[Congressional Record Volume 146, Number 118 (Thursday, September 28, 2000)]
[Senate]
[Pages S9480-S9525]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                AMENDMENTS SUBMITTED--SEPTEMBER 27, 2000

                                 ______
                                 

      PROFESSIONAL STANDARDS FOR GOVERNMENT ATTORNEYS ACT OF 1999

                                 ______
                                 

                        LEAHY AMENDMENT NO. 4218

  (Ordered referred to the Committee on the Judiciary)
  Mr. LEAHY submitted an amendment intended to be proposed by him to 
the bill (S. 855) to clarify the applicable standards of professional 
conduct for attorneys for the Government, and 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 ``Professional Standards for 
     Government Attorneys Act of 2000''.

     SEC. 2. PROFESSIONAL STANDARDS FOR GOVERNMENT ATTORNEYS.

       Section 530B of title 28, United States Code, is amended to 
     read as follows:

     ``SEC. 530B. PROFESSIONAL STANDARDS FOR GOVERNMENT ATTORNEYS.

       ``(a) Definition.--In this section, the term `Government 
     attorney'--
       (1) means the Attorney General; the Deputy Attorney 
     General; the Solicitor General; the Assistant Attorneys 
     General for, and any attorney employed in, the Antitrust 
     Division, Civil Division, Civil Rights Division, Criminal 
     Division, Environment and Natural Resources Division, and Tax 
     Division; the Chief Counsel for the Drug Enforcement 
     Administration and any attorney employed in the DEA Office of 
     Chief Counsel; the General Counsel of the Federal Bureau of 
     Investigation and any attorney employed in the FBI Office of 
     General Counsel; any attorney employed in, or head of, any 
     other legal office in a Department of Justice agency; any 
     United States Attorney; any Assistant United States Attorney; 
     any Special Assistant to the Attorney General or Special 
     Attorney appointed under section 515; any Special Assistant 
     United States Attorney appointed under section 543 who is 
     authorized to conduct criminal or civil law enforcement 
     investigations or proceedings on behalf of the United States; 
     any other attorney employed by the Department of Justice who 
     is authorized to conduct criminal or civil law enforcement 
     proceedings on behalf of the United States; any independent 
     counsel, or employee of such counsel, appointed under chapter 
     40; and any outside special counsel, or employee of such 
     counsel, as may be duly appointed by the Attorney General; 
     and
       (2) does not include any attorney employed as an 
     investigator or other law enforcement agent by the Department 
     of Justice who is not authorized to represent the United 
     States in criminal or civil law enforcement litigation or to 
     supervise such proceedings.
       ``(b) Choice of Law.--Subject to any uniform national rule 
     prescribed by the Supreme Court under chapter 131, the 
     standards of professional responsibility that apply to a 
     Government attorney with respect to the attorney's work for 
     the Government shall be--
       ``(1) for conduct in connection with a proceeding in or 
     before a court, the standards of professional responsibility 
     established by the rules and decisions of that court;
       ``(2) for conduct in connection with a grand jury 
     proceeding, the standards of professional responsibility 
     established by the rules and decisions of the court under 
     whose authority the grand jury was impanelled; and

[[Page S9481]]

       ``(3) for all other conduct, the standards of professional 
     responsibility established by the rules and decisions of the 
     Federal district court for the judicial district in which the 
     attorney principally performs his official duties.
       ``(c) Disciplinary Authority.--
       ``(1) In general.--With respect to conduct that is governed 
     by the standards of professional responsibility of a Federal 
     court pursuant to subsection (b)--
       ``(A) a Government attorney is not subject to the 
     disciplinary authority of any disciplinary body other than a 
     Federal court or the Department of Justice's Office of 
     Professional Responsibility unless the attorney is referred 
     by a Federal court;
       ``(B) a Federal court shall not refer a Government attorney 
     to any disciplinary body except upon finding reasonable 
     grounds to believe that the attorney may have violated the 
     applicable standards of professional responsibility; and
       ``(C) in any exercise of disciplinary authority by any 
     disciplinary body under this subsection--
       ``(i) the standards of professional responsibility to be 
     applied shall be the standards applicable pursuant to 
     subsection (b); and
       ``(ii) the disciplinary body shall, whenever possible, seek 
     to promote Federal uniformity in the application of such 
     standards.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed to abridge, enlarge, or modify the 
     disciplinary authority of the Federal courts or the Office of 
     Professional Responsibility of the Department of Justice.
       ``(d) Licensure.--A Government attorney (except foreign 
     counsel employed in special cases)--
       (1) shall be duly licensed and authorized to practice as an 
     attorney under the laws of a State; and
       (2) shall not be required to be a member of the bar of any 
     particular State.
       ``(e) Rulemaking Authority.--The Attorney General shall 
     make and amend rules of the Department of Justice to assure 
     compliance with this section.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 31 of title 28, United States Code, is amended, in 
     the item relating to section 530B, by striking ``Ethical 
     standards for attorneys for the Government'' and inserting 
     ``Professional standards for Government attorneys''.
       (c) Reports.--
       (1) Uniform rule.--In order to encourage the Supreme Court 
     to prescribe, under chapter 131 of title 28, United States 
     Code, a uniform national rule for Government attorneys with 
     respect to communications with represented persons and 
     parties, not later than 1 year after the date of enactment of 
     this Act, the Judicial Conference of the United States shall 
     submit to the Chief Justice of the United States a report, 
     which shall include recommendations with respect to amending 
     the Federal Rules of Practice and Procedure to provide for 
     such a uniform national rule.
       (2) Actual or potential conflicts.--Not later than 2 years 
     after the date of enactment of this Act, the Judicial 
     Conference of the United States shall submit to the Chairmen 
     and Ranking Members of the Committees on the Judiciary of the 
     House of Representatives and the Senate a report, which shall 
     include--
       (A) a review of any areas of actual or potential conflict 
     between specific Federal duties related to the investigation 
     and prosecution of violations of Federal law and the 
     regulation of Government attorneys (as that term is defined 
     in section 530B of title 28, United States Code, as amended 
     by this Act) by existing standards of professional 
     responsibility; and
       (B) recommendations with respect to amending the Federal 
     Rules of Practice and Procedure to provide for additional 
     rules governing attorney conduct to address any areas of 
     actual or potential conflict identified pursuant to the 
     review under subparagraph (A).
       (3) Report Considerations.--In carrying out paragraphs (1) 
     and (2), the Judicial Conference of the United States shall 
     take into consideration--
       (A) the needs and circumstances of multiforum and 
     multijurisdictional litigation;
       (B) the special needs and interests of the United States in 
     investigating and prosecuting violations of Federal criminal 
     and civil law; and
       (C) practices that are approved under Federal statutory or 
     case law or that are otherwise consistent with traditional 
     Federal law enforcement techniques.
                                 ______
                                 

    AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY ACT OF 2000

                                 ______
                                 

                   KENNEDY AMENDMENTS NOS. 4219-4223

  (Ordered to lie on the table.)
  Mr. KENNEDY submitted five amendments intended to be proposed by him 
to the bill (S. 2045) amending the Immigration and Nationality Act with 
respect to H-1B nonimmigrant aliens.

                           Amendment No. 4219

       At the appropriate place, add the following:

     RECRUITMENT FROM UNDERREPRESENTED MINORITY GROUPS.

       Section 212(n)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1182(n)(1)), as amended by section 202, is further 
     amended by inserting after subparagraph (H) the following:
       ``(I) The employer certifies that the employer--
       ``(i) is taking steps to recruit qualified United States 
     workers who are members of underrepresented minority groups, 
     including--
       ``(I) recruiting at a wide geographical distribution of 
     institutions of higher education, including historically 
     black colleges and universities, other minority institutions, 
     community colleges, and vocational and technical colleges; 
     and
       ``(II) advertising of jobs to publications reaching 
     underrepresented groups of United States workers, including 
     workers older than 35, minority groups, non-English speakers, 
     and disabled veterans, and
       ``(ii) will submit to the Secretary of Labor at the end of 
     each fiscal year in which the employer employs an H-1B worker 
     a report that describes the steps so taken.

     For purposes of this subparagraph, the term `minority' 
     includes individuals who are African-American, Hispanic, 
     Asian, and women.''.
                                  ____


                           Amendment No. 4220

       At the appropriate place, add the following:

     DEPARTMENT OF LABOR SURVEY; REPORT.

       (1) 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.
       (2) 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. 4221

       At the appropriate place, add the following:

     USE OF FEES FOR DUTIES RELATING TO PETITIONS.

