can be improved and what other tax
simplification items should be considered in the future of this effort.
One thing I have learned in my study about the problems of our
current tax system and ways to improve it is that simplification is far
from simple. Some of the most complex portions of the Internal Revenue
Code can be easily and reasonably be simplified by their repeal. Others
parts, such as the Earned Income Tax Credit, should not be repealed but
improved. Doing so, however, can be most difficult.
Moreover, Mr. President, simplification often comes at a cost of lost
revenue. While I have not yet received an estimate of the revenue
effect of this bill from the Joint Committee on Taxation, it seems
clear that the numbers will be high. However, I have concluded that one
of the best ways we can spend the projected surplus is on tax
simplification. I like to think of it as tax relief for all taxpayers
through simplification. Additionally, I believe that simplification
should not create winners and losers. To the extent possible in my
bill, I have tried to leave all taxpayers at least as well off as under
current law. This, however, is also costly in terms of lost revenue.
While it is unclear whether Congress can pass, or whether the
President will sign, major tax simplification legislation in this
election year, I believe these issues are of such importance that we
should not wait to embark on a major debate about them. I hope my
colleagues in the Senate and House will join in the discussion, as well
as taxpayer advocacy groups, businesses, and other stakeholders
throughout the nation.
______
By Mr. STEVENS (for himself and Mr. Inouye):
S. 2643. A bill to amend the Foreign Assistance Act of 1961 to
provide increased foreign assistance for tuberculosis prevention,
treatment, and control; to the Committee on Foreign Relations.
stop tb now act of 2000
Mr. STEVENS. Mr. President, today my friend the senior Senator from
Hawaii, Senator Inouye, and I are introducing the Stop TB Now Act.
This bill would amend the Foreign Assistance Act of 1961 to authorize
one hundred million dollars in each of fiscal years 2001 and 2002 to
fight tuberculosis. Each year, eight million people develop active
tuberculosis. One and one-half million of those that develop active
tuberculosis will die from that disease alone. One person can infect 10
to 15 people in a year.
The global economy and its mobile work force makes the world a
smaller place. No country is immune from the reach of this highly
contagious disease. In 1999, the United States had almost 18,000 active
TB cases. That comes to 6.4 per 100,000 people. According to the
Centers for Disease Control, Alaska was ranked fourth in per capita
cases of active tuberculosis in 1999. Hawaii has been number one since
at least 1997.
This bill has two components. A treatment strategy and the goal of
arresting the rise of more dangerous strains of tuberculosis. The World
Health Organization has developed directly observed treatment, short-
course, referred to by its acronym DOTS. DOTS is a community-based
treatment strategy. It uses standardized short course chemotherapy for
6 to 8 months, with direct observation of TB patients. Strict adherence
to a drug regime is really the only way to successfully treat TB.
Participation at the local level can perpetuate a culture of vigilance
against this and other public health threats. Ineffective treatment
strategies in the past have led to the emergency of multi-drug
resistant tuberculosis, known as MDR-TB.
MDR-TB are strains that are resistant to one or both of the two most
effective existing TB drugs. Drugs to treat MDR-TB are at least 100
times more expensive than traditional TB drugs.
This is a staggering cost. Even in our country where the medical
community can readily identify and treat MDR-TB, half the patients
still die. These are patients using MDR-TB drugs. According to the
World Health Organization, in another 3 to 5 years, without a
comprehensive prevention and treatment strategy, drug resistant strains
of TB will be the dominant form of the disease. Time is of the essence.
In my own State of Alaska, we are concerned about the dramatic
increase in MDR-TB in the Russian Far East. That region has enormous
trade potential for the State. Our native peoples also travel there on
cultural exchanges. Tuberculosis has been called the poor man's
disease. Perhaps from our perspective it was once considered a poor
country's disease. This is not the case and we cannot ignore the global
reach of this disease and its new variants.
I know many of my colleagues on both sides of the aisle are concerned
about tuberculosis, as well as its association with the AIDS epidemic.
I urge my colleagues to join Senator Inouye and myself in sponsoring
this legislation. It is my hope Congress will act to address this
threat this year.
______
By Mr. GORTON (for himself, Mrs. Murray, Mr. Santorum, Ms.
Mikulski, Mr. Stevens, Mr. Cochran, and Mr. L. Chafee):
S. 2644. A bill to amend title XVIII of the Social Security Act to
expand Medicare coverage of certain self-injected biologicals; to the
Committee on Finance.
the access to innovation for medicare patients act of 2000
Mr. GORTON. Mr. President, we know the Medicare program has not kept
pace with advances in medical care and changing technology, whether
through access to new medical devices or to prescription drugs.
Sometimes seniors do not have access to the most advanced care. That
needs to change. Some issues, like adding a prescription drug benefit,
required broad reform of the program and an influx of new money to pay
for the changes. But there are some common sense changes that can be
made today could enhance access to life-saving therapies for seniors,
particularly those living in rural areas, and potentially save Medicare
dollars.
Medicare covers drugs that are administered in the hospital or in a
physician's office but will not cover self-injectable drugs or
biologics to treat the same disease, notwithstanding the fact that the
latter may be superior in terms of efficacy and safety and less
expensive. This outdated policy creates a perverse incentive for drug
companies to develop drugs that can only be administered by I.V. in a
hospital or other acute setting. Those companies that ignore Medicare's
coverage policy and develop their products so that they are patient-
friendly are penalized, as are the patients who need these products.
The end result is often higher costs to the Medicare program, lack of
beneficiary access to the best therapies, and treatment delivery
problems for beneficiaries in rural areas who may not be in a position
to travel to a hospital to receive regular treatments.
Patients suffering from rheumatoid arthritis (RA) are particularly
victimized by this coverage policy. RA is a devastating chronic
disease. As the disease progresses, sufferers move from self-
sufficiency to total disability. The pain in most cases is
excruciating. Like all patients with a chronic disease, RA patients
face extraordinary out of pocket costs. However, Medicare beneficiaries
with RA face a unique set of costs.
One of the most promising breakthroughs for the treatment of RA is a
self-injected biologic developed through recombinant DNA technology. It
already has been proven to prevent and reverse disability caused by RA,
as well as dramatically reduce pain and avoid costly surgery. For many
RA sufferers with private insurance or on Medicaid, it has meant the
difference between being confined to a wheelchair and walking--and even
returning to the workforce!
Since it is self-injected, it is not covered by Medicare. Yet,
Medicare will cover another therapy which happens to be delivered
intravenously, simply because it is administered (via I.V.) in a
hospital. In doing so, Medicare ends
[[Page S4478]]
up spending more money when one factors in the costs of services and
ancillary drugs associated with administration of this covered therapy.
Just as important, the current policy denies beneficiaries access to a
therapy that has been proven to be more effective, less toxic, and much
easier to administer. This anomaly in Medicare's existing drug coverage
policy is rooted in 1960's medicine, before the advent of biotechnology
and the development of patient-friendly therapies.
Fortunately, there is a simple, budget-neutral way to help seniors
who are dependent on Medicare. The Access to Innovation for Medicare
Patients Act of 2000, which I will introduce today, along with Senators
Murray, Mikulski, Santorum, Chafee, and Cochran would change Medicare's
current drug coverage policy to allow coverage for self-injected
biologics that are prescribed in lieu of an intravenous or physician-
administered therapy. It would provide individuals suffering from
rheumatoid arthritis, multiple sclerosis, hepatitis C, and deep vein
thrombosis access to the latest, most promising biotechnology
therapies.
This is a modest, common sense change that can and should be
accomplished this year regardless of what may happen on comprehensive
Medicare reform. If we do enact a Medicare drug benefit this year, this
bill should be a part of that. Failure to do so would institutionalize
a coverage gap that denies seniors access to breakthrough technology
and the best care our medical system provides to everyone else with
private health coverage.
According to a budget impact analysis by the Lewin Group, this
legislation would not cost the Medicare program money and actually
could save approximately $2 million per year. This is a compassionate,
common-sense improvement we can make this year to improve the Medicare
program for seniors. I hope my colleagues will join me in cosponsoring
this bill.
Mrs. MURRAY. Mr. President, I rise today in support of the Access to
Innovation for Medicare Patients Act of 2000 and to thank my fellow
colleague from Washington state, Senator Gorton, for his work on this
important legislation. The Access to Innovation for Medicare Patients
Act is critical for Medicare beneficiaries who suffer from chronic and
debilitating diseases such as rheumatoid arthritis and multiple
sclerosis.
As many of you know, rheumatoid arthritis and multiple sclerosis most
often affect women. Until recently, few treatments existed. But
advances in biotechnology products have given hope to thousands of
individuals. Self-injectable biologic therapies have proven highly
effective in reducing the daily, chronic pain that accompanies these
devastating diseases. Patients have reported amazing results from self-
injectable biologic therapies such as Enbrel in clinical trials.
However, before the Access to Innovation for Medicare Patients Act,
no legislation existed that addressed adequate Medicare coverage of
these therapies. Currently, Medicare only covers physician-administered
therapies and most Medicare prescription drug coverage proposals do not
address this issue at all or they place restrictive coverage caps on
the use of self-injectable biologic therapies. Beneficiaries should not
be denied access to the most effective and convenient therapies for
their condition. Ultimately, coverage of self-injectable biologic
therapies could save Medicare money in reducing costly, prolonged
hospital stays and reducing the number of care provider visits. Most
importantly, this legislation will improve the lives of Medicare
beneficiaries who suffer from these diseases. Congress must ensure that
seniors and the disabled receive the best possible medical treatment
and therapies through the Medicare program.
Finally, on a more personal note, my family has had first-hand
experience with the constant pain and frustration caused by multiple
sclerosis. My father suffered from this devastating disease, and I
witnessed his daily fight to overcome the pain that accompanied it. I
know that self-injectable biologic therapy may have made his fight much
easier. We cannot allow Medicare beneficiaries to suffer from
preventable, overwhelming pain.
