[Congressional Record Volume 146, Number 100 (Thursday, July 27, 2000)]
[Senate]
[Pages S7925-S7947]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                  JUSTICE FOR VICTIMS OF TERRORISM ACT

                                 ______
                                 

                  MACK (AND OTHERS) AMENDMENT NO. 4021

  (Ordered to lie on the table.)
  Mr. MACK (for himself, Mr. Lautenberg, Mr. Leahy, and Mrs. Feinstein) 
submitted an amendment intended to be proposed by them to the bill (S. 
1796) to modify the enforcement of certain anti-terrorism judgments, 
and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. ENFORCEMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.

       (a) Short Title.--This section may be cited as the 
     ``Justice for Victims of Terrorism Act''.
       (b) Definition.--
       (1) In general.--Section 1603(b) of title 28, United States 
     Code, is amended--
       (A) in paragraph (3) by striking the period and inserting a 
     semicolon and ``and'';
       (B) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively;
       (C) by striking ``(b)'' through ``entity--'' and inserting 
     the following:
       ``(b) An `agency or instrumentality of a foreign state' 
     means--
       ``(1) any entity--''; and
       (D) by adding at the end the following:
       ``(2) for purposes of sections 1605(a)(7) and 1610 (a)(7) 
     and (f), any entity as defined under subparagraphs (A) and 
     (B) of paragraph (1), and subparagraph (C) of paragraph (1) 
     shall not apply.''.
       (2) Technical and conforming amendment.--Section 1391(f)(3) 
     of title 28, United States Code, is amended by striking 
     ``1603(b)'' and inserting ``1603(b)(1)''.
       (c) Enforcement of Judgments.--Section 1610(f) of title 28, 
     United States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A) by striking ``(including any agency 
     or instrumentality or such state)'' and inserting 
     ``(including any agency or instrumentality of such state)''; 
     and
       (B) by adding at the end the following:
       ``(C) Notwithstanding any other provision of law, moneys 
     due from or payable by the United States (including any 
     agency, subdivision or instrumentality thereof) to any state 
     against which a judgment is pending under section 1605(a)(7) 
     shall be subject to attachment and execution, in like manner 
     and to the same extent as if the United States were a private 
     person.''; and
       (2) by adding at the end the following:
       ``(3)(A) Subject to subparagraph (B), upon determining on 
     an asset-by-asset basis that a waiver is necessary in the 
     national security interest, the President may waive this 
     subsection in connection with (and prior to the enforcement 
     of) any judicial order directing attachment in aid of 
     execution or execution against any property subject to the 
     Vienna Convention on Diplomatic Relations, the Vienna 
     Convention on Consular Relations, the United Nations 
     Headquarters Agreement, or the Convention on the Privileges 
     and Immunities of the United Nations.
       ``(B) A waiver under this paragraph shall not apply to--
       ``(i) if property subject to the Vienna Convention on 
     Diplomatic Relations, the Vienna Convention on Consular 
     Relations, the United Nations Headquarters Agreement, or the 
     Convention on the Privileges and Immunities of the United 
     Nations has been used for any nondiplomatic purpose 
     (including use as rental property), the proceeds of such use; 
     or
       ``(ii) if any asset subject to the Vienna Convention on 
     Diplomatic Relations, the Vienna Convention on Consular 
     Relations, the United Nations Headquarters Agreement, or the 
     Convention on the Privileges and Immunities of the United 
     Nations is sold or otherwise transferred for value to a third 
     party, the proceeds of such sale or transfer.
       ``(C) In this paragraph, the term `property subject to the 
     Vienna Convention on Diplomatic Relations, the Vienna 
     Convention on Consular Relations, the United Nations 
     Headquarters Agreement, or the Convention on the Privileges 
     and Immunities of the United Nations' and the term `asset 
     subject to the Vienna Convention on Diplomatic Relations or 
     the Vienna Convention on Consular Relations' mean any 
     property or asset, respectively, the attachment in aid of 
     execution or execution of which would result in a violation 
     of an obligation of the United States under the Vienna 
     Convention on Diplomatic Relations, the Vienna Convention on 
     Consular Relations, the United Nations Headquarters 
     Agreement, or the Convention on the Privileges and Immunities 
     of the United Nations, as the case may be.
       ``(4) For purposes of this subsection, all assets of any 
     agency or instrumentality of a foreign state shall be treated 
     as assets of that foreign state.''.
       (d) Technical and Conforming Amendment.--Section 117(d) of 
     the Treasury Department Appropriations Act, 1999 (Public Law 
     105-277; 112 Stat. 2681-492) is repealed.
       (e) Effective Date.--The amendments made by this section 
     shall apply to any claim for which a foreign state is not 
     immune under section 1605(a)(7) of title 28, United States 
     Code, arising before, on, or after the date of enactment of 
     this Act.
       (f) Paygo Adjustment.--The Director of OMB shall not make 
     any estimates of changes in direct spending outlays and 
     receipts under section 252(d) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 902(d)) for 
     any fiscal year resulting from enactment of this section.

     SEC. 2. AID FOR VICTIMS OF TERRORISM.

       (a) Meeting the Needs of Victims of Terrorism Outside the 
     United States.--
       (1) In general.--Section 1404B(a) of the Victims of Crime 
     Act of 1984 (42 U.S.C. 10603b(a)) is amended as follows:
       ``(a) Victims of Acts of Terrorism Outside United States.--
       ``(1) In general.--The Director may make supplemental 
     grants as provided in 1402(d)(5) to States, victim service 
     organizations, and public agencies (including Federal, State, 
     or local governments) and nongovernmental organizations that 
     provide assistance to victims of crime, which shall be used 
     to provide emergency relief, including crisis response 
     efforts, assistance, training, and technical assistance, and 
     ongoing assistance, including during any investigation or 
     prosecution, to victims of terrorist acts or mass violence 
     occurring outside the United States who are not persons 
     eligible for compensation under title VIII of the Omnibus 
     Diplomatic Security and Antiterrorism Act of 1986.
       ``(2) Victim defined.--In this subsection, the term 
     `victim'--
       ``(A) means a person who is a national of the United States 
     or an officer or employee of the United States who is injured 
     or killed as a result of a terrorist act or mass violence 
     occurring outside the United States; and
       ``(B) in the case of a person described in subparagraph (A) 
     who is less than 18 years of age, incompetent, incapacitated, 
     or deceased, includes a family member or legal guardian of 
     that person.
       ``(3) Rule of construction.--Nothing in this subsection 
     shall be construed to allow the Director to make grants to 
     any foreign power (as defined by section 101(a) of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801(a)) or to any domestic or foreign organization operated 
     for the purpose of engaging in any significant political or 
     lobbying activities.''.
       (2) Applicability.--The amendment made by this subsection 
     shall apply to any terrorist act or mass violence occurring 
     on or after December 21, 1988, with respect to which an 
     investigation or prosecution was ongoing after April 24, 
     1996.
       (3) Administrative provision.--Not later than 90 days after 
     the date of enactment of this Act, the Director shall 
     establish guidelines under section 1407(a) of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10604(a)) to specify the 
     categories of organizations and agencies to which the 
     Director may make grants under this subsection.
       (4) Technical Amendment.--Section 1404B(b) of the Victims 
     of Crime Act of 1984

[[Page S7926]]

     (42 U.S.C. 10603b(b)) is amended by striking 
     ``1404(d)(4)(B)'' and inserting ``1402(d)(5)''.
       (b) Amendments to Emergency Reserve Fund.--
       (1) Cap increase.--Section 1402(d)(5)(A) of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10601(d)(5)(A)) is amended by 
     striking ``$50,000,000'' and inserting ``$100,000,000''.
       (2) Transfer.--Section 1402(e) of the Victims of Crime Act 
     of 1984 (42 U.S.C 10601(e)) is amended by striking ``in 
     excess of $500,000'' and all that follows through ``than 
     $500,000'' and inserting ``shall be available for deposit 
     into the emergency reserve fund referred to in subsection 
     (d)(5) at the discretion of the Director. Any remaining 
     unobligated sums''.
       (c) Compensation to Victims of International Terrorism.--
       (1) In general.--The Victims of Crime Act of 1984 (42 
     U.S.C. 10601 et seq.) is amended by inserting after section 
     1404B the following:

     ``SEC. 1404C. COMPENSATION TO VICTIMS OF INTERNATIONAL 
                   TERRORISM.

       ``(a) Definitions.--In this section:
       ``(1) International terrorism.--The term `international 
     terrorism' has the meaning given the term in section 2331 of 
     title 18, United States Code.
       ``(2) National of the united states.--The term `national of 
     the United States' has the meaning given the term in section 
     101(a) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)).
       ``(3) Victim.--
       ``(A) In general.--The term `victim' means a person who--
       ``(i) suffered direct physical or emotional injury or death 
     as a result of international terrorism occurring on or after 
     December 21, 1988 with respect to which an investigation or 
     prosecution was ongoing after April 24, 1996; and
       ``(ii) as of the date on which the international terrorism 
     occurred, was a national of the United States or an officer 
     or employee of the United States Government.
       ``(B) Incompetent, incapacitated, or deceased victims.--In 
     the case of a victim who is less than 18 years of age, 
     incompetent, incapacitated, or deceased, a family member or 
     legal guardian of the victim may receive the compensation 
     under this section on behalf of the victim.
       ``(C) Exception.--Notwithstanding any other provision of 
     this section, in no event shall an individual who is 
     criminally culpable for the terrorist act or mass violence 
     receive any compensation under this section, either directly 
     or on behalf of a victim.
       ``(b) Award of Compensation.--The Director may use the 
     emergency reserve referred to in section 1402(d)(5)(A) to 
     carry out a program to compensate victims of acts of 
     international terrorism that occur outside the United States 
     for expenses associated with that victimization.
       ``(c) Annual Report.--The Director shall annually submit to 
     Congress a report on the status and activities of the program 
     under this section, which report shall include--
       ``(1) an explanation of the procedures for filing and 
     processing of applications for compensation;
       ``(2) a description of the procedures and policies 
     instituted to promote public awareness about the program;
       ``(3) a complete statistical analysis of the victims 
     assisted under the program, including--
       ``(A) the number of applications for compensation 
     submitted;
       ``(B) the number of applications approved and the amount of 
     each award;
       ``(C) the number of applications denied and the reasons for 
     the denial;
       ``(D) the average length of time to process an application 
     for compensation; and
       ``(E) the number of applications for compensation pending 
     and the estimated future liability of the program; and
       ``(4) an analysis of future program needs and suggested 
     program improvements.''.
       (2) Conforming amendment.--Section 1402(d)(5)(B) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)(B)) is 
     amended by inserting ``, to provide compensation to victims 
     of international terrorism under the program under section 
     1404C,'' after ``section 1404B''.
       (d) Amendments to Victims of Crime Fund.--Section 1402(c) 
     of the Victims of Crime Act 1984 (42 U.S.C. 10601(c)) is 
     amended by adding at the end the following: ``Notwithstanding 
     section 1402(d)(5), all sums deposited in the Fund in any 
     fiscal year that are not made available for obligation by 
     Congress in the subsequent fiscal year shall remain in the 
     Fund for obligation in future fiscal years, without fiscal 
     year limitation.''.
                                 ______
                                 

                 COAST GUARD AUTHORIZATION ACT OF 1999

                                 ______
                                 

                  SNOWE (AND KERRY) AMENDMENT NO. 4022

  Mr. CAMPBELL (for Ms. Snowe  (for herself and Mr. Kerry)) proposed an 
amendment to the bill (S. 1089) to authorize for fiscal years 2000 and 
2001 for the United States Coast Guard, and for other purposes; as 
follows:

       Strike out all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Coast Guard Authorization 
     Act of 2000''.

                         TITLE I--AUTHORIZATION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization for Fiscal Year 2000.--Funds are 
     authorized to be appropriated for necessary expenses of the 
     Coast Guard for fiscal year 2000, as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $2,781,000,000, of which $300,000,000 shall be available for 
     defense-related activities and of which $25,000,000 shall be 
     derived from the Oil Spill Liability Trust Fund.
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $389,326,000, to remain available until 
     expended, of which $20,000,000 shall be derived from the Oil 
     Spill Liability Trust Fund to carry out the purposes of 
     section 1012(a)(5) of the Oil Pollution Act of 1990.
       (3) For research, development, test, and evaluation of 
     technologies, materials, and human factors directly relating 
     to improving the performance of the Coast Guard's mission in 
     support of search and rescue, aids to navigation, marine 
     safety, marine environmental protection, enforcement of laws 
     and treaties, ice operations, oceanographic research, and 
     defense readiness, $19,000,000, to remain available until 
     expended, of which $3,500,000 shall be derived from the Oil 
     Spill Liability Trust Fund.
       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, such sums as may 
     be necessary, to remain available until expended.
       (5) For environmental compliance and restoration at Coast 
     Guard facilities (other than parts and equipment associated 
     with operations and maintenance), $17,000,000, to remain 
     available until expended.
       (6) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program, $15,000,000, 
     to remain available until expended.
       (b) Authorization for Fiscal Year 2001.--Funds are 
     authorized to be appropriated for necessary expenses of the 
     Coast Guard for fiscal year 2001, as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $3,399,000,000, of which $25,000,000 shall be derived from 
     the Oil Spill Liability Trust Fund.
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $520,000,000, to remain available until 
     expended, of which $20,000,000 shall be derived from the Oil 
     Spill Liability Trust Fund to carry out the purposes of 
     section 1012(a)(5) of the Oil Pollution Act of 1990, and of 
     which $110,000,000 shall be available for the construction 
     and acquisition of a replacement vessel for the Coast Guard 
     Cutter MACKINAW.
       (3) For research, development, test, and evaluation of 
     technologies, materials, and human factors directly relating 
     to improving the performance of the Coast Guard's mission in 
     support of search and rescue, aids to navigation, marine 
     safety, marine environmental protection, enforcement of laws 
     and treaties, ice operations, oceanographic research, and 
     defense readiness, $21,320,000, to remain available until 
     expended, of which $3,500,000 shall be derived from the Oil 
     Spill Liability Trust Fund.
       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, such sums as may 
     be necessary, to remain available until expended.
       (5) For environmental compliance and restoration at Coast 
     Guard facilities (other than parts and equipment associated 
     with operations and maintenance), $16,700,000, to remain 
     available until expended.
       (6) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program, $15,500,000, 
     to remain available until expended.
       (c) Authorization for Fiscal Year 2002.--Funds are 
     authorized to be appropriated for necessary expenses of the 
     Coast Guard for fiscal year 2002 as such sums as may be 
     necessary, of which $8,000,000 shall be available for 
     construction or acquisition of a replacement vessel for the 
     Coast Guard Cutter MACKINAW.

     SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
                   TRAINING.

       (a) End-of-Year Strength for Fiscal Year 2000.--The Coast 
     Guard is authorized an end-of-year strength for active duty 
     personnel of 40,000 as of September 30, 2000.
       (b) Training Student Loads for Fiscal Year 2000.--For 
     fiscal year 2000, the Coast Guard is authorized average 
     military training student loads as follows:
       (1) For recruit and special training, 1,500 student years.
       (2) For flight training, 100 student years.
       (3) For professional training in military and civilian 
     institutions, 300 student years.

[[Page S7927]]

       (4) For officer acquisition, 1,000 student years.
       (c) End-of-Year Strength for Fiscal Year 2001.--The Coast 
     Guard is authorized an end-of-year strength for active duty 
     personnel of 44,000 as of September 30, 2001.
       (d) Training Student Loads for Fiscal Year 2001.--For 
     fiscal year 2001, the Coast Guard is authorized average 
     military training student loads as follows:
       (1) For recruit and special training, 1,500 student years.
       (2) For flight training, 125 student years.
       (3) For professional training in military and civilian 
     institutions, 300 student years.
       (4) For officer acquisition, 1,000 student years.
       (e) End-of-the-Year Strength for Fiscal Year 2002.--The 
     Coast Guard is authorized an end-of-year strength of active 
     duty personnel of 45,500 as of September 30, 2002.
       (f) Training Student Loads for Fiscal Year 2002.--For 
     fiscal year 2002, the Coast Guard is authorized average 
     military training student loads as follows:
       (1) For recruit and special training, 1,500 student years.
       (2) For flight training, 125 student years.
       (3) For professional training in military and civilian 
     institutions, 300 student years.
       (4) For officer acquisition, 1,000 student years.

     SEC. 103. LORAN-C.

       (a) Fiscal Year 2001.--There are authorized to be 
     appropriated to the Department of Transportation, in addition 
     to funds authorized for the Coast Guard for operation of the 
     LORAN-C system, for capital expenses related to LORAN-C 
     navigation infrastructure, $20,000,000 for fiscal year 2001. 
     The Secretary of Transportation may transfer from the Federal 
     Aviation Administration and other agencies of the department 
     funds appropriated as authorized under this section in order 
     to reimburse the Coast Guard for related expenses.
       (b) Fiscal Year 2002.--There are authorized to be 
     appropriated to the Department of Transportation, in addition 
     to funds authorized for the Coast Guard for operation of the 
     LORAN-C system, for capital expenses related to LORAN-C 
     navigation infrastructure, $40,000,000 for fiscal year 2002. 
     The Secretary of Transportation may transfer from the Federal 
     Aviation Administration and other agencies of the department 
     funds appropriated as authorized under this section in order 
     to reimburse the Coast Guard for related expenses.

     SEC. 104. PATROL CRAFT.

       (a) Transfer of Craft from DOD.--Notwithstanding any other 
     provision of law, the Secretary of Transportation may accept, 
     by direct transfer without cost, for use by the Coast Guard 
     primarily for expanded drug interdiction activities required 
     to meet national supply reduction performance goals, up to 7 
     PC-170 patrol craft from the Department of Defense if it 
     offers to transfer such craft.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Coast Guard, in addition to amounts 
     otherwise authorized by this Act, up to $100,000,000, to 
     remain available until expended, for the conversion of, 
     operation and maintenance of, personnel to operate and 
     support, and shoreside infrastructure requirements for, up to 
     7 patrol craft.

     SEC. 105. CARIBBEAN SUPPORT TENDER.

       The Coast Guard is authorized to operate and maintain a 
     Caribbean Support Tender (or similar type vessel) to provide 
     technical assistance, including law enforcement training, for 
     foreign coast guards, navies, and other maritime services.

                     TITLE II--PERSONNEL MANAGEMENT

     SEC. 201. COAST GUARD BAND DIRECTOR RANK.

       Section 336(d) of title 14, United States Code, is amended 
     by striking ``commander'' and inserting ``captain''.

     SEC. 202. COAST GUARD MEMBERSHIP ON THE USO BOARD OF 
                   GOVERNORS.

       Section 220104(a)(2) of title 36, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (B);
       (2) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (3) by inserting after subparagraph (B) the following:
       ``(C) the Secretary of Transportation, or the Secretary's 
     designee, when the Coast Guard is not operating under the 
     Department of the Navy; and''.

     SEC. 203. COMPENSATORY ABSENCE FOR ISOLATED DUTY.

       (a) In General.--Section 511 of title 14, United States 
     Code, is amended to read as follows:

     ``Sec. 511. Compensatory absence from duty for military 
       personnel at isolated duty stations

       ``The Secretary may prescribe regulations to grant 
     compensatory absence from duty to military personnel of the 
     Coast Guard serving at isolated duty stations of the Coast 
     Guard when conditions of duty result in confinement because 
     of isolation or in long periods of continuous duty.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     13 of title 14, United States Code, is amended by striking 
     the item relating to section 511 and inserting the following:

``511. Compensatory absence from duty for military personnel at 
              isolated duty stations''.

     SEC. 204. ACCELERATED PROMOTION OF CERTAIN COAST GUARD 
                   OFFICERS.

       Title 14, United States Code, is amended--
       (1) in section 259, by adding at the end a new subsection 
     (c) to read as follows:
       ``(c) After selecting the officers to be recommended for 
     promotion, a selection board may recommend officers of 
     particular merit, from among those officers chosen for 
     promotion, to be placed at the top of the list of selectees 
     promulgated by the Secretary under section 271(a) of this 
     title. The number of officers that a board may recommend to 
     be placed at the top of the list of selectees may not exceed 
     the percentages set forth in subsection (b) unless such a 
     percentage is a number less than one, in which case the board 
     may recommend one officer for such placement. No officer may 
     be recommended to be placed at the top of the list of 
     selectees unless he or she receives the recommendation of at 
     least a majority of the members of a board composed of five 
     members, or at least two-thirds of the members of a board 
     composed of more than five members.'';
       (2) in section 260(a), by inserting ``and the names of 
     those officers recommended to be advanced to the top of the 
     list of selectees established by the Secretary under section 
     271(a) of this title'' after ``promotion''; and
       (3) in section 271(a), by inserting at the end thereof the 
     following: ``The names of all officers approved by the 
     President and recommended by the board to be placed at the 
     top of the list of selectees shall be placed at the top of 
     the list of selectees in the order of seniority on the active 
     duty promotion list.''.

     SEC. 205. COAST GUARD ACADEMY BOARD OF TRUSTEES.

       (a) In General.--Section 193 of title 14, United States 
     Code, is amended to read as follows:

     ``Sec. 193. Board of Trustees.

       ``(a) Establishment.--The Commandant of the Coast Guard may 
     establish a Coast Guard Academy Board of Trustees to provide 
     advice to the Commandant and the Superintendent on matters 
     relating to the operation of the Academy and its programs.
       ``(b) Membership.--The Commandant shall appoint the members 
     of the Board of Trustees, which may include persons of 
     distinction in education and other fields related to the 
     missions and operation of the Academy. The Commandant shall 
     appoint a chairperson from among the members of the Board of 
     Trustees.
       ``(c) Expenses.--Members of the Board of Trustees who are 
     not Federal employees shall be allowed travel expenses while 
     away from their homes or regular places of business in the 
     performance of service for the Board of Trustees. Travel 
     expenses include per diem in lieu of subsistence in the same 
     manner as persons employed intermittently in the Government 
     service are allowed expenses under section 5703 of title 5.
       ``(d) FACA Not To Apply.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) shall not apply to the Board of Trustees 
     established pursuant to this section.''.
       (b) Conforming Amendments.--
       (1) Section 194(a) of title 14, United States Code, is 
     amended by striking ``Advisory Committee'' and inserting 
     ``Board of Trustees''.
       (2) The chapter analysis for chapter 9 of title 14, United 
     States Code, is amended by striking the item relating to 
     section 193, and inserting the following:

``193. Board of Trustees''.

     SEC. 206. SPECIAL PAY FOR PHYSICIAN ASSISTANTS.

       Section 302c(d)(1) of title 37, United States Code, is 
     amended by inserting ``an officer in the Coast Guard or Coast 
     Guard Reserve designated as a physician assistant,'' after 
     ``nurse,''.

     SEC. 207. SUSPENSION OF RETIRED PAY OF COAST GUARD MEMBERS 
                   WHO ARE ABSENT FROM THE UNITED STATES TO AVOID 
                   PROSECUTION.

       Procedures promulgated by the Secretary of Defense under 
     section 633(a) of the National Defense Authorization Act for 
     Fiscal Year 1997 (Pub. L. 104-201) shall apply to the Coast 
     Guard. The Commandant of the Coast Guard shall be considered 
     a Secretary of a military department for purposes of 
     suspending pay under section 633 of that Act.

     SEC. 208. EXTENSION OF COAST GUARD HOUSING AUTHORITIES.

       Section 689 of title 14, United States Code, is amended by 
     striking ``2001.'' and inserting ``2006.''.

                        TITLE III--MARINE SAFETY

     SEC. 301. EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TO-
                   BRIDGE RADIOTELEPHONE ACT.

       Section 4(b) of the Vessel Bridge-to-Bridge Radiotelephone 
     Act (33 U.S.C. 1203(b)), is amended by striking ``United 
     States inside the lines established pursuant to section 2 of 
     the Act of February 19, 1895 (28 Stat. 672), as amended.'' 
     and inserting ``United States, which includes all waters of 
     the territorial sea of the United States as described in 
     Presidential Proclamation 5928 of December 27, 1988.''.

     SEC. 302. ICEBREAKING SERVICES.

       The Commandant of the Coast Guard shall not plan, implement 
     or finalize any regulation or take any other action which 
     would result in the decommissioning of any WYTL-class harbor 
     tugs unless and until the Commandant certifies in writing to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House, that sufficient replacement assets have been 
     procured by the Coast Guard to remediate any degradation in 
     current

[[Page S7928]]

     icebreaking services that would be caused by such 
     decommissioning.

     SEC. 303. OIL SPILL LIABILITY TRUST FUND ANNUAL REPORT.