       Section 286(s)(5) of the Immigration and Nationality Act (8 
     U.S.C. (s)(5) is amended to read as follows:--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 
     describes 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 11, line 2 is deemed to be ``22 percent''; the figure 
     on page 12, line 25 deemed to be ``4 percent''; and the 
     figure on page 13 line 2 is deemed to be ``2 percent''.
                                  ____


                           Amendment No. 4222

       At the appropriate place, add the following:

     PARTNERSHIP CONSIDERATIONS.

       Consideration in the awarding of grants shall be given to 
     any partnership that involves a labor-management partnership, 
     voluntarily agreed to by labor and management, with the 
     ability to devise and implement a strategy for assessing the 
     employment and training needs of United States workers and 
     obtaining services to meet such needs.
                                  ____


                           Amendment No. 4223

       At the appropriate place, add the following:

     IMPOSITION OF FEES.

       Section 214(c)(9)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(c)(9)(A) is amended by striking ``(excluding'' 
     and all that follows through ``2001)'' and inserting 
     ``(excluding any employer any that is a primary or secondary 
     education institution, an institution of the higher 
     education, as defined in section 101(a) of the Higher 
     Education Act Of 1965 (20 U.S.C. 1001(a)), a nonprofit entity 
     which engages in established curriculum-related clinical 
     training of students registered at any such institution, a 
     nonprofit research organization, or a governmental research 
     organization) filing''.
                                 ______
                                 

                KENNEDY (AND OTHERS) AMENDMENT NO. 4224

  (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, 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''.

[[Page S9482]]

            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 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

[[Page S9483]]

     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)--
       (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).''.

[[Page S9484]]

               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.
       (c) 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 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:

``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 admissin for permanent residence that are filed on or 
     after January 1, 2001.
                                 ______
                                 

                       CONRAD AMENDMENT NO. 4225

  (Ordered to lie on the table.)
  Mr. CONRAD (for himself and Mr. Brownback) submitted an amendment 
intended to be proposed by them to the bill, S. 2045, supra; as 
follows:

       At the appropriate place, add the following:

     SEC.   . EXCLUSION OF CERTAIN ``J'' NONIMMIGRANTS FROM 
                   NUMERICAL LIMITATIONS APPLICABLE 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).
                                 ______
                                 

                        KERRY AMENDMENT NO. 4226

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

       At the appropriate place, insert the following:

     SEC. 9. STUDY AND REPORT ON THE ``DIGITAL DIVIDE''.

       (a) Study.--The Secretary of Commerce shall conduct a 
     review of existing public and private high-tech workforce 
     training programs in the United States.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Commerce shall submit 
     a report to Congress setting forth the findings of the study 
     conducted under subsection (a).
                                 ______
                                 

                  NATIONAL ENERGY SECURITY ACT OF 2000

                                 ______
                                 

                BINGAMAN (AND OTHERS) AMENDMENT NO. 4227

  (Ordered to lie on the table.)
  Mr. BINGAMAN (for himself, Mr. Daschle, Mr. Byrd, Mr. Baucus, Mr. 
Levin, Mr. Johnson, Mr. Rockefeller, Mr. Bayh, and Mr. Akaka) submitted 
an amendment intended to be proposed by them to the bill (S. 2045) 
protecting the energy security of the United States and decrease 
America's dependency on foreign oil sources to 50 percent by the year 
2010 by enhancing the use of renewable energy resources, conserving 
energy resources, improving energy efficiencies, and increasing 
domestic energy supplies, mitigating the effect of increases in energy 
prices on the American consumer, including the poor and the elderly, 
and for other purposes.

       Strike all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF 
                   CONTENTS.

       (a) Short Title.--This Act may be cited as the `Energy 
     Security Tax and Policy Act of 2000'.
       (b) Amendment of 1986 Code--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; amendment of 1986 Code; table of contents.

          Title I--Energy-Efficient Property Used in Business

Sec. 101. Incentive for Distributed Generation.
Sec. 102. Credit for energy-efficient property used in business, 
              including hybrid vehicles.
Sec. 103. Energy Efficient Commercial Building Property Deduction.

                  Title II--Nonbusiness Energy Systems

Sec. 201. Credit for certain nonbusiness energy systems.

                      Title III--Alternative Fuels

Sec. 301. Allocation of alcohol fuels credit to patrons of a 
              cooperative.

                         Title IV--Automobiles

Sec. 401. Extension of credit for qualified electric vehicles.
Sec. 402. Additional Deduction for Cost of Installation of Alternative 
              Fueling Stations.
Sec. 403. Credit for Retail Sale of Clean Burning Fuels as Motor 
              Vehicle Fuel.
Sec. 404. Exception to HOV Passenger Requirements for Alternative Fuel 
              Vehicles.

                    Title V--Clean Coal Technologies

Sec. 501. Credit for investment in qualifying clean coal technology.
Sec. 502. Credit for production from qualifying clean coal technology.
Sec. 503. Risk pool for qualifying clean coal technology.

                       Title VI--Methane Recovery

Sec. 601. Credit for capture of coalmine methane gas.

                   Title VII--Oil and Gas Production

Sec. 701. Credit for production of re-refined lubricating oil.
Sec. 702. Oil and gas from marginal wells.
Sec. 703. Deduction for delay rental payments.
Sec. 704. Election to expense geological and geophysical expenditures.

                 Title VIII--Renewable Power Generation

Sec. 801. Modifications to credit for electricity produced from 
              renewable resources.
Sec. 802. Credit for capital costs of qualified biomass-based 
              generating system.
Sec. 803. Treatment of facilities using bagasse to produce energy as 
              solid waste disposal facilities eligible for tax-exempt 
              financing.
Sec. 804. Federal renewable portfolio standard.

                         Title IX--Steelmaking

Sec. 901. Extension of credit for electricity to production from steel 
              congeneration.

                      Title X--Energy Emergencies

Sec. 1001. Energy Policy and Conservation Act Amendments.
Sec. 1002. Energy Conservation Programs for Schools and Hospitals.
Sec. 1003. State Energy Programs.
Sec. 1004. Annual Home Heating Readiness.
Sec. 1005. Summer Fill and Fuel Budgeting Programs.
Sec. 1006. Use of Energy Futures for Fuel Purchases.
Sec. 1007. Increased Use of Alternative Fuels by Federal Fleets.
Sec. 1008. Full Expensing of Home Heating Oil and Propane Storage 
              Facilities.

                      Title XI--Energy Efficiency

Sec. 1101. Energy Savings Performance Contracts.
Sec. 1102. Weatherization.
Sec. 1103. Public Benefits System.
Sec. 1104. National Oil Heat Research Alliance Act.

                         Title XII--Electricity

Sec. 1201. Comprehensive Indian Energy Program.
Sec. 1202. Interconnection.

          TITLE I--Energy-Efficient Property Used in Business

     SEC. 101. INCENTIVE FOR DISTRIBUTED GENERATION.

       (a) In General.--Section 168(e)(3)(E) of the Internal 
     Revenue Code (classifying certain property as 15-year 
     property) is amended by striking ``and'' at the end of clause 
     (ii), striking the period at the end of clause (iii) and 
     inserting ``, and'' and by adding the following new clauses:
       ``(iv) any distributed power property.''.

[[Page S9485]]

       (b) Conforming Amendments.--(1) Section 168(i) is amended 
     by adding at the end following new paragraph:
       ``(15) Distributed power property.--The term `distributed 
     power property' means property--
       ``(A) which is used in the generation of electricity for 
     primary use--
       ``(i) in nonresidential real or residential rental property 
     used in the taxpayer's trade or business, or
       ``(ii) in the taxpayer's industrial manufacturing process 
     of plant activity, with a rated total capacity in excess of 
     500 kilowatts,
       ``(B) which also may produce usable thermal energy or 
     mechanical power for use in a hearing or cooling application, 
     as long as at least 40 percent of the total useful energy 
     produced consists of--
       ``(i) with respect to assets described in subparagraph 
     (a)(i), electrical power (whether sold or used by the 
     taxpayer), or
       ``(ii) with respect to assets described in subparagraph 
     (A)(ii), electrical power (whether sold or used by the 
     taxpayer) and thermal or mechanical energy used in the 
     taxpayer's industrial manufacturing process or plant 
     activity,
       ``(C) which is not used to transport primary fuel to the 
     generating facility or to distribute energy within or outside 
     of the facility, and
       ``(D) where it is reasonably expected that not more than 50 
     percent of the produced electricity will be sold to, or used 
     by, unrelated persons.

     For purposes of subparagraph (B), energy output is determined 
     on the basis of expected annual output levels, measured in 
     British thermal units (Btu), using standard 
     conversion factors established by the Secretary.''.
       (2) Subparagraph (B) of section 168(g)(3) is amended by 
     inserting after the item relating to subparagraph (E)(iii) in 
     the table contained therein the following new line:
       ``(E)(iv) 22''.
       (c) Effective Date.--The amendments made by this section 
     are effective for property placed in service on or after 
     December 31, 2000.

