[Congressional Record Volume 146, Number 115 (Monday, September 25, 2000)]
[Senate]
[Pages S9202-S9206]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

    AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY ACT OF 2000

                                 ______
                                 

                       CONRAD AMENDMENT NO. 4183

  (Ordered to lie on the table.)
  Mr. CONRAD submitted an amendment intended to be proposed by him to 
the bill (S. 2045) amending the Immigration and Nationality Act with 
respect to H-1B nonimmigrant aliens; as follows:

       At the end of the bill, add the following:

     SEC.   . EXCLUSION OF CERTAIN ``J'' NONIMMIGRANTS FROM 
                   NUMERICAL LIMITATIONS APPLICATION TO ``H-1B 
                   NONIMMIGRANTS.

       The numerical limitations contained in section 2 of this 
     Act shall not apply to any nonimmigrant alien granted a 
     waiver that is subject to the limitation contained in 
     paragraph (1)(B) of the first section 214(l) of the 
     Immigration and Nationality Act (relating to restrictions on 
     waivers).
                                 ______
                                 

                KENNEDY (AND OTHERS) AMENDMENT NO. 4184

  (Ordered to lie on the table.)
  Mr. KENNEDY (for himself, Mr. Reid, Mr. Durbin, Mr. Reed, Mr. Graham, 
Mr. Leahy, Mr. Wellstone, and Mr. Daschle) submitted an amendment 
intended to be proposed by them to the bill, S. 2045, supra; as 
follows:

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

         TITLE ____--LATINO AND IMMIGRANT FAIRNESS ACT OF 2000

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Latino and Immigrant 
     Fairness Act of 2000''.

            Subtitle A--Central American and Haitian Parity

     SEC. ____11. SHORT TITLE.

       This subtitle may be cited as the ``Central American and 
     Haitian Parity Act of 2000''.

     SEC. ____12. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS FROM 
                   EL SALVADOR, GUATEMALA, HONDURAS, AND HAITI.

       Section 202 of the Nicaraguan Adjustment and Central 
     American Relief Act is amended--
       (1) in the section heading, by striking ``nicaraguans and 
     cubans'' and inserting ``nicaraguans, cubans, salvadorans, 
     guatemalans, hondurans, and haitians'';
       (2) in subsection (a)(1)(A), by striking ``2000'' and 
     inserting ``2003'';
       (3) in subsection (b)(1), by striking ``Nicaragua or Cuba'' 
     and inserting ``Nicaragua, Cuba, El Salvador, Guatemala, 
     Honduras, or Haiti''; and
       (4) in subsection (d)--
       (A) in subparagraph (A), by striking ``Nicaragua or Cuba'' 
     and inserting ``Nicaragua, Cuba, El Salvador, Guatamala, 
     Honduras, or Haiti; and
       (B) in subparagraph (E), by striking ``2000'' and inserting 
     ``2003''.

     SEC. ____13. APPLICATIONS PENDING UNDER AMENDMENTS MADE BY 
                   SECTION 203 OF THE NICARAGUAN ADJUSTMENT AND 
                   CENTRAL AMERICAN RELIEF ACT.

       An application for relief properly filed by a national of 
     Guatemala or El Salvador under the amendments made by section 
     203 of the Nicaraguan Adjustment and Central American Relief 
     Act which was filed on or before the date of enactment of 
     this Act, and on which a final administrative determination 
     has not been made, shall, at the election of the applicant, 
     be considered to be an application for adjustment of status 
     under the provisions of section 202 of the Nicaraguan 
     Adjustment and Central American Relief Act, as amended by 
     sections ____12 and ____15 of

[[Page S9203]]

     this Act, upon the payment of any fees, and in accordance 
     with procedures, that the Attorney General shall prescribe by 
     regulation. The Attorney General may not refund any fees paid 
     in connection with an application filed by a national of 
     Guatemala or El Salvador under the amendments made by section 
     203 of that Act.

     SEC. ____14. APPLICATIONS PENDING UNDER THE HAITIAN REFUGEE 
                   IMMIGRATION FAIRNESS ACT OF 1998.

       An application for adjustment of status properly filed by a 
     national of Haiti under the Haitian Refugee Immigration 
     Fairness Act of 1998 which was filed on or before the date of 
     enactment of this Act, and on which a final administrative 
     determination has not been made, may be considered by the 
     Attorney General to also constitute an application for 
     adjustment of status under the provisions of section 202 of 
     the Nicaraguan Adjustment and Central American Relief Act, as 
     amended by sections ____12 and ____15 of this Act.

     SEC. ____15. TECHNICAL AMENDMENTS TO THE NICARAGUAN 
                   ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT.