In the past, we worked to eliminate barriers to care and research.
Today, we seek to tear down Medicare's barriers to self-injectable
biologic therapies. Seniors and the disabled should not be denied these
life-saving, treatments simply because they are self-injected.
Therefore, I rise today to join my colleagues, Senators Gorton,
Mikulski, Cochran, Stevens, and Chafee in introducing the Access to
Innovation for Medicare Patients Act. This legislation would: provide
access to innovative therapies that are now on the market and making
enormous improvements in the life and care of Medicare beneficiaries;
allow physicians to prescribe the most appropriate therapy for their
patients; make a common-sense, responsible change in Medicare; and
eliminate the current bias against biotechnology therapies inherent in
the Medicare program and many of the prescription drug proposals.
I urge all of my colleagues to join me in supporting this
legislation.
______
By Mr. KYL (for himself and Mr. Domenici):
S. 2665. A bill to establish a streamlined process to enable the
Navajo Nation to lease trust lands without having to obtain the
approval of the Secretary of the Interior of individual leases, except
leases for exploration, development, or extraction of any mineral
resources; to the Committee on Indian Affairs.
navajo nation trust land leasing act of 2000
Mr. KYL. Mr. President, I rise today with my colleague, Senator
Domenici, to introduce the Navajo Nation Trust Land Leasing Act of
2000, a bill to establish a streamlined process for the Navajo Nation
to lease trust lands without having to obtain the approval of the
Secretary of the Interior. This new authority would apply to individual
leases, except leases for exploration, development, or extraction of
any mineral resources.
Mr. President, the current leasing process simply does not work very
well. It can be cumbersome, and, because of the need to obtain approval
from both the Nation and the Interior Department, the process can be
lengthy. That can discourage many businesses from even considering
locating the Navajo Reservation.
The fact is, there is no longer a need for the Secretary to be
involved in routine leasing decisions that can and should be made by
the Nation itself.
The changes proposed in this bill are intended to speed up the
process for issuing leases by at least 50 percent, create predictable
procedures for leasing trust land, and create incentives for businesses
to open and operate in the Navajo Nation. It would help improve the
management of tribal property, and promote economic development within
the 100 Chapters of the Navajo Nation.
The need to create jobs and diversify the Reservation economy are
clear. A December 1998 report by the Navajo Nation Division of Economic
Development reported that the unemployment rate for the Nation was 43.3
percent, up 15.5 percent from 1990. An estimated 56 percent of Navajo
families live below the poverty level, with a per capita annual income
of just $5,759.
The lack of employment opportunities, low industrialization, slow
development, insufficient infrastructure, weak economy, and difficulty
in obtaining homesites and housing are causing many Navajo people to
relocate to urban areas.
The Navajo Nation is looking for ways to reform its regulations to
make it easier to attract and retain new businesses, and to create jobs
that will improve the standard of living of Navajo people. The reforms
in the Navajo National Trust Land Leasing Act will give the Nation some
of the tools it needs to succeed in that regard.
Mr. President, the bill incorporates suggestions made by both the
Navajo Nation and the Department of the Interior. There is one
provision, though, that I will ask the Nation and the Department to
review and provide further input. That is paragraph three of the
proposed new Section 415(e) of title 25 of the U.S. Code.
As introduced, the bill gives the Secretary of the Interior the
authority to approve or disapprove the Navajo Nation regulations under
which the tribe will subsequently consider and approve leases of trust
land. The Nation understandably wants to ensure that the Secretary acts
promptly on the regulations once they are submitted. We do
[[Page S4479]]
not intend that the Secretary should be able to veto the regulations
through inaction.
One way to address that concern is through the imposition of some
time limit for Secretarial review--maybe 30 days. Another way might be
to establish criteria in the law for the Secretary to use in reviewing
the Nation's regulations. That approach would give the Secretary some
guidance as to how the regulations should be assessed. It would also
give the Navajo Nation some assurance that objective criteria will
guide the Secretary's action. If the regulations meet the criteria, the
Secretary's ability to disapprove them would be limited.
As I said, I will be asking both the Interior Department and the
Nation for their further recommendations about these various
approaches. The bill language on Secretarial approval or disapproval
should, therefore, be considered open to change.
I ask unanimous consent that the text of the bill be printed in the
Record at the conclusion of my remarks, and I look forward to early
action on the legislation:
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2665
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Navajo Nation Trust Land
Leasing Act of 2000''.
SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.
(a) Findings.--Recognizing the special relationship between
the United States and the Navajo nation and its members, and
the Federal responsibility to the Navajo people, Congress
finds that--
(1) the third clause of section 8, Article I of the United
States Constitution provides that ``The Congress shall have
Power...to regulate Commerce...with Indian tribes'', and,
through this and other constitutional authority, Congress has
plenary power over Indian affairs;
(2) Congress, through statutes, treaties, and the general
course of dealing with Indian tribes, has assumed the
responsibility for the protection and preservation of Indian
tribes and their resources;
(3) the United States has a trust obligation to guard and
preserve the sovereignty of Indian tribes in order to foster
strong tribal governments, Indian self-determination, and
economic self-sufficiency;
(4) pursuant to the first section of the Act of August 9,
1955 (25 U.S.C. 415), Congress conferred upon the Secretary
of the Interior the power to promulgate regulations governing
tribal leases and to approve tribal leases for tribes
according to regulations promulgated by the Secretary;
(5) the Secretary of the Interior has promulgated the
regulations described in paragraph (4) at part 162 of title
25, Code of Federal Regulations;
(6) the requirement that the Secretary approve leases for
the development of Navajo trust lands has added a level of
review and regulation that does not apply to the development
of non-Indian land; and
(7) in the global economy of the 21st Century, it is
crucial that individual leases of Navajo trust lands not be
subject to Secretarial approval and that the Navajo Nation be
able to make immediate decisions over the use of Navajo trust
lands.
(b) Purposes.--The purposes of this Act are as follows:
(1) To establish a streamlined process for the Navajo
Nation to lease trust lands without having to obtain the
approval of the Secretary of the Interior of individual
leases, except leases for exploration, development, or
extraction of any mineral resources.
(2) To authorize the Navajo nation, pursuant to tribal
regulations, which must be approved by the Secretary, to
lease Navajo trust lands without the approval of the
Secretary of the Interior of the individual leases, except
leases for exploration, development, or extraction of any
mineral resources.
(3) To revitalize the distressed Navajo Reservation by
promoting political self-determination, and encouraging
economic self-sufficiency, including economic development
that increases productivity and the standard of living for
members of the Navajo Nation.
(4) To maintain, strengthen, and protect the Navajo
Nation's leasing power over Navajo trust lands.
(c) Definitions.--In this section:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)).
(2) Navajo nation.--The term ``Navajo Nation'' means the
Navajo Nation government that is in existence on the date of
enactment of this Act.
(3) Tribal regulations.--The term ``tribal regulations''
means the Navajo Nation regulations as enacted by the Navajo
Nation Council or its standing committees and approved by the
Secretary.
SEC. 3. LEASE OF RESTRICTED LANDS FOR THE NAVAJO NATION.
The first section of the Act of August 9, 1955 (25 U.S.C.
415) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period and inserting
a semicolon; and
(C) by adding at the end the following:
``(3) the term `individually owned Navajo Indian allotted
lands' means Navajo Indian allotted land that is owned by 1
or more individuals located within the Navajo Nation;
``(4) the term `Navajo Nation' means the Navajo Nation
government that is in existence on the date of enactment of
this Act;
``(5) the term `Secretary' means the Secretary of the
Interior; and
``(6) the term `tribal regulations' means the Navajo Nation
regulations as enacted by the Navajo Nation Council or its
standing committees and approved by the Secretary.''; and
(2) by adding at the end the following:
``(e)(1) Any leases by the Navajo Nation for purposes
authorized under subsection (a), except a lease for the
exploration, development, or extraction of any mineral
resources, shall not require the approval of the Secretary if
the term of the lease does not exceed 75 years (including
options to renew), and the lease is executed under tribal
regulations that are approved by the Secretary under this
subsection.
``(2) Paragraph (1) shall not apply to individually owned
Navajo Indian allotted land located within the Navajo Nation.
``(3) The Secretary shall have the authority to approve or
disapprove tribal regulations required under paragraph (1).
The Secretary shall not have approval authority over
individual leases of Navajo trust lands, except for the
exploration, development, or extraction of any mineral
resources. The Secretary shall perform the duties of the
Secretary under this subsection in the best interest of the
Navajo Nation.
``(4) If the Navajo Nation has executed a lease pursuant to
tribal regulations required under paragraph (1), the United
states shall not be liable for losses sustained by any party
to such lease, including the Navajo Nation, except that--
``(A) the Secretary shall continue to have a trust
obligation to ensure that the rights of the Navajo Nation are
protected in the event of a violation of the terms of any
lease by any other party to such lease, including the right
to cancel the lease if requested by the Navajo Nation; and
``(B) nothing in this subsection shall be construed to
absolve the United States from any responsibility to the
Navajo Nation, including responsibilities that derive from
the trust relationship and from any treaties, Executive
Orders, or agreements between the United States and the
Navajo Nation, except as otherwise specifically provided in
this subsection.''.
Mr. DOMENICI. Mr. President, I am pleased to join Senator Kyl today
in introducing a bill to remove a major impediment to business
development on the Navajo Nation. Our bill will accelerate the long and
arduous process now in place for obtaining a business site lease on the
Navajo Nation. For years I have heard case after case of large and
small businesses waiting from two years to four years, and longer, for
such a lease. Delays occur in both the tribal and the Bureau of Indian
Affairs (BIA) lease approval processes.