     SEC. 102. CREDIT FOR CERTAIN ENERGY-EFFICIENT PROPERTY USED 
                   IN BUSINESS.

       (a) In General.--Subpart E of part IV of subchapter A of 
     chapter 1 (relating to rules for computing investment credit) 
     is amended by inserting after section 48 the following:

     ``SEC. 48A. ENERGY CREDIT.

       ``(a) In General.--For purposes of section 46, the energy 
     credit for any taxable year is the sum of--
       ``(1) the amount equal to the energy percentage of the 
     basis of each energy property placed in service during such 
     taxable year, and
       ``(2) the credit amount for each qualified hybrid vehicle 
     placed in service during the taxable year.
       ``(b) Energy Percentage.--
       ``(1) In general.--The energy percentage is--
       ``(A) except as otherwise provided in this subparagraph, 10 
     percent,
       ``(B) in the case of energy property described in clauses 
     (i), (iii), (vi), and (vii) of subsection (c)(1)(A), 20 
     percent,
       ``(C) in the case of energy property described in 
     subsection (c)(1)(A)(v), 15 percent, and
       ``(D) in the case of energy property described in 
     subsection (c)(1)(A)(ii) relating to a high risk geothermal 
     well, 20 percent.
       ``(2) Coordination with rehabilitation.--The energy 
     percentage shall not apply to that portion of the basis of 
     any property which is attributable to qualified 
     rehabilitation expenditures.
       ``(c) Energy Property Defined.--
       ``(1) In general.--For purposes of this subpart, the term 
     `energy property' means any property--
       ``(A) which is--
       ``(i) solar energy property,
       ``(ii) geothermal energy property,
       ``(iii) energy-efficient building property,
       ``(iv) combined heat and power system property,
       ``(v) low core loss distribution transformer property,
       ``(vi) qualified anaerobic digester property, or
       ``(vii) qualified wind energy systems equipment property,
       ``(B)(i) the construction, reconstruction, or erection of 
     which is completed by the taxpayer, or
       ``(ii) which is acquired by the taxpayer if the original 
     use of such property commences with the taxpayer,
       ``(C) which can reasonably be expected to remain in 
     operation for at least 5 years,
       ``(D) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable, and
       ``(E) which meets the performance and quality standards (if 
     any) which--
       ``(i) have been prescribed by the Secretary by regulations 
     (after consultation with the Secretary of Energy), and
       ``(ii) are in effect at the time of the acquisition of the 
     property.
       ``(2) Exceptions.--
       ``(A) Public utility property.--Such term shall not include 
     any property which is public utility property (as defined in 
     section 46(f)(5) as in effect on the day before the date of 
     the enactment of the Revenue Reconciliation Act of 1990), 
     except for property described in paragraph (1)(A)(iv).
       ``(B) Certain wind equipment.--Such term shall not include 
     equipment described in paragraph (1)(A)(vii) which is taken 
     into account for purposes of section 45 for the taxable year.
       `(d) Definitions Relating to Types of Energy Property.--For 
     purposes of this section--
       ``(1) Solar Energy Property.--
       ``(A) In general.--The term `solar energy property' means 
     equipment which uses solar energy to generate electricity, to 
     heat or cool (or provide hot water for use in) a structure, 
     or to provide solar process heat.
       ``(B) Swimming pools, etc., used as storage medium.--The 
     term `solar energy property' shall not include property with 
     respect to which expenditures are properly allocable to a 
     swimming pool, hot tub, or any other energy storage medium 
     which has a function other than the function of such storage.
       ``(C) Solar panels.--No solar panel or other property 
     installed as a roof (or portion thereof) shall fail to be 
     treated as solar energy property solely because it 
     constitutes a structural component of the structure on which 
     it is installed.
       ``(2) Geothermal energy property.--
       ``(A) In general.--The term `geothermal energy property' 
     means equipment used to produce, distribute, or use energy 
     derived from a geothermal deposit (within the meaning of 
     section 613(e)(2)), but only, in the case of electricity 
     generated by geothermal power, up to (but not including) the 
     electrical transmission stage.
       ``(B) High risk geothermal well.--The term `high risk 
     geothermal well' means a geothermal deposit (within the 
     meaning of section 613(e)(2)) which requires high risk 
     drilling techniques. Such deposit may not be located in a 
     State or national park or in an area in which the relevant 
     State park authority or the National Park Service determines 
     the development of such a deposit will negatively impact on a 
     State or national park.
       ``(3) Energy-efficient building property.--
       ``(A) In general.--The term `energy-efficient building 
     property' means--
       ``(i) a fuel cell that--
       ``(I) generates electricity and heat using an 
     electrochemical process,
       ``(II) has an electricity-only generation efficiency 
     greater than 35 percent, and
       ``(III) has a minimum generating capacity of 5 kilowatts,
       ``(ii) an electric heat pump hot water heater that yields 
     an energy factor of 1.7 or greater under standards prescribed 
     by the Secretary of Energy,
       ``(iii) an electric heat pump that has a heating system 
     performance factor (HSPF) of 9 or greater and a cooling 
     seasonal energy efficiency ratio (SEER) of 13.5 or greater,
       ``(iv) a natural gas heat pump that has a coefficient of 
     performance of not less than 1.25 for heating and not less 
     than 0.60 for cooling,
       ``(v) a central air conditioner that has a cooling seasonal 
     energy efficiency ratio (SEER) of 13.5 or greater,
       ``(vi) an advanced natural gas water heater that--
       ``(I) increases steady state efficiency and reduces standby 
     and vent losses, and
       ``(II) has an energy factor of at least 0.65,
       ``(vii) an advanced natural gas furnace that achieves a 95 
     percent AFUE, and
       ``(viii) natural gas cooling equipment--
       ``(I) that has a coefficient of performance of not less 
     than .60, or
       ``(II) that uses desiccant technology and has an efficiency 
     rating of 40 percent.
       ``(B) Limitations.--The credit under subsection (a)(1) for 
     the taxable year may not exceed--
       ``(i) $500 in the case of property described in 
     subparagraph (A) other than clauses (i) and (iv) thereof,
       ``(ii) $500 for each kilowatt of capacity in the case of a 
     fuel cell described in subparagraph (A)(i), and
       ``(iii) $1,000 in the case of a natural gas heat pump 
     described in subparagraph (A)(iv).
       ``(4) Combined heat and power system property.--
       ``(A) In general.--The term `combined heat and power system 
     property' means property--
       ``(i) comprising a system for using the same energy source 
     for the simultaneous or sequential generation of electrical 
     power, mechanical shaft power, or both, in combination with 
     steam, heat, or other forms of useful energy,
       ``(ii) that has an electrical capacity of more than 50 
     kilowatts or a mechanical energy capacity of more than 67 
     horsepower or an equivalent combination of electrical and 
     mechanical energy capacities, and
       ``(iii) that produces at least 20 percent of its total 
     useful energy in the form of both thermal energy and 
     electrical or mechanical power.
       ``(B) Accounting rule for public utility property.--In the 
     case that combined heat and power system property is public 
     utility property (as defined in section 46(f)(5) as in effect 
     on the day before the date of the enactment of the Revenue 
     Reconciliation Act of 1990), the taxpayer may only claim the 
     credit under subsection (a)(1) if, with respect to such 
     property, the taxpayer uses a normalization method of 
     accounting.
       ``(5) Low core loss distribution transformer property.--The 
     term `low core loss distribution transformer property' means 
     a distribution transformer which has energy savings from a 
     highly efficient core of at least 20 percent more than the 
     average for power ratings reported by studies required under 
     section 124 of the Energy Policy Act of 1992.