       (a) In General.--Section 202 of the Nicaraguan Adjustment 
     and Central American Relief Act is amended--
       (1) in subsection (a)--
       (A) by inserting before the period at the end of paragraph 
     (1)(B) the following: ``, and the Attorney General may, in 
     the unreviewable discretion of the Attorney General, waive 
     the grounds of inadmissibility specified in section 212(a)(1) 
     (A)(i) and (6)(C) of such Act for humanitarian purposes, to 
     assure family unity, or when it is otherwise in the public 
     interest'';
       (B) by redesignating paragraph (2) as paragraph (3);
       (C) by inserting after paragraph (1) the following:
       ``(2) Inapplicability of certain provisions.--In 
     determining the eligibility of an alien described in 
     subsection (b) or (d) for either adjustment of status under 
     this section or other relief necessary to establish 
     eligibility for such adjustment, the provisions of section 
     241(a)(5) of the Immigration and Nationality Act shall not 
     apply. In addition, an alien who would otherwise be 
     inadmissible pursuant to section 212(a)(9) (A) or (C) of such 
     Act may apply for the Attorney General's consent to reapply 
     for admission without regard to the requirement that the 
     consent be granted prior to the date of the alien's 
     reembarkation at a place outside the United States or attempt 
     to be admitted from foreign contiguous territory, in order to 
     qualify for the exception to those grounds of inadmissibility 
     set forth in section 212(a)(9) (A)(iii) and (C)(ii) of such 
     Act.''; and
       (D) by amending paragraph (3) (as redesignated by 
     subparagraph (B)) to read as follows:
       ``(3) Relationship of application to certain orders.--An 
     alien present in the United States who has been ordered 
     excluded, deported, or removed, or ordered to depart 
     voluntarily from the United States under any provision of the 
     Immigration and Nationality Act may, notwithstanding such 
     order, apply for adjustment of status under paragraph (1). 
     Such an alien may not be required, as a condition of 
     submitting or granting such application, to file a separate 
     motion to reopen, reconsider, or vacate such order. Such an 
     alien may be required to seek a stay of such an order in 
     accordance with subsection (c) to prevent the execution of 
     that order pending the adjudication of the application for 
     adjustment of status. If the Attorney General denies a stay 
     of a final order of exclusion, deportation, or removal, or if 
     the Attorney General renders a final administrative 
     determination to deny the application for adjustment of 
     status, the order shall be effective and enforceable to the 
     same extent as if the application had not been made. If the 
     Attorney General grants the application for adjustment of 
     status, the Attorney General shall cancel the order.'';
       (2) in subsection (b)(1), by adding at the end the 
     following: ``Subsection (a) shall not apply to an alien 
     lawfully admitted for permanent residence, unless the alien 
     is applying for relief under that subsection in deportation 
     or removal proceedings.'';
       (3) in subsection (c)(1), by adding at the end the 
     following: ``Nothing in this Act requires the Attorney 
     General to stay the removal of an alien who is ineligible for 
     adjustment of status under this Act.'';
       (4) in subsection (d)--
       (A) by amending the subsection heading to read as follows: 
     ``Spouses, Children, and Unmarried Sons and Daughters.--'';
       (B) by amending the heading of paragraph (1) to read as 
     follows: ``Adjustment of status.--'';
       (C) by amending paragraph (1)(A) to read as follows:
       ``(A) the alien entered the United States on or before the 
     date of enactment of the Central American and Haitian Parity 
     Act of 2000;'';
       (D) in paragraph (1)(B), by striking ``except that in the 
     case of'' and inserting the following: ``except that--
       ``(i) in the case of such a spouse, stepchild, or unmarried 
     stepson or stepdaughter, the qualifying marriage was entered 
     into before the date of enactment of the Central American and 
     Haitian Parity Act of 2000; and
       ``(ii) in the case of''; and
       (E) by adding at the end the following new paragraph:
       ``(3) Eligibility of certain spouses and children for 
     issuance of immigrant visas.--
       ``(A) In general.--In accordance with regulations to be 
     promulgated by the Attorney General and the Secretary of 
     State, upon approval of an application for adjustment of 
     status to that of an alien lawfully admitted for permanent 
     residence under subsection (a), an alien who is the spouse or 
     child of the alien being granted such status may be issued a 
     visa for admission to the United States as an immigrant 
     following to join the principal applicant, if the spouse or 
     child--
       ``(i) meets the requirements in paragraphs (1)(B) and 
     (1)(D); and
       ``(ii) applies for such a visa within a time period to be 
     established by such regulations.
       ``(B) Retention of fees for processing applications.--The 
     Secretary of State may retain fees to recover the cost of 
     immigrant visa application processing and issuance for 
     certain spouses and children of aliens whose applications for 
     adjustment of status under subsection (a) have been approved. 
     Such fees--
       ``(i) shall be deposited as an offsetting collection to any 
     Department of State appropriation to recover the cost of such 
     processing and issuance; and
       ``(ii) shall be available until expended for the same 
     purposes of such appropriation to support consular 
     activities.'';
       (5) in subsection (g), by inserting ``, or an immigrant 
     classification,'' after ``for permanent residence''; and
       (6) by adding at the end the following new subsection:
       ``(i) Statutory Construction.--Nothing in this section 
     authorizes any alien to apply for admission to, be admitted 
     to, be paroled into, or otherwise lawfully return to the 
     United States, to apply for, or to pursue an application for 
     adjustment of status under this section without the express 
     authorization of the Attorney General.''.
       (b) Effective Date.--The amendments made by paragraphs 
     (1)(D), (2), and (6) shall be effective as if included in the 
     enactment of the Nicaraguan and Central American Relief Act. 
     The amendments made by paragraphs (1) (A)-(C), (3), (4), and 
     (5) shall take effect on the date of enactment of this Act.