       (a) In General.--The report regarding the Oil Spill 
     Liability Trust Fund required by the Conference Report (House 
     Report 101-892) accompanying the Department of Transportation 
     and Related Agencies Appropriations Act, 1991, as that 
     requirement was amended by section 1122 of the Federal 
     Reports Elimination and Sunset Act of 1995 (26 U.S.C. 9509 
     note), shall no longer be submitted to Congress.
       (b) Repeal.--Section 1122 of the Federal Reports 
     Elimination and Sunset Act of 1995 (26 U.S.C. 9509 note) is 
     amended by--
       (1) striking subsection (a); and
       (2) striking ``(b) Report on Joint Federal and State Motor 
     Fuel Tax Compliance Project.--''.

     SEC. 304. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND 
                   BORROWING AUTHORITY.

       Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2752(b)) is amended after the first sentence by inserting 
     ``To the extent that such amount is not adequate for removal 
     of a discharge or the mitigation or prevention of a 
     substantial threat of a discharge, the Coast Guard may borrow 
     from the Fund such sums as may be necessary, up to a maximum 
     of $100,000,000, and within 30 days shall notify Congress of 
     the amount borrowed and the facts and circumstances 
     necessitating the loan. Amounts borrowed shall be repaid to 
     the Fund when, and to the extent that removal costs are 
     recovered by the Coast Guard from responsible parties for the 
     discharge or substantial threat of discharge.''.

     SEC. 305. MERCHANT MARINER DOCUMENTATION REQUIREMENTS.

       (a) Interim Merchant Mariners' Documents.--Section 7302 of 
     title 46, United States Code, is amended--
       (1) by striking ``A'' in subsection (f) and inserting 
     ``Except as provided in subsection (g), a''; and
       (2) by adding at the end the following:
       ``(g)(1) The Secretary may, pending receipt and review of 
     information required under subsections (c) and (d), 
     immediately issue an interim merchant mariner's document 
     valid for a period not to exceed 120 days, to--
       ``(A) an individual to be employed as gaming personnel, 
     entertainment personnel, wait staff, or other service 
     personnel on board a passenger vessel not engaged in foreign 
     service, with no duties, including emergency duties, related 
     to the navigation of the vessel or the safety of the vessel, 
     its crew, cargo or passengers; or
       ``(B) an individual seeking renewal of, or qualifying for a 
     supplemental endorsement to, a valid merchant mariner's 
     document issued under this section.
       ``(2) No more than one interim document may be issued to an 
     individual under paragraph (1)(A) of this subsection.''.
       (b) Exception.--Section 8701(a) of title 46, United States 
     Code, is amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (8);
       (2) by redesignating paragraph (9) as paragraph (10); and
       (3) by inserting after paragraph (8) the following:
       ``(9) a passenger vessel not engaged in a foreign voyage 
     with respect to individuals on board employed for a period of 
     not more than 30 service days within a 12 month period as 
     entertainment personnel, with no duties, including emergency 
     duties, related to the navigation of the vessel or the safety 
     of the vessel, its crew, cargo or passengers; and''.

     SEC. 306. PENALTIES FOR NEGLIGENT OPERATIONS AND INTERFERING 
                   WITH SAFE OPERATION.

       Section 2302(a) of title 46, United States Code, is amended 
     by striking ``$1,000.'' and inserting ``$25,000.''.

     SECTION 307. AMENDMENT OF DEATH ON THE HIGH SEAS ACT.

       (a) Right of Action.--The first section of the Act of March 
     30, 1920 (46 U.S.C. App. 761; popularly known as the ``Death 
     on the High Seas Act'') is amended--
       (1) by striking ``accident'' in subsection (b) and 
     inserting ``accident, or an accident involving a passenger on 
     a vessel other than a recreational vessel or an individual on 
     a recreational vessel (other than a member of the crew 
     engaged in the business of the recreational vessel who has 
     not contributed consideration for carriage and who is paid 
     for on-board services),''; and
       (2) by adding at the end the following:
       ``(c) Passenger; Recreation Vessel.--In this section:
       ``(1) Passenger.--The term `passenger' has the meaning 
     given that term by section 2101(21) of title 46, United 
     States Code.
       ``(2) Recreational vessel.--The term `recreational vessel' 
     has the meaning given that term by section 2101(25) of title 
     46, United States Code.''.
       (b) Amount and Apportionment of Recovery.--Section 2(b) of 
     that Act (46 U.S.C. App. 762(b)) is amended--
       (1) by striking ``accident'' in paragraph (1) and inserting 
     ``accident, or an accident involving a passenger on a vessel 
     other than a recreational vessel or an individual on a 
     recreational vessel (other than a member of the crew engaged 
     in the business of the recreational vessel who has not 
     contributed consideration for carriage and who is paid for 
     on-board services),''; and
       (2) by striking ``companionship.'' in paragraph (2) and 
     inserting ``companionship, and the terms `passenger' and 
     `recreational vessel' have the meaning given them by 
     paragraphs (21) and (25), respectively, of section 2101 of 
     title 46, United States Code.''.
       (c) Effective Date.--The amendments made by this section 
     apply to any death after November 22, 1995.

                  TITLE IV--RENEWAL OF ADVISORY GROUPS

     SEC. 401. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY 
                   COMMITTEE.

       (a) Commercial Fishing Industry Vessel Advisory 
     Committee.--Section 4508 of title 46, United States Code, is 
     amended--
       (1) by inserting ``Safety'' in the heading after 
     ``Vessel'';
       (2) by inserting ``Safety''in subsection (a) after 
     ``Vessel'';
       (3) by striking ``Secretary'' in subsection (a)(1) and 
     inserting ``Secretary, through the Commandant of the Coast 
     Guard,'';
       (4) by striking ``Secretary'' in subsection (a)(4) and 
     inserting ``Commandant'';
       (5) by striking the last sentence in subsection (b)(5);
       (6) by striking ``Committee'' in subsection (c)(1) and 
     inserting ``Committee, through the Commandant,'';
       (7) by striking ``shall'' in subsection (c)(2) and 
     inserting ``shall, through the Commandant,''; and
       (8) by striking ``(5 U.S.C App. 1 et seq.)'' in subsection 
     (e)(1)(I) and inserting ``(5 U.S.C. App.)''; and
       (9) by striking ``of September 30, 2000'' and inserting 
     ``on September 30, 2005''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     45 of title 46, United States Code, is amended by striking 
     the item relating to section 4508 and inserting the 
     following:

``4508. Commercial Fishing Industry Vessel Safety Advisory Committee''.

     SEC. 402. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY 
                   COMMITTEE.

       Section 18 of the Coast Guard Authorization Act of 1991 is 
     amended--
       (1) by striking ``operating (hereinafter in this part 
     referred to as the `Secretary')'' in the second sentence of 
     subsection (a)(1) and inserting ``operating, through the 
     Commandant of the Coast Guard,'';
       (2) by striking ``Committee'' in the third sentence of 
     subsection (a)(1) and inserting ``Committee, through the 
     Commandant,'';
       (3) by striking ``Secretary,'' in the second sentence of 
     subsection (a)(2) and inserting ``Commandant,''; and
       (4) by striking ``September 30, 2000.'' in subsection (h) 
     and inserting ``September 30, 2005.''.

     SEC. 403. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY 
                   COMMITTEE.

       Section 19 of the Coast Guard Authorization Act of 1991 
     (Public Law 102-241) is amended--
       (1) by striking ``operating (hereinafter in this part 
     referred to as the `Secretary')'' in the second sentence of 
     subsection (a)(1) and inserting ``operating, through the 
     Commandant of the Coast Guard,'';
       (2) by striking ``Committee'' in the third sentence of 
     subsection (a)(1) and inserting ``Committee, through the 
     Commandant,''; and
       (3) by striking ``September 30, 2000'' in subsection (g) 
     and inserting ``September 30, 2005''.

     SEC. 404. GREAT LAKES PILOTAGE ADVISORY COMMITTEE

       Section 9307 of title 46, United States Code, is amended--
       (1) by striking ``Secretary'' in subsection (a)(1) and 
     inserting ``Secretary, through the Commandant of the Coast 
     Guard,'';
       (2) by striking ``Secretary,'' in subsection (a)(4)(A) and 
     inserting ``Commandant,'';
       (3) by striking the last sentence of subsection (c)(2);
       (4) by striking ``Committee'' in subsection (d)(1) and 
     inserting ``Committee, through the Commandant,'';
       (5) by striking ``Secretary'' in subsection (d)(2) and 
     inserting ``Secretary, through the Commandant,''; and
       (6) by striking ``September 30, 2003.'' in subsection 
     (f)(1) and inserting ``September 30, 2005.''.

     SEC. 405. NAVIGATION SAFETY ADVISORY COUNCIL

       Section 5 of the Inland Navigational Rules Act of 1980 (33 
     U.S.C. 2073) is amended--
       (1) by striking ``Secretary'' in the first sentence of 
     subsection (b) and inserting ``Secretary, through the 
     Commandant of the Coast Guard,'';
       (2) by striking ``Secretary'' in the third sentence of 
     subsection (b) and inserting ``Commandant''; and
       (3) by striking ``September 30, 2000'' in subsection (d) 
     and inserting ``September 30, 2005''.

     SEC. 406. NATIONAL BOATING SAFETY ADVISORY COUNCIL.

       Section 13110 of title 46, United States Code, is amended--
       (1) by striking ``consult'' in subsection (c) and inserting 
     ``consult, through the Commandant of the Coast Guard,''; and
       (2) by striking ``September 30, 2000'' in subsection (e) 
     and inserting ``September 30, 2005''.

     SEC. 407. TOWING SAFETY ADVISORY COMMITTEE.

       The Act entitled An Act to Establish a Towing Safety 
     Advisory Committee in the Department of Transportation (33 
     U.S.C. 1231a) is amended--
       (1) by striking ``Secretary'' in the second sentence of 
     subsection (b) and inserting

[[Page S7929]]

     ``Secretary, through the Commandant of the Coast Guard'';
       (2) by striking ``Secretary'' in the first sentence of 
     subsection (c) and inserting ``Secretary, through the 
     Commandant,'';
       (3) by striking ``Committee'' in the third sentence of 
     subsection (c) and inserting ``Committee, through the 
     Commandant,'';
       (3) by striking ``Secretary,'' in the fourth sentence of 
     subsection (c) and inserting ``Commandant,''; and
       (4) by striking ``September 30, 2000.''in subsection (e) 
     and inserting ``September 30, 2005.''.

                        TITLE V--MISCELLANEOUS.

     SEC. 501. COAST GUARD REPORT ON IMPLEMENTATION OF NTSB 
                   RECOMMENDATIONS.

       The Commandant of the United States Coast Guard shall 
     submit a written report to the Committee on Commerce, 
     Science, and Transportation within 90 days after the date of 
     enactment of this Act on what actions the Coast Guard has 
     taken to implement the recommendations of the National 
     Transportation Safety Board in its Report No. MAR-99-01. The 
     report--
       (1) shall describe in detail, by geographic region--
       (A) what steps the Coast Guard is taking to fill gaps in 
     its communications coverage;
       (B) what progress the Coast Guard has made in installing 
     direction-finding systems; and
       (C) what progress the Coast Guard has made toward 
     completing its national distress and response system 
     modernization project; and
       (2) include an assessment of the safety benefits that might 
     reasonably be expected to result from increased or 
     accelerated funding for--
       (A) measures described in paragraph (1)(A); and
       (B) the national distress and response system modernization 
     project.

     SEC. 502. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, 
                   MAINE.

       (a) Authority to Convey.--
       (1) In general.--The Administrator of the General Services 
     Administration may convey to the Gulf of Maine Aquarium 
     Development Corporation, its successors and assigns, without 
     payment for consideration, all right, title, and interest of 
     the United States of America in and to approximately 4.13 
     acres of land, including a pier and bulkhead, known as the 
     Naval Reserve Pier property, together with any improvements 
     thereon in their then current condition, located in Portland, 
     Maine. All conditions placed with the deed of title shall be 
     construed as covenants running with the land. Since the 
     Federal agency actions necessary to effectuate the transfer 
     of the Naval Reserve Pier property will further the 
     objectives of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) and the National Historic 
     Preservation Act of 1966 (16 U.S.C. 470 et seq.), 
     requirements applicable to agency actions under these and 
     other environmental planning laws are unnecessary and shall 
     not be required. The provisions of the Stewart B. McKinney 
     Homeless Assistance Act (42 U.S.C. 11301 et seq.) shall not 
     apply to any building or property at the Naval Reserve Pier 
     property.
       (2) Identification of Property.--The Administrator, in 
     consultation with the Commandant of the Coast Guard, may 
     identify, describe, and determine the property to be conveyed 
     under this section. The floating docks associated with or 
     attached to the Naval Reserve Pier property shall remain the 
     personal property of the United States.
       (b) Lease to the United States.--
       (1) The Naval Reserve Pier property shall not be conveyed 
     until the Corporation enters into a lease agreement with the 
     United States, the terms of which are mutually satisfactory 
     to the Commandant and the Corporation, in which the 
     Corporation shall lease a portion of the Naval Reserve Pier 
     property to the United States for a term of 30 years without 
     payment of consideration. The lease agreement shall be 
     executed within 12 months after the date of enactment of this 
     Act.
       (2) The Administrator, in consultation with the Commandant, 
     may identify and describe the Leased Premises and rights of 
     access including, but not limited to, those listed below, in 
     order to allow the United States Coast Guard to operate and 
     perform missions, from and upon the Leased Premises:
       (A) the right of ingress and egress over the Naval Reserve 
     Pier property, including the pier and bulkhead, at any time, 
     without notice, for purposes of access to United States Coast 
     Guard vessels and performance of United States Coast Guard 
     missions and other mission-related activities;
       (B) the right to berth United States Coast Guard cutters or 
     other vessels as required, in the moorings along the east 
     side of the Naval Reserve Pier property, and the right to 
     attach floating docks which shall be owned and maintained at 
     the United States' sole cost and expense;
       (C) the right to operate, maintain, remove, relocate, or 
     replace an aid to navigation located upon, or to install any 
     aid to navigation upon, the Naval Reserve Pier property as 
     the Coast Guard, in its sole discretion, may determine is 
     needed for navigational purposes;
       (D) the right to occupy up to 3,000 gross square feet at 
     the Naval Reserve Pier Property for storage and office space, 
     which will be provided and constructed by the Corporation, at 
     the Corporation's sole cost and expense, and which will be 
     maintained, and utilities and other operating expenses paid 
     for, by the United States at its sole cost and expense;
        (E) the right to occupy up to 1200 gross square feet of 
     offsite storage in a location other than the Naval Reserve 
     Pier Property, which will be provided by the Corporation at 
     the Corporation's sole cost and expense, and which will be 
     maintained, and utilities and other operating expenses paid 
     for, by the United States at its sole cost and expense; and
       (F) the right for United States Coast Guard personnel to 
     park up to 60 vehicles, at no expense to the government, in 
     the Corporation's parking spaces on the Naval Reserve Pier 
     property or in parking spaces that the Corporation may secure 
     within 1,000 feet of the Naval Reserve Pier property or 
     within 1,000 feet of the Coast Guard Marine Safety Office 
     Portland. Spaces for no less than thirty vehicles shall be 
     located on the Naval Reserve Pier property.
       (3) The lease described in paragraph (1) may be renewed, at 
     the sole option of the United States, for additional lease 
     terms.
       (4) The United States may not sublease the Leased Premises 
     to a third party or use the Leased Premises for purposes 
     other than fulfilling the missions of the United States Coast 
     Guard and for other mission related activities.
       (5) In the event that the United States Coast Guard ceases 
     to use the Leased Premises, the Administrator, in 
     consultation with the Commandant, may terminate the lease 
     with the Corporation.
       (c) Improvement of Leased Premises.--
       (1) The Naval Reserve Pier property shall not be conveyed 
     until the Corporation enters into an agreement with the 
     United States, subject to the Commandant's design 
     specifications, project's schedule, and final project 
     approval, to replace the bulkhead and pier which connects to, 
     and provides access from, the bulkhead to the floating docks, 
     at the Corporation's sole cost and expense, on the east side 
     of the Naval Reserve Pier Property within 30 months from the 
     date of conveyance. The agreement to improve the leased 
     premises shall be executed within 12 months after the date of 
     enactment of this Act.
       (2) In addition to the improvements described in paragraph 
     (1), the Commandant is authorized to further improve the 
     Leased Premises during the lease term, at the United States' 
     sole cost and expense.
       (d) Utility Installation and Maintainance Obligations.--
       (1) The Naval Reserve Pier property shall not be conveyed 
     until the Corporation enters into an agreement with the 
     United States to allow the Unites States to operate and 
     maintain existing utility lines and related equipment, at the 
     United States' sole cost and expense. At such time as the 
     Corporation constructs its proposed public aquarium, the 
     Corporation shall replace existing utility lines and related 
     equipment and provide additional utility lines and equipment 
     capable of supporting a third 110-foot Coast Guard cutter, 
     with comparable, new, code compliant utility lines and 
     equipment at the Corporation's sole cost and expense, 
     maintain such utility lines and related equipment from an 
     agreed upon demarcation point, and make such utility lines 
     and equipment available for use by the United States, 
     provided that the United States pays for its use of utilities 
     at its sole cost and expense. The agreement concerning the 
     operation and maintenance of utility lines and equipment 
     shall be executed within 12 months after the date of 
     enactment of this Act.
       (2) The Naval Reserve Pier property shall not be conveyed 
     until the Corporation enters into an agreement with the 
     United States to maintain, at the Corporation's sole cost and 
     expense, the bulkhead and pier on the east side of the Naval 
     Reserve Pier property. The agreement concerning the 
     maintenance of the bulkhead and pier shall be executed within 
     12 months after the date of enactment of this Act.
       (3) The United States shall be required to maintain, at its 
     sole cost and expense, any Coast Guard active aid to 
     navigation located upon the Naval Reserve Pier Property.
       (e) Additional rights.--The conveyance of the Naval Reserve 
     Pier property shall be made subject to conditions the 
     Administrator or the Commandant consider necessary to ensure 
     that--
       (1) the Corporation shall not interfere or allow 
     interference, in any manner, with use of the Leased Premises 
     by the United States; and
       (2) the Corporation shall not interfere or allow 
     interference, in any manner, with any aid to navigation nor 
     hinder activities required for the operation and maintenance 
     of any aid to navigation, without the express written 
     permission of the head of the agency responsible for 
     operating and maintaining the aid to navigation.
       (f) Remedies and Reversionary Interest.--The Naval Reserve 
     Pier property, at the option of the Administrator, shall 
     revert to the United States and be placed under the 
     administrative control of the Administrator, if, and only if, 
     the Corporation fails to abide by any of the terms of this 
     section or any agreement entered into under subsection (b), 
     (c), or (d) of this section.
       (g) Liability of the Parties.--The liability of the United 
     States and the Corporation for any injury, death, or damage 
     to or loss of property occurring on the leased property shall 
     be determined with reference to existing State or Federal 
     law, as appropriate, and

[[Page S7930]]

     any such liability may not be modified or enlarged by this 
     Act or any agreement of the parties.
       (h) Expiration of Authority to Convey.--The authority to 
     convey the Naval Reserve Property under this section shall 
     expire 3 years after the date of enactment of this Act.
       (i) Definitions.--In this section:
       (1) Aid to Navigation.--The term ``aid to navigation'' 
     means equipment used for navigational purposed, including but 
     not limited to, a light, antenna, sound signal, electronic 
     navigation equipment, cameras, sensors power source, or other 
     related equipment which are operated or maintained by the 
     United States.
       (2) Corporation.--The term ``Corporation'' means the Gulf 
     of Maine Aquarium Development Corporation, its successors and 
     assigns.

     SEC. 503. TRANSFER OF COAST GUARD STATION SCITUATE TO THE 
                   NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION.

       (a) Authority to Transfer.
       (1) In General.--The Administrator of the General Services 
     Administration (Administrator), in consultation with the 
     Commandant, United States Coast Guard, may transfer, without 
     consideration, administrative jurisdiction, custody and 
     control over the Federal property, known as Coast Guard 
     Station Scituate, to the National Oceanic and Atmospheric 
     Administration (NOAA). Since the Federal agency actions 
     necessary to effectuate the administrative transfer of the 
     property will further the objectives of the National 
     Environmental Policy Act of 1969, P. L. 91-190 (42 U.S.C. 
     4321 et seq.) and the National Historic Preservation Act of 
     1966, P. L. 89-665 (16 U.S.C. 470 et seq.), procedures 
     applicable to agency actions under these laws are unnecessary 
     and shall not be required. Similarly, the Federal agency 
     actions necessary to effectuate the transfer of the property 
     will not be subject to the Stewart B. McKinney Homeless 
     Assistance Act, P. L. 100-77 (42 U.S.C. 11301 et seq.).
       (2) Identification of property.--The Administrator, in 
     consultation with the Commandant, may identify, describe, and 
     determine the property to be transferred under this 
     subsection.
       (b) Terms of Transfer.--The transfer of the property shall 
     be made subject to any conditions and reservations the 
     Administrator and the Commandant consider necessary to ensure 
     that
       (1) the transfer of the property to NOAA is contingent upon 
     the relocation of Coast Guard Station Scituate to a suitable 
     site;
       (2) there is reserved to the Coast Guard the right to 
     remove, relocate, or replace any aid to navigation located 
     upon, or install any aid to navigation upon, the property 
     transferred under this section as may be necessary for 
     navigational purposes; and
       (3) the Coast Guard shall have the right to enter the 
     property transferred under this section at any time, without 
     notice, for purposes of operating, maintaining, and 
     inspecting any aid to navigation. The transfer of the 
     property shall be made subject to the review and acceptance 
     of the property by NOAA.
       (c) Relocation of Station Scituate.--The Coast Guard may 
     lease land, including unimproved or vacant land, for a term 
     not to exceed 20 years, for the purpose of relocating Coast 
     Guard Station Scituate. The Coast Guard may improve the land 
     leased under paragraph (1) of this subsection.

     SEC. 504. HARBOR SAFETY COMMITTEES.

       (a) Study.--The Coast Guard shall study existing harbor 
     safety committees in the United States to identify--
       (1) strategies for gaining successful cooperation among the 
     various groups having an interest in the local port or 
     waterway;
       (2) organizational models that can be applied to new or 
     existing harbor safety committees or to prototype harbor 
     safety committees established under subsection (b);
       (3) technological assistance that will help harbor safety 
     committees overcome local impediments to safety, mobility, 
     environmental protection, and port security; and
       (4) recurring resources necessary to ensure the success of 
     harbor safety committees.
       (b) Prototype Committees.--The Coast Guard shall test the 
     feasibility of expanding the harbor safety committee concept 
     to small and medium-sized ports that are not generally served 
     by a harbor safety committee by establishing 1 or more 
     prototype harbor safety committees. In selecting a location 
     or locations for the establishment of a prototype harbor 
     safety committee, the Coast Guard shall--
       (1) consider the results of the study conducted under 
     subsection (a);
       (2) consider identified safety issues for a particular 
     port;
       (3) compare the potential benefits of establishing such a 
     committee with the burdens the establishment of such a 
     committee would impose on participating agencies and 
     organizations;
       (4) consider the anticipated level of support from 
     interested parties; and
       (5) take into account such other factors as may be 
     appropriate.
       (c) Effect on Existing Programs and State Law.--Nothing in 
     this section--
       (1) limits the scope or activities of harbor safety 
     committees in existence on the date of enactment of this Act;
       (2) precludes the establishment of new harbor safety 
     committees in locations not selected for the establishment of 
     a prototype committee under subsection (b); or
       (3) preempts State law.
       (d) Nonapplication of FACA.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) does not apply to harbor safety 
     committees established under this section or any other 
     provision of law.
       (e) Harbor Safety Committee Defined.--In this section, the 
     term ``harbor safety committee'' means a local coordinating 
     body--
       (1) whose responsibilities include recommending actions to 
     improve the safety of a port or waterway; and
       (2) the membership of which includes representatives of 
     government agencies, maritime labor and industry 
     organizations, environmental groups, and public interest 
     groups.

     SEC. 505. EXTENSION OF INTERIM AUTHORITY FOR DRY BULK CARGO 
                   RESIDUE DISPOSAL.

       Section 415(b)(2) of the Coast Guard Authorization Act of 
     1998 is amended by striking ``2002.'' and inserting 
     ``2003.''.

     SEC. 506. LIGHTHOUSE CONVEYANCE.

       Nothwithstanding any other provision of law, the conveyance 
     authorized by section 416(a)(1)(H) of Public Law 105-383 
     shall take place within 3 months after the date of enactment 
     of this Act. Notwithstanding the previous sentence, the 
     conveyance shall be subject to subsections (a)(2), (a)(3), 
     (b), and (c) of section 416 of Public Law 105-383.