[[Page S9486]]

       ``(6) Qualified anaerobic digester property.--The term 
     `qualified anaerobic digester property' means an anaerobic 
     digester for manure or crop waste that achieves at least 65 
     percent efficiency measured in terms of the fraction of 
     energy input converted to electricity and useful thermal 
     energy.
       ``(7) Qualified wind energy systems equipment property.--
     The term `qualified wind energy systems equipment property' 
     means wind energy systems equipment with a turbine size of 
     not more than 50 kilowatts rated capacity.
       ``(e) Qualified Hybrid Vehicles.--For purposes of 
     subsection (a)(2).--
       ``(1) Credit amount.--
       ``(A) In general.--The credit amount for each qualified 
     hybrid vehicle with a rechargeable energy storage system that 
     provides the applicable percentage of the maximum available 
     power shall be the amount specified in the following table:

------------------------------------------------------------------------
  ``Applicable percentage greater than or     Less than--       Credit
            equal to--(percent)                (percent)      amount is:
------------------------------------------------------------------------
5.........................................             10           $500
10........................................             20          1,000
20........................................             30          1,500
30........................................                         2,000
------------------------------------------------------------------------

       ``(B) Increase in credit amount for regenerative braking 
     system.--In the case of a qualified hybrid vehicle that 
     actively employs a regenerative braking system which supplies 
     to the rechargeable energy storage system the applicable 
     percentage of the energy available from braking in atypical 
     60 miles per hour to 0 miles per hour braking event, the 
     credit amount determined under subparagraph (A) shall be 
     increased by the amount specified in the following table:

------------------------------------------------------------------------
                                                                Credit
  ``Applicable percentage Greater than or     Less than--       amount
            equal to--(percent)                (percent)       increase
                                                                 is:
------------------------------------------------------------------------
20........................................             40           $250
40........................................             60            500
60........................................                         1,000
------------------------------------------------------------------------

       ``(2) Qualified hybrid vehicle.--The term `qualified hybrid 
     vehicle means an automobile that meets all regulatory 
     requirements applicable to gasoline-powered automobiles and 
     that can draw propulsion energy from both of the following 
     on-board sources of stored energy:
       ``(A) A consumable fuel.
       ``(B) A rechargeable energy storage system, provided that 
     the automobile is at least 33% more efficient than the 
     average vehicle in its vehicle characterization as defined by 
     EPA.
       ``(3) Maximum available power.--The term `maximum available 
     power' means the maximum value of the sum of the heat engine 
     and electric drive system power or other non-heat energy 
     conversion devices available for a driver's command for 
     maximum acceleration at vehicle speeds under 75 miles per 
     hour.
       ``(4) Automobile.--The term `automobile' has the meaning 
     given such term by section 4064(b)(1) (without regard to 
     subparagraphs (B) and (C) thereof). A vehicle shall not fail 
     to be treated as an automobile solely by reason of weight if 
     such vehicle is rated at 8,500 pounds gross vehicle weight 
     rating or less.
       ``(5) Double benefit; property used outside united states, 
     etc., not qualified.--No credit shall be allowed under 
     subsection (a)(2) with respect to--
       ``(A) any property for which a credit is allowed under 
     section 25B or 30,
       ``(B) any property referred to in section 50(b), and
       ``(C) the portion of the cost of any property taken into 
     account under section 179 or 179A.
       ``(6) Regulations.--
       ``(A) Treasury.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this subsection.
       ``(B) Environmental protection agency.--The Administrator 
     of the Environmental Protection Agency shall prescribe such 
     regulations as may be necessary or appropriate to specify the 
     testing and calculation procedures that would be used to 
     determine whether a vehicle meets the qualifications for a 
     credit under this subsection.
       ``(7) Termination.--Paragraph (2) shall not apply with 
     respect to any vehicle placed in service during a calendar 
     year ending before January 1, 2003, or after December 31, 
     2006.
       ``(f) Special Rules.--For purposes of this section--
       ``(1) Special rule for property financed by subsidized 
     energy financing or industrial development bonds.--
       ``(A) Reduction of basis.--For purposes of applying the 
     energy percentage to any property, if such property is 
     financed in whole or in part by--
       ``(i) subsidized energy financing, or
       ``(ii) the proceeds of a private activity bond (within the 
     meaning of section 141) the interest on which is exempt from 
     tax under section 103, the amount taken into account as the 
     basis of such property shall not exceed the amount which (but 
     for this subparagraph) would be so taken into account 
     multiplied by the fraction determined under subparagraph (B).
       ``(B) Determination of fraction.--For purposes of 
     subparagraph (A), the fraction determined under this 
     subparagraph is 1 reduced by a fraction--
       ``(i) the numerator of which is that portion of the basis 
     of the property which is allocable to such financing or 
     proceeds, and
       ``(ii) the denominator of which is the basis of the 
     property.
       ``(C) Subsidized energy financing.--For purposes of 
     subparagraph (A), the term `subsidized energy financing' 
     means financing provided under a Federal, State, or local 
     program a principal purpose of which is to provide subsidized 
     financing for projects designed to conserve or produce 
     energy.
       ``(2) Certain progress expenditure rules made applicable.--
     Rules similar to the rules of subsections (c)(4) and (d) of 
     section 46 (as in effect on the day before the date of the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of this section.
       ``(g) Application of Section.--
       ``(1) In general.--Except as provided by paragraph (2) and 
     subsection (e), this section shall apply to property placed 
     in service after December 31, 2000, and before January 1, 
     2004.
       ``(2) Exceptions.--
       ``(A) Solar energy and geothermal energy property.--
     Paragraph (1) shall not apply to solar energy property or 
     geothermal energy property.
       ``(B) Fuel cell property.--In the case of property that is 
     a fuel cell described in subsection (d)(3)(A)(i), this 
     section shall apply to property placed in service after 
     December 31, 2000, and before January 1, 2005.''
       (e) Conforming Amendments.--
       (1) Section 48 is amended to read as follows:

     ``SEC. 48. REFORESTATION CREDIT.

       ``(a) In General.--For purposes of section 46, the 
     reforestation credit for any taxable year is 20 percent of 
     the portion of the amortizable basis of any qualified timber 
     property which was acquired during such taxable year and 
     which is taken into account under section 194 (after the 
     application of section 194(b)(1)).
       ``(b) Definitions.--For purposes of this subpart, the terms 
     `amortizable basis' and `qualified timber property' have the 
     respective meanings given to such terms by section 194.''
       (2) Section 39(d) is amended by adding at the end the 
     following:
       ``(9) No carryback of energy credit before effective 
     date.--No portion of the unused business credit for any 
     taxable year which is attributable to the energy credit 
     determined under section 48A may be carried back to a taxable 
     year ending before the date of the enactment of section 
     48A.''
       (3) Section 280C is amended by adding at the end the 
     following:
       ``(d) Credit for Energy Property Expenses.--
       ``(1) In general.--No deduction shall be allowed for that 
     portion of the expenses for energy property (as defined in 
     section 48A(c)) otherwise allowable as a deduction for the 
     taxable year which is equal to the amount of the credit 
     determined for such taxable year under section 48A(a).
       ``(2) Similar rule where taxpayer capitalizes rather than 
     deducts expenses.--
       ``(A) the amount of the credit allowable for the taxable 
     year under section 48A (determined without regard to section 
     38(c)), exceeds
       ``(B) the amount allowable as a deduction for the taxable 
     year for expenses for energy property (determined without 
     regard to paragraph (1)), the amount chargeable to capital 
     account for the taxable year for such expenses shall be 
     reduced by the amount of such excess.
       ``(3) Controlled groups.--Paragraph (3) of subsection (b) 
     shall apply for purposes of this subsection.''
       (4) Section 29(b)(3)(A)(i)(III) is amended by striking 
     ``section 48(a)(4)(C)'' and inserting ``section 
     48A(f)(1)(C)''.
       (5) Section 50(a)(2)(E) is amended by striking ``section 
     48(a)(5)'' and inserting ``section 48A(f)(2)''.
       (6) Section 168(e)(3)(B) is amended--
       (A) by striking clause (vi)(I) and inserting the following:
       ``(I) is described in paragraph (1) or (2) of section 
     48A(d) (or would be so described if ``solar and wind'' were 
     submitted for ``solar'' in paragraph (1)(B)),'', and
       (B) in the last sentence by striking ``section 48(a)(3)'' 
     and inserting ``section 48A(c)(2)(A)''.
       (c) Clerical Amendment.--The table of sections for subpart 
     E of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 48 and inserting the 
     following:

``Sec. 48. Reforestation credit.
``Sec. 48A. Energy credit.''

       (f) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2000, under rules similar to the rules of section 48(m) of 
     the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).

     SEC. 103. ENERGY EFFICIENT COMMERCIAL BUILDING PROPERTY 
                   DEDUCTION.

       ``(a) In General.--There shall be allowed as a deduction 
     for the taxable year an amount equal to the sum of the energy 
     efficient commercial building amount determined under 
     subsection (b).
       ``(b)(1) Deduction Allowed.--For purposes of subsection 
     (a)--
       ``(A) In general.--The energy efficient commercial building 
     property deduction determined under this subsection is an 
     amount equal to energy efficient commercial building property 
     expenditures made by a taxpayer for the taxable year.
       ``(B) Maximum amount of deduction.--The amount of energy 
     efficient commercial

[[Page S9487]]

     building property expenditures taken into account under 
     subparagraph (A) shall not exceed an amount equal to the 
     product of--
       ``(i) $2.25, and
       ``(ii) the square footage of the building with respect to 
     which the expenditures are made.
       ``(C) Year deduction allowed.--The deduction under 
     subparagraph (A) shall be allowed in the taxable year in 
     which the construction of the building is completed.
       ``(2) Energy Efficient Commercial Building Property 
     Expenditures.--For purposes of this subsection, the term 
     `energy efficient commercial building property expenditures' 
     means an amount paid or incurred for energy efficient 
     commercial building property installed on or in connection 
     with new construction or reconstruction of property--
       ``(A) for which depreciation is allowable under section 
     167,
       ``(B) which is located in the United States, and
       ``(C) the construction or erection of which is completed by 
     the taxpayer.