     SEC. ____16. TECHNICAL AMENDMENTS TO THE HAITIAN REFUGEE 
                   IMMIGRATION FAIRNESS ACT OF 1998.

       (a) In General.--Section 902 of the Haitian Refugee 
     Immigration Fairness Act of 1998 is amended--
       (1) in subsection (a)--
       (A) by inserting before the period at the end of paragraph 
     (1)(B) the following: ``, and the Attorney General may waive 
     the grounds of inadmissibility specified in section 212(a) 
     (1)(A)(i) and (6)(C) of such Act for humanitarian purposes, 
     to assure family unity, or when it is otherwise in the public 
     interest'';
       (B) by redesignating paragraph (2) as paragraph (3);
       (C) by inserting after paragraph (1) the following:
       ``(2) Inapplicability of certain provisions.--In 
     determining the eligibility of an alien described in 
     subsection (b) or (d) for either adjustment of status under 
     this section or other relief necessary to establish 
     eligibility for such adjustment, or for permission to reapply 
     for admission to the United States for the purpose of 
     adjustment of status under this section, the provisions of 
     section 241(a)(5) of the Immigration and Nationality Act 
     shall not apply. In addition, an alien who would otherwise be 
     inadmissible pursuant to section 212(a)(9) (A) or (C) of such 
     Act may apply for the Attorney General's consent to reapply 
     for admission without regard to the requirement that the 
     consent be granted prior to the date of the alien's 
     reembarkation at a place outside the United States or attempt 
     to be admitted from foreign contiguous territory, in order to 
     qualify for the exception to those grounds of inadmissibility 
     set forth in section 212(a)(9) (A)(iii) and (C)(ii) of such 
     Act.''; and
       (D) by amending paragraph (3) (as redesignated by 
     subparagraph (B)) to read as follows:
       ``(3) Relationship of application to certain orders.--An 
     alien present in the United States who has been ordered 
     excluded, deported, removed, or ordered to depart voluntarily 
     from the United States under any provision of the Immigration 
     and Nationality Act may, notwithstanding such order, apply 
     for adjustment of status under paragraph (1). Such an alien 
     may not be required, as a condition of submitting or granting 
     such application, to file a separate motion to reopen, 
     reconsider, or vacate such order. Such an alien may be 
     required to seek a stay of such an order in accordance with 
     subsection (c) to prevent the execution of that order pending 
     the adjudication of the application for adjustment of status. 
     If the Attorney General denies a stay of a final order of 
     exclusion, deportation, or removal, or if the Attorney 
     General renders a final administrative determination to deny 
     the application for adjustment of status, the order shall be 
     effective and enforceable to the same extent as if the 
     application had not been made. If the Attorney General grants 
     the application for adjustment of status, the Attorney 
     General shall cancel the order.'';
       (2) in subsection (b)(1), by adding at the end the 
     following: ``Subsection (a) shall not apply to an alien 
     lawfully admitted for permanent residence, unless the alien 
     is applying for such relief under that subsection in 
     deportation or removal proceedings.'';
       (3) in subsection (c)(1), by adding at the end the 
     following: ``Nothing in this Act shall require the Attorney 
     General to stay the removal of an alien who is ineligible for 
     adjustment of status under this Act.'';
       (4) in subsection (d)--

[[Page S9204]]

       (A) by amending the subsection heading to read as follows: 
     ``Spouses, Children, and Unmarried Sons and Daughters.--'';
       (B) by amending the heading of paragraph (1) to read as 
     follows: ``Adjustment of status.--'';
       (C) by amending paragraph (1)(A), to read as follows:
       ``(A) the alien entered the United States on or before the 
     date of enactment of the Central American and Haitian Parity 
     Act of 2000;'';
       (D) in paragraph (1)(B), by striking ``except that in the 
     case of'' and inserting the following: ``except that--
       ``(i) in the case of such a spouse, stepchild, or unmarried 
     stepson or stepdaughter, the qualifying marriage was entered 
     into before the date of enactment of the Central American and 
     Haitian Parity Act of 2000; and
       ``(ii) in the case of'';
       (E) by adding at the end of paragraph (1) the following new 
     subparagraph:
       ``(E) the alien applies for such adjustment before April 3, 
     2003.''; and
       (F) by adding at the end the following new paragraph:
       ``(3) Eligibility of certain spouses and children for 
     issuance of immigrant visas.--
       ``(A) In general.--In accordance with regulations to be 
     promulgated by the Attorney General and the Secretary of 
     State, upon approval of an application for adjustment of 
     status to that of an alien lawfully admitted for permanent 
     residence under subsection (a), an alien who is the spouse or 
     child of the alien being granted such status may be issued a 
     visa for admission to the United States as an immigrant 
     following to join the principal applicant, if the spouse or 
     child--
       ``(i) meets the requirements in paragraphs (1)(B) and 
     (1)(D); and
       ``(ii) applies for such a visa within a time period to be 
     established by such regulations.
       ``(B) Retention of fees for processing applications.--The 
     Secretary of State may retain fees to recover the cost of 
     immigrant visa application processing and issuance for 
     certain spouses and children of aliens whose applications for 
     adjustment of status under subsection (a) have been approved. 
     Such fees--
       ``(i) shall be deposited as an offsetting collection to any 
     Department of State appropriation to recover the cost of such 
     processing and issuance; and
       ``(ii) shall be available until expended for the same 
     purposes of such appropriation to support consular 
     activities.'';
       (5) in subsection (g), by inserting ``, or an immigrant 
     classification,'' after ``for permanent residence'';
       (6) by redesignating subsections (i), (j), and (k) as 
     subsections (j), (k), and (l), respectively; and
       (7) by inserting after subsection (h) the following new 
     subsection:
       ``(i) Statutory Construction.--Nothing in this section 
     authorizes any alien to apply for admission to, be admitted 
     to, be paroled into, or otherwise lawfully return to the 
     United States, to apply for, or to pursue an application for 
     adjustment of status under this section without the express 
     authorization of the Attorney General.''.
       (b) Effective Date.--The amendments made by paragraphs 
     (1)(D), (2), and (6) shall be effective as if included in the 
     enactment of the Haitian Refugee Immigration Fairness Act of 
     1998. The amendments made by paragraphs (1) (A)-(C), (3), 
     (4), and (5) shall take effect on the date of enactment of 
     this Act.