     SEC. 507. FORMER COAST GUARD PROPERTY IN TRAVERSE CITY, 
                   MICHIGAN.

       Notwithstanding any other provision of law, and subject to 
     the availability of funds appropriated specifically for the 
     project, the Coast Guard is authorized to transfer funds in 
     an amount not to exceed $200,000 and project management 
     authority to the Traverse City Area Public School District 
     for the purposes of demolition and removal of the structure 
     commonly known as ``Building 402'' at former Coast Guard 
     property located in Traverse City, Michigan, and associated 
     site work. No such funds shall be transferred until the Coast 
     Guard receives a detailed, fixed price estimate from the 
     School District describing the nature and cost of the work to 
     be performed, and the Coast Guard shall transfer only that 
     amount of funds it and the School District consider necessary 
     to complete the project.

     SEC. 508. CONVEYANCE OF COAST GUARD PROPERTY IN MIDDLETOWN, 
                   CALIFORNIA.

       (a) Authority To Convey.--
       (1) In general.--The Administrator of General Services (in 
     this section referred to as the ``Administrator'') shall 
     promptly convey to Lake County, California (in this section 
     referred to as the ``County''), without consideration, all 
     right, title, and interest of the United States (subject to 
     subsection (c)) in and to the property described in 
     subsection (b).
       (2) Identification of property.--The Administrator, in 
     consultation with the Commandant of the Coast Guard, may 
     identify, describe, and determine the property to be conveyed 
     under this section.
       (b) Property Described.--
       (1) In general--The property referred to in subsection (a) 
     is such portion of the Coast Guard Loran Station Middletown 
     as has been reported to the General Services Administration 
     to be excess property, consisting of approximately 733.43 
     acres, and is comprised of all or part of tracts A-101, A-
     102, A-104, A-105, A-106, A-107, A-108, and A-111.
       (2) Survey.--The exact acreage and legal description of the 
     property conveyed under subsection (a), and any easements or 
     rights-of-way reserved by the United States under subsection 
     (c)(1), shall be determined by a survey satisfactory to the 
     Administrator. The cost of the survey shall be borne by the 
     County.
       (c) Conditions.--
       (1) In general.--In making the conveyance under subsection 
     (a), the Administrator shall--
       (A) reserve for the United States such existing rights-of-
     way for access and such easements as are necessary for 
     continued operation of the loran station;
       (B) preserve other existing easements for public roads and 
     highways, public utilities, irrigation ditches, railroads, 
     and pipelines; and
       (C) impose such other restrictions on use of the property 
     conveyed as are necessary to protect the continued operation 
     of the loran station.
       (2) Firebreaks and fence.--(A) The Administrator may not 
     convey any property under this section unless the County and 
     the Commandant of the Coast Guard enter into an agreement 
     with the Administrator under which the County is required, in 
     accordance with design specifications and maintenance 
     standards established by the Commandant--
       (i) to establish and construct within 6 months after the 
     date of the conveyance, and thereafter to maintain, 
     firebreaks on the property to be conveyed; and
       (ii) construct within 6 months after the date of 
     conveyance, and thereafter maintain, a fence approved by the 
     Commandant along the property line between the property 
     conveyed and adjoining Coast Guard property.
       (B) The agreement shall require that--
       (i) the County shall pay all costs of establishment, 
     construction, and maintenance of firebreaks under 
     subparagraph (A)(i); and
       (ii) the Commandant shall provide all materials needed to 
     construct a fence under subparagraph (A)(ii), and the County 
     shall pay all other costs of construction and maintenance of 
     the fence.
       (3) Covenants appurtenant.--The Administrator shall take 
     actions necessary to render the requirement to establish, 
     construct, and maintain firebreaks and a fence

[[Page S7931]]

     under paragraph (2) and other requirements and conditions 
     under paragraph (1), under the deed conveying the property to 
     the County, covenants that run with the land for the benefit 
     of land retained by the United States.
       (d) Reversionary Interest.--The real property conveyed 
     pursuant to this section, at the option of the Administrator, 
     shall revert to the United States and be placed under the 
     administrative control of the Administrator, if--
       (1) the County sells, conveys, assigns, exchanges, or 
     encumbers the property conveyed or any part thereof;
       (2) the County fails to maintain the property conveyed in a 
     manner consistent with the terms and conditions in subsection 
     (c);
       (3) the County conducts any commercial activities at the 
     property conveyed, or any part thereof, without approval of 
     the Secretary; or
       (4) at least 30 days before the reversion, the 
     Administrator provides written notice to the owner that the 
     property or any part thereof is needed for national security 
     purposes.

                      TITLE VI--JONES ACT WAIVERS

     SEC. 601. CERTIFICATES OF DOCUMENTATION.

       Notwithstanding section 27 of the Merchant Marine Act, 1920 
     (46 U.S.C. App. 883), section 8 of the Act of June 19, 1886 
     (24 Stat. 81, chapter 421; 46 U.S.C. App. 289), and sections 
     12106 and 12108 of title 46, United States Code, the 
     Secretary of Transportation may issue a certificate of 
     documentation with appropriate endorsement for employment in 
     the coastwise trade for the following vessels:
       (1) LOOKING GLASS, United States official number 925735.
       (2) YANKEE, United States official number 1076210.
       (3) LUCKY DOG, of St. Petersburg, Florida, State of Florida 
     registration number FLZP7569E373.
       (4) ENTERPRIZE, United States official number 1077571.
       (5) M/V SANDPIPER, United States official number 1079439.
       (6) FRITHA, United States official number 1085943.
       (7) PUFFIN, United States official number 697029.

     SEC. 602. CERTIFICATE OF DOCUMENTATION FOR THE EAGLE.

       Notwithstanding section 27 of the Merchant Marine Act, 1920 
     (46 U.S.C. App. 883), chapter 121 of title 46, United States 
     Code, and section 1 of the Act of May 28, 1906 (46 U.S.C. 
     App. 292), the Secretary of Transportation shall issue a 
     certificate of documentation with appropriate endorsement for 
     employment in the coastwise trade for the vessel EAGLE, hull 
     number BK--1754, United States official number 1091389 if the 
     vessel is--
       (1) owned by a State, a political subdivision of a State, 
     or a public authority chartered by a State;
       (2) if chartered, is chartered to a State, a political 
     subdivision of a State, or a public authority chartered by a 
     State;
       (3) is operated only in conjunction with--
       (A) scour jet operations; or
       (B) dredging services adjacent to facilities owned by the 
     State, political subdivision, or public authority; and
       (4) is externally identified clearly as a vessel of that 
     State, subdivision or authority.

           TITLE VII--CERTAIN ALASKAN CRUISE SHIP OPERATIONS

     SEC. 701. DISCHARGE OF UNTREATED SEWAGE.

       A cruise vessel operating in the waters of the Alexander 
     Archipelago shall not discharge any untreated sewage.

     SEC. 702. DISCHARGE OF TREATED SEWAGE.

       (a) Limit on Discharges of Treated Sewage.--A cruise vessel 
     operating in the waters of the Alexander Archipelago shall 
     not discharge any treated sewage unless the cruise vessel is 
     underway and is proceeding at not less than 4 knots.
       (b) Supplemental Rulemaking on Treated Sewage Discharge.--
     Additional regulations governing the discharge of treated 
     sewage may be promulgated taking into consideration any 
     studies conducted by any agency of the United States, and 
     recommendations made by the Cruise Ship Waste Disposal and 
     Management Executive Steering Committee convened by the 
     Alaska Department of Environmental Conservation.

     SEC. 703. DISCHARGES OF GRAYWATER.

       (a) Limit on Discharges of Graywater.--A cruise vessel 
     operating in the waters of the Alexander Archipelago shall 
     not discharge any graywater unless--
       (1) the cruise vessel is underway and is proceeding at not 
     less than four knots; and
       (2) the cruise vessel's graywater system is tested on a 
     frequency prescribed by the Secretary to verify that 
     discharges of graywater do not contain chemicals used in the 
     operation of the vessel (including photographic chemicals or 
     dry cleaning solvents) present in an amount that would 
     constitute a hazardous waste under part 261 of title 40, Code 
     of Federal Regulations, (or any successor regulation).
       (b) Supplemental Rulemaking on Graywater Discharges.--
     Additional regulations governing the discharge of graywater 
     may be promulgated after taking into consideration any 
     studies conducted by any agency of the United States, and 
     recommendations made by the Cruise Ship Waste Disposal and 
     Management Executive Steering Committee convened by the 
     Alaska Department of Environmental Conservation.

     SEC. 704. INSPECTION REGIME.

       (a) In General.--The Secretary shall incorporate into the 
     commercial vessel examination program an inspection regime 
     sufficient to verify that cruise vessels operating in the 
     waters of the Alexander Archipelago are in full compliance 
     with this title and any regulations issued thereunder, the 
     Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
     other applicable Federal laws and regulations, and all 
     applicable international treaty requirements.
       (b) Matters To Be Examined.--The inspection regime--
       (1) shall include--
       (A) examination of environmental compliance records and 
     procedures; and
       (B) inspection of the functionality and proper operation of 
     installed equipment for pollution abatement and controls; and
       (2) may include unannounced inspections of any aspect of 
     cruise vessel operations or equipment pertinent to the 
     verification under subsection (a) of this section.

     SEC. 705. STUDIES.

       Any agency of the United States undertaking a study of the 
     environmental impact of cruise vessel discharges of sewage, 
     treated sewage or graywater shall ensure that cruise vessel 
     operators, other United States agencies with jurisdiction 
     over cruise vessel operations, and affected coastal State 
     governments are provided an opportunity to review and comment 
     on such study prior to publication of the study, and shall 
     ensure that such study, if used as a basis for a rulemaking 
     governing the discharge or treatment of sewage, treated 
     sewage or graywater by cruise vessels, is subjected to a 
     scientific peer review process prior to the publication of 
     the proposed rule.

     SEC. 706. CRIMINAL PENALTIES.

       A person who knowingly violates section 701, 702(a), or 
     703(a), or any regulation promulgated pursuant to section 
     702(b) or 703(b), commits a class D felony. In the discretion 
     of the Court, an amount equal to not more than one-half of 
     such fine may be paid to the person giving information 
     leading to conviction.

     SEC. 707. CIVIL PENALTIES.

       (a) In General.--A person who is found by the Secretary, 
     after notice and an opportunity for a hearing, to have 
     violated section 701, 702(a), or 703(a), or any regulation 
     promulgated pursuant to section 702(b) or 703(b), shall be 
     liable to the United States for a civil penalty, not to 
     exceed $25,000 for each violation. Each day of a continuing 
     violation shall constitute a separate violation. The amount 
     of the civil penalty shall be assessed by the Secretary, or 
     his designee, by written notice. In determining the amount of 
     the penalty, the Secretary shall take into account the 
     nature, circumstances, extent, and gravity of the prohibited 
     acts committed and, with respect to the violator, the degree 
     of culpability, any history of prior offenses, ability to 
     pay, and other matters as justice may require. An amount 
     equal to not more than one-half of such penalties may be paid 
     by the Secretary to the person giving information leading to 
     the assessment of such penalties.
       (b) Abatement of Civil Penalties; Collection by Attorney 
     General.--The Secretary may compromise, modify or remit, with 
     or without conditions, any civil penalty which is subject to 
     assessment or which has been assessed under this section. If 
     any person fails to pay an assessment of a civil penalty 
     after it has become final, the Secretary may refer the matter 
     to the Attorney General of the United States for collection 
     in any appropriate district court of the United States.

     SEC. 708. LIABILITY IN REM; DISTRICT COURT JURISDICTION.

       A vessel operated in violation of this title is liable in 
     rem for any fine imposed under section 706 or civil penalty 
     assessed under section 707, and may be proceeded against in 
     the United States district court of any district in which the 
     vessel may be found.

     SEC. 709. VESSEL CLEARANCE OR PERMITS; REFUSAL OR REVOCATION; 
                   BOND OR OTHER SURETY.

       If any vessel subject to this title, its owner, operator, 
     or person in charge is liable for a fine or civil penalty 
     under this title, or if reasonable cause exists to believe 
     that the vessel, its owner, operator, or person in charge may 
     be subject to a fine or a civil penalty under this title, the 
     Secretary of the Treasury, upon the request of the Secretary, 
     shall refuse or revoke the clearance required by section 4197 
     of the Revised Statutes of the United States (46 U.S.C. App. 
     91). Clearance may be granted upon the filing of a bond or 
     other surety satisfactory to the Secretary.

     SEC. 710. REGULATIONS.

       The Secretary shall prescribe any regulations necessary to 
     carry out the provisions of this title.

     SEC. 711. DEFINITIONS.

       In this title:
       (1) Waters of the Alexander Archipelago.--The term ``waters 
     of the Alexander Archipelago'' means all waters under the 
     jurisdiction of the United States within Southeast Alaska and 
     contained within an area defined by a line beginning at Cape 
     Spencer Light and extending due south to Latitude 
     58 deg.07'15'' North, Longitude 136 deg.38'15'' West; thence 
     along a line 3 nautical miles seaward of the territorial sea 
     baseline to a point at the maritime border between the United 
     States and Canada at Latitude 54 deg.41'15'' North, Longitude 
     130 deg.53'00'' West; thence following that border to Mount 
     Fairweather; thence returning to Cape Spencer Light.
       (2) Cruise vessel.--
       (A) In general.--The term ``cruise vessel'' means a 
     commercial passenger vessel of

[[Page S7932]]

     greater than 10,000 gross tons, as measured under chapter 143 
     of title 46, United States Code, that does not regularly 
     carry vehicles or other cargo.
       (B) Exclusions.--The term ``cruise vessel'' does not 
     include a vessel operated by the Federal Government or the 
     government of a State.
       (3) Graywater.--
       (A) In general.--The term ``graywater'' means drainage from 
     a dishwasher, shower, laundry, bath, washbasin, or drinking 
     fountain.
       (B) Exclusions.--The term ``graywater'' does not include 
     drainage from a toilet, urinal, hospital, cargo or machinery 
     space.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.
       (5) Sewage.--The term ``sewage'' means human body wastes 
     and the wastes from toilets and other receptacles intended to 
     receive or retain body waste.
       (6) Treated sewage.--The term `treated sewage' means sewage 
     processed through a properly operating and approved marine 
     sanitation device meeting applicable regulatory standards and 
     requirements.
                                 ______
                                 

                   INTERCOUNTRY ADOPTION ACT OF 1999

                                 ______
                                 

                 HELMS (AND OTHERS) AMENDMENT NO. 4023

  Mr. CAMPBELL (for Mr. Helms (for himself, Ms. Landrieu, Mr. Ashcroft, 
Mr. Craig, Mr. Johnson, Mr. Smith of Oregon, and Mrs. Lincoln)) 
proposed an amendment to the bill (H.R. 2909) to provide for 
implementation by the United States of the Hague Convention on 
Protection of Children and Cooperation in Respect of Intercountry 
Adoption, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Intercountry Adoption Act of 2000''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.

                TITLE I--UNITED STATES CENTRAL AUTHORITY

Sec. 101. Designation of central authority.
Sec. 102. Responsibilities of the Secretary of State.
Sec. 103. Responsibilities of the Attorney General.
Sec. 104. Annual report on intercountry adoptions.

      TITLE II--PROVISIONS RELATING TO ACCREDITATION AND APPROVAL

Sec. 201. Accreditation or approval required in order to provide 
              adoption services in cases subject to the Convention.
Sec. 202. Process for accreditation and approval; role of accrediting 
              entities.
Sec. 203. Standards and procedures for providing accreditation or 
              approval.
Sec. 204. Secretarial oversight of accreditation and approval.
Sec. 205. State plan requirement.

  TITLE III--RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED STATES

Sec. 301. Adoptions of children immigrating to the United States.
Sec. 302. Immigration and Nationality Act amendments relating to 
              children adopted from Convention countries.
Sec. 303. Adoptions of children emigrating from the United States.

                TITLE IV--ADMINISTRATION AND ENFORCEMENT

Sec. 401. Access to Convention records.
Sec. 402. Documents of other Convention countries.
Sec. 403. Authorization of appropriations; collection of fees.
Sec. 404. Enforcement.

                      TITLE V--GENERAL PROVISIONS

Sec. 501. Recognition of Convention adoptions.
Sec. 502. Special rules for certain cases.
Sec. 503. Relationship to other laws.
Sec. 504. No private right of action.
Sec. 505. Effective dates; transition rule.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress recognizes--
       (1) the international character of the Convention on 
     Protection of Children and Co-operation in Respect of 
     Intercountry Adoption (done at The Hague on May 29, 1993), 
     and
       (2) the need for uniform interpretation and implementation 
     of the Convention in the United States and abroad,

     and therefore finds that enactment of a Federal law governing 
     adoptions and prospective adoptions subject to the Convention 
     involving United States residents is essential.
       (b) Purposes.--The purposes of this Act are--
       (1) to provide for implementation by the United States of 
     the Convention;
       (2) to protect the rights of, and prevent abuses against, 
     children, birth families, and adoptive parents involved in 
     adoptions (or prospective adoptions) subject to the 
     Convention, and to ensure that such adoptions are in the 
     children's best interests; and
       (3) to improve the ability of the Federal Government to 
     assist United States citizens seeking to adopt children from 
     abroad and residents of other countries party to the 
     Convention seeking to adopt children from the United States.

     SEC. 3. DEFINITIONS.

       As used in this Act:
       (1) Accredited agency.--The term ``accredited agency'' 
     means an agency accredited under title II to provide adoption 
     services in the United States in cases subject to the 
     Convention.
       (2) Accrediting entity.--The term ``accrediting entity'' 
     means an entity designated under section 202(a) to accredit 
     agencies and approve persons under title II.
       (3) Adoption service.--The term ``adoption service'' 
     means--
       (A) identifying a child for adoption and arranging an 
     adoption;
       (B) securing necessary consent to termination of parental 
     rights and to adoption;
       (C) performing a background study on a child or a home 
     study on a prospective adoptive parent, and reporting on such 
     a study;
       (D) making determinations of the best interests of a child 
     and the appropriateness of adoptive placement for the child;
       (E) post-placement monitoring of a case until final 
     adoption; and
       (F) where made necessary by disruption before final 
     adoption, assuming custody and providing child care or any 
     other social service pending an alternative placement.

     The term ``providing'', with respect to an adoption service, 
     includes facilitating the provision of the service.
       (4) Agency.--The term ``agency'' means any person other 
     than an individual.
       (5) Approved person.--The term ``approved person'' means a 
     person approved under title II to provide adoption services 
     in the United States in cases subject to the Convention.
       (6) Attorney general.--Except as used in section 404, the 
     term ``Attorney General'' means the Attorney General, acting 
     through the Commissioner of Immigration and Naturalization.
       (7) Central authority.--The term ``central authority'' 
     means the entity designated as such by any Convention country 
     under Article 6(1) of the Convention.
       (8) Central authority function.--The term ``central 
     authority function'' means any duty required to be carried 
     out by a central authority under the Convention.
       (9) Convention.--The term ``Convention'' means the 
     Convention on Protection of Children and Co-operation in 
     Respect of Intercountry Adoption, done at The Hague on May 
     29, 1993.
       (10) Convention adoption.--The term ``Convention adoption'' 
     means an adoption of a child resident in a foreign country 
     party to the Convention by a United States citizen, or an 
     adoption of a child resident in the United States by an 
     individual residing in another Convention country.
       (11) Convention record.--The term ``Convention record'' 
     means any item, collection, or grouping of information 
     contained in an electronic or physical document, an 
     electronic collection of data, a photograph, an audio or 
     video tape, or any other information storage medium of any 
     type whatever that contains information about a specific 
     past, current, or prospective Convention adoption (regardless 
     of whether the adoption was made final) that has been 
     preserved in accordance with section 401(a) by the Secretary 
     of State or the Attorney General.
       (12) Convention country.--The term ``Convention country'' 
     means a country party to the Convention.
       (13) Other convention country.--The term ``other Convention 
     country'' means a Convention country other than the United 
     States.
       (14) Person.--The term ``person'' shall have the meaning 
     provided in section 1 of title 1, United States Code, and 
     shall not include any agency of government or tribal 
     government entity.
       (15) Person with an ownership or control interest.--The 
     term ``person with an ownership or control interest'' has the 
     meaning given such term in section 1124(a)(3) of the Social 
     Security Act (42 U.S.C. 1320a-3).
       (16) Secretary.--The term ``Secretary'' means the Secretary 
     of State.
       (17) State.--The term ``State'' means the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     Commonwealth of the Northern Mariana Islands, Guam, and the 
     Virgin Islands.

                TITLE I--UNITED STATES CENTRAL AUTHORITY

     SEC. 101. DESIGNATION OF CENTRAL AUTHORITY.

       (a) In General.--For purposes of the Convention and this 
     Act--
       (1) the Department of State shall serve as the central 
     authority of the United States; and
       (2) the Secretary shall serve as the head of the central 
     authority of the United States.
       (b) Performance of Central Authority Functions.--
       (1) Except as otherwise provided in this Act, the Secretary 
     shall be responsible for the performance of all central 
     authority functions for the United States under the 
     Convention and this Act.
       (2) All personnel of the Department of State performing 
     core central authority functions in a professional capacity 
     in the Office of Children's Issues shall have a strong

[[Page S7933]]

     background in consular affairs, personal experience in 
     international adoptions, or professional experience in 
     international adoptions or child services.
       (c) Authority To Issue Regulations.--Except as otherwise 
     provided in this Act, the Secretary may prescribe such 
     regulations as may be necessary to carry out central 
     authority functions on behalf of the United States.

     SEC. 102. RESPONSIBILITIES OF THE SECRETARY OF STATE.

       (a) Liaison Responsibilities.--The Secretary shall have 
     responsibility for--
       (1) liaison with the central authorities of other 
     Convention countries; and
       (2) the coordination of activities under the Convention by 
     persons subject to the jurisdiction of the United States.
       (b) Information Exchange.--The Secretary shall be 
     responsible for--
       (1) providing the central authorities of other Convention 
     countries with information concerning--
       (A) accredited agencies and approved persons, agencies and 
     persons whose accreditation or approval has been suspended or 
     canceled, and agencies and persons who have been temporarily 
     or permanently debarred from accreditation or approval;
       (B) Federal and State laws relevant to implementing the 
     Convention; and
       (C) any other matters necessary and appropriate for 
     implementation of the Convention;
       (2) not later than the date of the entry into force of the 
     Convention for the United States (pursuant to Article 
     46(2)(a) of the Convention) and at least once during each 
     subsequent calendar year, providing to the central authority 
     of all other Convention countries a notice requesting the 
     central authority of each such country to specify any 
     requirements of such country regarding adoption, including 
     restrictions on the eligibility of persons to adopt, with 
     respect to which information on the prospective adoptive 
     parent or parents in the United States would be relevant;
       (3) making responses to notices under paragraph (2) 
     available to--
       (A) accredited agencies and approved persons; and
       (B) other persons or entities performing home studies under 
     section 201(b)(1);
       (4) ensuring the provision of a background report (home 
     study) on prospective adoptive parent or parents (pursuant to 
     the requirements of section 203(b)(1)(A)(ii)), through the 
     central authority of each child's country of origin, to the 
     court having jurisdiction over the adoption (or, in the case 
     of a child emigrating to the United States for the purpose of 
     adoption, to the competent authority in the child's country 
     of origin with responsibility for approving the child's 
     emigration) in adequate time to be considered prior to the 
     granting of such adoption or approval;
       (5) providing Federal agencies, State courts, and 
     accredited agencies and approved persons with an 
     identification of Convention countries and persons authorized 
     to perform functions under the Convention in each such 
     country; and
       (6) facilitating the transmittal of other appropriate 
     information to, and among, central authorities, Federal and 
     State agencies (including State courts), and accredited 
     agencies and approved persons.
       (c) Accreditation and Approval Responsibilities.--The 
     Secretary shall carry out the functions prescribed by the 
     Convention with respect to the accreditation of agencies and 
     the approval of persons to provide adoption services in the 
     United States in cases subject to the Convention as provided 
     in title II. Such functions may not be delegated to any other 
     Federal agency.
       (d) Additional Responsibilities.--The Secretary--
       (1) shall monitor individual Convention adoption cases 
     involving United States citizens; and
       (2) may facilitate interactions between such citizens and 
     officials of other Convention countries on matters relating 
     to the Convention in any case in which an accredited agency 
     or approved person is unwilling or unable to provide such 
     facilitation.
       (e) Establishment of Registry.--The Secretary and the 
     Attorney General shall jointly establish a case registry of 
     all adoptions involving immigration of children into the 
     United States and emigration of children from the United 
     States, regardless of whether the adoption occurs under the 
     Convention. Such registry shall permit tracking of pending 
     cases and retrieval of information on both pending and closed 
     cases.
       (f) Methods of Performing Responsibilities.--The Secretary 
     may--
       (1) authorize public or private entities to perform 
     appropriate central authority functions for which the 
     Secretary is responsible, pursuant to regulations or under 
     agreements published in the Federal Register; and
       (2) carry out central authority functions through grants 
     to, or contracts with, any individual or public or private 
     entity, except as may be otherwise specifically provided in 
     this Act.