     Such property includes all residential rental property, 
     including low-rise multifamily structures and single family 
     housing property which is not within the scope of Standard 
     90.1-1999 (described in paragraph (3)). Such term includes 
     expenditures for labor costs properly allocable to the onsite 
     preparation, assembly, or original installation of the 
     property.
       ``(3) Energy Efficient Commercial Building Property.--For 
     purposes of paragraph (2)--
       ``(A) In general.--The term `energy efficient commercial 
     building property' means any property which reduces total 
     annual energy and power costs with respect to the lighting, 
     heating, cooling, ventilation, and hot water supply systems 
     of the building by 50 percent or more in comparison to a 
     reference building which meets the requirements of Standard 
     90.1-1999 of the American Society of Heating, Refrigerating, 
     and Air Conditioning Engineers and the Illuminating 
     Engineering Society of North America using methods of 
     calculation under subparagraph (B) and certified by qualified 
     professionals as provided under paragraph (6).
       ``(B) Methods of calculation.--The Secretary, in 
     consultation with the Secretary of Energy, shall promulgate 
     regulations which describe in detail methods for 
     calculating and verifying energy and power consumption and 
     cost, taking into consideration the provisions of the 1998 
     California Nonresidential ACM Manual. These procedures 
     shall meet the following requirements:
       ``(i) In calculating tradeoffs and energy performance, the 
     regulations shall prescribe the costs per unit of energy and 
     power, such as kilowatt hour, kilowatt, gallon of fuel oil, 
     and cubic foot or Btu of natural gas, which may be dependent 
     on time of usage.
       ``(ii) The calculational methodology shall require that 
     compliance be demonstrated for a whole building. If some 
     systems of the building, such as lighting, are designed later 
     than other systems of the building, the method shall provide 
     that either--
       ``(I) the expenses taken into account under paragraph (1) 
     shall not occur until the date designs for all energy-using 
     systems of the building are completed,
       ``(II) the energy performance of all systems and components 
     not yet designed shall be assumed to comply minimally with 
     the requirements of such Standard 90.1-1999, or
       ``(III) the expenses taken into account under paragraph (1) 
     shall be a fraction of such expenses based on the performance 
     of less than all energy-using systems in accordance with 
     clause (iii)
       ``(iii) The expenditures in connection with the design of 
     subsystems in the building, such as the envelope, the 
     heating, ventilation, air conditioning and water heating 
     system, and the lighting system shall be allocated to the 
     appropriate building subsystem based on system-specific 
     energy cost savings targets in regulations promulgated by the 
     Secretary of Energy which are equivalent, using the 
     calculation methodology, to the whole building requirement of 
     50 percent savings.
       ``(iv) The calculational methods under this subparagraph 
     need not comply fully with section 11 of such Standard 90.1-
     1999.
       ``(v) The calculational methods shall be fuel neutral, such 
     that the same energy efficiency features shall qualify a 
     building for the deduction under this subsection regardless 
     of whether the hearing source is a gas or oil furnace or an 
     electric heat pump.
       ``(vi) The calculational methods shall provide appropriate 
     calculated energy savings for design methods and technologies 
     not otherwise credited in either such Standard 90.1-1999 or 
     in the 1998 California Nonresidential ACM Manual, including 
     the following:
       ``(I) Natural ventilation.
       ``(II) Evaporative cooling.
       ``(III) Automatic lighting controls such as occupancy 
     sensors, photocells, and timeclocks.
       ``(IV) Daylighting.
       ``(V) Designs utilizing semi-conditioned spaces that 
     maintain adequate comfort conditions without air conditioning 
     or without heating.
       ``(VI) Improved fan system efficiency, including reductions 
     in static pressure.
       ``(VII) Advanced unloading mechanisms for mechanical 
     cooling, such as multiple or variable speed compressors.
       ``(VIII) The calculational methods may take into account 
     the extent of commissioning in the building, and allow the 
     taxpayer to take into account measured performance that 
     exceeds typical performance.
       ``(C) Computer Software.--
       ``(i) In general.--Any calculation under this paragraph 
     shall be prepared by qualified computer software.
       ``(ii) Qualified computer software.--For purposes of this 
     subparagraph, the term `qualified computer software' means 
     software--
       ``(I) for which the software designer has certified that 
     the software meets all procedures and detailed methods for 
     calculating energy and power consumption and costs as 
     required by the Secretary,
       ``(II) which provides such forms as required to be filed by 
     the Secretary in connection with energy efficiency of 
     property and the deduction allowed under this subsection, and
       ``(III) which provides a notice form which summarizes the 
     energy efficiency features of the building and its projected 
     annual energy costs.
       ``(4) Allocation of deduction for public property.--In the 
     case of energy efficiency commercial building property 
     installed on or in public property, the Secretary shall 
     promulgate a regulation to allow the allocation of the 
     deduction to the person primarily responsible for 
     designing the property in lieu of the public entity which 
     is the owner of such property. Such person shall be 
     treated as the tax payer for purposes of this subsection.
       ``(5) Notice to owner.--The qualified individual shall 
     provide an explanation to the owner of the building regarding 
     the energy efficiency features of the building and its 
     projected annual energy costs as provided in the notice under 
     paragraph (3)(C)(ii)(III).
       ``(6) Certification.--
       ``(A) In general.--Except as provided in this paragraph, 
     the Secretary, in consultation with the Secretary of Energy, 
     shall establish requirements for certification and compliance 
     procedures similar to the procedures under section 25B(c)(7).
       ``(B) Qualified individuals.--Individuals qualified to 
     determine compliance shall be only those individuals who are 
     recognized by an organization certified by the Secretary for 
     such purposes.
       ``(C) Proficiency of qualified individuals.--The Secretary 
     shall consult with nonprofit organizations and State agencies 
     with expertise in energy efficiency calculations and 
     inspections to develop proficiency tests and training 
     programs to qualify individuals to determine compliance.
       ``(g) Termination.--This section shall not apply with 
     respect to--
       ``(1) any energy property placed in service before December 
     31, 2000 and after December 31, 2006, and
       ``(2) any energy efficient commercial building property 
     expenditures in connection with property--
       ``(A) the plans for which are not certified under 
     subsection (f)(6) on or before December 31, 2006, and
       ``(B) the construction of which is not completed on or 
     before December 31, 2008.''.

                  TITLE II--NONBUSINESS ENERGY SYSTEMS

     SEC. 201. CREDIT FOR CERTAIN NONBUSINESS ENERGY SYSTEMS.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 (relating to nonrefundable personal credits) is 
     amended by inserting after section 25A the following:

     ``SEC. 25B. NONBUSINESS ENERGY PROPERTY.

       ``(a) Allowance of Credit.--
       ``(1) In general.--In the case of an individual, there 
     shall be allowed as a credit against the tax imposed by this 
     chapter for the taxable year an amount equal to the sum of--
       ``(A) the applicable percentage of residential energy 
     property expenditures made by the taxpayer during such year,
       ``(B) the credit amount (determined under section 48A(e)) 
     for each vehicle purchased during the taxable year which is a 
     qualified hybrid vehicle (as defined in section 48A(e)(2)), 
     and
       ``(C) the credit amount specified in the following table 
     for a new, highly energy-efficient principal residence:

----------------------------------------------------------------------------------------------------------------
                                                                    Column B--       Column C--Period  For the
                                                                   Credit Amount              period:
            ``Column A--Description  In the case of:                The credit   -------------------------------
                                                                    amount is:
                                                                                   Beginning on:    Ending on:
----------------------------------------------------------------------------------------------------------------
30 percent property.............................................          $1,000        1/1/2001      12/31/2002
50 percent property.............................................           2,000        1/1/2001    12/31/2004''
----------------------------------------------------------------------------------------------------------------

       In the case of any new, highly energy-efficient principal 
     residence, the credit amount shall be zero for any period for 
     which a credit amount is not specified for such property in 
     the table under subparagraph (C).
       ``(2) Applicable percentage.--

[[Page S9488]]

       ``(A) In general.--The applicable percentage shall be 
     determined in accordance with the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                     Column C--Period  For the
                                                                    Column B--                period:
             Column A--Description  In the case of:                 Applicable   -------------------------------
                                                                  Percentage is:   Beginning on:    Ending on:
----------------------------------------------------------------------------------------------------------------
20% energy-eff. bldg. prop......................................              20        1/1/2001      12/31/2004
10% energy-eff. bldg. prop......................................              10        1/1/2001      12/31/2002
Solar water heating property....................................              15        1/1/2001      12/31/2007
Photovoltaic property...........................................              15        1/1/2001      12/31/2007
----------------------------------------------------------------------------------------------------------------