     SEC. ____17. MOTIONS TO REOPEN.

       (a) Nationals of Haiti.--Notwithstanding any time and 
     number limitations imposed by law on motions to reopen, a 
     national of Haiti who, on the date of enactment of this Act, 
     has a final administrative denial of an application for 
     adjustment of status under the Haitian Refugee Immigration 
     Fairness Act of 1998, and is made eligible for adjustment of 
     status under that Act by the amendments made by this title, 
     may file one motion to reopen an exclusion, deportation, or 
     removal proceeding to have the application reconsidered. Any 
     such motion shall be filed within 180 days of the date of 
     enactment of this Act. The scope of any proceeding reopened 
     on this basis shall be limited to a determination of the 
     alien's eligibility for adjustment of status under the 
     Haitian Refugee Immigration Fairness Act of 1998.
       (b) Nationals of Cuba.--Notwithstanding any time and number 
     limitations imposed by law on motions to reopen, a national 
     of Cuba or Nicaragua who, on the date of enactment of the 
     Act, has a final administrative denial of an application for 
     adjustment of status under the Nicaraguan Adjustment and 
     Central American Relief Act, and who is made eligible for 
     adjustment of status under that Act by the amendments made by 
     this title, may file one motion to reopen an exclusion, 
     deportation, or removal proceeding to have the application 
     reconsidered. Any such motion shall be filed within 180 days 
     of the date of enactment of this Act. The scope of any 
     proceeding reopened on this basis shall be limited to a 
     determination of the alien's eligibility for adjustment of 
     status under the Nicaraguan Adjustment and Central American 
     Relief Act.

            Subtitle B--Adjustment of Status of Other Aliens

     SEC. ____21. ADJUSTMENT OF STATUS.

       (a) General Authority.--Notwithstanding any other provision 
     of law, an alien described in paragraph (1) or (2) of 
     subsection (b) shall be eligible for adjustment of status by 
     the Attorney General under the same procedures and under the 
     same grounds of eligibility as are applicable to the 
     adjustment of status of aliens under section 202 of the 
     Nicaraguan Adjustment and Central American Relief Act.
       (b) Covered Aliens.--An alien referred to in subsection (a) 
     is--
       (1) any alien who was a national of the Soviet Union, 
     Russia, any republic of the former Soviet Union, Latvia, 
     Estonia, Lithuania, Poland, Czechoslovakia, Romania, Hungary, 
     Bulgaria, Albania, East Germany, Yugoslavia, any or state of 
     the former Yugoslavia and who has been physically present in 
     the United States for a continuous period, beginning not 
     later than December 1, 1995, and ending not earlier than the 
     date the application for adjustment under subsection (a) is 
     filed, except an alien shall not be considered to have failed 
     to maintain continuous physical presence by reason of an 
     absence, or absences, from the United States for any periods 
     in the aggregate not exceeding 180 days; and
       (2) any alien who is a national of Liberia and who has been 
     physically present in the United States for a continuous 
     period, beginning not later than December 31, 1996, and 
     ending not earlier than the date the application for 
     adjustment under subsection (a) is filed, except an alien 
     shall not be considered to have failed to maintain continuous 
     physical presence by reason of an absence, or absences, from 
     the United States for any periods in the aggregate not 
     exceeding 180 days.

Subtitle C--Restoration of Section 245(i) Adjustment of Status Benefits

     SEC. ____31. REMOVAL OF CERTAIN LIMITATIONS ON ELIGIBILITY 
                   FOR ADJUSTMENT OF STATUS UNDER SECTION 245(I).