This dual process exists as a direct result of the U.S. Government's
trust responsibility for Indian reservation lands. In study after study
for the past three decades, the tediously slow and cumbersome land
leasing process on the Navajo Nation has been identified as a major
obstacle to attracting new private business ventures.
In our search for ways to encourage more private enterprise for
Navajos, I encouraged and sponsored the Navajo Economic Summit in
Tohatchi, New Mexico in 1987. Again, many of our key speakers from the
business world reminded us that the Navajo Nation itself, and its
protective federal agency, the BIA, needed to find a better way to make
land available for private enterprises.
Along another avenue of encouraging businesses to go to, or expand on
the Navajo Nation, I cosponsored legislation by Senators Inouye and
McCain that was incorporated into the Omnibus Budget Reconciliation Act
of 1993. In Sections 13321 and 13322 of that Act, we were able to enact
generous wage tax credits and accelerated depreciation for businesses
that chose to locate or expand on America's Indian reservations.
Despite the availability of a wage tax credit for every eligible Indian
hired, many businesses still viewed the complexity of Indian courts and
land allocation methods as comparable third world nations.
Business has not flocked to the Navajo Nation, although many tribes
around the country have taken advantage of this wage tax credit. Our
incentives allow a direct credit off-taxes
[[Page S4480]]
owed at the rate of 20 percent of the first $20,000 paid in wages and
health insurance for every Indian hired. In addition, all investments
from infrastructure to computers were given accelerated depreciation
rates, about one-third faster than non-reservation investments.
The Navajo Nation is our Nation's largest Indian reservation in both
area and population. About 200,000 Navajos live on a reservation that
straddles four States and is slightly larger than the entire state of
West Virginia. Unfortunately, the poverty rate is high, unemployment
hovers around 40 percent year after year, and private sector jobs are
all too rare. Sadly, the time lag for obtaining a new land lease also
remains painstakingly slow.
I commend Navajo President Kelsey Begaye for his interest in
encouraging a better system for making land available for businesses
and other purposes. Although other incentives like access to State and
Federal courts will still be needed, a faster land lease will go a long
way to encourage more business activity.
Our bill will establish a streamlined process for the Navajo Nation
to lease trust lands without having to obtain the approval of the
Interior for individual leases. The exception is exploration,
development, or extraction of any mineral resources. These types of
leases will still require Secretarial approval.
The Secretary of Interior would be required to approve the
regulations adopted by the Navajo Nation to implement this new leasing
authority. Once approved, the Navajo Nation would have regulatory
authority to finalize land leases that do not exceed 75 years. They
will be able to do this without having to be second guessed by the BIA
in a follow-up process that always adds months, and sometimes years, to
the process.
The trust obligation of the Secretary of Interior would remain in
place. The Navajo Nation, would, in effect, be acting as an agent of
the Secretary. By eliminating the need for Secretarial (BIA) review of
its land leasing decisions, however, our legislation will allow a more
efficient land leasing system to be put in place.
I am confident that President Begaye's Administration will work hard
to reduce the time the Navajo Nation itself now takes to issue a lease.
Without the follow-up review by the BIA, the potential business
applicant will be able to open up months sooner.
Rather than getting caught in a blame game, a new lease applicant
will be able to focus on a single process for obtaining a land lease,
and the Navajo Nation will be the responsible party for delays. Again,
I admire the courage of President Begaye's Administration for its
willingness to accept this responsibility and to encourage more private
sector business activity on the largest Indian reservation in our
country.
I believe this initiative will encourage the Navajo Nation to be more
business friendly. I urge my colleagues to join us in allowing the
Navajo Nation to fully accept the responsibility for creating a single
track land leasing system in place of the dual system now required.
______
By Mr. REID:
S. 2666. A bill to secure the Federal voting rights of persons who
have fully served their sentences, including parole and probation, and
for other purposes; to the Committee on the Judiciary.
civic participation act of 2000
Mr. REID. Mr. President. I rise today to introduce the Civic
Participation Act of 2000. This legislation would guarantee that
individuals who have fully served their sentences have the right to
vote in Federal elections.
The right to vote in a democracy is the most basic act of
citizenship. It is a right that may not be abridged or denied by the
United States, or any State, on account of race, color, gender or
previous condition of servitude. This fundamental right is truly the
most glaring example of a free society.
I can't help but think of Nelson Mandela's perspective on the right
to vote. One would think that the most significant day in Mr. Mandela's
life would have been the day he walked out of a South African prison
after more than 27 years behind bars. Or perhaps, it might be the day
he assumed the Presidency of post-apartheid South Africa. In fact, Mr.
Mandela has said that the most important day in his life was the day he
voted for the first time.
Mr. President, I am troubled that many people in this country are
denied the right to vote, even when any sentence of imprisonment,
parole or probation has been fully completed. Additionally, many
individuals who have fully served their sentences and wish to regain
their right to vote, must petition a pardon board, their State
Governors, or even, in some States, must obtain a Presidential pardon.
Few people have the financial or political resources needed to succeed
in such efforts.
Furthermore, the denial of suffrage disproportionately affects ethnic
minorities. Recent studies have indicated that an estimated thirteen
percent of adult African-American males are unable to vote as a result
of varying state disenfranchisement laws. This is even more troubling
when we consider that voter turnout, especially among America's youth,
is at a record low. As elected officials who have been given the
privilege to serve by our fellow Americans, we need to recognize that
the strength of a democracy depends upon the voluntary participation of
its citizens.
Mr. President, let me be clear. Criminal activity must be punished.
Stiff and appropriate sentences should be imposed upon those who
violate our laws. However, we should not be disenfranchising those
citizens who have fully completed their prescribed sentences,
especially when those citizens should be reintegrated into society and
our citizen-dependent democracy.
I want to make it perfectly clear that this legislation, in no way,
extends voting rights to prisoners. In fact, my colleagues in the
Senate know that I have led the fight in this body against frivolous
lawsuits filed by prisoners. Furthermore, this legislation does not
extend voting rights to persons on parole or probation. This
legislation simply states that anyone who has successfully, and
completely, served their entire sentence, including any parole and
probation, may not be denied the right to vote.
Finally, this legislation would apply only to Federal elections,
thereby protecting the rights of individual States to establish voting
procedures for State elections.
In conclusion, Mr. President, I want to reiterate that this
legislation is narrowly drafted to guarantee one of the most
fundamental rights of citizens of our democracy, and I urge my
colleagues to support this worthy endeavor.
______
By Mr. WARNER (for himself, Mr. Kennedy, Mr. Sarbanes, Mr.
Jeffords, Mr. Robb, and Mr. Leahy):
S. 2667. A bill to designate the Washington Opera in Washington,
D.C., as the National Opera; to the Committee on Governmental Affairs.
designating the washington opera in washington, d.c., as the national
opera
Mr. WARNER. Mr. President, I am pleased to introduce legislation
today with Senator Kennedy, Senator Sarbanes, Senator Jeffords, and
Senator Robb to designate the Washington Opera as the National Opera.
The Washington Opera has been an innovative leader in bringing to the
metropolitan Washington area exceptional performances since 1956. The
company has enjoyed tremendous success in the community over the years.
Since 1980, the company has grown from 16 performances of four operas
to 80 performances of eight operas for the 2000 season.
Mr. President, the purpose of this legislation is to recognize in our
nation's capital an opera of national significance. Let me be clear to
my colleagues that this legislation does not extend any Federal
responsibilities or obligation for funding to the Washington Opera. It
would not become part of any Federal activity. Today, the Washington
Opera enjoys a contractual relationship with the Kennedy Center for the
Performing Arts for use of its facilities. It is not affiliated with
the Kennedy Center in any way other than being named as the resident
opera company. This is an honorary designation, but there is no
financial support for the opera from the Kennedy Center.
The legislation is only intended as a means of recognition of opera
in our Nation's capital and its mission to bring to the nation a forum
to highlight our musical heritage. Under its
[[Page S4481]]
new name, the National Opera will bring contained performances of
American opera to the stage.
The history of the Washington Opera and its commitment to bringing
opera as an art form to the Washington area community is to be
commended. The Washington Opera's Education and Community Programs are
dedicated to educating future audiences and making the experience of
opera more available to residents of the region. Since 1992, over
150,000 students have participated in these programs. Today, there are
over 22 programs that provide performance experiences, curriculum
activities, in-school artist visits, professional development
opportunities for teachers and young artists, and other activities that
bring opera into our schools and communities.
Mr. President, with this national recognition comes the obligation
for the Washington Opera to undertake additional programs to serve a
larger national audience, expand community outreach for underprivileged
youth, and other missions that embody a larger national presence. I am
confident that the opera will enthusiastically accept this challenge.
I ask unanimous consent that the text of my legislation appear in the
Record following my statement.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2667
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DESIGNATION.
The Washington Opera, organized under the laws of the
District of Columbia, is designated as the ``National
Opera''.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document, paper,
or other record of the United States to the Washington Opera
referred to in section 1 shall be deemed to be a reference to
the ``National Opera''.
______
By Mr. GRAHAM (for himself and Mr. Smith of Oregon):
S. 2668. A bill to amend the Immigration and Nationality Act to
improve procedures for the adjustment of status of aliens, to reduce
the backlog of family-sponsored aliens, and for other purposes; to the
Committee on the Judiciary.
family, work and immigrant integration amendments of 2000
Mr. GRAHAM. Mr. President, I rise today to introduce
bipartisan immigration legislation that will have a tremendous impact
on thousands of families in the United States.
I am very pleased to be working with my colleague, Gordon Smith of
Oregon, on this effort.
There are several reasons for the introduction of this legislation.
1. It corrects past injustices.
Many of the immigrants helped by this legislation have been active,
productive, hard-working members of our community for many years.
For example, the majority of Central Americans helped by this
legislation have been in the United States since the early 1980s, when
they fled tyranny and turmoil in their home countries.
The were welcomed into our nation by President Ronald Reagan.