     SEC. 103. RESPONSIBILITIES OF THE ATTORNEY GENERAL.

       In addition to such other responsibilities as are 
     specifically conferred upon the Attorney General by this Act, 
     the central authority functions specified in Article 14 of 
     the Convention (relating to the filing of applications by 
     prospective adoptive parents to the central authority of 
     their country of residence) shall be performed by the 
     Attorney General.

     SEC. 104. ANNUAL REPORT ON INTERCOUNTRY ADOPTIONS.

       (a) Reports Required.--Beginning one year after the date of 
     the entry into force of the Convention for the United States 
     and each year thereafter, the Secretary, in consultation with 
     the Attorney General and other appropriate agencies, shall 
     submit a report describing the activities of the central 
     authority of the United States under this Act during the 
     preceding year to the Committee on International Relations, 
     the Committee on Ways and Means, and the Committee on the 
     Judiciary of the House of Representatives and the Committee 
     on Foreign Relations, the Committee on Finance, and the 
     Committee on the Judiciary of the Senate.
       (b) Report Elements.--Each report under subsection (a) 
     shall set forth with respect to the year concerned, the 
     following:
       (1) The number of intercountry adoptions involving 
     immigration to the United States, regardless of whether the 
     adoption occurred under the Convention, including the country 
     from which each child emigrated, the State to which each 
     child immigrated, and the country in which the adoption was 
     finalized.
       (2) The number of intercountry adoptions involving 
     emigration from the United States, regardless of whether the 
     adoption occurred under the Convention, including the country 
     to which each child immigrated and the State from which each 
     child emigrated.
       (3) The number of Convention placements for adoption in the 
     United States that were disrupted, including the country from 
     which the child emigrated, the age of the child, the date of 
     the placement for adoption, the reasons for the disruption, 
     the resolution of the disruption, the agencies that handled 
     the placement for adoption, and the plans for the child, and 
     in addition, any information regarding disruption or 
     dissolution of adoptions of children from other countries 
     received pursuant to section 422(b)(14) of the Social 
     Security Act, as amended by section 205 of this Act.
       (4) The average time required for completion of a 
     Convention adoption, set forth by country from which the 
     child emigrated.
       (5) The current list of agencies accredited and persons 
     approved under this Act to provide adoption services.
       (6) The names of the agencies and persons temporarily or 
     permanently debarred under this Act, and the reasons for the 
     debarment.
       (7) The range of adoption fees charged in connection with 
     Convention adoptions involving immigration to the United 
     States and the median of such fees set forth by the country 
     of origin.
       (8) The range of fees charged for accreditation of agencies 
     and the approval of persons in the United States engaged in 
     providing adoption services under the Convention.

      TITLE II--PROVISIONS RELATING TO ACCREDITATION AND APPROVAL

     SEC. 201. ACCREDITATION OR APPROVAL REQUIRED IN ORDER TO 
                   PROVIDE ADOPTION SERVICES IN CASES SUBJECT TO 
                   THE CONVENTION.

       (a) In General.--Except as otherwise provided in this 
     title, no person may offer or provide adoption services in 
     connection with a Convention adoption in the United States 
     unless that person--
       (1) is accredited or approved in accordance with this 
     title; or
       (2) is providing such services through or under the 
     supervision and responsibility of an accredited agency or 
     approved person.
       (b) Exceptions.--Subsection (a) shall not apply to the 
     following:
       (1) Background studies and home studies.--The performance 
     of a background study on a child or a home study on a 
     prospective adoptive parent, or any report on any such study 
     by a social work professional or organization who is not 
     providing any other adoption service in the case, if the 
     background or home study is approved by an accredited agency.
       (2) Child welfare services.--The provision of a child 
     welfare service by a person who is not providing any other 
     adoption service in the case.
       (3) Legal services.--The provision of legal services by a 
     person who is not providing any adoption service in the case.
       (4) Prospective adoptive parents acting on own behalf.--The 
     conduct of a prospective adoptive parent on his or her own 
     behalf in the case, to the extent not prohibited by the law 
     of the State in which the prospective adoptive parent 
     resides.

     SEC. 202. PROCESS FOR ACCREDITATION AND APPROVAL; ROLE OF 
                   ACCREDITING ENTITIES.

       (a) Designation of Accrediting Entities.--
       (1) In general.--The Secretary shall enter into agreements 
     with one or more qualified entities under which such entities 
     will perform the duties described in subsection (b) in 
     accordance with the Convention, this title, and the 
     regulations prescribed under section 203, and upon entering 
     into each such agreement shall designate the qualified entity 
     as an accrediting entity.
       (2) Qualified entities.--In paragraph (1), the term 
     ``qualified entity'' means--
       (A) a nonprofit private entity that has expertise in 
     developing and administering standards for entities providing 
     child welfare services and that meets such other criteria as 
     the Secretary may by regulation establish; or

[[Page S7934]]

       (B) a public entity (other than a Federal entity), 
     including an agency or instrumentality of State government 
     having responsibility for licensing adoption agencies, that--
       (i) has expertise in developing and administering standards 
     for entities providing child welfare services;
       (ii) accredits only agencies located in the State in which 
     the public entity is located; and
       (iii) meets such other criteria as the Secretary may by 
     regulation establish.
       (b) Duties of Accrediting Entities.--The duties described 
     in this subsection are the following:
       (1) Accreditation and approval.--Accreditation of agencies, 
     and approval of persons, to provide adoption services in the 
     United States in cases subject to the Convention.
       (2) Oversight.--Ongoing monitoring of the compliance of 
     accredited agencies and approved persons with applicable 
     requirements, including review of complaints against such 
     agencies and persons in accordance with procedures 
     established by the accrediting entity and approved by the 
     Secretary.
       (3) Enforcement.--Taking of adverse actions (including 
     requiring corrective action, imposing sanctions, and refusing 
     to renew, suspending, or canceling accreditation or approval) 
     for noncompliance with applicable requirements, and notifying 
     the agency or person against whom adverse actions are taken 
     of the deficiencies necessitating the adverse action.
       (4) Data, records, and reports.--Collection of data, 
     maintenance of records, and reporting to the Secretary, the 
     United States central authority, State courts, and other 
     entities (including on persons and agencies granted or denied 
     approval or accreditation), to the extent and in the manner 
     that the Secretary requires.
       (c) Remedies for Adverse Action by Accrediting Entity.--
       (1) Correction of deficiency.--An agency or person who is 
     the subject of an adverse action by an accrediting entity may 
     re-apply for accreditation or approval (or petition for 
     termination of the adverse action) on demonstrating to the 
     satisfaction of the accrediting entity that the deficiencies 
     necessitating the adverse action have been corrected.
       (2) No other administrative review.--An adverse action by 
     an accrediting entity shall not be subject to administrative 
     review.
       (3) Judicial review.--An agency or person who is the 
     subject of an adverse action by an accrediting entity may 
     petition the United States district court in the judicial 
     district in which the agency is located or the person resides 
     to set aside the adverse action. The court shall review the 
     adverse action in accordance with section 706 of title 5, 
     United States Code, and for purposes of such review the 
     accrediting entity shall be considered an agency within the 
     meaning of section 701 of such title.
       (d) Fees.--The amount of fees assessed by accrediting 
     entities for the costs of accreditation shall be subject to 
     approval by the Secretary. Such fees may not exceed the costs 
     of accreditation. In reviewing the level of such fees, the 
     Secretary shall consider the relative size of, the geographic 
     location of, and the number of Convention adoption cases 
     managed by the agencies or persons subject to accreditation 
     or approval by the accrediting entity.

     SEC. 203. STANDARDS AND PROCEDURES FOR PROVIDING 
                   ACCREDITATION OR APPROVAL.

       (a) In General.--
       (1) Promulgation of regulations.--The Secretary, shall, by 
     regulation, prescribe the standards and procedures to be used 
     by accrediting entities for the accreditation of agencies and 
     the approval of persons to provide adoption services in the 
     United States in cases subject to the Convention.
       (2) Consideration of views.--In developing such 
     regulations, the Secretary shall consider any standards or 
     procedures developed or proposed by, and the views of, 
     individuals and entities with interest and expertise in 
     international adoptions and family social services, including 
     public and private entities with experience in licensing and 
     accrediting adoption agencies.
       (3) Applicability of notice and comment rules.--Subsections 
     (b), (c), and (d) of section 553 of title 5, United States 
     Code, shall apply in the development and issuance of 
     regulations under this section.
       (b) Minimum Requirements.--
       (1) Accreditation.--The standards prescribed under 
     subsection (a) shall include the requirement that 
     accreditation of an agency may not be provided or continued 
     under this title unless the agency meets the following 
     requirements:
       (A) Specific requirements.--
       (i) The agency provides prospective adoptive parents of a 
     child in a prospective Convention adoption a copy of the 
     medical records of the child (which, to the fullest extent 
     practicable, shall include an English-language translation of 
     such records) on a date which is not later than the earlier 
     of the date that is 2 weeks before (I) the adoption, or (II) 
     the date on which the prospective parents travel to a foreign 
     country to complete all procedures in such country relating 
     to the adoption.
       (ii) The agency ensures that a thorough background report 
     (home study) on the prospective adoptive parent or parents 
     has been completed in accordance with the Convention and with 
     applicable Federal and State requirements and transmitted to 
     the Attorney General with respect to each Convention 
     adoption. Each such report shall include a criminal 
     background check and a full and complete statement of all 
     facts relevant to the eligibility of the prospective adopting 
     parent or parents to adopt a child under any requirements 
     specified by the central authority of the child's country of 
     origin under section 102(b)(3), including, in the case of a 
     child emigrating to the United States for the purpose of 
     adoption, the requirements of the child's country of origin 
     applicable to adoptions taking place in such country. For 
     purposes of this clause, the term ``background report (home 
     study)'' includes any supplemental statement submitted by the 
     agency to the Attorney General for the purpose of providing 
     information relevant to any requirements specified by the 
     child's country of origin.
       (iii) The agency provides prospective adoptive parents with 
     a training program that includes counseling and guidance for 
     the purpose of promoting a successful intercountry adoption 
     before such parents travel to adopt the child or the child is 
     placed with such parents for adoption.
       (iv) The agency employs personnel providing intercountry 
     adoption services on a fee for service basis rather than on a 
     contingent fee basis.
       (v) The agency discloses fully its policies and practices, 
     the disruption rates of its placements for intercountry 
     adoption, and all fees charged by such agency for 
     intercountry adoption.
       (B) Capacity to provide adoption services.--The agency has, 
     directly or through arrangements with other persons, a 
     sufficient number of appropriately trained and qualified 
     personnel, sufficient financial resources, appropriate 
     organizational structure, and appropriate procedures to 
     enable the agency to provide, in accordance with this Act, 
     all adoption services in cases subject to the Convention.
       (C) Use of social service professionals.--The agency has 
     established procedures designed to ensure that social service 
     functions requiring the application of clinical skills and 
     judgment are performed only by professionals with appropriate 
     qualifications and credentials.
       (D) Records, reports, and information matters.--The agency 
     is capable of--
       (i) maintaining such records and making such reports as may 
     be required by the Secretary, the United States central 
     authority, and the accrediting entity that accredits the 
     agency;
       (ii) cooperating with reviews, inspections, and audits;
       (iii) safeguarding sensitive individual information; and
       (iv) complying with other requirements concerning 
     information management necessary to ensure compliance with 
     the Convention, this Act, and any other applicable law.
       (E) Liability insurance.--The agency agrees to have in 
     force adequate liability insurance for professional 
     negligence and any other insurance that the Secretary 
     considers appropriate.
       (F) Compliance with applicable rules.--The agency has 
     established adequate measures to comply (and to ensure 
     compliance of their agents and clients) with the Convention, 
     this Act, and any other applicable law.
       (G) Nonprofit organization with state license to provide 
     adoption services.--The agency is a private nonprofit 
     organization licensed to provide adoption services in at 
     least one State.
       (2) Approval.--The standards prescribed under subsection 
     (a) shall include the requirement that a person shall not be 
     approved under this title unless the person is a private for-
     profit entity that meets the requirements of subparagraphs 
     (A) through (F) of paragraph (1) of this subsection.
       (3) Renewal of accreditation or approval.--The standards 
     prescribed under subsection (a) shall provide that the 
     accreditation of an agency or approval of a person under this 
     title shall be for a period of not less than 3 years and not 
     more than 5 years, and may be renewed on a showing that the 
     agency or person meets the requirements applicable to 
     original accreditation or approval under this title.
       (c) Temporary Registration of Community Based Agencies.--
       (1) One-year registration period for medium community based 
     agencies.--For a 1-year period after the entry into force of 
     the Convention and notwithstanding subsection (b), the 
     Secretary may provide, in regulations issued pursuant to 
     subsection (a), that an agency may register with the 
     Secretary and be accredited to provide adoption services in 
     the United States in cases subject to the Convention during 
     such period if the agency has provided adoption services in 
     fewer than 100 intercountry adoptions in the preceding 
     calendar year and meets the criteria described in paragraph 
     (3).
       (2) Two-year registration period for small community-based 
     agencies.--For a 2-year period after the entry into force of 
     the Convention and notwithstanding subsection (b), the 
     Secretary may provide, in regulations issued pursuant to 
     subsection (a), that an agency may register with the 
     Secretary and be accredited to provide adoption services in 
     the United States in cases subject to the Convention during 
     such period if the agency has provided adoption services in 
     fewer than 50 intercountry adoptions in the preceding 
     calendar year and meets the criteria described in paragraph 
     (3).

[[Page S7935]]

       (3) Criteria for registration.--Agencies registered under 
     this subsection shall meet the following criteria:
       (A) The agency is licensed in the State in which it is 
     located and is a nonprofit agency.
       (B) The agency has been providing adoption services in 
     connection with intercountry adoptions for at least 3 years.
       (C) The agency has demonstrated that it will be able to 
     provide the United States Government with all information 
     related to the elements described in section 104(b) and 
     provides such information.
       (D) The agency has initiated the process of becoming 
     accredited under the provisions of this Act and is actively 
     taking steps to become an accredited agency.
       (E) The agency has not been found to be involved in any 
     improper conduct relating to intercountry adoptions.

     SEC. 204. SECRETARIAL OVERSIGHT OF ACCREDITATION AND 
                   APPROVAL.

       (a) Oversight of Accrediting Entities.--The Secretary 
     shall--
       (1) monitor the performance by each accrediting entity of 
     its duties under section 202 and its compliance with the 
     requirements of the Convention, this Act, other applicable 
     laws, and implementing regulations under this Act; and
       (2) suspend or cancel the designation of an accrediting 
     entity found to be substantially out of compliance with the 
     Convention, this Act, other applicable laws, or implementing 
     regulations under this Act.
       (b) Suspension or Cancellation of Accreditation or 
     Approval.--
       (1) Secretary's authority.--The Secretary shall suspend or 
     cancel the accreditation or approval granted by an 
     accrediting entity to an agency or person pursuant to section 
     202 when the Secretary finds that--
       (A) the agency or person is substantially out of compliance 
     with applicable requirements; and
       (B) the accrediting entity has failed or refused, after 
     consultation with the Secretary, to take appropriate 
     enforcement action.
       (2) Correction of deficiency.--At any time when the 
     Secretary is satisfied that the deficiencies on the basis of 
     which an adverse action is taken under paragraph (1) have 
     been corrected, the Secretary shall--
       (A) notify the accrediting entity that the deficiencies 
     have been corrected; and
       (B)(i) in the case of a suspension, terminate the 
     suspension; or
       (ii) in the case of a cancellation, notify the agency or 
     person that the agency or person may re-apply to the 
     accrediting entity for accreditation or approval.
       (c) Debarment.--
       (1) Secretary's authority.--On the initiative of the 
     Secretary, or on request of an accrediting entity, the 
     Secretary may temporarily or permanently debar an agency from 
     accreditation or a person from approval under this title, but 
     only if--
       (A) there is substantial evidence that the agency or person 
     is out of compliance with applicable requirements; and
       (B) there has been a pattern of serious, willful, or 
     grossly negligent failures to comply or other aggravating 
     circumstances indicating that continued accreditation or 
     approval would not be in the best interests of the children 
     and families concerned.
       (2) Period of debarment.--The Secretary's debarment order 
     shall state whether the debarment is temporary or permanent. 
     If the debarment is temporary, the Secretary shall specify a 
     date, not earlier than 3 years after the date of the order, 
     on or after which the agency or person may apply to the 
     Secretary for withdrawal of the debarment.
       (3) Effect of debarment.--An accrediting entity may take 
     into account the circumstances of the debarment of an agency 
     or person that has been debarred pursuant to this subsection 
     in considering any subsequent application of the agency or 
     person, or of any other entity in which the agency or person 
     has an ownership or control interest, for accreditation or 
     approval under this title.
       (d) Judicial Review.--A person (other than a prospective 
     adoptive parent), an agency, or an accrediting entity who is 
     the subject of a final action of suspension, cancellation, or 
     debarment by the Secretary under this title may petition the 
     United States District Court for the District of Columbia or 
     the United States district court in the judicial district in 
     which the person resides or the agency or accrediting entity 
     is located to set aside the action. The court shall review 
     the action in accordance with section 706 of title 5, United 
     States Code.
       (e) Failure To Ensure a Full and Complete Home Study.--
       (1) In general.--Willful, grossly negligent, or repeated 
     failure to ensure the completion and transmission of a 
     background report (home study) that fully complies with the 
     requirements of section 203(b)(1)(A)(ii) shall constitute 
     substantial noncompliance with applicable requirements.
       (2) Regulations.--Regulations promulgated under section 203 
     shall provide for--
       (A) frequent and careful monitoring of compliance by 
     agencies and approved persons with the requirements of 
     section 203(b)(A)(ii); and
       (B) consultation between the Secretary and the accrediting 
     entity where an agency or person has engaged in substantial 
     noncompliance with the requirements of section 203(b)(A)(ii), 
     unless the accrediting entity has taken appropriate 
     corrective action and the noncompliance has not recurred.
       (3) Repeated failures to comply.--Repeated serious, 
     willful, or grossly negligent failures to comply with the 
     requirements of section 203(b)(1)(A)(ii) by an agency or 
     person after consultation between Secretary and the 
     accrediting entity with respect to previous noncompliance by 
     such agency or person shall constitute a pattern of serious, 
     willful, or grossly negligent failures to comply under 
     subsection (c)(1)(B).
       (4) Failure to comply with certain requirements.--A failure 
     to comply with the requirements of section 203(b)(1)(A)(ii) 
     shall constitute a serious failure to comply under subsection 
     (c)(1)(B) unless it is shown by clear and convincing evidence 
     that such noncompliance had neither the purpose nor the 
     effect of determining the outcome of a decision or proceeding 
     by a court or other competent authority in the United States 
     or the child's country of origin.

     SEC. 205. STATE PLAN REQUIREMENT.

       Section 422(b) of the Social Security Act (42 U.S.C. 
     622(b)) is amended--
       (1) in paragraph (11), by striking ``and'' at the end;
       (2) in paragraph (12), by striking ``children.'' and 
     inserting ``children;''; and
       (3) by adding at the end the following new paragraphs:
       ``(13) contain a description of the activities that the 
     State has undertaken for children adopted from other 
     countries, including the provision of adoption and post-
     adoption services; and
       ``(14) provide that the State shall collect and report 
     information on children who are adopted from other countries 
     and who enter into State custody as a result of the 
     disruption of a placement for adoption or the dissolution of 
     an adoption, including the number of children, the agencies 
     who handled the placement or adoption, the plans for the 
     child, and the reasons for the disruption or dissolution.''.

  TITLE III--RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED STATES

     SEC. 301. ADOPTIONS OF CHILDREN IMMIGRATING TO THE UNITED 
                   STATES.

       (a) Legal Effect of Certificates Issued by the Secretary of 
     State.--
       (1) Issuance of certificates by the secretary of state.--
     The Secretary of State shall, with respect to each Convention 
     adoption, issue a certificate to the adoptive citizen parent 
     domiciled in the United States that the adoption has been 
     granted or, in the case of a prospective adoptive citizen 
     parent, that legal custody of the child has been granted to 
     the citizen parent for purposes of emigration and adoption, 
     pursuant to the Convention and this Act, if the Secretary of 
     State--
       (A) receives appropriate notification from the central 
     authority of such child's country of origin; and
       (B) has verified that the requirements of the Convention 
     and this Act have been met with respect to the adoption.
       (2) Legal effect of certificates.--If appended to an 
     original adoption decree, the certificate described in 
     paragraph (1) shall be treated by Federal and State agencies, 
     courts, and other public and private persons and entities as 
     conclusive evidence of the facts certified therein and shall 
     constitute the certification required by section 204(d)(2) of 
     the Immigration and Nationality Act, as amended by this Act.
       (b) Legal Effect of Convention Adoption Finalized in 
     Another Convention Country.--A final adoption in another 
     Convention country, certified by the Secretary of State 
     pursuant to subsection (a) of this section or section 303(c), 
     shall be recognized as a final valid adoption for purposes of 
     all Federal, State, and local laws of the United States.
       (c) Condition on Finalization of Convention Adoption by 
     State Court.--In the case of a child who has entered the 
     United States from another Convention country for the purpose 
     of adoption, an order declaring the adoption final shall not 
     be entered unless the Secretary of State has issued the 
     certificate provided for in subsection (a) with respect to 
     the adoption.

     SEC. 302. IMMIGRATION AND NATIONALITY ACT AMENDMENTS RELATING 
                   TO CHILDREN ADOPTED FROM CONVENTION COUNTRIES.

       (a) Definition of Child.--Section 101(b)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) is 
     amended--
       (1) by striking ``or'' at the end of subparagraph (E);
       (2) by striking the period at the end of subparagraph (F) 
     and inserting ``; or''; and
       (3) by adding after subparagraph (F) the following new 
     subparagraph:
       ``(G) a child, under the age of sixteen at the time a 
     petition is filed on the child's behalf to accord a 
     classification as an immediate relative under section 201(b), 
     who has been adopted in a foreign state that is a party to 
     the Convention on Protection of Children and Co-operation in 
     Respect of Intercountry Adoption done at The Hague on May 29, 
     1993, or who is emigrating from such a foreign state to be 
     adopted in the United States, by a United States citizen and 
     spouse jointly, or by an unmarried United States citizen at 
     least twenty-five years of age--
       ``(i) if--
       ``(I) the Attorney General is satisfied that proper care 
     will be furnished the child if admitted to the United States;
       ``(II) the child's natural parents (or parent, in the case 
     of a child who has one sole or surviving parent because of 
     the death or disappearance of, abandonment or desertion by, 
     the other parent), or other persons or institutions that 
     retain legal custody of the

[[Page S7936]]

     child, have freely given their written irrevocable consent to 
     the termination of their legal relationship with the child, 
     and to the child's emigration and adoption;
       ``(III) in the case of a child having two living natural 
     parents, the natural parents are incapable of providing 
     proper care for the child;
       ``(IV) the Attorney General is satisfied that the purpose 
     of the adoption is to form a bona fide parent-child 
     relationship, and the parent-child relationship of the child 
     and the biological parents has been terminated; and
       ``(V) in the case of a child who has not been adopted--

       ``(aa) the competent authority of the foreign state has 
     approved the child's emigration to the United States for the 
     purpose of adoption by the prospective adoptive parent or 
     parents; and
       ``(bb) the prospective adoptive parent or parents has or 
     have complied with any pre-adoption requirements of the 
     child's proposed residence; and

       ``(ii) except that no natural parent or prior adoptive 
     parent of any such child shall thereafter, by virtue of such 
     parentage, be accorded any right, privilege, or status under 
     this Act.''.
       (b) Approval of Petitions.--Section 204(d) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(d)) is 
     amended--
       (1) by striking ``(d)'' and inserting ``(d)(1)'';
       (2) by striking ``section 101(b)(1)(F)'' and inserting 
     ``subparagraph (F) or (G) of section 101(b)(1)''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Notwithstanding the provisions of subsections (a) and 
     (b), no petition may be approved on behalf of a child defined 
     in section 101(b)(1)(G) unless the Secretary of State has 
     certified that the central authority of the child's country 
     of origin has notified the United States central authority 
     under the convention referred to in such section 101(b)(1)(G) 
     that a United States citizen habitually resident in the 
     United States has effected final adoption of the child, or 
     has been granted custody of the child for the purpose of 
     emigration and adoption, in accordance with such convention 
     and the Intercountry Adoption Act of 2000.''.
       (c) Definition of Parent.--Section 101(b)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(b)(2)) is 
     amended by inserting ``and paragraph (1)(G)(i)'' after 
     ``second proviso therein)''.
       