       (a) In General.--Section 245(i)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1255(i)(1)) is amended by striking 
     ``(i)(1)'' through ``The Attorney General'' and inserting the 
     following:
       ``(i)(1) Notwithstanding the provisions of subsections (a) 
     and (c) of this section, an alien physically present in the 
     United States who--
       ``(A) entered the United States without inspection; or
       ``(B) is within one of the classes enumerated in subsection 
     (c) of this section;
     may apply to the Attorney General for the adjustment of his 
     or her status to that of an alien lawfully admitted for 
     permanent residence. The Attorney General''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective as if included in the enactment of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1998 (Public Law 
     105-119; 111 Stat. 2440).

     SEC. ____32. USE OF SECTION 245(I) FEES.

       Section 245(i)(3)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1255(i)(3)(B)) is amended to read as follows:
       ``(B) One-half of any remaining portion of such fees 
     remitted under such paragraphs shall be deposited by the 
     Attorney General into the Immigration Examinations Fee 
     Account established under section 286(m), and one-half of any 
     remaining portion of such fees shall be deposited by the 
     Attorney General into the Breached Bond/Detention Fund 
     established under section 286(r).''.

               Subtitle D--Extension of Registry Benefits

     SEC. ____41. SHORT TITLE.

       This subtitle may be cited as the ``Date of Registry Act of 
     2000''.

     SEC. ____42. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN 
                   THE CASE OF CERTAIN ALIENS.

       (a) In General.--Section 249 of the Immigration and 
     Nationality Act (8 U.S.C. 1259) is amended--
       (1) in subsection (a), by striking ``January 1, 1972'' and 
     inserting ``January 1, 1986''; and
       (2) by striking ``january 1, 1972'' in the heading and 
     inserting ``january 1, 1986''.
       (b) Effective Dates.--
       (1) General rule.--The amendments made by subsection (a) 
     shall take effect on the date of enactment of this Act.
       (2) Extension of date of registry.--
       (A) Period beginning january 1, 2002.--Beginning on January 
     1, 2002, section 249 of the Immigration and Nationality Act 
     (8 U.S.C. 1259) is amended by striking ``January 1, 1986'' 
     each place it appears and inserting ``January 1, 1987''.
       (B) Period beginning january 1, 2003.--Beginning on January 
     1, 2003, section 249 of such Act is amended by striking 
     ``January 1, 1987'' each place it appears and inserting 
     ``January 1, 1988''.
       (C) Period beginning january 1, 2004.--Beginning on January 
     1, 2004, section 249 of such Act is amended by striking 
     ``January 1, 1988'' each place it appears and inserting 
     ``January 1, 1989''.
       (D) Period beginning january 1, 2005.--Beginning on January 
     1, 2005, section 249 of such Act is amended by striking 
     ``January 1, 1989'' each place it appears and inserting 
     ``January 1, 1990''.
       (E) Period beginning january 1, 2006.--Beginning on January 
     1, 2006, section 249 of such Act is amended by striking 
     ``January 1, 1990'' each place it appears and inserting 
     ``January 1, 1991''.


 ``record of admission for permanent residence in the case of certain 
 aliens who entered the United States prior to july 1, 1924 or january 
                               1, 1986''.

       (3) Table of contents.--The table of contents of the 
     Immigration and Nationality Act is amended by amending the 
     item relating to section 249 to read as follows:


[[Page S9205]]


``Sec. 249. Record of admission for permanent residence in the case of 
              certain aliens who entered the United States prior to 
              July 1, 1924 or January 1, 1986.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2001, and the amendment made 
     by subsection (a) shall apply to applications to record 
     lawful admission for permanent residence that are filed on or 
     after January 1, 2001.
                                 ______
                                 

                   KENNEDY AMENDMENTS NOS. 4185-4187

  (Ordered to lie on the table.)
  Mr. KENNEDY submitted three amendments intended to be proposed by him 
to the bill, S. 2045, supra; as follows:

                           Amendment No. 4185

       On page 9, strike line 24 and all that follows through page 
     11, line 13, and insert the following:

     SEC. 2. TEMPORARY INCREASE IN NUMBER OF ALIENS AUTHORIZED TO 
                   BE GRANTED H-1B NONIMMIGRANT STATUS.

       Section 214(g)(1)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(g)(1)(A)) is amended by striking clauses 
     (iii), (iv), and (v) and inserting the following:
       ``(iii) 200,000 in each of the fiscal years 2000, 2001, and 
     2002; and
       ``(iv) 65,000 in each succeeding fiscal year.''.

     SEC. 3. ALLOCATION OF H-1B NUMBERS FOR HIGHLY SKILLED 
                   PROFESSIONALS.

       Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)), as amended by section 2, is further amended 
     by adding at the end the following new paragraphs:
       ``(5)(A) Of the total number of aliens authorized to be 
     granted nonimmigrant status under section 101(a)(15)(H)(i)(b) 
     in a fiscal year, not less than 12,000 shall be nonimmigrant 
     aliens issued visas or otherwise provided status under 
     section 101(a)(15)(H)(i)(b) who are employed (or have 
     received an offer of employment) at--
       ``(i) an institution of higher education (as defined in 
     section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))), or a related or affiliated nonprofit entity;
       ``(ii) a nonprofit entity that engages in established 
     curriculum-related clinical training of students registered 
     at any such institution; or
       ``(iii) a nonprofit research organization or a governmental 
     research organization.
       ``(B) To the extent the 12,000 visas or grants of status 
     specified in subparagraph (A) are not issued or provided by 
     the end of the third quarter of each fiscal year, the 
     remainder of such visas or grants of status shall be 
     available for aliens described in paragraph (6) as well as 
     aliens described in subparagraph (A).
       ``(6) Of the total number of aliens authorized to be 
     granted nonimmigrant status under section 
     101(a)(15)(H)(i)(b), not less than 40 percent for fiscal year 
     2000, not less than 45 percent for fiscal year 2001, and not 
     less than 50 percent for fiscal year 2002, are authorized for 
     such status only if the aliens have attained at least a 
     master's degree from an institution of higher education (as 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a))) in the United States or an equivalent 
     degree (as determined in a credential evaluation performed by 
     a private entity prior to filing a petition) from such an 
     institution abroad.''.
                                  ____


                           Amendment No. 4186

       On page 16, after line 8, insert the following:

     DEPARTMENT OF LABOR SURVEY; REPORT.

       (g) Survey.--The Secretary of Labor shall conduct an 
     ongoing survey of the level of compliance by employers with 
     the provisions and requirements of the H-1B visa program. In 
     conducting this survey, the Secretary shall use an 
     independently developed random sample of employers that have 
     petitioned the INS for H-1B visas. The Secretary is 
     authorized to pursue appropriate penalties where appropriate.
       (b) Report.--Beginning 2 years after the date of enactment 
     of this Act, and biennially thereafter, the Secretary of 
     Labor shall submit a report to Congress containing the 
     findings of the survey conducted during the preceding 2-year 
     period.
                                  ____


                           Amendment No. 4187

       On page 20, after line 13, insert the following:
       Section 286(s)(5) of the Immigration and Nationality Act (8 
     U.S.C. (s)(5) is amended to read as follows:
       (f) Use of Fees for Duties Relating to Petitions.--4 
     percent of the amounts deposited into the H-1B Nonimmigrant 
     Petitioner Account shall remain available to the Attorney 
     General until expended to carry out duties under paragraphs 
     (1) and (9) of section 214(c) related to petitions made for 
     nonimmigrants described in section 101(a)(15)(H)(i)(b), under 
     paragraph (1) (C) or (D) of section 204 related to petitions 
     for immigrants described in section 203(b), and under section 
     212(n)(5).''.
       Notwithstanding any other provision of this Act, the figure 
     on page 17, line 19 is deemed to be ``55 percent''; the 
     figure on page 17, line 21 is deemed to be ``22 percent''; 
     the figure on page 17, line 23 is deemed to be ``4 percent''; 
     and the figure on page 18, line 12 is deemed to be ``15 
     percent''.
                                 ______
                                 

                WATER RESOURCES DEVELOPMENT ACT OF 2000

                                 ______
                                 

                       ABRAHAM AMENDMENT NO. 4188

  Mr. SMITH of New Hampshire (for Mr. Abraham) proposed an amendment to 
the bill (S. 2796) providing for the conservation and development of 
water and related resources, to authorize the Secretary of the Army to 
construct various projects for improvements to rivers and harbors of 
the United States, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC.  . EXPORT OF WATER FROM GREAT LAKES.

       (a) Additional Finding.--Section 1109(b) of the Water 
     Resources Development Act of 1986 (42 U.S.C. 1962d-20(b)) is 
     amended by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), and by inserting after paragraph (1) the 
     following:
       (2) to encourage the Great Lakes States, in consultation 
     with the Provinces of Ontario and Quebec, to develop and 
     implement a mechanism that provides a common conservation 
     standard embodying the principles of water conservation and 
     resource improvement for making decisions concerning the 
     withdrawal and use of water from the Great Lakes Basin;
       (b) Approval of Governors for Export of Water.--Section 
     1109(d) of the Water Resources Development Act of 1986 (42 
     U.S.C. 1962d-20(d)) is amended by
       (1) inserting or exported after diverted; and
       (2) inserting or export after diversion.
       (c) Sense of the Congress.--It is the Sense of the Congress 
     that the Secretary of State should work with the Canadian 
     Government to encourage and support the Provinces in the 
     development and implementation of a mechanism and standard 
     concerning the withdrawal and use of water from the Great 
     Lakes Basin consistent with those mechanisms and standards 
     developed by the Great Lakes States.
                                 ______
                                 

                 VETERANS CLAIMS ASSISTANCE ACT OF 2000

                                 ______
                                 

              SPECTER (AND ROCKEFELLER) AMENDMENT NO. 4189

  Mr. BROWNBACK (for Mr. Specter (for himself and Mr. Rockefeller)) 
proposed an amendment to the bill (H.R. 4864) to amend title 38, United 
States Code, to reaffirm and clarify the duty of the Secretary of 
Veterans Affairs to assist claimants for benefits under laws 
administered by the Secretary, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans Claims Assistance 
     Act of 2000''.

     SEC. 2. CLARIFICATION OF DEFINITION OF ``CLAIMANT'' FOR 
                   PURPOSES OF VETERANS CLAIMS.