These Central American nationals were made retroactively deportable
by the 1996 immigration bill.
This legislation provides a state option to help legal immigrant
children get needed health care.
The 1996 welfare bill deprived vulnerable, legal children from
benefits.
This change is good public policy, from a health care perspective, an
immigration perspective and a humanitarian perspective.
2. It is pro-family.
This legislation will speed the process that reunites family members.
It has been over ten years since the limits on family immigration
were adjusted. This has resulted in waiting periods that could last
years to bring immediate family members together.
Spouses and children would have an easier time in obtaining visas to
visit their loved ones through this legislation.
In current practice, it is often very difficult to travel to visit
legal residents in the United States while their immigration documents
are pending--our legislation would ease the bureaucracy to allow
families to be together for the events that shape their lives.
3. It is pro-business.
Congress has focused this session on increasing the number of high-
tech workers for U.S. companies. I have long been supportive of that
proposal.
Protections are in place for U.S. workers, and American business has
the resources needed to keep our economy booming.
This legislation is pro-business in two ways.
It builds the pool of legal workers available by swifter family
reunification.
And it offers an avenue for those workers who are already here and
working to remain here.
They can stay here, and increase the productivity of our nation's
businesses, or they can leave and work for foreign competitors.
I want them to stay.
Alan Greenspan agrees.
He has said during a House Banking and Financial Services Committee
meeting in July of last year:
Aggregated demand is putting very significant pressures on
an ever-decreasing supply of unemployed labor. The one
obvious means that we can use to offset that is expanding the
number of people we allow in. . . . I think in reviewing our
immigration laws in the context of the type of economy which
we will be enjoying in the decade ahead is clearly on the
table. . . .
4. Its omnibus nature allows groups to work together toward a
common goal
All sides win in this equation.
Families. Children. Business. Our economy
By combining forces, groups that care about these issues can work
together toward a comprehensive, prudent, rational immigration policy.
These coalitions are already being built.
I would like to submit a letter from May 16, 2000 from Jack Kemp,
Henry Cisneros, and a wide range of business, religious, labor and
immigrant advocacy groups endorsing components of this legislation.
This is a wonderful example of groups at the national and local level
coalescing together around pro-family, pro-business, pro-justice
ideals.
Our current immigration debates have had the negative effect of
pitting one segment of our society against another, and pitting one
nationality against another.
In the past . . . the debate has been if businesses get more workers,
family reunification will suffer.
Nicaraguans and Cubans receive a swifter and more generous
immigration status than similarly situated Central American and
Caribbean nationals.
No one wins if these divides remain.
All of us win if we can work together and strengthen our nation by
correcting past injustices, reuniting families and providing American
businesses with the workers they desperately need.
I urge my colleagues to support this measure.
Since the bill covers many issues, I would like to submit a summary
of the legislation for the Record along with the test and a supporting
letter.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 2668
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family, Work and Immigrant
Integration Amendments of 2000''.
TITLE I--CENTRAL AMERICAN AND HAITIAN PARITY
SEC. 101. SHORT TITLE.
This title may be cited as the ``Central American and
Haitian Parity Act of 2000''.
SEC. 102. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS FROM EL
SALVADOR, GUATEMALA, HONDURAS, AND HAITI.
Section 202 of the Nicaraguan Adjustment and Central
American Relief Act is amended--
(1) in the section heading, by striking ``Nicaraguans and
Cubans'' and inserting ``Nicaraguans, Cubans, Salvadorans,
Guatemalans, Hondurans, and Haitians'';
(2) in subsection (a)(1)(A), by striking ``2000'' and
inserting ``2003'';
(3) in subsection (b)(1), by striking ``Nicaragua or Cuba''
and inserting ``Nicaragua, Cuba, El Salvador, Guatemala,
Honduras, or Haiti''; and
(4) in subsection (d)--
(A) in subparagraph (A), by striking ``Nicaragua or Cuba''
and inserting ``Nicaragua, Cuba, El Salvador, Guatamala,
Honduras, or Haiti; and
(B) in subparagraph (E), by striking ``2000'' and inserting
``2003''.
SEC. 103. APPLICATIONS PENDING UNDER AMENDMENTS MADE BY
SECTION 203 OF THE NICARAGUAN ADJUSTMENT AND
CENTRAL AMERICAN RELIEF ACT.
An application for relief properly filed by a national of
Guatemala or El Salvador under
[[Page S4482]]
the amendments made by section 203 of the Nicaraguan
Adjustment and Central American Relief Act which was filed on
or before the date of enactment of this Act, and on which a
final administrative determination has not been made, shall,
at the election of the applicant, be considered to be an
application for adjustment of status under the provisions of
section 202 of the Nicaraguan Adjustment and Central American
Relief Act, as amended by section 402 of this Act, upon the
payment of any fees, and in accordance with procedures, that
the Attorney General shall prescribe by regulation. The
Attorney General may not refund any fees paid in connection
with an application filed by a national of Guatemala or El
Salvador under the amendments made by section 203 of that
Act.
SEC. 104. APPLICATIONS PENDING UNDER THE HAITIAN REFUGEE
IMMIGRATION FAIRNESS ACT OF 1998.
An application for adjustment of status properly filed by a
national of Haiti under the Haitian Refugee Immigration
Fairness Act of 1998 which was filed on or before the date of
enactment of this Act, and on which a final administrative
determination has not been made, may be considered by the
Attorney General, in the unreviewable discretion of the
Attorney General, to also constitute an application for
adjustment of status under the provisions of section 202 of
the Nicaraguan Adjustment and Central American Relief Act, as
amended by section 402 of this Act.
SEC. 105. TECHNICAL AMENDMENTS TO THE NICARAGUAN ADJUSTMENT
AND CENTRAL AMERICAN RELIEF ACT.
(a) In General.--Section 202 of the Nicaraguan Adjustment
and Central American Relief Act is amended--
(1) in subsection (a)--
(A) by inserting before the period at the end of paragraph
(1)(B) the following: ``, and the Attorney General may, in
the unreviewable discretion of the Attorney General, waive
the grounds of inadmissibility specified in section 212(a)(1)
(A)(i) and (6)(C) of such Act for humanitarian purposes, to
assure family unity, or when it is otherwise in the public
interest'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) Inapplicability of certain provisions.--In
determining the eligibility of an alien described in
subsection (b) or (d) for either adjustment of status under
this section or other relief necessary to establish
eligibility for such adjustment, the provisions of section
241(a)(5) of the Immigration and Nationality Act shall not
apply. In addition, an alien who would otherwise be
inadmissible pursuant to section 212(a)(9) (A) or (C) of such
Act may apply for the Attorney General's consent to reapply
for admission without regard to the requirement that the
consent be granted prior to the date of the alien's
reembarkation at a place outside the United States or attempt
to be admitted from foreign contiguous territory, in order to
qualify for the exception to those grounds of inadmissibility
set forth in section 212(a)(9) (A)(iii) and (C)(ii) of such
Act.''; and
(D) by amending paragraph (3) (as redesignated by
subparagraph (B)) to read as follows:
``(3) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, or removed, or ordered to depart
voluntarily from the United States under any provision of the
Immigration and Nationality Act may, notwithstanding such
order, apply for adjustment of status under paragraph (1).
Such an alien may not be required, as a condition of
submitting or granting such application, to file a separate
motion to reopen, reconsider, or vacate such order. Such an
alien may be required to seek a stay of such an order in
accordance with subsection (c) to prevent the execution of
that order pending the adjudication of the application for
adjustment of status. If the Attorney General denies a stay
of a final order of exclusion, deportation, or removal, or if
the Attorney General renders a final administrative
determination to deny the application for adjustment of
status, the order shall be effective and enforceable to the
same extent as if the application had not been made. If the
Attorney General grants the application for adjustment of
status, the Attorney General shall cancel the order.'';
(2) in subsection (b)(1), by adding at the end the
following: ``Subsection (a) shall not apply to an alien
lawfully admitted for permanent residence, unless the alien
is applying for relief under that subsection in deportation
or removal proceedings.'';
(3) in subsection (c)(1), by adding at the end the
following: ``Nothing in this Act requires the Attorney
General to stay the removal of an alien who is ineligible for
adjustment of status under this Act.'';
(4) in subsection (d)--
(A) by amending the subsection heading to read as follows:
``Spouses, Children, and Unmarried Sons and Daughters.--'';
(B) by amending the heading of paragraph (1) to read as
follows: ``Adjustment of status.--'';
(C) by amending paragraph (1)(A) to read as follows:
``(A) the alien entered the United States on or before the
date of enactment of the Central American and Haitian Parity
Act of 1999;'';
(D) in paragraph (1)(B), by striking ``except that in the
case of'' and inserting the following: ``except that--
``(i) in the case of such a spouse, stepchild, or unmarried
stepson or stepdaughter, the qualifying marriage was entered
into before the date of enactment of the Central American and
Haitian Parity Act of 1999; and
``(ii) in the case of''; and
(E) by adding at the end the following new paragraph:
``(3) Eligibility of certain spouses and children for
issuance of immigrant visas.--
``(A) In general.--In accordance with regulations to be
promulgated by the Attorney General and the Secretary of
State, upon approval of an application for adjustment of
status to that of an alien lawfully admitted for permanent
residence under subsection (a), an alien who is the spouse or
child of the alien being granted such status may be issued a
visa for admission to the United States as an immigrant
following to join the principal applicant, if the spouse or
child--
``(i) meets the requirements in paragraphs (1) (B) and (1)
(D); and
``(ii) applies for such a visa within a time period to be
established by such regulations.