       ``(B) Periods for which percentage not specified.--In the 
     case of any residential energy property, the applicable 
     percentage shall be zero for any period for which an 
     applicable percentage is not specified for such property 
     under subparagraph (A).
       ``(b) Maximum Credit.--
       ``(1) In general.--In the case of property described in the 
     following table, the amount of the credit allowed under 
     subsection (a)(1)(A) for the taxable year for each item of 
     such property with respect to a dwelling unit shall not 
     exceed the amount specified for such property in such table:

------------------------------------------------------------------------
  Description of property item:     Maximum allowable credit amount is:
------------------------------------------------------------------------
20 percent energy-efficient        $500.
 building property (other than a
 fuel cell or natural gas heat
 pump).
20 percent energy-efficient        $500 per each kw/hr of capacity.
 building property: fuel cell
 described in section
 48A(d)(3)(A)(i).
Natural gas heat pump described    $1,000.
 in section 48A(d)(3)(D)(iv).
10 percent energy-efficient        $250.
 building property.
Solar water heating property.....  $1,000.
Photovoltaic property............  $2,000.
------------------------------------------------------------------------

       ``(2) Coordination of limitation.--If a credit is allowed 
     to the taxpayer for any taxable year by reason of an 
     acquisition of a new, highly energy-efficient principal 
     residence, no other credit shall be allowed under subsection 
     (a)(1)(A) with respect to such residence during the 1-taxable 
     year period beginning with such taxable year.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Residential energy property expenditures.--The term 
     `residential energy property expenditures' means expenditures 
     made by the taxpayer for qualified energy property installed 
     on or in connection with a dwelling unit which--
       ``(A) is located in the United States, and
       ``(B) is used by the taxpayer as a residence.

     Such term includes expenditures for labor costs properly 
     allocable to the on site preparation, assembly, or original 
     installation of the property.
       ``(2) Qualified energy property.--
       ``(A) In general.--The term `qualified energy property' 
     means--
       ``(i) energy-efficient building property,
       ``(ii) solar water heating property, and
       ``(iii) photovoltaic property.
       ``(B) Swimming pool, etc., used as storage medium; solar 
     panels.--For purposes of this paragraph, the provisions of 
     subparagraphs (B) and (C) of section 48A(d)(1) shall apply.
       ``(3) Energy-efficient building property.--The term 
     `energy-efficient building property' has the meaning given to 
     such term by section 48A(e)(3).
       ``(4) Solar water heating property.--The term `solar water 
     heating property' means property which, when installed in 
     connection with a structure, uses solar energy for the 
     purpose of providing hot water for use within such structure.
       ``(5) Photovoltaic property.--The term `photovoltaic 
     property' means property which, when installed in connection 
     with a structure, uses a solar photovoltaic process to 
     generate electricity for use in such structure.
       ``(6) New, highly energy-efficient principal residence.--
       ``(A) In general.--Property is a new, highly energy-
     efficient principal residence if--
       ``(i) such property is located in the United States,
       ``(ii) the original use of such property commences with the 
     taxpayer and is, at the time of such use, the principal 
     residence of the taxpayer, and
       ``(iii) such property is certified before such use 
     commences as being 50 percent property or 30 percent 
     property.
       ``(B) 50 or 30 percent property.--
       ``(i) In general.--For purposes of subparagraph (A), 
     property is 50 percent property or 30 percent property if the 
     projected energy usage of such property is reduced by 50 
     percent or 30 percent, respectively, compared to the energy 
     usage of a reference house that complies with minimum 
     standard practice, such as the 1998 International Energy 
     Conservation Code of the International Code Council, as 
     determined according to the requirements specified in clause 
     (ii).
       ``(ii) Procedures.--
       ``(I) In general.--For purposes of clause (i), energy usage 
     shall be demonstrated either by a component-based approach or 
     a performance-based approach.
       ``(II) Component approach.--Compliance by the component 
     approach is achieved when all of the components of the house 
     comply with the requirements of prescriptive packages 
     established by the Secretary of Energy, in consultation with 
     the Administrator of the Environmental Protection Agency, 
     such that they are equivalent to the results of using the 
     performance-based approach of subclause (III) to achieve 
     the required reduction in energy usage.
       ``(III) Performance-based approach.--Performance-based 
     compliance shall be demonstrated in terms of the required 
     percentage reductions in projected energy use. Computer 
     software used in support of performance-based compliance must 
     meet all of the procedures and methods for calculating energy 
     savings reductions that are promulgated by the Secretary of 
     Energy. Such regulations on the specifications for software 
     shall be based in the 1998 California Residential Alternative 
     Calculation Method Approval Manual, except that the 
     calculation procedures shall be developed such that the same 
     energy efficiency measures qualify a home for tax credits 
     regardless of whether the home uses a gas or oil furnace or 
     boiler, or an electric heat pump.
       ``(IV) Approval of software submission.--The Secretary of 
     Energy shall approve software submissions that comply with 
     the calculation requirements of subclause (III).
       ``(C) Determinations of compliance.--A determination of 
     compliance made for the purposes of this paragraph shall be 
     filed with the Secretary of Energy within 1 year of the date 
     of such determination and shall include the TIN of the 
     certifier, the address of the building in compliance, and the 
     identify of the person for whom which determination was 
     performed. Determinations of compliance filed with the 
     Secretary of Energy shall be available for inspection by the 
     Secretary.
       ``(D) Compliance.--
       ``(i) In general.--The Secretary of Energy in consultation 
     with the Secretary of the Treasury shall establish 
     requirements for certification and compliance procedures 
     after examining the requirements for energy consultants and 
     home energy ratings providers specified by the Mortgage 
     Industry National Accreditation Procedures for Home Energy 
     Rating Systems.
       ``(ii) Individuals qualified to determine compliance.--
     Individuals qualified to determine compliance shall be only 
     those individuals who are recognized by an organization 
     certified by the Secretary of Energy for such purposes.
       ``(E) Principal residence.--The term `principal' has the 
     same meaning as when used in section 121, except that the 
     period for which a building is treated as the principal 
     residence of the taxpayer shall also include the 60-day 
     period ending on the 1st day on which it would (but for this 
     subparagraph) first be treated as the taxpayer's principal 
     residence.
       ``(d) Special Rules.--For purposes of this section--
       ``(1) Dollar amounts in case of joint occupancy.--In the 
     case of any dwelling unit which if jointly occupied and use 
     during any calendar year as a residence by 2 or more 
     individuals the following shall apply:
       ``(A) The amounts of the credit allowable under subsection 
     (a) by reason of expenditures made during such calendar year 
     by any of such individuals with respect to such dwelling unit 
     shall be determined by treating all of such individuals as 1 
     taxpayer whose taxable year is such calendar year.
       ``(B) There shall be allowable with respect to such 
     expenditures to each of such individuals, a credit under 
     subsection (a) for the taxable year in which such calendar 
     year ends in an amount which bears the same ratio to the 
     amount determined under subparagraph (A) as the amount of 
     such expenditures made by such individual during such 
     calendar year bears to the aggregate of such expenditures 
     made by all of such individuals during such calendar year.
       ``(2) Tenant-stockholder in cooperative housing 
     corporation.--In the case of an individual who is a tenant-
     stockholder (as defined in section 216) in a cooperative 
     housing corporation (as defined in such section), such 
     individual shall be treated as having made his tenant-
     stockholder's proportionate share (as defined in section 
     216(b)(3)) of any expenditures of such corporation.
       ``(3) Condominiums.--
       ``(A) In general.--In the case of an individual who is a 
     member of a condominium management association with respect 
     to a condominium which the individual owns, such individual 
     shall be treated as having made his proportionate share of 
     any expenditures of such association.
       ``(B) Condominium management association.--For purposes of 
     this paragraph, the