     SEC. 303. ADOPTIONS OF CHILDREN EMIGRATING FROM THE UNITED 
                   STATES.

       (a) Duties of Accredited Agency or Approved Person.--In the 
     case of a Convention adoption involving the emigration of a 
     child residing in the United States to a foreign country, the 
     accredited agency or approved person providing adoption 
     services, or the prospective adoptive parent or parents 
     acting on their own behalf (if permitted by the laws of such 
     other Convention country in which they reside and the laws of 
     the State in which the child resides), shall do the 
     following:
       (1) Ensure that, in accordance with the Convention--
       (A) a background study on the child is completed;
       (B) the accredited agency or approved person--
       (i) has made reasonable efforts to actively recruit and 
     make a diligent search for prospective adoptive parents to 
     adopt the child in the United States; and
       (ii) despite such efforts, has not been able to place the 
     child for adoption in the United States in a timely manner; 
     and
       (C) a determination is made that placement with the 
     prospective adoptive parent or parents is in the best 
     interests of the child.
       (2) Furnish to the State court with jurisdiction over the 
     case--
       (A) documentation of the matters described in paragraph 
     (1);
       (B) a background report (home study) on the prospective 
     adoptive parent or parents (including a criminal background 
     check) prepared in accordance with the laws of the receiving 
     country; and
       (C) a declaration by the central authority (or other 
     competent authority) of such other Convention country--
       (i) that the child will be permitted to enter and reside 
     permanently, or on the same basis as the adopting parent, in 
     the receiving country; and
       (ii) that the central authority (or other competent 
     authority) of such other Convention country consents to the 
     adoption, if such consent is necessary under the laws of such 
     country for the adoption to become final.
       (3) Furnish to the United States central authority--
       (A) official copies of State court orders certifying the 
     final adoption or grant of custody for the purpose of 
     adoption;
       (B) the information and documents described in paragraph 
     (2), to the extent required by the United States central 
     authority; and
       (C) any other information concerning the case required by 
     the United States central authority to perform the functions 
     specified in subsection (c) or otherwise to carry out the 
     duties of the United States central authority under the 
     Convention.
       (b) Conditions on State Court Orders.--An order declaring 
     an adoption to be final or granting custody for the purpose 
     of adoption in a case described in subsection (a) shall not 
     be entered unless the court--
       (1) has received and verified to the extent the court may 
     find necessary--
       (A) the material described in subsection (a)(2); and
       (B) satisfactory evidence that the requirements of Articles 
     4 and 15 through 21 of the Convention have been met; and
       (2) has determined that the adoptive placement is in the 
     best interests of the child.
       (c) Duties of the Secretary of State.--In a case described 
     in subsection (a), the Secretary, on receipt and verification 
     as necessary of the material and information described in 
     subsection (a)(3), shall issue, as applicable, an official 
     certification that the child has been adopted or a 
     declaration that custody for purposes of adoption has been 
     granted, in accordance with the Convention and this Act.
       (d) Filing with Registry Regarding Nonconvention 
     Adoptions.--Accredited agencies, approved persons, and other 
     persons, including governmental authorities, providing 
     adoption services in an intercountry adoption not subject to 
     the Convention that involves the emigration of a child from 
     the United States shall file information required by 
     regulations jointly issued by the Attorney General and the 
     Secretary of State for purposes of implementing section 
     102(e).

                TITLE IV--ADMINISTRATION AND ENFORCEMENT

     SEC. 401. ACCESS TO CONVENTION RECORDS.

       (a) Preservation of Convention Records.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary, in consultation 
     with the Attorney General, shall issue regulations that 
     establish procedures and requirements in accordance with the 
     Convention and this section for the preservation of 
     Convention records.
       (2) Applicability of notice and comment rules.--Subsections 
     (b), (c), and (d) of section 553 of title 5, United States 
     Code, shall apply in the development and issuance of 
     regulations under this section.
       (b) Access to Convention Records.--
       (1) Prohibition.--Except as provided in paragraph (2), the 
     Secretary or the Attorney General may disclose a Convention 
     record, and access to such a record may be provided in whole 
     or in part, only if such record is maintained under the 
     authority of the Immigration and Nationality Act and 
     disclosure of, or access to, such record is permitted or 
     required by applicable Federal law.
       (2) Exception for administration of the convention.--A 
     Convention record may be disclosed, and access to such a 
     record may be provided, in whole or in part, among the 
     Secretary, the Attorney General, central authorities, 
     accredited agencies, and approved persons, only to the extent 
     necessary to administer the Convention or this Act.
       (3) Penalties for unlawful disclosure.--Unlawful disclosure 
     of all or part of a Convention record shall be punishable in 
     accordance with applicable Federal law.
       (c) Access to Non-Convention Records.--Disclosure of, 
     access to, and penalties for unlawful disclosure of, adoption 
     records that are not Convention records, including records of 
     adoption proceedings conducted in the United States, shall be 
     governed by applicable State law.

     SEC. 402. DOCUMENTS OF OTHER CONVENTION COUNTRIES.

       Documents originating in any other Convention country and 
     related to a Convention adoption case shall require no 
     authentication in order to be admissible in any Federal, 
     State, or local court in the United States, unless a specific 
     and supported claim is made that the documents are false, 
     have been altered, or are otherwise unreliable.

     SEC. 403. AUTHORIZATION OF APPROPRIATIONS; COLLECTION OF 
                   FEES.

       (a) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     such sums as may be necessary to agencies of the Federal 
     Government implementing the Convention and the provisions of 
     this Act.
       (2) Availability of funds.--Amounts appropriated pursuant 
     to paragraph (1) are authorized to remain available until 
     expended.
       (b) Assessment of Fees.--
       (1) The Secretary may charge a fee for new or enhanced 
     services that will be undertaken by the Department of State 
     to meet the requirements of this Act with respect to 
     intercountry adoptions under the Convention and comparable 
     services with respect to other intercountry adoptions. Such 
     fee shall be prescribed by regulation and shall not exceed 
     the cost of such services.
       (2) Fees collected under paragraph (1) shall be retained 
     and deposited as an offsetting collection to any Department 
     of State appropriation to recover the costs of providing such 
     services.
       (3) Fees authorized under this section shall be available 
     for obligation only to the extent and in the amount provided 
     in advance in appropriations Acts.
       (c) Restriction.--No funds collected under the authority of 
     this section may be made available to an accrediting entity 
     to carry out the purposes of this Act.

     SEC. 404. ENFORCEMENT.

       (a) Civil Penalties.--Any person who--
       (1) violates section 201;
       (2) makes a false or fraudulent statement, or 
     misrepresentation, with respect to a material fact, or 
     offers, gives, solicits, or accepts inducement by way of 
     compensation, intended to influence or affect in the United 
     States or a foreign country--
       (A) a decision by an accrediting entity with respect to the 
     accreditation of an agency or approval of a person under 
     title II;

[[Page S7937]]

       (B) the relinquishment of parental rights or the giving of 
     parental consent relating to the adoption of a child in a 
     case subject to the Convention; or
       (C) a decision or action of any entity performing a central 
     authority function; or
       (3) engages another person as an agent, whether in the 
     United States or in a foreign country, who in the course of 
     that agency takes any of the actions described in paragraph 
     (1) or (2),

     shall be subject, in addition to any other penalty that may 
     be prescribed by law, to a civil money penalty of not more 
     than $50,000 for a first violation, and not more than 
     $100,000 for each succeeding violation.
       (b) Civil Enforcement.--
       (1) Authority of attorney general.--The Attorney General 
     may bring a civil action to enforce subsection (a) against 
     any person in any United States district court.
       (2) Factors to be considered in imposing penalties.--In 
     imposing penalties the court shall consider the gravity of 
     the violation, the degree of culpability of the defendant, 
     and any history of prior violations by the defendant.
       (c) Criminal Penalties.--Whoever knowingly and willfully 
     violates paragraph (1) or (2) of subsection (a) shall be 
     subject to a fine of not more than $250,000, imprisonment for 
     not more than 5 years, or both.

                      TITLE V--GENERAL PROVISIONS

     SEC. 501. RECOGNITION OF CONVENTION ADOPTIONS.

       Subject to Article 24 of the Convention, adoptions 
     concluded between two other Convention countries that meet 
     the requirements of Article 23 of the Convention and that 
     became final before the date of entry into force of the 
     Convention for the United States shall be recognized 
     thereafter in the United States and given full effect. Such 
     recognition shall include the specific effects described in 
     Article 26 of the Convention.

     SEC. 502. SPECIAL RULES FOR CERTAIN CASES.

       (a) Authority To Establish Alternative Procedures for 
     Adoption of Children by Relatives.--To the extent consistent 
     with the Convention, the Secretary may establish by 
     regulation alternative procedures for the adoption of 
     children by individuals related to them by blood, marriage, 
     or adoption, in cases subject to the Convention.
       (b) Waiver Authority.--
       (1) In general.--Notwithstanding any other provision of 
     this Act, to the extent consistent with the Convention, the 
     Secretary may, on a case-by-case basis, waive applicable 
     requirements of this Act or regulations issued under this 
     Act, in the interests of justice or to prevent grave physical 
     harm to the child.
       (2) Nondelegation.--The authority provided by paragraph (1) 
     may not be delegated.

     SEC. 503. RELATIONSHIP TO OTHER LAWS.

       (a) Preemption of Inconsistent State Law.--The Convention 
     and this Act shall not be construed to preempt any provision 
     of the law of any State or political subdivision thereof, or 
     prevent a State or political subdivision thereof from 
     enacting any provision of law with respect to the subject 
     matter of the Convention or this Act, except to the extent 
     that such provision of State law is inconsistent with the 
     Convention or this Act, and then only to the extent of the 
     inconsistency.
       (b) Applicability of the Indian Child Welfare Act.--The 
     Convention and this Act shall not be construed to affect the 
     application of the Indian Child Welfare Act of 1978 (25 
     U.S.C. 1901 et seq.).
       (c) Relationship to Other Laws.--Sections 3506(c), 3507, 
     and 3512 of title 44, United States Code, shall not apply to 
     information collection for purposes of sections 104, 
     202(b)(4), and 303(d) of this Act or for use as a Convention 
     record as defined in this Act.

     SEC. 504. NO PRIVATE RIGHT OF ACTION.

       The Convention and this Act shall not be construed to 
     create a private right of action to seek administrative or 
     judicial relief, except to the extent expressly provided in 
     this Act.

     SEC. 505. EFFECTIVE DATES; TRANSITION RULE.

       (a) Effective Dates.--
       (1) Provisions effective upon enactment.--Sections 2, 3, 
     101 through 103, 202 through 205, 401(a), 403, 503, and 
     505(a) shall take effect on the date of the enactment of this 
     Act.
       (2) Provisions effective upon the entry into force of the 
     convention.--Subject to subsection (b), the provisions of 
     this Act not specified in paragraph (1) shall take effect 
     upon the entry into force of the Convention for the United 
     States pursuant to Article 46(2)(a) of the Convention.
       (b) Transition Rule.--The Convention and this Act shall not 
     apply--
       (1) in the case of a child immigrating to the United 
     States, if the application for advance processing of an 
     orphan petition or petition to classify an orphan as an 
     immediate relative for the child is filed before the 
     effective date described in subsection (a)(2); or
       (2) in the case of a child emigrating from the United 
     States, if the prospective adoptive parents of the child 
     initiated the adoption process in their country of residence 
     with the filing of an appropriate application before the 
     effective date described in subsection (a)(2).
                                 ______
                                 

         ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2001

                                 ______
                                 

                   BINGAMAN AMENDMENTS NOS. 4024-4025

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted two amendments intended to be proposed by him 
to the bill (H.R. 4733) making appropriations for energy and water 
development for the fiscal year ending September 30, 2001, and for 
other purposes; as follows:

                           Amendment No. 4024

       On page 47, line 18, before the period, insert the 
     following: ``: Provided, that in conducting the Southwest 
     Valley Flood Damage Reduction Study, Albuquerque, New Mexico, 
     the Secretary of the Army, acting through the Chief of 
     Engineers, shall include an evaluation of flood damage 
     reduction measures that would otherwise be excluded from the 
     feasibility analysis based on policies regarding the 
     frequency of flooding, the drainage areas, and the amount of 
     runoff''.
                                  ____


                           Amendment No. 4025

       On page 67, line 19, after ``expended.'' insert the 
     following:
       ``Provided, That $5,000,000 shall be available to implement 
     a program managed by the Carlsbad Area Office to alleviate 
     the problems caused by rapid economic development along the 
     United States-Mexico border, to support the Materials 
     Corridor Partnership Initiative, and to promote energy 
     efficient, environmentally sound economic development along 
     that border through the development and use of new 
     technology, particularly hazardous waste and materials 
     technology.''.
                                 ______
                                 

                 FEDERAL REFORMULATED FUELS ACT OF 2000

                                 ______
                                 

               SMITH OF NEW HAMPSHIRE AMENDMENT NO. 4026

  (Ordered referred to the Committee on Environment and Public Works.)
  Mr. SMITH of New Hampshire submitted the following amendment intended 
to be proposed by him to the bill (S. 2962) to amend the Clean Air Act 
to address problems concerning methyl tertiary butyl ether, and for 
other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. COMPETITIVE ALTERNATIVE FUEL PROGRAM.

       (a) In General.--Section 211 of the Clean Air Act (42 
     U.S.C. 7545) is amended--
       (1) by redesignating subsection (o) as subsection (p); and
       (2) by inserting after subsection (n) the following:
       ``(o) Competitive Alternative Fuel Program.--
       ``(1) Definitions.--In this subsection:
       ``(A) Bin 1 vehicle.--The term `bin 1 vehicle' means--
       ``(i) a light-duty motor vehicle that does not exceed the 
     standards for bin no. 1 specified in table S04-1 of section 
     86.1811-04 of title 40, Code of Federal Regulations 
     (published at 65 Fed. Reg. 6855 on February 10, 2000); and
       ``(ii) a heavy-duty motor vehicle that does not exceed 
     standards equivalent to the standards described in clause 
     (i), as determined by the Administrator by regulation.
       ``(B) Bin 2 vehicle.--The term `bin 2 vehicle' means--
       ``(i) a light-duty motor vehicle that does not exceed the 
     standards for bin no. 2 specified in table S04-1 of section 
     86.1811-04 of title 40, Code of Federal Regulations 
     (published at 65 Fed. Reg. 6855 on February 10, 2000); and
       ``(ii) a heavy-duty motor vehicle that emits not more than 
     50 percent of the allowable emissions of air pollutants under 
     the most stringent standards applicable to heavy-duty motor 
     vehicles, as determined by the Administrator by regulation.
       ``(C) Biomass ethanol.--The term `biomass ethanol' means 
     ethanol derived from any lignocellulosic or hemicellulosic 
     matter that is available on a renewable or recurring basis, 
     including--
       ``(i) dedicated energy crops and trees;
       ``(ii) wood and wood residues;
       ``(iii) plants;
       ``(iv) grasses;
       ``(v) agricultural commodities and residues;
       ``(vi) fibers;
       ``(vii) animal wastes and other waste materials; and
       ``(viii) municipal solid waste.
       ``(D) Clean alternative fuel.--The term `clean alternative 
     fuel' means--
       ``(i) renewable fuel;
       ``(ii) credit for motor vehicle fuel used to operate a bin 
     1 vehicle, as generated under paragraph (5)(A)(ii); and
       ``(iii) credit for motor vehicle fuel used to operate a bin 
     2 vehicle, as generated under paragraph (5)(A)(ii).
       ``(E) Renewable fuel.--
       ``(i) In general.--The term `renewable fuel' means motor 
     vehicle fuel that--

       ``(I)(aa) is produced from grain, starch, oilseeds, or 
     other biomass; or
       ``(bb) is natural gas produced from a biogas source, 
     including a landfill, sewage waste

[[Page S7938]]

     treatment plant, feedlot, or other place where decaying 
     organic material is found; and
       ``(II) is used to replace or reduce the quantity of fossil 
     fuel present in a fuel mixture used to operate a motor 
     vehicle.

       ``(ii) Inclusion.--The term `renewable fuel' includes 
     biomass ethanol.
       ``(2) Competitive alternative fuel program.--
       ``(A) Clean alternative fuel requirements.--The motor 
     vehicle fuel sold or introduced into commerce in the United 
     States in calendar year 2008 or any calendar year thereafter 
     by a refiner, blender, or importer shall, on a 6-month 
     average basis, be comprised of a quantity of clean 
     alternative fuel, measured in gasoline-equivalent gallons (as 
     determined by the Secretary of Energy), that is not less than 
     the applicable percentage by volume for the 6-month period.
       ``(B) Applicable percentage.--For the purposes of 
     subparagraph (A), the applicable percentage for a 6-month 
     period of a calendar year shall be determined in accordance 
     with the following table:

``Calendar year:       Applicable percentage of clean alternative fuel:
  2008.........................................................1.2 ....

  2009.........................................................1.3 ....

  2010.........................................................1.4 ....

  2011 and thereafter..........................................1.5.....

       ``(3) Transition program.--
       ``(A) Renewable fuel requirements.--
       ``(i) In general.--Subject to subparagraph (B), all motor 
     vehicle fuel sold or introduced into commerce in the United 
     States in any of calendar years 2002 through 2007 by a 
     refiner, blender, or importer shall contain, on a 6-month 
     average basis, a quantity of renewable fuel, measured in 
     gasoline-equivalent gallons (as determined by the Secretary 
     of Energy), that is not less than the applicable percentage 
     by volume for the 6-month period.
       ``(ii) Applicable percentage.--For the purposes of clause 
     (i), the applicable percentage for a 6-month period of a 
     calendar year shall be determined in accordance with the 
     following table:

``Calendar year:               Applicable percentage of renewable fuel:
  2002.........................................................0.6 ....

  2003.........................................................0.7 ....

  2004.........................................................0.8 ....

  2005.........................................................0.9 ....

  2006.........................................................1.0 ....

  2007.........................................................1.1.....

       ``(B) Credit for motor vehicle fuel used to operate bin 1 
     vehicles or bin 2 vehicles.--Credit for motor vehicle fuel 
     used to operate bin 1 vehicles or bin 2 vehicles, as 
     generated under paragraph (5)(A)(ii), may be used to meet not 
     more than 10 percent of the renewable fuel requirement under 
     subparagraph (A).
       ``(4) Biomass ethanol.--For the purposes of paragraphs (2) 
     and (3), 1 gallon of biomass ethanol shall be considered to 
     be the equivalent of 1.5 gallons of renewable fuel.
       ``(5) Credit program.--
       ``(A) In general.--The regulations promulgated to carry out 
     this subsection shall provide for the generation of an 
     appropriate amount of credits by--
       ``(i) a person that refines, blends, or imports motor 
     vehicle fuel that contains, on a 6-month average basis, a 
     quantity of clean alternative fuel or renewable fuel that is 
     greater than the quantity required for that 6-month period 
     under paragraph (2) or (3), respectively; and
       ``(ii) a person that manufactures bin 1 vehicles or bin 2 
     vehicles.
       ``(B) Calculation of credits.--In determining the 
     appropriate amount of credits generated by a vehicle 
     manufacturer under subparagraph (A)(ii), the Administrator, 
     in consultation with the Secretary of Energy, shall give 
     priority to the extent to which bin 1 vehicles or bin 2 
     vehicles, as compared to vehicles that are not bin 1 vehicles 
     or bin 2 vehicles but are similar in size, weight, and other 
     appropriate factors--
       ``(i) use innovative or advanced technology;
       ``(ii) result in less petroleum consumption; and
       ``(iii) are efficient in their use of petroleum or other 
     form of energy.
       ``(C) Use of credits.--
       ``(i) In general.--A person that generates credits under 
     subparagraph (A) may use the credits, or transfer all or a 
     portion of the credits to another person, for the purpose of 
     complying with paragraph (2) or (3).
       ``(ii) Use of vehicle manufacturer credits to provide non-
     federal contributions under other law.--Credits generated 
     under subparagraph (A)(ii) and transferred to a person, 
     nonprofit entity, or local government may be used to provide 
     any portion of--

       ``(I) the non-Federal share required for an alternative 
     fuel project under section 149(e)(4) of title 23, United 
     States Code; or
       ``(II) a voluntary supply commitment under section 505 of 
     the Energy Policy Act of 1992 (42 U.S.C. 13255).

       ``(D) Expiration of credits.--A credit generated under this 
     paragraph shall expire 1 year after the date on which the 
     credit was generated.
       ``(6) Waivers.--
       ``(A) In general.--The Administrator, in consultation with 
     the Secretary of Agriculture and the Secretary of Energy, may 
     waive the requirements of paragraph (2) or (3) in whole or in 
     part on petition by a State--
       ``(i) based on a determination by the Administrator, after 
     public notice and opportunity for comment, that 
     implementation of the requirements would severely harm the 
     economy or environment of a State, a region, or the United 
     States; or
       ``(ii) based on a determination by the Administrator, after 
     public notice and opportunity for comment, that there is an 
     inadequate domestic supply or distribution capacity to meet 
     the requirements.
       ``(B) Petitions for waivers.--The Administrator, in 
     consultation with the Secretary of Agriculture and the 
     Secretary of Energy--
       ``(i) shall approve or deny a State petition for a waiver 
     of the requirements of paragraph (2) or (3) within 180 days 
     after the date on which the petition is received; but
       ``(ii) may extend that period for up to 60 additional days 
     to provide for public notice and opportunity for comment and 
     for consideration of the comments submitted.
       ``(C) Termination of waivers.--A waiver granted under 
     subparagraph (A) shall terminate after 1 year, but may be 
     renewed by the Administrator after consultation with the 
     Secretary of Agriculture and the Secretary of Energy.
       ``(D) Oxygen content waivers.--The grant or denial of a 
     waiver under subsection (k)(2)(B) shall not affect the 
     requirements of this subsection.
       ``(7) Small refiners.--The Administrator may provide an 
     exemption from the requirements of paragraph (2) or (3), in 
     whole or in part, for small refiners (as defined by the 
     Administrator).
       ``(8) Regulations.--Not later than 1 year after the date of 
     enactment of this paragraph, the Administrator shall 
     promulgate regulations to carry out this subsection.''.
       (b) Penalties and Enforcement.--Section 211(d) of the Clean 
     Air Act (42 U.S.C. 7545(d)) is amended--
       (1) in paragraph (1)--
       (A) in the first sentence, by striking ``or (n)'' each 
     place it appears and inserting ``(n), or (o)''; and
       (B) in the second sentence, by striking ``or (m)'' and 
     inserting ``(m), or (o)''; and
       (2) in the first sentence of paragraph (2), by striking 
     ``and (n)'' each place it appears and inserting ``(n), and 
     (o)''.
                                 ______
                                 

               TRAFFICKING VICTIMS PROTECTION ACT OF 2000

                                 ______
                                 

             BROWNBACK (AND WELLSTONE) AMENDMENT NO. 4027)

  Mr. HATCH (for Mr. Brownback (for himself, and Mr. Wellstone)) 
proposed an amendment to the bill (H.R. 3244) to combat trafficking of 
persons, especially into the sex trade, slavery, and slavery-like 
conditions in the United States and countries around the world through 
prevention, through prosecution and enforcement against traffickers, 
and through protection and assistance to victims of trafficking; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Trafficking Victims Protection Act of 2000''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes and findings.
Sec. 3. Definitions.
Sec. 4. Annual Country Reports on Human Rights Practices.
Sec. 5. Interagency task force to monitor and combat trafficking.
Sec. 6. Prevention of trafficking.
Sec. 7. Protection and assistance for victims of trafficking.
Sec. 8. Minimum standards for the elimination of trafficking.
Sec. 9. Assistance to foreign countries to meet minimum standards.
Sec. 10. Actions against governments failing to meet minimum standards.
Sec. 11. Actions against traffickers in persons.
Sec. 12. Strengthening prosecution and punishment of traffickers.
Sec. 13. Authorization of appropriations.

     SEC. 2. PURPOSES AND FINDINGS.

       (a) Purposes.--The purposes of this Act are to combat 
     trafficking in persons, a contemporary manifestation of 
     slavery whose victims are predominantly women and children, 
     to ensure just and effective punishment of traffickers, and 
     to protect their victims.
       (b) Findings.--Congress finds that:
       (1) As we begin the 21st century, the degrading institution 
     of slavery continues throughout the world. Sex trafficking is 
     a modern day form of slavery and it is the largest 
     manifestation of slavery today. Millions of people every 
     year, primarily women and children, are trafficked within or 
     across international borders. Approximately 50,000 women and 
     children are trafficked into the United States each year.
       (2) Many of these persons are trafficked into the 
     international sex trade, often by force, fraud, or coercion. 
     The sex industry has rapidly expanded over the past several 
     decades. It involves sexual exploitation of persons, 
     predominantly women and girls, involving activities related 
     to prostitution, pornography, sex tourism, and other 
     commercial sexual services. The low status of women in many 
     parts of the world has contributed to a burgeoning of the 
     trafficking industry.