       Chapter 51 of title 38, United States Code, is amended by 
     inserting before section 5101 the following new section:

     ``Sec. 5100. Definition of `claimant'

       ``For purposes of this chapter, the term `claimant' means 
     any individual applying for, or submitting a claim for, any 
     benefit under the laws administered by the Secretary.''.

     SEC. 3. ASSISTANCE TO CLAIMANTS.

       (a) Reaffirmation and Clarification of Duty To Assist.--
     Chapter 51 of title 38, United States Code, is further 
     amended by striking sections 5102 and 5103 and inserting the 
     following:

     ``Sec. 5102. Application forms furnished upon request; notice 
       to claimants of incomplete applications

       ``(a) Furnishing Forms.--Upon request made by any person 
     claiming or applying for, or expressing an intent to claim or 
     apply for, a benefit under the laws administered by the 
     Secretary, the Secretary shall furnish such person, free of 
     all expense, all instructions and forms necessary to apply 
     for that benefit.
       ``(b) Incomplete Applications.--If a claimant's application 
     for a benefit under the laws administered by the Secretary is 
     incomplete, the Secretary shall notify the claimant and the 
     claimant's representative, if any, of the information 
     necessary to complete the application.

     ``Sec. 5103. Notice to claimants of required information and 
       evidence

       ``(a) Required Information and Evidence.--Upon receipt of a 
     complete or substantially complete application, the Secretary 
     shall notify the claimant and the claimant's representative, 
     if any, of any information, and any medical or lay evidence, 
     not previously provided to the Secretary that is necessary to 
     substantiate the claim. As part of that notice, the Secretary 
     shall indicate which portion of that information and 
     evidence, if any, is to be provided by the claimant and which 
     portion, if any, the Secretary, in accordance with section 
     5103A of this title and any other applicable provisions of 
     law, will attempt to obtain on behalf of the claimant.

[[Page S9206]]

       ``(b) Time Limitation.--(1) In the case of information or 
     evidence that the claimant is notified under subsection (a) 
     is to be provided by the claimant, if such information or 
     evidence is not received by the Secretary within one year 
     from the date of such notification, no benefit may be paid or 
     furnished by reason of the claimant's application.
       ``(2) This subsection shall not apply to any application or 
     claim for Government life insurance benefits.

     ``Sec. 5103A. Duty to assist claimants

       ``(a) Duty To Assist.--(1) The Secretary shall make 
     reasonable efforts to assist a claimant in obtaining evidence 
     necessary to substantiate the claimant's claim for a benefit 
     under a law administered by the Secretary.
       ``(2) The Secretary is not required to provide assistance 
     to a claimant under this section if no reasonable possibility 
     exists that such assistance would aid in substantiating the 
     claim.
       ``(3) The Secretary may defer providing assistance under 
     this section pending the submission by the claimant of 
     essential information missing from the claimant's 
     application.
       ``(b) Assistance in Obtaining Records.--(1) As part of the 
     assistance provided under subsection (a), the Secretary shall 
     make reasonable efforts to obtain relevant records (including 
     private records) that the claimant adequately identifies to 
     the Secretary and authorizes the Secretary to obtain.
       ``(2) Whenever the Secretary, after making such reasonable 
     efforts, is unable to obtain all of the relevant records 
     sought, the Secretary shall notify the claimant that the 
     Secretary is unable to obtain records with respect to the 
     claim. Such a notification shall--
       ``(A) identify the records the Secretary is unable to 
     obtain;
       ``(B) briefly explain the efforts that the Secretary made 
     to obtain those records; and
       ``(C) describe any further action to be taken by the 
     Secretary with respect to the claim.
       ``(3) Whenever the Secretary attempts to obtain records 
     from a Federal department or agency under this subsection or 
     subsection (c), the efforts to obtain those records shall 
     continue until the records are obtained unless it is 
     reasonably certain that such records do not exist or that 
     further efforts to obtain those records would be futile.
       ``(c) Obtaining Records for Compensation Claims.--In the 
     case of a claim for disability compensation, the assistance 
     provided by the Secretary under subsection (b) shall include 
     obtaining the following records if relevant to the claim:
       ``(1) The claimant's service medical records and, if the 
     claimant has furnished the Secretary information sufficient 
     to locate such records, other relevant records pertaining to 
     the claimant's active military, naval, or air service that 
     are held or maintained by a governmental entity.
       ``(2) Records of relevant medical treatment or examination 
     of the claimant at Department health-care facilities or at 
     the expense of the Department, if the claimant furnishes 
     information sufficient to locate those records.
       ``(3) Any other relevant records held by any Federal 
     department or agency that the claimant adequately identifies 
     and authorizes the Secretary to obtain.
       ``(d) Medical Examinations for Compensation Claims.--(1) In 
     the case of a claim for disability compensation, the 
     assistance provided by the Secretary under subsection (a) 
     shall include providing a medical examination or obtaining a 
     medical opinion when such an examination or opinion is 
     necessary to make a decision on the claim.
       ``(2) The Secretary shall treat an examination or opinion 
     as being necessary to make a decision on a claim for purposes 
     of paragraph (1) if the evidence of record before the 
     Secretary, taking into consideration all information and lay 
     or medical evidence (including statements of the claimant)--
       ``(A) contains competent evidence that the claimant has a 
     current disability, or persistent or recurrent symptoms of 
     disability; and
       ``(B) indicates that the disability or symptoms may be 
     associated with the claimant's active military, naval, or air 
     service; but
       ``(C) does not contain sufficient medical evidence for the 
     Secretary to make a decision on the claim.
       ``(e) Regulations.--The Secretary shall prescribe 
     regulations to carry out this section.
       ``(f) Rule With Respect to Disallowed Claims.--Nothing in 
     this section shall be construed to require the Secretary to 
     reopen a claim that has been disallowed except when new and 
     material evidence is presented or secured, as described in 
     section 5108 of this title.
       ``(g) Other Assistance Not Precluded.--Nothing in this 
     section shall be construed as precluding the Secretary from 
     providing such other assistance under subsection (a) to a 
     claimant in substantiating a claim as the Secretary considers 
     appropriate.''.
       (b) Reenactment of Rule for Claimant's Lacking a Mailing 
     Address.--Chapter 51 of such title is further amended by 
     adding at the end the following new section:

     ``Sec. 5126. Benefits not to be denied based on lack of 
       mailing address

       ``Benefits under laws administered by the Secretary may not 
     be denied a claimant on the basis that the claimant does not 
     have a mailing address.''.

     SEC. 4. DECISION ON CLAIM.

       Section 5107 of title 38, United States Code, is amended to 
     read as follows:

     ``Sec. 5107. Claimant responsibility; benefit of the doubt

       ``(a) Claimant Responsibility.--Except as otherwise 
     provided by law, a claimant has the responsibility to present 
     and support a claim for benefits under laws administered by 
     the Secretary.
       ``(b) Benefit of the Doubt.--The Secretary shall consider 
     all information and lay and medical evidence of record in a 
     case before the Secretary with respect to benefits under laws 
     administered by the Secretary. When there is an approximate 
     balance of positive and negative evidence regarding any issue 
     material to the determination of a matter, the Secretary 
     shall give the benefit of the doubt to the claimant.''.

     SEC. 5. PROHIBITION OF CHARGES FOR RECORDS FURNISHED BY OTHER 
                   FEDERAL DEPARTMENTS AND AGENCIES.

       Section 5106 of title 38, United States Code, is amended by 
     adding at the end the following new sentence: ``The cost of 
     providing information to the Secretary under this section 
     shall be borne by the department or agency providing the 
     information.''.

     SEC. 6. CLERICAL AMENDMENTS.

       The table of sections at the beginning of chapter 51 of 
     title 38, United States Code, is amended--
       (1) by inserting before the item relating to section 5101 
     the following new item:

``5100. Definition of `claimant'.'';
       (2) by striking the items relating to sections 5102 and 
     5103 and inserting the following:

``5102. Application forms furnished upon request; notice to claimants 
              of incomplete applications.
``5103. Notice to claimants of required information and evidence.
``5103A. Duty to assist claimants.'';
       (3) by striking the item relating to section 5107 and 
     inserting the following:

``5107. Claimant responsibility; benefit of the doubt.'';
     and
       (4) by adding at the end the following new item:

``5126. Benefits not to be denied based on lack of mailing address.''.

     SEC. 7. EFFECTIVE DATE.

       (a) In General.--Except as specifically provided otherwise, 
     the provisions of section 5107 of title 38, United States 
     Code, as amended by section 4 of this Act, apply to any 
     claim--
       (1) filed on or after the date of the enactment of this 
     Act; or
       (2) filed before the date of the enactment of this Act and 
     not final as of that date.
       (b) Rule for Claims the Denial of Which Became Final After 
     the Court of Appeals for Veterans Claims Decision in the 
     Morton Case.--(1) In the case of a claim for benefits denied 
     or dismissed as described in paragraph (2), the Secretary of 
     Veterans Affairs shall, upon the request of the claimant or 
     on the Secretary's own motion, order the claim readjudicated 
     under chapter 51 of such title, as amended by this Act, as if 
     the denial or dismissal had not been made.
       (2) A denial or dismissal described in this paragraph is a 
     denial or dismissal of a claim for a benefit under the laws 
     administered by the Secretary of Veterans Affairs that--
       (A) became final during the period beginning on July 14, 
     1999, and ending on the date of the enactment of this Act; 
     and
       (B) was issued by the Secretary of Veterans Affairs or a 
     court because the claim was not well grounded (as that term 
     was used in section 5107(a) of title 38, United States Code, 
     as in effect during that period).
       (3) A claim may not be readjudicated under this subsection 
     unless a request for readjudication is filed by the claimant, 
     or a motion is made by the Secretary, not later than two 
     years after the date of the enactment of this Act.
       (4) In the absence of a timely request of a claimant under 
     paragraph (3), nothing in this Act shall be construed as 
     establishing a duty on the part of the Secretary of Veterans 
     Affairs to locate and readjudicate a claim described in this 
     subsection.

                          ____________________