[[Page S9489]]

     term `condominium management association' means an 
     organization which meets the requirements of paragraph (1) of 
     section 528(c) (other than subparagraph (E) thereof) with 
     respect to a condominium project substantially all of the 
     units of which are used as residences.
       ``(4) Joint ownership of energy items.--
       ``(A) In general.--Any expenditure otherwise qualifying as 
     a residential energy property expenditure shall not be 
     treated as failing to so qualify merely because such 
     expenditure was made with respect to 2 or more dwelling 
     units.
       ``(B) Limits applied separately.--In the case of any 
     expenditure described in subparagraph (A), the amount of the 
     credit allowable under subsection (a) shall (subject to 
     paragraph (1)) be computed separately with respect to the 
     amount of the expenditure made for each dwelling unit.
       ``(5) Allocation in certain cases.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     if less than 80 percent of the use of an item is for 
     nonbusiness purposes, only that portion of the expenditures 
     for such item which is properly allocable to use for 
     nonbusiness purposes shall be taken into account. For 
     purposes of this paragraph, use for a swimming pool shall be 
     treated as use which is not for nonbusiness purposes.
       ``(B) Special rule for vehicles.--For purposes of this 
     section and section 48A, a vehicle shall be treated as used 
     entirely for business or nonbusiness purposes if the majority 
     of the use of such vehicle is for business or nonbusiness 
     purposes, as the case may be.
       ``(6) Double benefit; property used outside united states, 
     etc., not qualified.--No credit shall be allowed under 
     subsection (a)(1)(B) with respect to--
       ``(A) any property for which a credit is allowed under 
     section 30 or 48A,
       ``(B) any property referred to in section 50(b), and
       ``(C) the portion of the cost of any property taken into 
     account under section 179 or 179A.
       ``(7) When expenditure made; amount of expenditure.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an expenditure with respect to an item shall be treated as 
     made when the original installation of the item is completed.
       ``(B) Expenditures part of building construction.--In the 
     case of an expenditure in connection with the construction of 
     a structure, such expenditure shall be treated as made when 
     the original use of the constructed structure by the taxpayer 
     begins.
       ``(C) Amount.--The amount of any expenditure shall be the 
     cost thereof.
       ``(8) Property financed by subsidized energy financing.--
       ``(A) Reduction of expenditures.--For purposes of 
     determining the amount of residential energy property 
     expenditures made by any individual with respect to any 
     dwelling unit, there shall not be taken into account 
     expenditures which are made from subsidized energy financing 
     (as defined in section 48A(f)(1)(C)).
       ``(B) Dollar limits reduced.--The dollar amounts in the 
     table contained in subsection (b)(1) with respect to each 
     property purchased for such dwelling unit for any taxable 
     year of such taxpayer shall be reduced proportionately by an 
     amount equal to the sum of--
       ``(i) the amount of the expenditures made by the taxpayer 
     during such taxable year with respect to such dwelling unit 
     and not taken into account by reason of subparagraph (A), and
       ``(ii) the amount of any Federal, State, or local grant 
     received by the taxpayer during such taxable year which is 
     used to make residential energy property expenditures with 
     respect to the dwelling unit and is not included in the gross 
     income of such taxpayer.
       ``(9) Safety certifications.--No credit shall be allowed 
     under this section for an item of property unless--
       ``(A) in the case of solar water heating property, such 
     property is certified for performance and safety by the non-
     profit Solar Rating Certification Corporation or a comparable 
     entity endorsed by the government of the State in which such 
     property is installed, and
       ``(B) in the case of photovoltaic property, such property 
     meets appropriate fire and electric code requirements.
       ``(e) Basis Adjustments.--For purposes of this subtitle, if 
     a credit is allowed under this section for any expenditure 
     with respect to any property, the increase in the basis of 
     such property which would (but for this subsection) result 
     from such expenditure shall be reduced by the amount of the 
     credit so allowed.''
       (b) Conforming Amendments.--
       (1) Section 1016(a) is amended by striking ``and'' at the 
     end of paragraph (26), by striking the period at the end of 
     paragraph (27) and inserting ``; and'', and by adding at the 
     end the following:
       ``(28) to the extent provided in section 25B(e), in the 
     case of amounts with respect to which a credit has been 
     allowed under section 25B.''
       (2) The table of sections for subpart A of part IV of 
     subchapter A of chapter 1 is amended by inserting after the 
     item relating to section 25A the following:
       ``Sec. 25B. Nonbusiness energy property.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to expenditures after December 31, 2000.

                      TITLE III--ALTERNATIVE FUELS

     SEC. 301. ALLOCATION OF ALCOHOL FUELS CREDIT TO PATRONS OF A 
                   COOPERATIVE.

       (a) In General.--Section 40(d) (relating to alcohol used as 
     fuel) is amended by adding at the end the following:
       ``(6) Allocation of small ethanol producer credit to 
     patrons of cooperative.--
       ``(A) In general.--In the case of a cooperative 
     organization described in section 1381(a), any portion of the 
     credit determined under subsection (a)(3) for the taxable 
     year may, at the election of the organization made on a 
     timely filed return (including extensions) for such year, be 
     apportioned pro rata among patrons of the organization on the 
     basis of the quantity or value of business done with or for 
     such patrons for the taxable year. Such an election, once 
     made, shall be irrevocable for such taxable year.
       ``(B) Treatment of organizations and patrons.--The amount 
     of the credit apportioned to patrons pursuant to subparagraph 
     (A)--
       ``(i) shall not be included in the amount determined under 
     subsection (a) for the taxable year of the organization, and
       ``(ii) shall be included in the amount determined under 
     subsection (a) for the taxable year of each patron in which 
     the patronage divided for the taxable year referred to in 
     subparagraph (A) is includable in gross income.
       ``(C) Special rule for decreasing credit for taxable 
     year.--If the amount of the credit of a cooperative 
     organization determined under subsection (a)(3) for a taxable 
     year is less than the amount of such credit shown on the 
     cooperative organization's return for such year, an amount 
     equal to the excess of such reduction over the amount not 
     apportioned to the patrons under subparagraph (A) for the 
     taxable year shall be treated as an increase in tax imposed 
     by this chapter on the organization. Any such increase shall 
     not be treated as tax imposed by this chapter for purposes of 
     determining the amount of any credit under this subpart or 
     subpart A, B, E, or G of this part.''
       (b) Technical Amendment.--Section 1388 (relating to 
     definitions and special rules for cooperative organizations) 
     is amended by adding at the end the following:
       ``(k) Cross Reference.--
       ``For provisions relating to the apportionment of the 
     alcohol fuels credit between cooperative organizations and 
     their patrons, see section 40(d)(6).''
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2000.

                         TITLE IV--AUTOMOBILES

     SEC. 401. EXTENSION OF CREDIT FOR QUALIFIED ELECTRIC 
                   VEHICLES.

       (a) Extension of Credit For Qualified Electric Vehicles.--
     Subsection (f) of section 30 (relating to termination) is 
     amended by striking `December 31, 2004' and inserting 
     ``December 31, 2006''.
       (b) Repeal of Phaseout.--Subsection (b) of section 30 
     (relating to limitations) is amended by striking paragraph 
     (2) and redesignating paragraph (3) as paragraph (2).
       (c) No Double Benefit.--
       (1) Subsection (d) of section 30 (relating to special 
     rules) is amended by adding at the end the following:
       ``(5) No double benefit.--No credit shall be allowed under 
     subsection (a) with respect to any vehicle if the taxpayer 
     claims a credit for such vehicle under section 25B(a)(1)(B) 
     or 48A(a)(2).''
       (2) Paragraph (3) of section 30(d) (relating to property 
     used outside United States, etc., not qualified) is amended 
     by striking ``section 50(b)'' and inserting ``section 25B, 
     48A, or 50(b)''.
       (3) Paragraph (5) of section 179A(e) (relating to property 
     used outside United States, etc., not qualified) is amended 
     by striking ``section 50(b)'' and inserting ``section 25B, 
     48A, or 50(b)''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2000.

     SEC. 402. ADDITIONAL DEDUCTION FOR COST OF INSTALLATION OF 
                   ALTERNATIVE FUELING STATIONS.

       (a) In General.--Subparagraph (A) of section 179A(b)(2) of 
     the Internal Revenue Code of 1986 (relating to qualified 
     clean-fuel vehicle refueling property) is amended to read as 
     follows:
       ``(A) In general.--The aggregate cost which may be taken 
     into account under subsection (a)(1)(B) with respect to 
     qualified clean-fuel vehicle refueling property placed in 
     service during the taxable year at a location shall not 
     exceed the sum of--
       ``(i) with respect to costs not described in clause (ii); 
     the excess (if any) of--
       ``(I) $100,000, over
       ``(II) the aggregate amount of such costs taken into 
     account under subsection (a)(1)(B) by the taxpayer (or any 
     related person or predecessor) with respect to property 
     placed in service at such location for all preceding taxable 
     years, plus
       ``(ii) the lesser of--
       ``(I) the cost of the installation of such property, or
       ``(II) $30,000.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2000.

     SEC. 403. CREDIT FOR RETAIL SALE OF CLEAN BURNING FUELS AS 
                   MOTOR VEHICLE FUEL.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     business related credits) is amended by inserting after 
     section 40 the following:

[[Page S9490]]

     ``SEC. 40A. CREDIT FOR RETAIL SALE OF CLEAN BURNING FUELS AS 
                   MOTOR VEHICLE FUEL.