``(B) Retention of fees for processing applications.--The
Secretary of State may retain fees to recover the cost of
immigrant visa application processing and issuance for
certain spouses and children of aliens whose applications
for adjustment of status under subsection (a) have been
approved. Such fees--
``(i) shall be deposited as an offsetting collection to any
Department of State appropriation to recover the cost of such
processing and issuance; and
``(ii) shall be available until expended for the same
purposes of such appropriation to support consular
activities.'';
(5) in subsection (g), by inserting ``, or an immigrant
classification,'' after ``for permanent residence''; and
(6) by adding at the end the following new subsection:
``(i) Statutory Construction.--Nothing in this section
authorizes any alien to apply for admission to, be admitted
to, be paroled into, or otherwise lawfully return to the
United States, to apply for, or to pursue an application for
adjustment of status under this section without the express
authorization of the Attorney General.''.
(b) Effective Date.--The amendments made by paragraphs
(1)(D), (2), and (6) shall be effective as if included in the
enactment of the Nicaraguan and Central American Relief Act.
The amendments made by paragraphs (1) (A)-(C), (3), (4), and
(5) shall take effect on the date of enactment of this Act.
SEC. 106. TECHNICAL AMENDMENTS TO THE HAITIAN REFUGEE
IMMIGRATION FAIRNESS ACT OF 1998.
(a) In General.--Section 902 of the Haitian Refugee
Immigration Fairness Act of 1998 is amended--
(1) in subsection (a)--
(A) by inserting before the period at the end of paragraph
(1)(B) the following: ``, and the Attorney General may waive
the grounds of inadmissibility specified in section 212(a)
(1)(A)(i) and (6)(C) of such Act for humanitarian purposes,
to assure family unity, or when it is otherwise in the public
interest'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) Inapplicability of certain provisions.--In
determining the eligibility of an alien described in
subsection (b) or (d) for either adjustment of status under
this section or other relief necessary to establish
eligibility for such adjustment, or for permission to reapply
for admission to the United States for the purpose of
adjustment of status under this section, the provisions of
section 241(a)(5) of the Immigration and Nationality Act
shall not apply. In addition, an alien who would otherwise be
inadmissible pursuant to section 212(a)(9) (A) or (C) of such
Act may apply for the Attorney General's consent to reapply
for admission without regard to the requirement that the
consent be granted prior to the date of the alien's
reembarkation at a place outside the United States or attempt
to be admitted from foreign contiguous territory, in order to
qualify for the exception to those grounds of inadmissibility
set forth in section 212(a)(9) (A)(iii) and (C)(ii) of such
Act.''; and
(D) by amending paragraph (3) (as redesignated by
subparagraph (B)) to read as follows:
``(3) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply
for adjustment of status under paragraph (1). Such an alien
may not be required, as a condition of submitting or granting
such application, to file a separate motion to reopen,
reconsider, or vacate such order. Such an alien may be
required to seek a stay of such an order in accordance with
subsection (c) to prevent the execution of that order pending
the adjudication of the application for adjustment of status.
If the Attorney General denies a stay of a final order of
exclusion, deportation, or removal, or if the Attorney
General renders a final administrative determination to deny
the application for adjustment of status, the order shall be
effective and enforceable to the same extent as if the
[[Page S4483]]
application had not been made. If the Attorney General grants
the application for adjustment of status, the Attorney
General shall cancel the order.'';
(2) in subsection (b)(1), by adding at the end the
following: ``Subsection (a) shall not apply to an alien
lawfully admitted for permanent residence, unless the alien
is applying for such relief under that subsection in
deportation or removal proceedings.'';
(3) in subsection (c)(1), by adding at the end the
following: ``Nothing in this Act shall require the Attorney
General to stay the removal of an alien who is ineligible for
adjustment of status under this Act.'';
(4) in subsection (d)--
(A) by amending the subsection heading to read as follows:
``Spouses, Children, and Unmarried Sons and Daughters.--'';
(B) by amending the heading of paragraph (1) to read as
follows: ``Adjustment of status.--'';
(C) by amending paragraph (1)(A), to read as follows:
``(A) the alien entered the United States on or before the
date of enactment of the Central American and Haitian Parity
Act of 1999;'';
(D) in paragraph (1)(B), by striking ``except that in the
case of'' and inserting the following: ``except that--
``(i) in the case of such a spouse, stepchild, or unmarried
stepson or stepdaughter, the qualifying marriage was entered
into before the date of enactment of the Central American and
Haitian Parity Act of 1999; and
``(ii) in the case of'';
(E) by adding at the end of paragraph (1) the following new
subparagraph:
``(E) the alien applies for such adjustment before April 3,
2003.''; and
(F) by adding at the end the following new paragraph:
``(3) Eligibility of certain spouses and children for
issuance of immigrant visas.--
``(A) In general.--In accordance with regulations to be
promulgated by the Attorney General and the Secretary of
State, upon approval of an application for adjustment of
status to that of an alien lawfully admitted for permanent
residence under subsection (a), an alien who is the spouse or
child of the alien being granted such status may be issued a
visa for admission to the United States as an immigrant
following to join the principal applicant, if the spouse or
child--
``(i) meets the requirements in paragraphs (1)(B) and
(1)(D); and
``(ii) applies for such a visa within a time period to be
established by such regulations.
``(B) Retention of fees for processing applications.--The
Secretary of State may retain fees to recover the cost of
immigrant visa application processing and issuance for
certain spouses and children of aliens whose applications for
adjustment of status under subsection (a) have been approved.
Such fees--
``(i) shall be deposited as an offsetting collection to any
Department of State appropriation to recover the cost of such
processing and issuance; and
``(ii) shall be available until expended for the same
purposes of such appropriation to support consular
activities.'';
(5) in subsection (g), by inserting ``, or an immigrant
classification,'' after ``for permanent residence'';
(6) by redesignating subsections (i), (j), and (k) as
subsections (j), (k), and (l), respectively; and
(7) by inserting after subsection (h) the following new
subsection:
``(i) Statutory Construction.--Nothing in this section
authorizes any alien to apply for admission to, be admitted
to, be paroled into, or otherwise lawfully return to the
United States, to apply for, or to pursue an application for
adjustment of status under this section without the express
authorization of the Attorney General.''.
(b) Effective Date.--The amendments made by paragraphs
(1)(D), (2), and (6) shall be effective as if included in the
enactment of the Haitian Refugee Immigration Fairness Act of
1998. The amendments made by paragraphs (1) (A)-(C), (3),
(4), and (5) shall take effect on the date of enactment of
this Act.
SEC. 107. MOTIONS TO REOPEN.
(a) Nationals of Haiti.--Notwithstanding any time and
number limitations imposed by law on motions to reopen, a
national of Haiti who, on the date of enactment of this Act,
has a final administrative denial of an application for
adjustment of status under the Haitian Refugee Immigration
Fairness Act of 1998, and is made eligible for adjustment of
status under that Act by the amendments made by this title,
may file one motion to reopen an exclusion, deportation, or
removal proceeding to have the application reconsidered. Any
such motion shall be filed within 180 days of the date of
enactment of this Act. The scope of any proceeding reopened
on this basis shall be limited to a determination of the
alien's eligibility for adjustment of status under the
Haitian Refugee Immigration Fairness Act of 1998.
(b) Nationals of Cuba.--Notwithstanding any time and number
limitations imposed by law on motions to reopen, a national
of Cuba or Nicaragua who, on the date of enactment of the
Act, has a final administrative denial of an application for
adjustment of status under the Nicaraguan Adjustment and
Central American Relief Act, and who is made eligible for
adjustment of status under that Act by the amendments made by
this title, may file one motion to reopen an exclusion,
deportation, or removal proceeding to have the application
reconsidered. Any such motion shall be filed within 180 days
of the date of enactment of this Act. The scope of any
proceeding reopened on this basis shall be limited to a
determination of the alien's eligibility for adjustment of
status under the Nicaraguan Adjustment and Central American
Relief Act.
TITLE II--FILING DEADLINES FOR ADJUSTMENT OF STATUS OF CERTAIN CUBAN,
NICARAGUAN, AND HAITIAN NATIONALS
SEC. 201. EXTENSION OF FILING DEADLINES FOR APPLICATIONS FOR
ADJUSTMENT OF STATUS OF CERTAIN CUBAN,
NICARAGUAN, AND HAITIAN NATIONALS.
(a) Nicaraguan Adjustment and Central American Relief
Act.--Notwithstanding the expiration of the application
filing deadline in section 202(a)(1) of the Nicaraguan
Adjustment and Central American Relief Act (as contained in
Public Law 105-100; 8 U.S.C. 1255 note), a Cuban or
Nicaraguan national who is otherwise eligible for adjustment
of status under that section may apply for that status
through the date that is one year after the date of
promulgation by the Attorney General of final regulations for
the implementation of that section.
(b) Haitian Refugee Immigration Fairness Act.--
Notwithstanding the expiration of the application filing
deadline in section 902(a) of the Haitian Refugee Immigration
Fairness Act of 1998 (as added by section 101(h) of division
A of Public Law 105-277), a Haitian national who is otherwise
eligible for adjustment of status under that section may
apply for that status through the date that is one year after
the date of promulgation by the Attorney General of final
regulations for the implementation of that section.
TITLE III--LIBERIAN REFUGEE IMMIGRATION FAIRNESS
SEC. 301. SHORT TITLE.
This title may be referred to as the ``Liberian Refugee
Immigration Fairness Act of 2000''.
SEC. 302. ADJUSTMENT OF STATUS.
(a) Adjustment of Status.--
(1) In general.--
(A) Eligibility.--The Attorney General shall adjust the
status of an alien described in subsection (b) to that of an
alien lawfully admitted for permanent residence, if the
alien--
(i) applies for adjustment before April 1, 2004; and
(ii) is otherwise eligible to receive an immigrant visa and
is otherwise admissible to the United States for permanent
residence, except that, in determining such admissibility,
the grounds for inadmissibility specified in paragraphs (4),
(5), (6)(A), and (7)(A) of section 212(a) of the Immigration
and Nationality Act shall not apply.