[[Page S7939]]

       (3) Trafficking in persons is not limited to the sex 
     industry. This growing transnational crime also includes 
     forced labor, and involves significant violations of minimal 
     labor, public health, and human rights standards worldwide.
       (4) Traffickers primarily target women and girls, who are 
     disproportionately affected by poverty, lack of access to 
     education, chronic unemployment, discrimination, and lack of 
     viable economic opportunities in countries of origin. 
     Traffickers lure women and girls into their networks through 
     false promises of decent working conditions at relatively 
     good pay as nannies, maids, dancers, factory workers, 
     restaurant workers, sales clerks, or models. Traffickers also 
     buy children from poor families and sell them into 
     prostitution or into various types of forced or bonded labor.
       (5) Traffickers often transport victims from their home 
     communities to unfamiliar destinations, including different 
     countries away from family and friends, religious 
     institutions, and other sources of protection and support, 
     leaving the victims defenseless and vulnerable.
       (6) Victims are often forced through physical violence to 
     engage in sex acts or perform slavery-like labor. Such force 
     includes rape and other forms of sexual abuse, torture, 
     starvation, imprisonment, threats, psychological abuse, and 
     coercion.
       (7) Traffickers often make representations to their victims 
     that physical harm may occur to them or others should they 
     escape or attempt to escape. Such threats can have the same 
     coercive effects on victims as actual infliction of harm.
       (8) Trafficking in persons is increasingly perpetrated by 
     organized, sophisticated criminal enterprises. Such 
     trafficking is the fastest growing source of profits for 
     organized criminal enterprises worldwide. Profits from the 
     trafficking industry contribute to the expansion of organized 
     crime in the United States and worldwide. Trafficking often 
     is aided by official corruption in countries of origin, 
     transit, and destination, thereby threatening the rule of 
     law.
       (9) Trafficking includes all the elements of the crime of 
     forcible rape, when it involves the involuntary participation 
     of another person in sex acts by means of fraud, force, or 
     coercion.
       (10) Trafficking also involves violations of other laws, 
     including labor and immigration codes and laws against 
     kidnapping, slavery, false imprisonment, assault, battery, 
     pandering, fraud, and extortion.
       (11) Trafficking exposes victims to serious health risk. 
     Women and children trafficked into the sex industry are 
     exposed to deadly diseases, including HIV and AIDS. 
     Trafficking victims are sometimes worked or physically 
     brutalized to death.
       (12) Trafficking in persons involving slavery-like labor 
     practices substantially affects interstate and foreign 
     commerce. The United States must take action to eradicate the 
     substantial burdens on commerce that result from trafficking 
     in persons and to prevent the channels of commerce from being 
     used for immoral and injurious purposes.
       (13) Trafficking of persons is an evil requiring concerted 
     and vigorous action by countries of origin, transit or 
     destination, and by international organizations.
       (14) Existing legislation and law enforcement in the United 
     States and other countries are inadequate to deter 
     trafficking and bring traffickers to justice, failing to 
     reflect the gravity of the offenses involved. No 
     comprehensive law exists in the United States that penalizes 
     the range of offenses involved in the trafficking scheme. 
     Instead, even the most brutal instances of trafficking into 
     the sex industry are often punished under laws that also 
     apply to lesser offenses such as consensual sexual activity 
     and illegal immigration, so that traffickers typically escape 
     deserved punishment.
       (15) In the United States, the seriousness of this crime 
     and its components are not reflected in current sentencing 
     guidelines, resulting in weak penalties for convicted 
     traffickers. Additionally, adequate services and facilities 
     do not exist to meet the needs of health care, housing, 
     education, and legal assistance, which safely reintegrate 
     trafficking victims into their home countries.
       (16) In some countries, enforcement against traffickers is 
     also hindered by official indifference, by corruption, and 
     sometimes even by official participation in trafficking.
       (17) Existing laws often fail to protect victims of 
     trafficking, and because victims are often illegal immigrants 
     in the destination country, they are repeatedly punished more 
     harshly than the traffickers themselves.
       (18) Victims of severe forms of trafficking should not be 
     inappropriately incarcerated, fined, or otherwise penalized 
     solely for unlawful acts as a direct result of being 
     trafficked, such as for having used false documents, entering 
     the country without documentation, or working without 
     documentation.
       (19) Victims of trafficking often find it difficult or 
     impossible to report the crimes committed against them or to 
     assist in the investigation and prosecution of such crimes. 
     This is because they are frequently unfamiliar with the laws, 
     culture, and language of the countries into which they are 
     trafficked. Also, they are often subjected to coercion, 
     intimidation, physical detention, debt bondage, and fear of 
     forcible removal to countries where they face hardship.
       (20) The United States and the international community 
     agree that trafficking in persons involves grave violations 
     of human rights and is a matter of pressing international 
     concern. The international community has repeatedly condemned 
     slavery and involuntary servitude, violence against women, 
     and other elements of trafficking, through declarations, 
     treaties, United Nations resolutions and reports, including 
     the Universal Declaration of Human Rights; the 1956 
     Supplementary Convention on the Abolition of Slavery, the 
     Slave Trade, and Institutions and Practices Similar to 
     Slavery; the 1957 Abolition of Forced Labor Convention; the 
     International Covenant on Civil and Political Rights; the 
     Convention on the Elimination of All Forms of Discrimination 
     Against Women; the Convention Against Torture and Other 
     Cruel, Inhuman or Degrading Treatment or Punishment; United 
     Nations General Assembly Resolutions 50/167, 51/66, and 52/
     98; the Final Report of the World Congress against Sexual 
     Exploitation of Children (Stockholm, 1996); the Fourth World 
     Conference on Women (Beijing, 1995); and the 1991 Moscow 
     Document of the Organization for Security and Cooperation in 
     Europe.
       (21) Trafficking in persons is a transnational crime with 
     national implications. To deter international trafficking and 
     bring its perpetrators to justice, nations including the 
     United States must recognize that trafficking is a serious 
     offense. This is done by prescribing appropriate punishment, 
     giving priority to the prosecution of trafficking offenses, 
     and protecting rather than punishing the victims of such 
     offenses. The United States must work bilaterally and 
     multilaterally to abolish the trafficking industry by taking 
     steps to promote cooperation among countries linked together 
     by international trafficking routes. The United States must 
     also urge the international community to take strong action 
     in multilateral fora to engage recalcitrant countries in 
     serious and sustained efforts to eliminate trafficking and 
     protect trafficking victims.
       (22) Trafficking in persons substantially affects 
     interstate and foreign commerce. Trafficking for such 
     purposes as involuntary servitude, peonage, and other forms 
     of forced labor has an impact on the nationwide employment 
     network and labor market. Within the context of slavery, 
     servitude, and labor or services which are obtained or 
     maintained through coercive conduct that amounts to a 
     condition of servitude, victims are subjected to a range of 
     violations.
       (23) Involuntary servitude statutes are intended to reach 
     cases in which persons are held in a condition of servitude 
     through nonviolent coercion. In United States v. Kozminski, 
     487 U.S. 950 (1988), the Supreme Court found that section 
     1584 of title 18, United States Code, should be narrowly 
     interpreted, absent a definition of involuntary servitude by 
     Congress. As a result, that section was interpreted to only 
     criminalize servitude coerced through force, threats of 
     force, or threats of legal coercion.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations and the Committee on the Judiciary of 
     the Senate and the Committee on International Relations and 
     the Committee on the Judiciary of the House of 
     Representatives.
       (2) Coercion.--The term ``coercion'' means--
       (A) acts or circumstances not necessarily including 
     physical force but intended to have the same effect; or
       (B) any act, scheme, plan, or pattern intended to cause a 
     person to believe that failure to perform an act will result 
     in the infliction of serious harm.
       (3) Commercial sex act.--The term ``commercial sex act'' 
     means any sex act whereby anything of value is given to or 
     received by any person.
       (4) Debt bondage.--The term ``debt bondage'' means the 
     status or condition of a debtor arising from a pledge by the 
     debtor of his or her personal services or of those of a 
     person under his or her control as a security for debt, if 
     the value of those services as reasonably assessed is not 
     applied toward the liquidation of the debt or the length and 
     nature of those services are not respectively limited and 
     defined.
       (5) Involuntary servitude.--The term ``involuntary 
     servitude'' includes a condition of servitude induced by 
     means of--
       (A) any act, scheme, plan, or pattern intended to cause a 
     person to believe that, if the person did not enter into or 
     continue in such condition, that person or another person 
     would suffer serious harm or physical restraint, or
       (B) the abuse or threatened abuse of the legal process.
       (6) Minimum standards for the elimination of trafficking.--
     The term ``minimum standards for the elimination of 
     trafficking'' means the standards set forth in section 8.
       (7) Severe forms of trafficking in persons.--The term 
     ``severe forms of trafficking in persons'' means--
       (A) sex trafficking in which a commercial sex act is 
     induced by force, fraud, or coercion, or in which the person 
     induced to perform such act has not attained 18 years of age; 
     or
       (B) the recruitment, harboring, transportation, provision, 
     or obtaining of a person for labor or services, through the 
     use of force,

[[Page S7940]]

     fraud, or coercion for the purpose of subjection to 
     involuntary servitude, peonage, debt bondage, or slavery.
       (8) Sex trafficking.--The term ``sex trafficking'' means 
     the recruitment, harboring, transportation, provision, or 
     obtaining of a person for the purpose of a commercial sex 
     act.
       (9) State.--The term ``State'' means any of the fifty 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Virgin Islands, American 
     Samoa, Guam, the Commonwealth of the Northern Mariana 
     Islands, and territories and possessions of the United 
     States.
       (10) United states.--The term ``United States'' means the 
     fifty States of the United States, the District of Columbia, 
     the Commonwealth of Puerto Rico, the Virgin Islands, American 
     Samoa, Guam, the Commonwealth of the Northern Mariana 
     Islands, and the territories and possessions of the United 
     States.
       (11) Victim of trafficking.--The term ``victim of 
     trafficking'' means a person subjected to an act or practice 
     described in paragraph (7) or (8).
       (12) Victim of a severe form of trafficking.--The term 
     ``victim of a severe form of trafficking'' means a person 
     subject to an act or practice described in paragraph (7).

     SEC. 4. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

       The Secretary of State, with the assistance of the 
     Assistant Secretary of Democracy, Human Rights and Labor, 
     shall, as part of the annual Country Reports on Human Rights 
     Practices, include information on the status of trafficking 
     in persons, including the following information:
       (1) A description of the nature and extent of severe forms 
     of trafficking in persons in each country.
       (2) An assessment of the efforts by the governments 
     described in paragraph (1) to combat severe forms of 
     trafficking. Such an assessment shall address--
       (A) whether any governmental authorities tolerate or are 
     involved in such trafficking;
       (B) which governmental authorities are involved in 
     activities to combat such trafficking;
       (C) what steps the government has taken against its 
     officials who participate in, facilitate, or condone such 
     trafficking;
       (D) what steps the government has taken to investigate and 
     prosecute officials who participate in or facilitate such 
     trafficking;
       (E) what steps the government has taken to prohibit other 
     individuals from participating in such trafficking, including 
     the investigation, prosecution, and conviction of individuals 
     involved in severe forms of trafficking in persons, the 
     criminal and civil penalties for such trafficking, and the 
     efficacy of those penalties in eliminating or reducing such 
     trafficking;
       (F) what steps the government has taken to assist victims 
     of such trafficking, including efforts to prevent victims 
     from being further victimized by traffickers, government 
     officials, or others, grants of stays of deportation, and 
     provision of humanitarian relief, including provision of 
     mental and physical health care and shelter;
       (G) whether the government--
       (i) is cooperating with governments of other countries to 
     extradite traffickers when requested;
       (ii) is assisting in international investigations of 
     transnational trafficking networks and in other cooperative 
     efforts to combat trafficking;
       (iii) refrains from prosecuting victims of severe forms of 
     trafficking and from other discriminatory treatment of such 
     victims due to such victims having been trafficked, or due to 
     their having left or entered the country illegally; and
       (iv) recognizes the rights of victims and ensures their 
     access to justice.
       (3) Information described in paragraph (2) and, where 
     appropriate, in paragraph (3) shall be included in the annual 
     Country Reports on Human Rights Practices on a country-by-
     country basis.
       (4) In addition to the information described in this 
     section, the Annual Country Reports on Human Rights Practices 
     may contain such other information relating to trafficking in 
     persons as the Secretary determines to be appropriate.

     SEC. 5. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT 
                   TRAFFICKING.

       (a) Establishment.--The President shall establish an 
     Interagency Task Force to Monitor and Combat Trafficking (in 
     this Act referred to as the ``Task Force'').
       (b) Appointment.--The President shall appoint the members 
     of the Task Force, which shall include the Secretary of 
     State, the Administrator of the United States Agency for 
     International Development, the Attorney General, the 
     Secretary of Labor, the Secretary of Health and Human 
     Services, the Director of Central Intelligence, and such 
     other officials as may be designated by the President.
       (c) Chairman.--The Task Force shall be chaired by the 
     Secretary of State.
       (d) Support for the Task Force.--The Secretary of State is 
     authorized to establish within the Department of State an 
     Office to Monitor and Combat Trafficking, which shall provide 
     assistance to the Task Force. Any such Office shall be headed 
     by a Director. The Director shall have the primary 
     responsibility for assisting the Secretary of State in 
     carrying out the purposes of this Act and may have additional 
     responsibilities as determined by the Secretary. The Director 
     shall consult with domestic, international nongovernmental 
     organizations, and multilateral organizations, including the 
     Organization of American States, the Organization for 
     Security and Cooperation in Europe, and the United Nations, 
     and with trafficking victims or other affected persons. The 
     Director shall have the authority to take evidence in public 
     hearings or by other means. The Office is authorized to 
     retain staff members from agencies represented on the Task 
     Force.
       (e) Activities of the Task Force.--In consultation with 
     nongovernmental organizations, the Task Force shall carry out 
     the following activities:
       (1) Coordinate the implementation of this Act.
       (2) Measure and evaluate progress of the United States and 
     other countries in the areas of trafficking prevention, 
     protection and assistance to victims of trafficking, and 
     prosecution and enforcement against traffickers, including 
     the role of public corruption in facilitating trafficking. 
     Beginning in 2002, not later than June 1 of each year, 
     identify and publish the names of those countries which do 
     not meet the minimum standards set forth in section 8.
       (3) Expand interagency procedures to collect and organize 
     data, including significant research and resource information 
     on domestic and international trafficking. Any data 
     collection procedures established under this subsection shall 
     respect the confidentiality of victims of trafficking.
       (4) Engage in efforts to facilitate cooperation among 
     countries of origin, transit, and destination. Such efforts 
     shall aim to strengthen local and regional capacities to 
     prevent trafficking, prosecute traffickers and assist 
     trafficking victims, and shall include initiatives to enhance 
     cooperative efforts between destination countries and 
     countries of origin and assist in the appropriate 
     reintegration of stateless victims of trafficking.
       (5) Examine the role of the international ``sex tourism'' 
     industry in the trafficking of persons and in the sexual 
     exploitation of women and children around the world.
       (6) Engage in advocacy, with governmental and 
     nongovernmental organizations, among other entities, to 
     advance the purposes of this Act.
       (f) Interim Reports.--In addition to the list provided 
     under subsection (e)(2), the Secretary of State, in the 
     capacity as chair of the Interagency Task Force, may submit 
     to the appropriate congressional committees one or more 
     interim reports with respect to the status of severe forms of 
     trafficking in persons, including information about countries 
     whose governments have come into or out of compliance with 
     the minimum standards for the elimination of trafficking 
     since the transmission of the last annual report.

     SEC. 6. PREVENTION OF TRAFFICKING.

       (a) Economic Alternatives To Prevent and Deter 
     Trafficking.--The President, acting through the Administrator 
     of the United States Agency for International Development and 
     the heads of other appropriate agencies, shall establish and 
     carry out international initiatives to enhance economic 
     opportunity for potential victims of trafficking as a method 
     to deter trafficking. Such initiatives may include--
       (1) microcredit lending programs, training in business 
     development, skills training, and job counseling;
       (2) programs to promote women's participation in economic 
     decisionmaking;
       (3) programs to keep children, especially girls, in 
     elementary and secondary schools, and to educate children, 
     women, and men who have been victims of trafficking;
       (4) development of educational curricula regarding the 
     dangers of trafficking; and
       (5) grants to nongovernmental organizations to accelerate 
     and advance the political, economic, social, and educational 
     roles and capacities of women in their countries.
       (b) Public Awareness and Information.--The President, 
     acting through the Secretary of Labor, the Secretary of 
     Health and Human Services, the Attorney General, and the 
     Secretary of State, shall establish and carry out programs to 
     increase public awareness, particularly among potential 
     victims of trafficking, of the dangers of trafficking and the 
     protections that are available for victims of trafficking.
       (c) Consultation Requirement.--The President shall consult 
     with appropriate nongovernmental organizations with respect 
     to the establishment and conduct of initiatives described in 
     subsections (a) and (b).

     SEC. 7. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.

       (a) Assistance for Victims in Other Countries.--
       (1) In general.--The Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, in consultation with appropriate nongovernmental 
     organizations, shall establish and carry out programs and 
     initiatives in foreign countries to assist in the safe 
     integration, reintegration, or resettlement, as appropriate, 
     of victims of trafficking. Such programs and initiatives 
     shall be designed to meet the appropriate assistance needs of 
     such persons and their children, as identified by the Inter-
     Agency Task Force to Monitor and Combat Trafficking 
     established under section 5.
       (2) Additional requirement.--In establishing and conducting 
     programs and initiatives described in paragraph (1), the 
     Secretary of State and the Administrator of the

[[Page S7941]]

     United States Agency for International Development shall take 
     all appropriate steps to enhance cooperative efforts among 
     foreign countries, including countries of origin of victims 
     of trafficking, to assist in the integration, reintegration, 
     or resettlement, as appropriate, of victims of trafficking 
     including stateless victims.
       (b) Victims in the United States.--
       (1) Assistance.--Subject to the availability of 
     appropriations and notwithstanding title IV of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996, the Attorney General, the Secretary of Health and Human 
     Services, the Secretary of Labor, the heads of other Federal 
     agencies, and the Board of Directors of the Legal Services 
     Corporation shall expand existing services to provide 
     assistance to victims of severe forms of trafficking in 
     persons within the United States, without regard to the 
     immigration status of such victims.
       (2) Grants.--
       (A) Subject to the availability of appropriations, the 
     Attorney General may make grants to States, territories, and 
     possessions of the United States, Indian tribes, units of 
     local government, and nonprofit, nongovernmental victims' 
     service organizations to develop, expand, or strengthen 
     victim service programs for victims of trafficking.
       (B) Of amounts made available for grants under this 
     paragraph, there shall be set aside 3 percent for research, 
     evaluation and statistics; 2 percent for training and 
     technical assistance; and 1 percent for management and 
     administration.
       (C) The Federal share of a grant made under this paragraph 
     may not exceed 75 percent of the total costs of the projects 
     described in the application submitted.
       (c) Trafficking Victim Regulations.--Not later than 180 
     days after the date of enactment of this Act, the Attorney 
     General and the Secretary of State shall promulgate 
     regulations for law enforcement personnel, immigration 
     officials, and Department of State officials to implement the 
     following:
       (1) Victims of severe forms of trafficking, while in the 
     custody of the Federal Government and to the extent 
     practicable, shall--
       (A) not be detained in facilities inappropriate to their 
     status as crime victims;
       (B) receive necessary medical care and other assistance; 
     and
       (C) be provided protection if a victim's safety is at risk 
     or if there is danger of additional harm by recapture of the 
     victim by a trafficker, including--
       (i) taking measures to protect trafficked persons and their 
     family members from intimidation and threats of reprisals and 
     reprisals from traffickers and their associates; and
       (ii) ensuring that the names and identifying information of 
     trafficked persons and their family members are not disclosed 
     to the public.
       (2) Victims of severe forms of trafficking shall have 
     access to information about their rights and translation 
     services.
       (3) Federal law enforcement officials may act to permit an 
     alien individual's continued presence in the United States, 
     if after an assessment, it is determined that such individual 
     is a victim of trafficking and a potential witness, in order 
     to effectuate prosecution of those responsible, and such 
     officials in investigating and prosecuting traffickers shall 
     protect the safety of trafficking victims, including taking 
     measures to protect trafficked persons and their family 
     members from intimidation, threats of reprisals and reprisals 
     from traffickers and their associates.
       (4) Appropriate personnel of the Department of State and 
     the Department of Justice are trained in identifying victims 
     of severe forms of trafficking and providing for the 
     protection of such victims.
       (d) Construction.--Nothing in subsection (c) shall be 
     construed as creating any private cause of action against the 
     United States or its officers or employees.
       (e) Protection From Removal for Certain Crime Victims.--
     Section 101(a)(15) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)) is amended--
       (1) by striking ``or'' at the end of subparagraph (R);
       (2) by striking the period at the end of subparagraph (S) 
     and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(T)(i) subject to subsection (m), an alien who the 
     Attorney General determines--
       ``(I) is or has been a victim of a severe form of 
     trafficking in persons as defined in section 3 of the 
     Trafficking Victims Protection Act of 2000,
       ``(II) is physically present in the United States, American 
     Samoa, or the Commonwealth of the Northern Mariana Islands, 
     or at a port of entry thereto on account of such trafficking,
       ``(III)(aa) has complied with any reasonable request for 
     assistance in the investigation or prosecution of acts of 
     trafficking, or
       ``(bb) has not attained the age of 14 years, and
       ``(IV) the alien would suffer extreme hardship upon removal 
     from the United States,

     except that no person shall be eligible for admission to the 
     United States under this subparagraph if there is substantial 
     reason to believe that the person has committed an act of a 
     severe form of trafficking in persons, as defined in section 
     3 of the Trafficking Victims Protection Act of 2000; and
       ``(ii) if the Attorney General considers it necessary to 
     avoid extreme hardship--
       ``(I) in the case of an alien described in clause (i) who 
     is under 21 years of age, the spouse, children, and parents 
     of such alien; and
       ``(II) in the case of an alien described in clause (i) who 
     is 21 years of age or older, the minor children of such 
     alien,

     if accompanying, or following to join, the alien described in 
     clause (i).
       (2) Duties of the attorney general with respect to ``t'' 
     visa nonimmigrants.--Section 101 of the Immigration and 
     Nationality Act (8 U.S.C. 1101) is amended by adding at the 
     end the following new subsection:
       ``(i) With respect to nonimmigrant aliens described in 
     subsection (a)(15)(T)(i)--
       ``(1) the Attorney General and other government officials, 
     where appropriate, shall provide those aliens with referrals 
     to nongovernmental organizations that would advise the aliens 
     regarding their options while in the United States and the 
     resources available to them; and
       ``(2) the Attorney General shall, during the period those 
     aliens are in lawful temporary resident status under that 
     subsection, grant the aliens authorization to engage in 
     employment in the United States and provide the aliens with 
     an `employment authorized' endorsement or other appropriate 
     work permit.''.
       (3) Waiver of grounds for ineligibility for admission.--
     Section 212(d) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)) is amended by adding at the end the following 
     new paragraph:
       ``(13) The Attorney General shall determine whether a 
     ground for inadmissibility exists with respect to a 
     nonimmigrant described in section 101(a)(15)(T)(i). The 
     Attorney General, in the Attorney General's discretion, may 
     waive the application of subsection (a) (other than paragraph 
     (3)(E)) in the case of a nonimmigrant described in section 
     101(a)(15)(T)(i), if the Attorney General considers it to be 
     in the national interest to do so. Nothing in this section 
     shall be regarded as prohibiting the Attorney General from 
     instituting removal proceedings against an alien admitted as 
     a nonimmigrant under section 101(a)(15)(T)(i) for material 
     nontrafficking related conduct committed after the alien's 
     admission into the United States, or for material 
     nontrafficking related conduct or a condition that was not 
     disclosed to the Attorney General prior to the alien's 
     admission as a nonimmigrant under section 
     101(a)(15)(T)(i).''.
       (f) Adjustment to Permanent Resident Status.--Section 245 
     of such Act (8 U.S.C 1255) is amended by adding at the end 
     the following new subsection:
       ``(l)(1) If, in the opinion of the Attorney General, a 
     nonimmigrant admitted into the United States under section 
     101(a)(15)(T)(i)--
       ``(A) has been physically present in the United States for 
     a continuous period of at least 3 years since the date of 
     admission as a nonimmigrant under section 101(a)(15)(T)(i),
       ``(B) has, throughout such period, been a person of good 
     moral character, and
       ``(C)(i) has, during such period, complied with any 
     reasonable request for assistance in the investigation or 
     prosecution of acts of trafficking, or
       ``(ii) the alien would suffer extreme hardship upon removal 
     from the United States,

     the Attorney General may adjust the status of the alien (and 
     any other alien admitted under that section) to that of an 
     alien lawfully admitted for permanent residence if the alien 
     is not described in section 212(a)(3)(E).
       ``(2) An alien shall be considered to have failed to 
     maintain continuous physical presence in the United States 
     under paragraph (1)(A) if the alien has departed from the 
     United States for any period in excess of 90 days or for any 
     periods in the aggregate exceeding 180 days.
       ``(3) Upon the approval of adjustment of status under 
     paragraph (1), the Attorney General shall record the alien's 
     lawful admission for permanent residence as of the date of 
     such approval.''.