(B) Ineligible aliens.--An alien shall not be eligible for
adjustment of status under this section if the Attorney
General finds that the alien has been convicted of--
(i) any aggravated felony (as defined in section 101(a)(43)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)); or
(ii) two or more crimes involving moral turpitude.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply
for adjustment of status under paragraph (1), if otherwise
qualified under that paragraph. Such an alien may not be
required, as a condition on submitting or granting such
application, to file a separate motion to reopen, reconsider,
or vacate such order. If the Attorney General grants the
application, the Attorney General shall cancel the order. If
the Attorney General makes a final decision to deny the
application, the order shall be effective and enforceable to
the same extent as if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided by subsection (a)
shall apply to any alien--
(A) who is--
(i) a national of Liberia; and
(ii) has been continuously present in the United States
from January 1, 1999, through the date of application under
subsection (a); or
(B) who is the spouse, child, or unmarried son or daughter
of an alien described in subparagraph (A).
(2) Determination of continuous physical presence.--For
purposes of establishing the period of continuous physical
presence referred to in paragraph (1), an alien shall not be
considered to have failed to maintain continuous physical
presence by reasons of an absence, or absences, from the
United States for any period or periods amounting in the
aggregate to not more than 180 days.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien who is subject to a final order of
deportation or removal or exclusion to seek a stay of such
order based on the filing of an application under subsection
(a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the
Attorney General shall not order an alien to be removed from
the United States if the alien is in exclusion, deportation,
or removal proceedings
[[Page S4484]]
under any provision of such Act and has applied for
adjustment of status under subsection (a), except where the
Attorney General has made a final determination to deny the
application.
(3) Work authorization.--The Attorney General may authorize
an alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States
during the pendency of such application and may provide the
alien with an ``employment authorized'' endorsement or other
appropriate document signifying authorization of employment,
except that, if such application is pending for a period
exceeding 180 days and has not been denied, the Attorney
General shall authorize such employment.
(d) Record of Permanent Residence.--Upon approval of an
alien's application for adjustment of status under subsection
(a), the Attorney General shall establish a record of the
alien's admission for permanent record as of the date of the
alien's arrival in the United States.
(e) Availability of Administrative Review.--The Attorney
General shall provide to applicants for adjustment of status
under subsection (a) the same right to, and procedures for,
administrative review as are provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(f) Limitation on Judicial Review.--A determination by the
Attorney General as to whether the status of any alien should
be adjusted under this section is final and shall not be
subject to review by any court.
(g) No Offset in Number of Visas Available.--Whenever an
alien is granted the status of having been lawfully admitted
for permanent residence pursuant to this section, the
Secretary of State shall not be required to reduce the number
of immigrant visas authorized to be issued under any
provision of the Immigration and Nationality Act.
(h) Application of Immigration and Nationality Act
Provisions.--Except as otherwise specifically provided in
this title, the definitions contained in the Immigration and
Nationality Act shall apply in the administration of this
section. Nothing contained in this title shall be held to
repeal, amend, alter, modify, effect, or restrict the powers,
duties, function, or authority of the Attorney General in the
administration and enforcement of such Act or any other law
relating to immigration, nationality, or naturalization. The
fact that an alien may be eligible to be granted the status
of having been lawfully admitted for permanent residence
under this section shall not preclude the alien from seeking
such status under any other provision of law for which the
alien may be eligible.
TITLE IV--INCREASED FLEXIBILITY IN EMPLOYMENT-BASED IMMIGRATION
SEC. __401. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO
EMPLOYMENT-BASED IMMIGRANTS.
(a) Special Rules.--Section 202(a) of the Immigration and
Nationality Act (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).''.
(b) Conforming Amendments.--
(1) Section 202(a)(2) of the Immigration and Nationality
Act (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) of the Immigration and Nationality
Act (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''.
(c) One-Time Protection Under Per Country Ceiling.--
Notwithstanding section 214(g)(4) of the Immigration and
Nationality Act, any alien who--
(1) 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
(2) is eligible to be granted that status but for
application of the per country limitations applicable to
immigrants under those paragraphs,
may apply for, and the Attorney General may grant, an
extension of such nonimmigrant status until the alien's
application for adjustment of status has been processed and a
decision made thereon.
SEC. __402. INCREASED PORTABILITY OF H-1B STATUS.
(a) In General.--Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) is amended by adding at the
end the following new subsection:
``(m)(1) A nonimmigrant alien described in paragraph (2)
who was previously issued a visa or otherwise provided
nonimmigrant status under section 101(a)(15)(H)(i)(b) is
authorized to accept new employment upon the filing by the
prospective employer of a new petition on behalf of
such nonimmigrant as provided under subsection (a).
Employment authorization shall continue for such alien
until the new petition is adjudicated. If the new petition
is denied, such authorization shall cease.
``(2) A nonimmigrant alien described in this paragraph is a
nonimmigrant alien--
``(A) who has been lawfully admitted into the United
States;
``(B) on whose behalf an employer has filed a nonfrivolous
petition for new employment before the date of expiration of
the period of stay authorized by the Attorney General; and
``(C) who, subsequent to such lawful admission, has not
been employed without authorization in the United States
before the filing of such petition.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to petitions filed before, on, or after the date
of enactment of this Act.
SEC. __403. SPECIAL PROVISIONS IN CASES OF LENGTHY
ADJUDICATIONS.
(a) Exemption From Limitation.--The limitation contained in
section 214(g)(4) of the Immigration and Nationality Act with
respect to the duration of authorized stay shall not apply to
any nonimmigrant alien previously issued a visa or otherwise
provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act on
whose behalf a petition under section 204(b) to accord the
alien immigrant status under section 203(b), or an
application for adjustment of status under section 245 to
accord the alien status under section 203(b), has been filed,
if 365 days or more have elapsed since--
(1) the filing of a labor certification application on the
alien's behalf (if such certification is required for the
alien to obtain status under section 203(b)); or
(2) the filing of the petition under section 204(b).
(b) Extension of H1-B Worker Status.--The Attorney General
shall extend the stay of an alien who qualifies for an
exemption under subsection (a) in one-year increments until
such time as a final decision is made on the alien's lawful
permanent residence.
(c) Increased Job Flexibility for Long Delayed Applicants
for Adjustment of Status.--
(1) Section 204 of the Immigration and Nationality Act (8
U.S.C. 1154) is amended by adding at the end the following
new subsection:
``(j) Job Flexibility for Long Delayed Applicants for
Adjustment of Status to Permanent Residence.--A petition
under subsection (a)(1)(D) for an individual whose
application for adjustment of status pursuant to section 245
has been filed and remained unadjudicated for 180 days or
more shall remain valid with respect to a new job if the
individual changes jobs or employers if the new job is in the
same or a similar occupational classification as the job for
which the petition was filed.''.
(2) Section 212(a)(5)(A) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding at the end
the following new clause:
``(iv) Long delayed adjustment applicants.--A certification
made under clause (i) with respect to an individual whose
petition is covered by section 204(j) shall remain valid with
respect to a new job accepted by the individual after the
individual changes jobs or employers if the new job is in the
same or a similar occupational classification as the job for
which the certification was issued.''.
(d) Recapture of Unused Employment-Based Immigrant Visas.--
(1) In general.--Notwithstanding any other provision of
law, the number of employment-based visas (as defined in
paragraph (3)) made available for a fiscal year (beginning
with fiscal year 2001) shall be increased by the number
described in paragraph (2). Visas made available under this
subsection shall only be available in a fiscal year to
employment-based immigrants under paragraph (1), (2), or (3)
of section 203(b) of the Immigration and Nationality Act.
(2) Number available.--
(A) In general.--Subject to subparagraph (B), the number
described in this paragraph is the difference between the
number of employment-based visas that were made available in
fiscal year 1999 and 2000 and the number of such visas that
were actually used in such fiscal years.
(B) Reduction.--The number described in subparagraph (A)
shall be reduced, for each fiscal year after fiscal year
2001, by the cumulative number of immigrant visas made
available under paragraph (1) for previous fiscal years.
(C) Construction.--Nothing in this paragraph shall be
construed as affecting the application of section
201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C.
1151(c)(3)(C)).
(3) Employment-based visas defined.--For purposes of this
subsection, the term ``employment-based visa'' means an
immigrant
[[Page S4485]]
visa which is issued pursuant to the numerical limitation
under section 203(b) of the Immigration and Nationality Act
(8 U.S.C. 1153(b)).
TITLE V--RESTORATION OF SECTION 245(i)
SEC. 501. REMOVAL OF CERTAIN LIMITATIONS ON ELIGIBILITY FOR
ADJUSTMENT OF STATUS UNDER SECTION 245(I).
(a) In General.--Section 245(i)(1) of the Immigration and
Nationality Act (8 U.S.C. 1255(i)(1)) is amended by striking
``(i)(1)'' through ``The Attorney General'' and inserting the
following:
``(i)(1) Notwithstanding the provisions of subsections (a)
and (c) of this section, an alien physically present in the
United States who--
``(A) entered the United States without inspection; or
``(B) is within one of the classes enumerated in subsection
(c) of this section;
may apply to the Attorney General for the adjustment of his
or her status to that of an alien lawfully admitted for
permanent residence. The Attorney General''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective as if included in the enactment of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1998 (Public Law
105-119; 111 Stat. 2440).
TITLE VI--REGISTRY DATES
SEC. 601. SHORT TITLE.
This title may be cited as the ``Date of Registry Act of
2000''.
SEC. 602. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE
CASE OF CERTAIN ALIENS.
(a) In General.--Section 249 of the Immigration and
Nationality Act (8 U.S.C. 1259) is amended--
(1) in subsection (a), by striking ``January 1, 1972'' and
inserting ``January 1, 1986''; and
(2) by striking ``january 1, 1972'' in the heading and
inserting ``january 1, 1986''.
(b) Effective Dates.--
(1) General rule.--The amendments made by subsection (a)
shall take effect on the date of enactment of this Act.
(2) Extension of date of registry.--
(A) Period beginning january 1, 2002.--Beginning on January
1, 2002, section 249 of the Immigration and Nationality Act
(8 U.S.C. 1259) is amended by striking ``January 1, 1986''
each place it appears and inserting ``January 1, 1987''.
(B) Period beginning january 1, 2003.--Beginning on January
1, 2003, section 249 of such Act is amended by striking
``January 1, 1987'' each place it appears and inserting
``January 1, 1988''.
(C) Period beginning january 1, 2004.--Beginning on January
1, 2004, section 249 of such Act is amended by striking
``January 1, 1988'' each place it appears and inserting
``January 1, 1989''.
(D) Period beginning january 1, 2005.--Beginning on January
1, 2005, section 249 of such Act is amended by striking
``January 1, 1989'' each place it appears and inserting
``January 1, 1990''.
(E) Period beginning january 1, 2006.--Beginning on January
1, 2006, section 249 of such Act is amended by striking
``January 1, 1990'' each place it appears and inserting
``January 1, 1991''.
TITLE VII--BACKLOG REDUCTION FOR FAMILY-SPONSORED IMMIGRANTS
SEC. 701. FAMILY BACKLOG REDUCTION.
(a) Worldwide Level of Family-Sponsored Immigrants.--
Notwithstanding section 201(a)(1) of the Immigration and
Nationality Act, the number of aliens who may be issued
immigrant visas or who may otherwise acquire the status of an
alien lawfully admitted for permanent residence as a family-
sponsored immigrant described in section 203(a) of such Act
(or who are admitted under section 211(a) of such Act on the
basis of a prior issuance of a visa to their accompanying
parent under such section 203(a)) in any fiscal year is
limited to--
(1) the number provided for in section 201(a)(1) of such
Act, plus
(2) 200,000 for fiscal year 2001 and each fiscal year
thereafter.
(b) Per Country Levels for Family-Sponsored Immigrants.--
(1) Notwithstanding section 202(a)(2) of the Immigration and
Nationality Act, the total number of immigrant visas made
available to natives of any single foreign state or dependent
area under subsections (a) and (b) of section 203 of that Act
in any fiscal year may not exceed the sum of--
(A) the number specified in section 202(a)(2) of that Act,
plus
(B) the number computed under paragraph (2).
(2) The number computed under this paragraph is--
(A) 33 percent of the number computed under section
202(a)(2) of that Act for each of fiscal years 2001, 2002,
2003, 2004, and 2005, or
(B) 25 percent of the number computed under section
202(a)(2) for each fiscal year thereafter.
(c) Authorization of Appropriations.--(1) There are
authorized to be appropriated to the Department of Justice
and the Department of State such sums as may be necessary to
provide for the additional visa issuances and admissions
authorized under subsection (a).
(2) There are authorized to be appropriated to the
Department of Justice such sums as may be necessary to
process backlog adjudications of the Immigration and
Naturalization Service.
TITLE VIII--ALIEN CHILDREN PROTECTION
SEC. 801. SHORT TITLE.
This Act may be cited as the ``Alien Children Protection
Act of 2000''.
SEC. 802. USE OF APPROPRIATE FACILITIES FOR THE DETENTION OF
ALIEN CHILDREN.
(a) In General.--Except as provided in subsection (b), in
the case of any alien under 18 years of age who is awaiting
final adjudication of the alien's immigration status and who
does not have a parent, guardian, or relative in the United
States into whose custody the alien may be released, the
Attorney General shall place such alien in a facility
appropriate for children not later than 72 hours after the
Attorney General has taken custody of the alien.
(b) Exception.--The provisions of subsection (a) do not
apply to any alien under 18 years of age who the Attorney
General finds has engaged in delinquent behavior, is an
escape risk, or has a security need greater than that
provided in a facility appropriate for children.
(c) Definition.--In this section, the term ``facility
appropriate for children'' means a facility, such as foster
care or group homes, operated by a private nonprofit
organization, or by a local governmental entity, with
experience and expertise in providing for the legal,
psychological, educational, physical, social, nutritional,
and health requirements of children. The term ``facility
appropriate for children'' does not include any facility used
primarily to house adults or delinquent minors.
SEC. 803. ADJUSTMENT TO PERMANENT RESIDENT STATUS.
Section 245 of the Immigration and Nationality Act (8
U.S.C. 1255) is amended by adding at the end the following:
``(l)(1) The Attorney General may, in the Attorney
General's discretion, adjust the status of an alien under 18
years of age who has no lawful immigration status in the
United States to that of an alien lawfully admitted for
permanent residence if--
``(A)(i) the alien (or a parent or legal guardian acting on
the alien's behalf) has applied for the status; and
``(ii) the alien has resided in the United States for a
period of 5 consecutive years; or
``(B)(i) no parent or legal guardian requests the alien's
return to the country of the parent's or guardian's domicile,
or with respect to whom the Attorney General finds that
returning the child to his or her country of origin would
subject the child to mental or physical abuse; and
``(ii) the Attorney General determines that it is in the
best interests of the alien to remain in the United States
notwithstanding the fact that the alien is not eligible for
asylum protection under section 208 or protection under
section 101(a)(27)(J).
``(2) The Attorney General shall make a determination under
paragraph (1)(B)(ii) based on input from a person or entity
that is not employed by or a part of the Service and that is
qualified to evaluate children and opine as to what is in
their best interest in a given situation.
``(3) Upon the approval of adjustment of status of an alien
under paragraph (1), the Attorney General shall record the
alien's lawful admission for permanent residence as of the
date of such approval, and the Secretary of State shall
reduce by one the number of visas authorized to be issued
under sections 201(d) and 203(b)(4) for the fiscal year then
current.
``(4) Not more than 500 aliens may be granted permanent
resident status under this subsection in any fiscal year.''.
SEC. 804. ASSIGNMENT OF GUARDIANS AD LITEM TO ALIEN CHILDREN.
(a) Assignment.--Whenever a covered alien is a party to an
immigration proceeding, the Attorney General shall assign
such covered alien a child welfare professional or other
individual who has received training in child welfare matters
and who is recognized by the Attorney General as being
qualified to serve as a guardian ad litem (in this section
referred to as the ``guardian''). The guardian shall not be
an employee of the Immigration and Naturalization Service.
(b) Responsibilities.--The guardian shall ensure that--
(1) the covered alien's best interests are promoted while
the covered alien participates in, or is subject to, the
immigration proceeding; and
(2) the covered alien understands the proceeding.
(c) Requirements on the Attorney General.--The Attorney
General shall serve notice of all matters affecting a covered
alien's immigration status (including all papers filed in an
immigration proceeding) on the covered alien's guardian.
(d) Definition.--In this section, the term ``covered
alien'' means an alien--
(1) who is under 18 years of age;
(2) who has no lawful immigration status in the United
States and is not within the physical custody of a parent or
legal guardian; and
(3) whom no parent or legal guardian requests the person's
return to the country of the parent's or guardian's domicile
or with respect to whom the Attorney General finds that
returning the child to his or her country of origin would
subject the child to physical or mental abuse.
SEC. 805. SENSE OF CONGRESS.
Congress commends the Immigration and Naturalization
Service for its issuance of its
[[Page S4486]]
``Guidelines for Children's Asylum Claims'', dated December
1998, and encourages and supports the Service's
implementation of such guidelines in an effort to facilitate
the handling of children's asylum claims.
SEC. 806. GENERAL ACCOUNTING OFFICE REPORT.
The Comptroller General of the United States shall prepare
a report to Congress regarding whether and to what extent
United States Embassy and consular officials are fulfilling
their obligation to reunify, on a priority basis, children in
foreign countries whose parent or parents are legally present
in the United States.
TITLE IX--BENEFITS RESTORATION
SEC. 901. SHORT TITLE.
This title may be cited as the ``Immigrant Children's
Health Improvement Act of 2000''.
SEC. 902. OPTIONAL ELIGIBILITY OF CERTAIN ALIEN PREGNANT
WOMEN AND CHILDREN FOR MEDICAID.
(a) In General.--Subtitle A of title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1611-1614) is amended by adding at the end the
following:
``SEC. 405. OPTIONAL ELIGIBILITY OF CERTAIN ALIENS FOR
MEDICAID.
``(a) Optional Medicaid Eligibility for Certain Aliens.--A
State may elect to waive (through an amendment to its State
plan under title XIX of the Social Security Act) the
application of sections 401(a), 402(b), 403, and 421 with
respect to eligibility for medical assistance under the
program defined in section 402(b)(3)(C) (relating to the
medicaid program) of aliens who are lawfully residing in the
United States (including battered aliens described in section
431(c)), within any or all (or any combination) of the
following categories of individuals:
``(1) Pregnant women.--Women during pregnancy (and during
the 60-day period beginning on the last day of the
pregnancy).
``(2) Children.--Children (as defined under such plan),
including optional targeted low-income children described in
section 1905(u)(2)(B).''.
(b) Applicability of Affidavits of Support.--Section
213A(a) of the Immigration and Nationality Act (8 U.S.C.
1183a(a)) is amended by adding at the end the following:
``(4) Inapplicability to benefits provided under a state
waiver.--For purposes of this section, the term `means-tested
public benefits' does not include benefits provided pursuant
to a State election and waiver described in section 405 of
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996.''.
(c) Conforming Amendments.--
(1) Section 401(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a)) is
amended by inserting ``and section 405'' after ``subsection
(b)''.
(2) Section 402(b)(1) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(b)(1)) is amended by inserting ``, section 405,'' after
``403''.
(3) Section 403(a) of such Act (8 U.S.C. 1613(a)) is
amended by inserting ``section 405 and'' after ``provided
in''.