     SEC. 8. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

       (a) Minimum Standards.--For purposes of this Act, the 
     minimum standards for the elimination of trafficking for a 
     country that is a country of origin, transit, or destination 
     for a significant number of victims are the following 
     standards:
       (1) The country should prohibit severe forms of trafficking 
     in persons and punish acts of such trafficking.
       (2) For the knowing commission of any act of sex 
     trafficking involving force, fraud, coercion, or in which the 
     victim of sex trafficking is a child incapable of giving 
     meaningful consent, or of trafficking which includes rape or 
     kidnapping or which causes a death, the country should 
     prescribe punishment commensurate with that for the most 
     serious crimes, such as forcible sexual assault.
       (3) For the knowing commission of any act of a severe form 
     of trafficking in persons, the country should prescribe 
     punishment which is sufficiently stringent to deter and which 
     adequately reflects the heinous nature of the offense.
       (4) The country should make serious and sustained efforts 
     to eliminate severe forms of trafficking in persons.
       (b) Criteria.--In determinations of whether a country is 
     making serious and sustained efforts under subsection (a)(4), 
     the following factors should be considered as indicia of a 
     good faith effort to eliminate severe forms of trafficking in 
     persons:

[[Page S7942]]

       (1) Whether the country vigorously investigates and 
     prosecutes acts of severe forms of trafficking in persons 
     that take place wholly or partly within the territory of the 
     country.
       (2) Whether the country cooperates with other countries in 
     the investigation and prosecution of severe forms of 
     trafficking in persons.
       (3) Whether the country extradites persons charged with 
     acts of severe forms of trafficking in persons on the same 
     terms and to the same extent as persons charged with other 
     serious crimes.
       (4) Whether the country monitors immigration and emigration 
     patterns for evidence of severe forms of trafficking in 
     persons and whether law enforcement agencies of the country 
     respond to any such evidence in a manner which is consistent 
     with the vigorous investigation and prosecution of acts of 
     such trafficking, as well as with the protection of human 
     rights of victims and the internationally recognized human 
     right to leave and return to one's own country.
       (5) Whether the country protects victims of severe forms of 
     trafficking in persons and encourages their assistance in the 
     investigation and prosecution of such trafficking, including 
     provision for legal alternatives to their removal to 
     countries in which they would face retribution or other 
     hardship.
       (6) Whether the country vigorously investigates and 
     prosecutes public officials who participate in or facilitate 
     severe forms of trafficking in persons, and takes all 
     appropriate measures against officials who condone such 
     trafficking.

     SEC. 9. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM 
                   STANDARDS.

       The Secretary of State and the Administrator of the United 
     States Agency for International Development are authorized to 
     provide assistance to foreign countries directly, or through 
     nongovernmental, intergovernmental and multilateral 
     organizations, for programs and activities designed to meet 
     the minimum international standards for the elimination of 
     trafficking, including drafting of legislation to prohibit 
     and punish acts of trafficking, the investigation and 
     prosecution of traffickers, the creation and maintenance of 
     facilities, programs, and activities for the protection of 
     victims, and the expansion of exchange programs and 
     international visitor programs for governmental and 
     nongovernmental personnel to combat trafficking.

     SEC. 10. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM 
                   STANDARDS.

       (a) Authority To Impose Sanctions.--The President may 
     impose any of the measures described in subsection (b) 
     against any foreign country to which the minimum standards 
     for the elimination of trafficking under section 8 are 
     applicable and which do not meet such standards. The 
     President shall exercise the authority of this subsection so 
     as to avoid adverse effects on vulnerable populations, 
     including women and children.
       (b) Sanctions That May Be Imposed.--The measures described 
     in this subsection are the following:
       (1) Foreign assistance.--
       (A) In general.--Subject to subparagraph (B), the President 
     may deny to the country assistance of any kind which is 
     provided by grant, sale, loan, lease, credit, guaranty, or 
     insurance, or by any other means, by any agency or 
     instrumentality of the United States Government. The 
     President may exercise the authority of this subparagraph 
     with respect to all foreign assistance to a country or with 
     respect to any specific programs, projects, or activities.
       (B) Exception.--Subparagraph (A) shall not apply to 
     assistance under the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151 et seq.), or any successor provision of law, or 
     the Arms Export Control Act (22 U.S.C. 2751 et seq.) that is 
     intended to benefit the people of that country directly and 
     that is not channeled through governmental agencies or 
     entities of that country.
       (2) Multilateral development bank assistance.--
       (A) In general.--The President may instruct the United 
     States Executive Director to each international financial 
     institution described in subparagraph (B) to use the voice 
     and vote of the United States to oppose any loan or financial 
     or technical assistance to the country by such international 
     financial institution.
       (B) International financial institutions described.--The 
     international financial institutions described in this 
     subparagraph are the International Bank for Reconstruction 
     and Development, the International Development Association, 
     the International Finance Corporation, the Inter-American 
     Development Bank, the African Development Bank, the European 
     Bank for Reconstruction and Development, and the 
     International Monetary Fund.
       (3) Prohibition of arms sales.--The President may prohibit 
     the transfer of defense articles, defense services, or design 
     and construction services under the Arms Export Control Act 
     (22 U.S.C. 2751 et seq.), including defense articles and 
     defense services licensed or approved for export under 
     section 38 of that Act (22 U.S.C. 2778), to the country or 
     any national of the country.
       (4) Export restrictions.--The President may prohibit or 
     otherwise substantially restrict exports to the country of 
     goods, technology, and services (excluding agricultural 
     commodities and products otherwise subject to control) and 
     may suspend existing licenses for the transfer to that person 
     of items the export of which is controlled under the Export 
     Administration Act of 1979 or the Export Administration 
     Regulations.
       (c) Report to Congress.--Upon exercising the authority of 
     subsection (a), the President shall submit a report to 
     Congress on the measures applied under this section and the 
     reasons for the application of the measures.

     SEC. 11. ACTIONS AGAINST TRAFFICKERS IN PERSONS.

       (a) Authority To Sanction Traffickers in Persons.--
       (1) In general.--The President may exercise IEEPA 
     authorities (other than authorities relating to importation) 
     without regard to section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) in the case of any 
     foreign person who is on the list described in subsection 
     (b).
       (2) Penalties.--The penalties set forth in section 206 of 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1705) apply to violations of any license, order, or 
     regulation issued under paragraph (1).
       (3) IEEPA authorities.--For purposes of clause (i), the 
     term ``IEEPA authorities'' means the authorities set forth in 
     section 203(a) of the International Emergency Economic Powers 
     Act (50 U.S.C. 1702(a)).
       (b) List of Traffickers of Persons.--
       (1) Compiling list of traffickers in persons.--The 
     Secretary of State is authorized to compile a list of the 
     following persons:
       (A) Any foreign person that plays a significant role in a 
     severe form of trafficking in persons, directly or indirectly 
     in the United States or any of its territories or 
     possessions.
       (B) Foreign persons who materially assist in, or provide 
     financial or technological support for or to, or providing 
     goods or services in support of, activities of a significant 
     foreign trafficker in persons identified pursuant to 
     subparagraph (A).
       (C) Foreign persons that are owned, controlled, or directed 
     by, or acting for or on behalf of, a significant foreign 
     trafficker so identified pursuant to subparagraph (A).
       (2) Revisions to list.--The Secretary of State shall make 
     additions or deletions to any list compiled under paragraph 
     (1) on an ongoing basis based on the latest information 
     available.
       (3) Consultation.--The Secretary of State shall consult 
     with the following officers in carrying out paragraphs (1) 
     and (2).
       (A) The Attorney General.
       (B) The Director of Central Intelligence.
       (C) The Director of the Federal Bureau of Investigation.
       (D) The Secretary of Labor.
       (E) The Secretary of Health and Human Services.
       (4) Publication of list.--Upon compiling the list referred 
     to in paragraph (1) and within 30 days of any revisions to 
     such list, the Secretary of State shall submit the list or 
     revisions to such list to the Committees on the International 
     Relations and Judiciary and the Permanent Select Committee on 
     Intelligence of the House of Representatives; and to the 
     Committees on Foreign Relations, the Judiciary, and the 
     Select Committee on Intelligence of the Senate; and publish 
     the list or revisions to such list in the Federal Register 
     after such persons on the list have admitted, been convicted, 
     or been formally found to have participated in the acts 
     described in paragraph (1) (A), (B), and (C).
       (c) Report to Congress on Identification and Sanctioning of 
     Traffickers in Persons.--Upon exercising the authority of 
     subsection (a), the President shall submit a report to the 
     Committees on the International Relations and the Judiciary, 
     and the Permanent Select Committee on Intelligence of the 
     House of Representatives and to the Committees on Foreign 
     Relations and the Judiciary, and the Select Committee on 
     Intelligence of the Senate--
       (1) identifying publicly the foreign persons from the list 
     published under subsection (b)(4) that the President 
     determines are appropriate for sanctions pursuant to this 
     section; and
       (2) detailing publicly the sanctions imposed pursuant to 
     this section.
       (d) Exclusion of Certain Information.--
       (1) Intelligence.--Notwithstanding any other provision of 
     this section, the list and report described in subsections 
     (b) and (c) shall not disclose the identity of any person, if 
     the Director of Central Intelligence determines that such 
     disclosure could compromise an intelligence operation, 
     activity, source, or method of the United States.
       (2) Law enforcement.--Notwithstanding any other provision 
     of this section, the list and report described in subsections 
     (b) and (c) shall not disclose the name of any person if the 
     Attorney General, in coordination as appropriate with the 
     Director of the Federal Bureau of Investigation, the 
     Administrator of the Drug Enforcement Administration, and the 
     Secretary of the Treasury, determines that such disclosure 
     could reasonably be expected to--
       (A) compromise the identity of a confidential source, 
     including a State, local, or foreign agency or authority or 
     any private institution that furnished information on a 
     confidential basis;
       (B) jeopardize the integrity or success of an ongoing 
     criminal investigation or prosecution;
       (C) endanger the life or physical safety of any person; or
       (D) cause substantial harm to physical property.
       (3) Notification required.--(A) Whenever either the 
     Director of Central Intelligence or the Attorney General 
     makes a determination

[[Page S7943]]

     under this subsection, the Director of Central Intelligence 
     or the Attorney General shall notify the Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Select Committee on Intelligence of the Senate, and 
     explain the reasons for such determination.
       (B) The notification required under this paragraph shall be 
     submitted to the Permanent Select Committee on Intelligence 
     of the House of Representatives and the Select Committee on 
     Intelligence of the Senate not later than July 1, 2001, and 
     on an annual basis thereafter.
       (e) Law Enforcement and Intelligence Activities Not 
     Affected.--Nothing in this section prohibits or otherwise 
     limits the authorized law enforcement or intelligence 
     activities of the United States or the law enforcement 
     activities of any State or subdivision thereof.
       (f) Exclusion of Persons Who Have Benefited From Illicit 
     Activities of Traffickers in Persons.--Section 212(a)(2) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is 
     amended by adding at the end the following new subparagraph:
       ``(H) Traffickers in persons.--Any alien who--
       ``(i) is on the most recent list of traffickers provided in 
     section 11 of the Trafficking Victims Protection Act of 2000, 
     or who the consular officer or the Attorney General knows or 
     has reason to believe is or has been a knowing aider, 
     abettor, assister, conspirator, or colluder with such a 
     trafficker in severe forms of trafficking in persons, as 
     defined in the section 3 of such Act; or
       ``(ii) who the consular officer or the Attorney General 
     knows or has reason to believe is the spouse, son, or 
     daughter of an alien inadmissible under clause (i), has, 
     within the previous 5 years, obtained any financial or other 
     benefit from the illicit activity of that alien, and knew or 
     reasonably should have known that the financial or other 
     benefit was the product of such illicit activity, is 
     inadmissible.''.
       (g) Implementation.--
       (1) The Secretary of State, the Attorney General, and the 
     Secretary of the Treasury are authorized to take such actions 
     as may be necessary to carry out this section, including 
     promulgating rules and regulations permitted under this Act.
       (2)(A) Subject to subparagraph (B), such rules and 
     regulations shall require that a reasonable effort be made to 
     provide notice and an opportunity to be heard, in person or 
     through a representative, prior to placement of a person on 
     the list described in subsection (b).
       (B) If there is reasonable cause to believe that such a 
     person would take actions to undermine the ability of the 
     President to exercise the authority provided under subsection 
     (a), such notice and opportunity to be heard shall be 
     provided as soon as practicable after the placement of the 
     person on the list described in subsection (b).
       (h) Definition of Foreign Persons.--As used in this 
     section, the term ``foreign person'' means any citizen or 
     national of a foreign state or any entity not organized under 
     the laws of the United States, including a foreign government 
     official, but does not include a foreign state.
       (i) Construction.--Nothing in this section shall be 
     construed as precluding judicial review of the placement of 
     any person on the list of traffickers in person described in 
     subsection (b).

     SEC. 12. STRENGTHENING PROSECUTION AND PUNISHMENT OF 
                   TRAFFICKERS.

       (a) Title 18 Amendments.--Chapter 77 of title 18, United 
     States Code, is amended--
       (1) in each of sections 1581(a), 1583, and 1584--
       (A) by striking ``10 years'' and inserting ``20 years''; 
     and
       (B) by adding at the end the following: ``If death results 
     from a violation of this section, or if such violation 
     includes kidnapping or an attempt to kidnap, aggravated 
     sexual abuse or the attempt to commit aggravated sexual 
     abuse, or an attempt to kill, the defendant shall be fined 
     under this title or imprisoned for any term of years or life, 
     or both.'';
       (2) in section 1584--
       (A) by inserting ``(a)'' before ``Whoever''; and
       (B) by adding at the end the following new subsection:
       ``(b) For the purposes of this section, the term 
     `involuntary servitude' includes a condition of servitude 
     induced by means of--
       ``(1) any act, scheme, plan, or pattern intended to cause a 
     person to believe that, if the person did not enter into or 
     continue in such condition, that person or another person 
     would suffer serious harm or physical restraint, or
       ``(2) the abuse or threatened abuse of the legal 
     process.'';
       (3) by inserting at the end the following new sections:

     ``Sec. 1589. Trafficking with respect to peonage, slavery, or 
       involuntary servitude

       ``Whoever knowingly recruits, harbors, transports, 
     provides, or obtains by any means any person in or into a 
     condition that constitutes a violation of this chapter for 
     the purpose of subjecting the person to or maintaining the 
     person in such condition shall be fined under this title or 
     imprisoned not more than 20 years, or both. If death results 
     from a violation of this section, or if under this section 
     the defendant's acts constitute kidnapping or an attempt to 
     kidnap, aggravated sexual abuse, or the attempt to commit 
     aggravated sexual abuse, or an attempt to kill, the defendant 
     shall be fined under this title or imprisoned for any term of 
     years or life, or both.

     ``Sec. 1590. Sex trafficking of children or by force, fraud, 
       or coercion

       ``(a) In General.--Whoever knowingly--
       ``(1) recruits, harbors, transports, provides, or obtains 
     by any means a person; or
       ``(2) benefits, financially or otherwise, from an 
     enterprise in which a person has been recruited, harbored, 
     transported, provided, or obtained in violation of paragraph 
     (1),

     knowing that force, fraud, or coercion described in 
     subsection (c)(2) will be used to cause the person to engage 
     in a commercial sex act, or that the person has not attained 
     the age of 18 years and will be caused to engage in a 
     commercial sex act, shall be punished as provided in 
     subsection (b).
       ``(b) Punishment.--An offense under subsection (a) is 
     punishable--
       ``(1) if the offense was effected by force, fraud, or 
     coercion, or if the person transported had not attained the 
     age of 14 years at the time of such offense, by a fine under 
     this title or imprisonment for any term of years or for life, 
     or both; or
       ``(2) if the offense was not so effected, and the person 
     transported had attained the age of 14 years but had not 
     attained the age of 18 years at the time of such offense, by 
     a fine under this title or imprisonment for not more than 20 
     years, or both.
       ``(c) Definition.--In this section:
       ``(1) Coercion.--The term `coercion' includes--
       ``(A) any act, scheme, plan, or pattern intended to cause a 
     person to believe that if the person did not engage in a 
     commercial sex act, that person or another person would 
     suffer serious harm or physical restraint, and
       ``(B) the abuse or threatened abuse of law or the legal 
     process.
       ``(2) Commercial sex act.--The term `commercial sex act' 
     means any sex act, in or affecting interstate or foreign 
     commerce, on account of which anything of value is given to 
     or received by any person, and--
       ``(A) which takes place in the United States; or
       ``(B) in which either the person who caused or is expected 
     to participate in the act or the person committing the 
     violation is a United States citizen or an alien admitted for 
     permanent residence in the United States.

     ``Sec. 1591. Unlawful conduct with respect to documents in 
       furtherance of trafficking, peonage, slavery, or 
       involuntary servitude

       ``Whoever, without lawful authority, knowingly and 
     willfully destroys, conceals, removes, confiscates, or 
     possesses any identification, passport, or other immigration 
     document, or any other documentation of another person--
       ``(1) in the course of a violation of section 1581, 1583, 
     1584, 1589, 1590, or 1591 or a conspiracy or attempt to 
     commit such a violation,
       ``(2) to prevent or restrict the person's liberty to move 
     or travel in order to obtain or maintain the labor or 
     services of another, or
       ``(3) in the course of the unlawful entry or attempted 
     unlawful entry of a person into the United States, in order 
     to obtain or maintain the labor or services of another,
     shall be fined under this title or imprisoned for not more 
     than 5 years, or both.

     ``Sec. 1592. Mandatory restitution

       ``(a) Notwithstanding section 3663 or 3663A, and in 
     addition to any other civil or criminal penalties authorized 
     by law, the court shall order restitution for any offense 
     under this chapter.
       ``(b)(1) The order of restitution under this section shall 
     direct the defendant to pay the victim (through the 
     appropriate court mechanism) the full amount of the victim's 
     losses, as determined by the court under paragraph (3) of 
     this subsection.
       ``(2) An order of restitution under this section shall be 
     issued and enforced in accordance with section 3664 in the 
     same manner as an order under section 3663A.
       ``(3) As used in this subsection, the term `full amount of 
     the victim's losses' has the same meaning as provided in 
     section 2259(b)(3) and shall in addition include the greater 
     of the gross income or value to the defendant of the victim's 
     services or labor or the value of the victim's labor as 
     guaranteed under the minimum wage and overtime guarantees of 
     the Fair Labor Standards Act (29 U.S.C. 201, et seq.).
       ``(c) As used in this section, the term `victim' means the 
     individual harmed as a result of a crime under this chapter, 
     including, in the case of a victim who is under 18 years of 
     age, incompetent, incapacitated, or deceased, the legal 
     guardian of the victim or a representative of the victim's 
     estate, or another family member, or any other person 
     appointed as suitable by the court, but in no event shall the 
     defendant be named such representative or guardian.

     ``Sec. 1593. General provisions

       ``(a) An attempt or conspiracy to violate section 1581, 
     1583, 1584, 1589, 1590, or 1591 shall be punishable in the 
     same manner as a completed violation of that section.
       ``(b)(1) The court, in imposing sentence on any person 
     convicted of a violation of this chapter, shall order, in 
     addition to any other sentence imposed and irrespective of 
     any provision of State law, that such person shall forfeit to 
     the United States--
       ``(A) such person's interest in any property, real or 
     personal, that was used or intended to be used to commit or 
     to facilitate the commission of such violation; and

[[Page S7944]]

       ``(B) any property, real or personal, constituting or 
     derived from, any proceeds that such person obtained, 
     directly or indirectly, as a result of such violation.
       ``(2) The criminal forfeiture of property under this 
     subsection, any seizure and disposition thereof, and any 
     administrative or judicial proceeding in relation thereto, 
     shall be governed by the provisions of section 7(e) of the 
     Trafficking Victims Protection Act of 2000.
       ``(c)(1) The following shall be subject to forfeiture to 
     the United States and no property right shall exist in them:
       ``(A) Any personal property used or intended to be used to 
     commit or to facilitate the commission of any violation of 
     this chapter.
       ``(B) Any property, real or personal, which constitutes or 
     is derived from proceeds traceable to any violation of this 
     chapter.
       ``(2) The provisions of chapter 46 of this title relating 
     to civil forfeitures shall extend to any seizure or civil 
     forfeiture under this subsection.
       ``(d) Witness Protection.--Any violation of this chapter 
     shall be considered an organized criminal activity or other 
     serious offense for the purposes of application of chapter 
     224 (relating to witness protection).''; and
       (3) by amending the table of sections at the beginning of 
     chapter 77 by adding at the end the following new items:

``1589. Trafficking with respect to peonage, slavery, or involuntary 
              servitude.
``1590. Sex trafficking of children or by force, fraud, or coercion.
``1591. Unlawful conduct with respect to documents in furtherance of 
              trafficking, peonage, slavery, or involuntary servitude.
``1592. Mandatory restitution.
``1593. General provisions.''.

       (b) Amendment to the Sentencing Guidelines.--
       (1) Pursuant to its authority under section 994 of title 
     28, United States Code, and in accordance with this section, 
     the United States Sentencing Commission shall review and, if 
     appropriate, amend the sentencing guidelines and policy 
     statements applicable to persons convicted of offenses 
     involving the trafficking of persons including component or 
     related crimes of peonage, involuntary servitude, slave trade 
     offenses, and possession, transfer or sale of false 
     immigration documents in furtherance of trafficking.
       (2) In carrying out this subsection, the Sentencing 
     Commission shall--
       (A) take all appropriate measures to ensure that these 
     sentencing guidelines and policy statements applicable to the 
     offenses described in paragraph (1) of this subsection are 
     sufficiently stringent to deter and adequately reflect the 
     heinous nature of such offenses;
       (B) consider conforming the sentencing guidelines 
     applicable to offenses involving trafficking in persons to 
     the guidelines applicable to peonage, involuntary servitude, 
     and slave trade offenses; and
       (C) consider providing sentencing enhancements for those 
     convicted of the offenses described in paragraph (1) of this 
     subsection that--
       (i) involve a large number of victims;
       (ii) involve a pattern of continued and flagrant 
     violations;
       (iii) involve the use or threatened use of a dangerous 
     weapon; or
       (iv) result in the death or bodily injury of any person.
       (3) The Commission may promulgate the guidelines or 
     amendments under this subsection in accordance with the 
     procedures set forth in section 21(a) of the Sentencing Act 
     of 1987, as though the authority under that Act had not 
     expired.

     SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations in Support of the 
     Interagency Task Force.--To carry out the purposes of 
     sections 4, 5, and 10, there are authorized to be 
     appropriated to the Secretary of State $1,500,000 for fiscal 
     year 2001 and $3,000,000 for fiscal year 2002.
       (b) Authorization of Appropriations to the Secretary of 
     Health and Human Services.--To carry out the purposes of 
     section 7(b), there are authorized to be appropriated to the 
     Secretary of Health and Human Services $5,000,000 for fiscal 
     year 2001 and $10,000,000 for fiscal year 2002.
       (c) Authorization of Appropriations to the Secretary of 
     State.--
       (1) Assistance for victims in other countries.--To carry 
     out the purposes of section 7(a), there are authorized to be 
     appropriated to the Secretary of State $5,000,000 for fiscal 
     year 2001 and $10,000,000 for fiscal year 2002.
       (2) Voluntary contributions to osce.--To carry out the 
     purposes of section 9, there are authorized to be 
     appropriated to the Secretary of State $300,000 for voluntary 
     contributions to advance projects aimed at preventing 
     trafficking, promoting respect for human rights of 
     trafficking victims, and assisting the Organization for 
     Security and Cooperation in Europe participating states in 
     related legal reform for fiscal year 2001.
       (3) Preparation of annual country reports on human 
     rights.--To carry out the purposes of section 4, there are 
     authorized to be appropriated to the Secretary of State such 
     sums as may be necessary to include the additional 
     information required by that section in the annual Country 
     Reports on Human Rights Practices, including the preparation 
     and publication of the list described in subsection (a)(1) of 
     that section.
       (d) Authorization of Appropriations to Attorney General.--
     To carry out the purposes of section 7(b), there are 
     authorized to be appropriated to the Attorney General 
     $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal 
     year 2002.
       (e) Authorization of Appropriations to President.--
       (1) Foreign victim assistance.--To carry out the purposes 
     of section 6, there are authorized to be appropriated to the 
     President $5,000,000 for fiscal year 2001 and $10,000,000 for 
     fiscal year 2002.
       (2) Assistance to foreign countries to meet minimum 
     standards.--To carry out the purposes of section 9, there are 
     authorized to be appropriated to the President $5,000,000 for 
     fiscal year 2001 and $10,000,000 for fiscal year 2002.
       (f) Authorization of Appropriations to the Secretary of 
     Labor.--To carry out the purposes of section 7(b), there are 
     authorized to be appropriated to the Secretary of Labor 
     $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal 
     year 2002.
                                 ______
                                 

                        HATCH AMENDMENT NO. 4028

  Mr. HATCH proposed an amendment to amendment No. 4027, previously 
proposed by Mr. Hatch (for Mr. Brownback (for himself and Mr. 
Wellstone)) to the bill, H.R. 3244, supra; as follows:

       Strike section 12 of the amendment and insert the 
     following:

     SEC. 12. STRENGTHENING PROSECUTION AND PUNISHMENT OF 
                   TRAFFICKERS.

       (a) Title 18 Amendments.--Chapter 77 of title 18, United 
     States Code, is amended--
       (1) in each of sections 1581(a), 1583, and 1584--
       (A) by striking ``10 years'' and inserting ``20 years''; 
     and
       (B) by adding at the end the following: ``If death results 
     from a violation of this section, or if under this section 
     the defendant's acts constitute kidnapping or an attempt to 
     kidnap, aggravated sexual abuse or the attempt to commit 
     aggravated sexual abuse, or an attempt to kill, the defendant 
     shall be fined under this title or imprisoned for any term of 
     years or life, or both.'';
       (2) in section 1584--
       (A) by inserting ``(a)'' before ``Whoever''; and
       (B) by adding at the end the following new subsection:
       ``(b) For the purposes of this section, the term 
     `involuntary servitude' includes a condition of servitude 
     induced by means of--
       ``(1) any act, scheme, plan, or pattern intended to cause a 
     person to believe that, if the person did not enter into or 
     continue in such condition, that person or another person 
     would suffer serious harm or physical restraint, or
       ``(2) the abuse or threatened abuse of the legal 
     process.'';
       (3) by inserting at the end the following new sections:

     ``Sec. 1589. Trafficking with respect to peonage, slavery, or 
       involuntary servitude

       ``Whoever knowingly recruits, harbors, transports, 
     provides, or obtains by any means any person in or into a 
     condition that constitutes a violation of this chapter for 
     the purpose of subjecting the person to or maintaining the 
     person in such condition shall be fined under this title or 
     imprisoned not more than 20 years, or both. If death results 
     from a violation of this section, or if under this section 
     the defendant's acts constitute kidnapping or an attempt to 
     kidnap, aggravated sexual abuse, or the attempt to commit 
     aggravated sexual abuse, or an attempt to kill, the defendant 
     shall be fined under this title or imprisoned for any term of 
     years or life, or both.

     ``Sec. 1590. Sex trafficking of children or by force, fraud, 
       or coercion

       ``(a) In General.--Whoever knowingly--
       ``(1) recruits, harbors, transports, provides, or obtains 
     by any means a person; or
       ``(2) benefits, financially or otherwise, from an 
     enterprise in which a person has been recruited, harbored, 
     transported, provided, or obtained in violation of paragraph 
     (1),

     knowing that force, fraud, or coercion described in 
     subsection (c)(2) will be used to cause the person to engage 
     in a commercial sex act, or that the person has not attained 
     the age of 18 years and will be caused to engage in a 
     commercial sex act, shall be punished as provided in 
     subsection (b).
       ``(b) Punishment.--An offense under subsection (a) is 
     punishable--
       ``(1) if the offense was effected by force, fraud, or 
     coercion, or if the person transported had not attained the 
     age of 14 years at the time of such offense, by a fine under 
     this title or imprisonment for any term of years or for life, 
     or both; or
       ``(2) if the offense was not so effected, and the person 
     transported had attained the age of 14 years but had not 
     attained the age of 18 years at the time of such offense, by 
     a fine under this title or imprisonment for not more than 20 
     years, or both.
       ``(c) Definition.--In this section:
       ``(1) Coercion.--The term `coercion' includes--
       ``(A) any act, scheme, plan, or pattern intended to cause a 
     person to believe that if the person did not engage in a 
     commercial sex act, that person or another person would 
     suffer serious harm or physical restraint, and

[[Page S7945]]

       ``(B) the abuse or threatened abuse of law or the legal 
     process.
       ``(2) Commercial sex act.--The term `commercial sex act' 
     means any sex act, in or affecting interstate or foreign 
     commerce, on account of which anything of value is given to 
     or received by any person, and--
       ``(A) which takes place in the United States; or
       ``(B) in which either the person who caused or is expected 
     to participate in the act or the person committing the 
     violation is a United States citizen or an alien admitted for 
     permanent residence in the United States.

     ``Sec. 1591. Unlawful conduct with respect to documents in 
       furtherance of trafficking, peonage, slavery, or 
       involuntary servitude

       ``Whoever, without lawful authority, knowingly and 
     willfully destroys, conceals, removes, confiscates, or 
     possesses any identification, passport, or other immigration 
     document, or any other documentation of another person--
       ``(1) in the course of a violation of section 1581, 1583, 
     1584, 1589, 1590, or 1591 or attempt to commit such a 
     violation,
       ``(2) to prevent or restrict the person's liberty to move 
     or travel in order to obtain or maintain the labor or 
     services of another, or
       ``(3) in the course of the unlawful entry or attempted 
     unlawful entry of a person into the United States, in order 
     to obtain or maintain the labor or services of another,

     shall be fined under this title or imprisoned for not more 
     than 5 years, or both.

     ``Sec. 1592. Mandatory restitution

       ``(a) Notwithstanding section 3663 or 3663A, and in 
     addition to any other civil or criminal penalties authorized 
     by law, the court shall order restitution for any offense 
     under this chapter.
       ``(b)(1) The order of restitution under this section shall 
     direct the defendant to pay the victim (through the 
     appropriate court mechanism) the full amount of the victim's 
     losses, as determined by the court under paragraph (3) of 
     this subsection.
       ``(2) An order of restitution under this section shall be 
     issued and enforced in accordance with section 3664 in the 
     same manner as an order under section 3663A.
       ``(3) As used in this subsection, the term `full amount of 
     the victim's losses' has the same meaning as provided in 
     section 2259(b)(3) and shall in addition include the greater 
     of the gross income or value to the defendant of the victim's 
     services or labor or the value of the victim's labor as 
     guaranteed under the minimum wage and overtime guarantees of 
     the Fair Labor Standards Act (29 U.S.C. 201, et seq.).
       ``(c) As used in this section, the term `victim' means the 
     individual harmed as a result of a crime under this chapter, 
     including, in the case of a victim who is under 18 years of 
     age, incompetent, incapacitated, or deceased, the legal 
     guardian of the victim or a representative of the victim's 
     estate, or another family member, or any other person 
     appointed as suitable by the court, but in no event shall the 
     defendant be named such representative or guardian.

     ``Sec. 1593. General provisions

       ``(a) An attempt to violate section 1581, 1583, 1584, 1589, 
     1590, or 1591 shall be punishable in the same manner as a 
     completed violation of that section.
       ``(b) The court, in imposing sentence on any person 
     convicted of a violation of this chapter, shall order, in 
     addition to any other sentence imposed and irrespective of 
     any provision of State law, that such person shall forfeit to 
     the United States--
       ``(A) such person's interest in any property, real or 
     personal, that was used or intended to be used to commit or 
     to facilitate the commission of such violation; and
       ``(B) any property, real or personal, constituting or 
     derived from, any proceeds that such person obtained, 
     directly or indirectly, as a result of such violation.
       ``(c)(1) The following shall be subject to forfeiture to 
     the United States and no property right shall exist in them:
       ``(A) Any personal property used or intended to be used to 
     commit or to facilitate the commission of any violation of 
     this chapter.
       ``(B) Any property, real or personal, which constitutes or 
     is derived from proceeds traceable to any violation of this 
     chapter.
       ``(2) The provisions of chapter 46 of this title relating 
     to civil forfeitures shall extend to any seizure or civil 
     forfeiture under this subsection.
       ``(d) Witness Protection.--Any violation of this chapter 
     shall be considered an organized criminal activity or other 
     serious offense for the purposes of application of chapter 
     224 (relating to witness protection).''; and
       (3) by amending the table of sections at the beginning of 
     chapter 77 by adding at the end the following new items:

``1589. Trafficking with respect to peonage, slavery, or involuntary 
              servitude.
``1590. Sex trafficking of children or by force, fraud, or coercion.
``1591. Unlawful conduct with respect to documents in furtherance of 
              trafficking, peonage, slavery, or involuntary servitude.
``1592. Mandatory restitution.
``1593. General provisions.''.

       (b) Amendment to the Sentencing Guidelines.--
       (1) Pursuant to its authority under section 994 of title 
     28, United States Code, and in accordance with this section, 
     the United States Sentencing Commission shall review and, if 
     appropriate, amend the sentencing guidelines and policy 
     statements applicable to persons convicted of offenses 
     involving the trafficking of persons including component or 
     related crimes of peonage, involuntary servitude, slave trade 
     offenses, and possession, transfer or sale of false 
     immigration documents in furtherance of trafficking.
       (2) In carrying out this subsection, the Sentencing 
     Commission shall--
       (A) take all appropriate measures to ensure that these 
     sentencing guidelines and policy statements applicable to the 
     offenses described in paragraph (1) of this subsection are 
     sufficiently stringent to deter and adequately reflect the 
     heinous nature of such offenses;
       (B) consider conforming the sentencing guidelines 
     applicable to offenses involving trafficking in persons to 
     the guidelines applicable to peonage, involuntary servitude, 
     and slave trade offenses; and
       (C) consider providing sentencing enhancements for those 
     convicted of the offenses described in paragraph (1) of this 
     subsection that--
       (i) involve a large number of victims;
       (ii) involve a pattern of continued and flagrant 
     violations;
       (iii) involve the use or threatened use of a dangerous 
     weapon; or
       (iv) result in the death or bodily injury of any person.
       (3) The Commission may promulgate the guidelines or 
     amendments under this subsection in accordance with the 
     procedures set forth in section 21(a) of the Sentencing Act 
     of 1987, as though the authority under that Act had not 
     expired.
                                 ______
                                 

        BREAST CANCER RESEARCH STAMP REAUTHORIZATION ACT OF 2000

                                 ______
                                 

                 LEVIN (AND OTHERS) AMENDMENT NO. 4029

  Mr. SMITH of Oregon (for Mr. Levin (for himself, Mrs. Feinstein, and 
Mrs. Hutchison)) proposed an amendment to the bill (S. 2386) a bill to 
extend the Stamp Out Breast Cancer Act; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. AUTHORITY TO ISSUE SEMIPOSTAL STAMPS.

       (a) Short Title.--This Act may be cited as the ``Semipostal 
     Act of 2000''.
       (b) In General.--Chapter 4 of title 39, United States Code, 
     is amended by striking section 416 (as added by the 
     Semipostal Authorization Act) and inserting the following:

     ``Sec. 416. Authority to issue semipostals

       ``(a) Definitions.--In this section, the term--
       ``(1) `agency' means an Executive agency (as defined by 
     section 105 of title 5);
       ``(2) `amounts becoming available from the sale of a 
     semipostal under this section' means--
       ``(A) the total amounts received by the Postal Service with 
     respect to the applicable semipostal in excess of the first 
     class, first ounce rate, reduced by
       ``(B) an amount equal to the full costs incurred by the 
     Postal Service from the issuance and sale of the average 
     first class, first ounce rate stamp, plus any additional 
     costs incurred by the Postal Service unique to the issuance 
     of the applicable semipostal; and
       ``(3) `semipostal' means a special postage stamp which is 
     issued and sold by the Postal Service, at a premium, in order 
     to help provide funding for an issue of national importance.
       ``(b) Authority.--The Postal Service may issue no more than 
     1 semipostal each year, and sell such semipostals, in 
     accordance with this section.
       ``(c) Rates.--
       ``(1) In general.--The rate of postage on a semipostal 
     issued under this section shall be established by the 
     Governors, in accordance with such procedures as the 
     Governors shall by regulation promulgate (in lieu of the 
     procedures under chapter 36), except that--
       ``(A) the rate established for a semipostal under this 
     section shall be equal to the rate of postage that would 
     otherwise regularly apply, plus a differential of not to 
     exceed 25 percent; and
       ``(B) no regular rates of postage or fees for postal 
     services under chapter 36 shall be any different from what 
     such rates or fees otherwise would have been if this section 
     had not been enacted.
       ``(2) Voluntary use.--The use of any semipostal issued 
     under this section shall be voluntary on the part of postal 
     patrons.
       ``(d) Amounts Becoming Available.--
       ``(1) In general.--The amounts becoming available from the 
     sale of a semipostal under this section shall be transferred 
     to the appropriate agency or agencies under such arrangements 
     as the Postal Service shall by mutual agreement with each 
     such agency establish.
       ``(2) Issues of national importance and agencies.--
     Decisions under this section concerning issues of national 
     importance, and the appropriate agency or agencies to receive 
     amounts becoming available under this section, shall be made 
     applying the criteria

[[Page S7946]]

     and procedures established under subsection (f).
       ``(3) Recovery of costs.--
       ``(A) In general.--Not later than 6 months after the date 
     of enactment of the Semipostal Act of 2000, the Postal 
     Service shall establish a system to account for all revenues 
     and the full costs (including related labor and 
     administrative costs) associated with selecting, developing, 
     marketing, and selling semipostals under this section. The 
     system shall track and account for semipostal revenues and 
     costs separately from the revenues and costs of all other 
     postage stamps.
       ``(B) Payment.--Before making any payment to any agency 
     under subsection (d)(1), the Postal Service shall recover the 
     full costs incurred by the Postal Service as of the date of 
     such payment.
       ``(C) Minimum costs.--The Postal Service shall to the 
     maximum extent practicable keep the costs incurred by the 
     Postal Service in issuing a semipostal to a minimum.
       ``(4) Other funding not to be affected.--Amounts which have 
     or may become available from the sale of a semipostal under 
     this section shall not be taken into account in any decision 
     relating to the level of appropriations or other Federal 
     funding to be furnished to an agency in any year.
       ``(e) Congressional Review.--
       ``(1) Before the Postal Service can take action with 
     respect to the implementation of a decision to issue a 
     semipostal, the Postal Service shall submit to each House of 
     the Congress a report containing--
       ``(A) a copy of the decision;
       ``(B) a concise explanation of the basis for the decision; 
     and
       ``(C) the proposed effective date of the semipostal.
       ``(2) Upon receipt of a report submitted under subsection 
     (1), each House shall provide copies of the report to the 
     chairman and ranking member of the Governmental Affairs 
     Committee in the Senate and the Government Reform Committee 
     in the House.
       ``(3) The decision of the Postal Service with respect to 
     the implementation of a decision to issue a semipostal shall 
     take effect on the latest of--
       ``(A) the date occurring 60 days after the date on which 
     the Congress receives the report submitted under subsection 
     (1);
       ``(B) if the Congress passes a joint resolution of 
     disapproval described in section 7, and the President signs a 
     veto of such resolution, the earlier date--
       ``(i) on which either House of Congress votes and fails to 
     override the veto of the President; or
       ``(ii) occurring 30 session days after the date on which 
     the Congress received the veto and objections of the 
     President; or
       ``(C) the date the decision would have otherwise been 
     implemented, if not for this section (unless a joint 
     resolution of disapproval under section 7 is enacted).
       ``(4) Notwithstanding subsection (3), the decision of the 
     Postal Service with respect to the implementation of a 
     decision to issue a semipostal shall not be delayed by 
     operation of this subsection beyond the date on which either 
     House of Congress votes to reject a joint resolution of 
     disapproval under section 7.
       ``(5) The Postal Service shall not implement a decision to 
     issue a semipostal if the Congress enacts a joint resolution 
     of disapproval, described under subsection 7.
       ``(6)(A) In addition to the opportunity for review 
     otherwise provided under this chapter, in the case of any 
     decision for which a report was submitted in accordance with 
     subsection (1) during the period beginning on the date 
     occurring 30 days before the date the Congress adjourns a 
     session of Congress through the date on which the same or 
     succeeding Congress first convenes its next session, this 
     section shall apply to such rule in the succeeding session of 
     Congress.
       ``(B) In applying this section for purposes of such 
     additional review, a decision described under subsection (1) 
     shall be treated as though--
       ``(i) the decision were made on--
       ``(I) in the case of the Senate, the 5th session day, or
       ``(II) in the case of the House of Representatives, the 5th 
     legislative day,

     after the succeeding session of Congress first convenes; and

       ``(ii) a report on such rule were submitted to Congress 
     under subsection (1) on such date.
       ``(7) For purposes of this section, the term ``joint 
     resolution'' means only a joint resolution introduced in the 
     period beginning on the date on which the report referred to 
     in subsection 1 is received by Congress and ending 60 days 
     thereafter (excluding days either House of Congress is 
     adjourned for more than 3 days during a session of Congress), 
     the matter after the resolving clause of which is as follows: 
     ``that Congress disapproves the decision of the Postal 
     Service submitted on ___ relating to the issuance of ___ 
     semipostal, and the Postal Service shall take no action to 
     implement such decision.'' (The blank spaces being 
     appropriately filled in).
       ``(8)(A) A joint resolution described in subsection (7) 
     shall be referred to the committees in each House of Congress 
     with jurisdiction.
       ``(B) For purposes of this subsection, the term 
     ``submission date'' means the date on which the Congress 
     receives the report submitted under section 1.
       ``(9) In the Senate, if the committee to which is referred 
     a joint resolution described in subsection (7) has not 
     reported such joint resolution (or an identical joint 
     resolution) at the end of 20 calendar days after the 
     submission date defined under subsection (8)(B), such 
     committee may be discharged from further consideration of 
     such joint resolution upon a petition supported in writing by 
     30 Members of the Senate, and such joint resolution shall be 
     placed on the calendar.
       ``(10)(A) In the Senate, when the committee to which a 
     joint resolution is referred has reported, or when a 
     committee is discharged (under subsection (9)) from further 
     consideration of a joint resolution described in subsection 
     (7), it is at any time thereafter in order (even though a 
     previous motion to the same effect has been disagreed to) for 
     a motion to proceed to the consideration of the joint 
     resolution, and all points of order against the joint 
     resolution (and against consideration of the joint 
     resolution) are waived. The motion is not subject to 
     amendment, or to a motion to postpone, or to a motion to 
     proceed to the consideration of other business. A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order. If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     Senate until disposed of.
       ``(B) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 10 hours, which shall be 
     divided equally between those favoring and those opposing 
     the joint resolution. A motion further to limit debate is 
     in order and not debatable. An amendment to, or a motion 
     to postpone, or a motion to proceed to the consideration 
     of other business, or a motion to recommit the joint 
     resolution is not in order.
       ``(C) In the Senate, immediately following the conclusion 
     of the debate on a joint resolution described in subsection 
     (7), and a single quorum call at the conclusion of the debate 
     if requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       ``(D) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (7) 
     shall be decided without debate.
       ``(11) In the Senate the procedure specified in subsection 
     (9) or (10) shall not apply to the consideration of a joint 
     resolution respecting a Postal Service decision to implement 
     a decision to issue a semipostal--
       ``(A) after the expiration of the 60 session days beginning 
     with the applicable submission date, or
       ``(B) if the report under subsection (1) was submitted 
     during the period referred to in subsection (6), after the 
     expiration of the 60 session days beginning on the 5th 
     session day after the succeeding session of Congress first 
     convenes.
       ``(12) If, before the passage by one House of a joint 
     resolution of that House described in subsection (7), that 
     House receives from the other House a joint resolution 
     described in subsection (7), then the following procedures 
     shall apply:
       ``(A) The joint resolution of the other House shall not be 
     referred to a committee.
       ``(B) With respect to a joint resolution described in 
     subsection (7) of the House receiving the joint resolution--
       ``(i) the procedure in that House shall be the same as if 
     no joint resolution had been received from the other House; 
     but
       ``(ii) the vote on final passage shall be on the joint 
     resolution of the other House.
       ``(13) This section is enacted by Congress--
       ``(A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a joint resolution described in 
     subsection (7), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       ``(B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
       ``(f) Regulations.--
       ``(1) In general.--Not later than 6 months after the date 
     of enactment of the Semipostal Act of 2000, the Postal 
     Service shall promulgate regulations to carry out this 
     section, including provisions relating to--
       ``(A) which office or other body within the Postal Service 
     will be responsible for making the decisions described in 
     subsection (d)(2);
       ``(B) what criteria and procedures will be applied in 
     making those decisions;
       ``(A) In general.--If any semipostal ceases to be offered 
     during the period covered by a report, the information 
     contained in such report shall also include--
       ``(i) the dates on which the sale of such semipostal 
     commenced and terminated; and
       ``(ii) the total amount that became available from the sale 
     of such semipostal and any agency to which such amount was 
     made available.
       ``(B) Semipostals that cease to be offered.--For each year 
     before the year in which a semipostal ceases to be offered, 
     any report under this subsection shall include, for that 
     semipostal and for the year covered by that report, the 
     information described under clauses (i) and (ii).
       ``(h) No Individual Right Created.--This section is not 
     intended to and does not create any right or benefit, 
     substantive or procedural, enforceable at law by any party

[[Page S7947]]

     against the Postal Service, its Governors, officers or 
     employees, the United States, its agencies or 
     instrumentalities, its officers or employees, or any other 
     person.
       ``(i) Inapplicability to Breast Cancer Research Special 
     Stamps.--This section shall not apply to special postage 
     stamps issued under section 414.
       ``(j) Termination.--This section shall cease to be 
     effective at the end of the 10-year period beginning on the 
     date on which semipostals are first made available to the 
     public under this section.''.
       (c) Reports by Agencies.--
       (1) In general.--Each agency that receives any funding in a 
     year under section 416 of title 39, United States Code (as 
     amended by this section) shall submit a written report under 
     this subsection with respect to such year to the 
     congressional committees with jurisdiction over the United 
     States Postal Service.
       (2) Contents.--Each report under this subsection shall 
     include--
       (A) the total amount of funding received by such agency 
     under section 416 of such title during the year to which the 
     report pertains;
       (B) an accounting of how any funds received by such agency 
     under section 416 of such title were allocated or otherwise 
     used by such agency in such year; and
       (C) a description of the effectiveness in addressing the 
     applicable issue of national importance that occurred as a 
     result of the funding.
       (d) Reports by the General Accounting Office.--
       (1) Initial report.--Not later than 4 months after 
     semipostal stamps are first made available to the public 
     under section 416 of title 39, United States Code (as amended 
     by this section), the General Accounting Office shall submit 
     to the President and each house of Congress an initial report 
     on the operation of the program established under such 
     section.
       (2) Interim reports.--Not later than the third year, and 
     again not later than the sixth year, after semipostal stamps 
     are first made available to the public under section 416 of 
     title 39, United States Code (as amended by this section), 
     the General Accounting Office shall submit to the President 
     and each house of Congress an interim report on the operation 
     of the program established under such section.
       (3) Final report.--Not later than 6 months before the date 
     of termination of the effectiveness of section 416 of title 
     39, United States Code (as amended by this section), the 
     General Accounting Office shall submit to the President and 
     each house of Congress a final report on the operation of the 
     program established under such section. The final report 
     shall contain a detailed statement of the findings and 
     conclusions of the General Accounting Office, and any 
     recommendation the General Accounting Office considers 
     appropriate.
       (e) Conforming Amendment.--Section 2 of the Semipostal 
     Authorization Act is amended by striking subsections (b), 
     (c), and (e).
       (f) Effective Date.--This section shall take effect on the 
     date of enactment of this Act and the program under section 
     416 of title 39, United States Code (as amended by this 
     section) shall be established not later than 1 year after the 
     date of enactment of this Act.
       Amend the title of the bill so as to read: ``To authorize 
     the United States Postal Service to issue semipostals, and 
     for other purposes.''.

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