(4) Section 421(a) of such Act (8 U.S.C. 1631(a)) is
amended by inserting ``except as provided in section 405,''
after ``Notwithstanding any other provision of law,''.
(5) Section 1903(v)(1) of the Social Security Act (42
U.S.C. 1396b(v)(1)) is amended by inserting ``and except as
permitted under a waiver described in section 405(a) of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996,'' after ``paragraph (2),''.
(d) Effective Date.--The amendments made by this section
take effect on October 1, 1999.
SEC. 903. OPTIONAL ELIGIBILITY OF IMMIGRANT CHILDREN FOR
SCHIP.
(a) In General.--Section 405 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, as added by
section 102(a), is further amended--
(1) in the heading, by inserting ``AND SCHIP'' before the
period; and
Under that section may apply for that status through the date
that is one year after the date of promulgation by the
Attorney General of final regulations for the implementation
of that section.
TITLE X--ADMISSION OF SPOUSES AND CHILDREN OF CERTAIN NONIMMIGRANTS
SEC. 1001. ADMISSION OF CERTAIN ``B'' AND ``F'' VISA
NONIMMIGRANTS WHO ARE SPOUSES OR CHILDREN OF
UNITED STATES PERMANENT RESIDENT ALIENS.
Section 212 of the Immigration and Nationality Act (8
U.S.C. 1182) is amended by adding at the end thereof the
following new subsection:
``(r)(1) Notwithstanding any other provision of law, no
alien--
``(A) who is--
``(i) the spouse or child of an alien lawfully admitted for
permanent residence to the United States; and
``(ii) not eligible to enter the United States as an
immigrant except by reason of being such a spouse or child;
and
``(B) who seeks admission to the United States for purposes
of visiting the permanent resident spouse or parent or for
studying in the United States; and
``(C) who is otherwise qualified;
may be denied issuance of a visa, or may be denied admission
to the United States, as a nonimmigrant alien described in
section 101(a)(15)(B) who is coming to the United States
temporarily for pleasure or as a nonimmigrant alien described
in section 101(a)(15)(F).
``(2) Whenever an alien described in paragraph (1) seeks
admission to the United States as a nonimmigrant alien
described in section 101(a)(15)(B) who is coming temporarily
for pleasure or as a nonimmigrant alien described in section
101(a)(15)(F), the fact that a petition has been filed on the
alien's behalf for classification of the alien as an alien
lawfully admitted for permanent residence shall not
constitute evidence of the alien's intention to abandon his
or her foreign residence.''.
____
The Family, Work and Immigrant Integration Amendments of 2000--Summary
1. Central American and Haitian Parity: provides for
adjustment of status for Salvadorans, Guatemalans, Hondurans
and Haitians on the same terms as that extended to Cubans and
Nicaraguans in 1997 under NACARA.
2. Extension of filing deadlines for applications for
adjustment of status of certain Cuban, Nicaraguan, and
Haitian nationals: extends the deadline to apply for
adjustment of status by one year after the date of issuance
of final NACARA regulations.
3. Liberian Refugee Immigration Fairness: allows Liberian
refugees who have been continuously present in the US to
apply for adjustment of status.
4. Increased Flexibility in Employment-Based Immigration:
eliminates per country limitation if additional visas are
available, increases portability of H-1B visas, encourages
swifter adjudication of petitions, and allows unused visas
from one year to be used the following year.
5. Restoration of Section 245(i): restores the provision
permitting those who are out of status but otherwise eligible
for permanent residence to adjust their status in the United
States by paying a fine.
6. 1986 Registry Date: updates the current registry date
from 1972 to 1986 that allows adjustment of status to all
persons of good character who have resided in the United
States prior to 1986. The registry date would be moved up one
year each for the next five years to 1991 in FY 2006.
7. Backlog reduction for family-sponsored immigrants: would
provide additional visas for family members of citizens and
permanent residents to reduce backlogs in the family-based
immigration categories: 250,000 additional visas for three
years, 200,000 for two years and 150,000 permanently; per
country ceilings are raised proportionately.
8. Alien Child Protection Act: provides unaccompanied or
orphaned children in the jurisdiction of the INS with several
protections. Among other things, it states that if a child is
detained, it must be in a child-appropriate facility. They
can have access to a guardian ad litem or similar advocate to
navigate through the immigration process.
9. Benefits Restoration: restores modest benefits for legal
immigrants, including optional eligibility of certain
immigrants for Medicaid and optional eligibility of immigrant
children for SCHIP programs (state child health plans).
States would be given the option to provide Medicaid to all
children and pregnant women who are lawfully residing in the
US, regardless of when they arrived. Pregnant women would
remain eligible during the first 60 days after their
pregnancy. If a state elects the Medicaid option, it may also
provide all lawfully present children access to this CHIP
(state child health plan) program. Immigrant sponsors would
not be required to pay back assistance provided to children
or pregnant women.
10. Admission of spouses and children of certain
nonimmigrants: would allow spouses and children of permanent
residents who have green card applications pending to enter
the US with nonimmigrant student and/or visitor visas.
Hundreds of thousands can't get nonimmigrant student and/or
visitor visas now because of State Department interpretations
that if you have a green card application pending you are
presumed likely to overstay a temporary visa to visit the US
on a limited basis.
____
May 16, 2000.
Dear Members of Congress. Today, as throughout American
history, immigrants have proven essential to the economic,
political and social development of our nation. Immigrants
make important contributions consistent with America's
fundamental values of family, work, justice and community.
It is important that our immigration policies reflect these
values and ensure that all persons enjoy equal protection and
due process under the Constitution and laws of the land. Our
immigration policies should also be responsive to economic
needs and ensure appropriate protections and opportunities
for citizens and immigrants.
Immigration reforms consistent with American values and
economic needs should be a high priority on the national
agenda this year.
Currently, there is wide support in Congress for
immigration reforms to address the need to better educate and
train citizens and lawful immigrants now here, and to
increase the number of H-B visas to admit more highly-skilled
immigrants so as to meet the economic needs of certain
industries experiencing shortages of workers with these
skills. While we may differ on specific provisions of
proposed bills, we agree that appropriate skilled immigrant
admissions contribute to economic growth and job creation.
The undersigned further believe that, in addition to
proposals on high skilled visas, the following issues
regarding persons already in the United States or awaiting
family reunification also warrant congressional
[[Page S4487]]
action as early as possible: 1) allow Salvadorans,
Guatemalans, Hondurans and Haitians to apply for adjustment
of status on the same terms as already provided to Cubans and
Nicaraguans in 1997; 2) allow adjustment of status to all
persons of good character who have resided in the United
States and established ties to American communities; 3)
restore the provision permitting those who are out of status
but otherwise eligible for permanent residence to adjust
their status in the United States; 4) reunite families by
establishing a program to provide additional visas for family
members of citizens and permanent residents so as to reduce
unacceptable backlogs and help stabilize the workforce.
Other immigration reforms also deserve congressional
action, which will be addressed in further correspondence. We
believe that there is a broad consensus now that Congress
should enact the proposals noted above on a priority basis in
the national interest.
Sincerely,
Individuals
Henry Cisneros.
Richard Gilder.
Bill Ong Hing.
Jack Kemp.
Rick Swartz.
national organizations
Americans for Tax Reform, Grover Norquist, President
Center for Equal Opportunity, Linda Chavez, President
Club for Growth, Steve Moore, President
Empower America, J.T. Taylor, President
Hotel Employees and Restaurant Employees Union, John
Wilhelm, President
Service Employees International Union, Andrew Stern,
President
United Farm Workers of America, AFL-CIO, Arturo Rodriguez,
President
Union of Needletrades and Industrial Textile Employees
(UNITE), Jay Mazur, President
American Immigration Lawyers Association, Jeanne
Butterfield, Executive Director
Arab American Institute, James Zogby, President
Dominican American National Roundtable, Victor Capellan,
President
Haitian American Foundation, Inc., Leonie Hermantin,
Executive Director
Immigrant Support Network, Shailesh Gala, President
Lutheran Immigration and Refugee Services, Ralston
Deffenbaugh, President
U.S. Catholic Conference/Migration and Refugee Services,
Most Reverend Bishop Nicholas DiMarzio, Chairman, National
Conference of Catholic Bishops' Committee on Migration
National Asian Pacific American Legal Consortium, Karen
Narasaki, Executive Director
National Association of Latino Elected and Appointed
Officials, Arturo Vargas, Executive Director
National Coalition for Haitian Rights, Jocelyn McCalla,
Executive Director
National Council of La Raza, Raul Yzaguirre, President
National Farm Worker Ministry, Virginia Nesmith, Executive
Director
National Immigration Forum, Frank Sharry, Executive
Director
National Immigration Law Center, Susan Drake, Executive
Director
National Puerto Rican Coalition, Manuel Mirabal, President/
CEO
New America Alliance, Tom Castro, President
Polish American Congress, Edward Moskal, President
Salvadoran American National Network, Oscar Chacon,
President
Southeast Asian Resource Action Center, Ka Ying Yang,
Executive Director
William C. Velasquez Institute, Antonio Gonzalez, President
local organizations
Centro Presente, M. Elena Letona, Executive Director
Centro Romero, Daisy Funes, Executive Director
Haitian American Grassroots Coalition, Jean-Robert
Lafortune, Chairman
Heartland Alliance for Human Needs & Human Rights, Sid
Mohn, President
Immigrant Legal Resource Center, Mark Silverman
Jewish Community Federation of San Francisco, the
Peninsula, Marin and Sonoma Counties, Wayne Feinstein,
Executive Vice President
Los Angeles County Federation of Labor, Miguel Contreras,
Executive Secretary Treasurer
New York Association for New Americans, Mark Handelman,
Executive Vice President
New York Immigration Coalition, Margie McHugh, Executive
Director
____________________