       ``(a) General Rule.--For purposes of section 38, the clean 
     burning fuel retail sales credit of any taxpayer for any 
     taxable year is 50 cents for each gasoline gallon equivalent 
     of clean burning fuel sold at retail by the taxpayer during 
     such year as a fuel to properl any qualified motor vehicle.
       ``(b) Definitions.--For purposes of this section--
       ``(1) Clean burning fuel.--The term ``clean burning fuel'' 
     means natural gas, compressed natural gas, liquefied natural 
     gas, liquefied petroleum gas, hydrogen, and any liquid at 
     least 85 percent of which consists of methanol.
       ``(2) Gasoline gallon equivalent.--The term ``gasoline 
     gallon equivalent'' means, with respect to any clean burning 
     fuel, the amount (determined by the Secretary) of such fuel 
     having a Btu content of 114,000.
       ``(3) Qualified motor vehicle.--The term ``qualified motor 
     vehicle'' means any motor vehicle (as defined in section 
     179A(e)) which meets any applicable Federal or State 
     emissions standards with respect to each fuel by which such 
     vehicle is designed to be propelled.
       ``(4) Sold at retail.--
       ``(A) In general.--The term ``sold at retail'' means the 
     sale, for a purpose other than resale, after manufacture, 
     production, or importation.
       ``(B) Use treated as sale.--If any person uses clean 
     burning fuel as a fuel to propel any qualified motor vehicle 
     (including any use after importation) before such fuel is 
     sold at retail, then such use shall be treated in the same 
     manner as if such fuel were sold at retail as a fuel to 
     propel such a vehicle by such person.
       ``(c) No double benefit.--The amount of the credit 
     determined under subsection (a) shall be reduced by the 
     amount of any deduction or credit allowable under this 
     chapter for fuel taken into account in computing the amount 
     of such credit.
       ``(d) Termination.--This section shall not apply to any 
     fuel sold at retail after December 31, 2007.''.
       ``(b) Credit Treated as Business Credit.--Section 38(b) of 
     the Internal Revenue Code of 1986 (relating to current year 
     business credit) is amended by striking ``plus'' at the end 
     of paragraph (11), by striking the period at the end of 
     paragraph (12) and inserting ``, plus'', and by adding at the 
     end the following:
       ``(13) the clean burning fuel retail sales credit 
     determined under section 404A(a).''.
       (c) Transitional Rule.--Section 39(d) of the Internal 
     Revenue Code of 1986 (relating to transitional rules) is 
     amended by adding at the end the following:
       ``(9) No carryback of section 40A credit before effective 
     date.--No portion of the unused business credit for any 
     taxable year which is attributable to the Clean burning fuel 
     retail sales credit determined under section 40A(a) may be 
     carried back to a taxable year ending before January 1, 
     2000.''
       (d) Clerical Amendment.--The table of sections for subpart 
     D or part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by inserting after the item 
     relating to section 40 the following:
       ``Sec. 40A. Credit for retail sale of cleaning burning 
     fuels as motor vehicle fuel.''
       (e) Effective Date.--The amendments made by this section 
     shall apply to fuel sold at retail after December 31, 2000, 
     in taxable years ending after such date.

     SEC. 404. EXCEPTION TO HOV PASSENGER REQUIREMENTS FOR 
                   ALTERNATIVE FUEL VEHICLES.

       Section 102(a) of title 23, United States Code, is amended 
     by inserting ``(unless, at the discretion of the State 
     highway department, the vehicle operates on, or is fueled by, 
     and alternative fuel (as defined) in section 301 of Public 
     Law 102-486 (42 U.S.C. 1321(2)))'' after ``required''.

                    TITLE V--CLEAN COAL TECHNOLOGIES

     SEC. 501. CREDIT FOR INVESTMENT IN QUALIFYING CLEAN COAL 
                   TECHNOLOGY.

       (a) Allowance of Qualifying Clean Coal Technology Facility 
     Credit.--Section 46 (relating to amount of credit) is amended 
     by striking ``and'' at the end of paragraph (2), by striking 
     the period at the end of paragraph (3) and inserting ``, 
     and'', and by adding at the end the following:
       ``(4) the qualifying clean coal technology facility 
     credit.''
       (b) Amount of Qualifying Clean Coal Technology Facility 
     Credit.--Subpart E of part IV of subchapter A of chapter 1 
     (relating to rules for computing investment credit), as 
     amended by section 101(a), is amended by inserting after 
     section 48A the following:

     SEC. 48B. QUALIFYING CLEAN COAL TECHNOLOGY FACILITY CREDIT.

       ``(a) In General.--For purposes of section 46, the 
     qualifying clean coal technology facility credit for any 
     taxable year is an amount equal to 10 percent of the 
     qualified investment in a qualifying clean coal technology 
     facility for such taxable year.
       ``(b) Qualifying Clean Coal Technology Facility.--
       ``(1) In general.--For purposes of subsection (a), the term 
     `qualifying clean coal technology facility' means a facility 
     of the taxpayer--
       ``(A)(i)(I) which replaces a conventional technology 
     facility of the taxpayer and the original use of which 
     commences with the taxpayer, or
       ``(II) which is a retrofitted or repowered conventional 
     technology facility, the retrofitting or repowering of which 
     is completed by the taxpayer (but only with respect to that 
     portion of the basis which is properly attributable to such 
     retrofitting or repowering), or
       ``(ii) that is acquired through purchase (as defined by 
     section 179(d)(2)),
       ``(B) that is depreciable under section 167,
       ``(C) that has a useful life of not less than 4 years,
       ``(D) that is located in the United States, and
       ``(E) that uses qualifying clean coal technology.
       ``(2) Special rule for sale-leasebacks.--For purposes of 
     subparagraph (A) of paragraph (1), in the case of a facility 
     that--
       ``(A) is originally placed in service by a person, and
       ``(B) is sold and leased back by such person, or is leased 
     to such person, within 3 months after the date such facility 
     was originally placed in service, for a period of not less 
     than 12 years,
     such facility shall be treated as originally placed in 
     service not earlier than the date on which such property is 
     used under the leaseback (or lease) referred to in 
     subparagraph (B). The preceding sentence shall not apply to 
     any property if the lessee and lessor of such property make 
     an election under this sentence. Such an election, once made, 
     may be revoked only with the consent of the Secretary.
       ``(3) Qualifying clean coal technology--For purposes of 
     paragraph (1)(A)--
       ``(A) In general.--The term `qualifying clean coal 
     technology' means, with respect to clean coal technology--
       ``(i) applications totaling 1,000 megawatts of advanced 
     pulverized coal or atmospheric fluidized bed combustion 
     technology installed as a new, retrofit, or repowering 
     application and operated between 2000 and 2014 that has a 
     design average net heat rate of not more than 8,750 Btu's per 
     kilowatt hour,
       ``(ii) applications totaling 1,500 megawatts of pressurized 
     fluidized bed combustion technology installed as a new, 
     retrofit, or repowering application and operated between 2000 
     and 2014 that has a design average net heat rate of not more 
     than 8,400 Btu's per kilowatt hour,
       ``(iii) applications totaling 1,500 megawatts of integrated 
     gasification combined cycle technology installed as a new, 
     retrofit, or repowering application and operated between 2000 
     and 2014 that has a design average net heat rate of not more 
     than 8,550 Btu's per kilowatt hour, and
       ``(iv) applications totaling 2,000 megawatts or equivalent 
     of technology for the production of electricity installed as 
     a new, retrofit, or repowering application and operated 
     between 2000 and 2014 that has a carbon emission rate that is 
     not more than 85 percent of conventional technology.
       ``(B) Exceptions.--Such term shall not include clean coal 
     technology projects receiving or scheduled to receive funding 
     under the Clean Coal Technology Program of the Department of 
     Energy.
       ``(C) Clean coal technology.--The term `clean coal 
     technology' means advanced technology that utilizes coal to 
     produce 50 percent or more of its thermal output as 
     electricity including advanced pulverzied coal or atmospheric 
     fludized bed combustion, pressurized fludized bed combustion, 
     integrated gasification combined cycle, and any other 
     technology for the production of electricity that exceeds the 
     performance of conventional technology.
       ``(D) Conventional coal technology.--The term `conventional 
     technology' means--
       ``(i) coal-fired combustion technology with a design 
     average net heat rate of not less than 9,300 Btu's per 
     kilowatt hour (HHV) and a carbon equivalents emission rate of 
     not more than 0.53 pounds of carbon per kilowatt hour; or
       ``(ii) natural gas-fired combustion technology with a 
     design average net heat rate of not less than 7,500 Btu's per 
     kilowatt hour (HHV) and a carbon equivalents emission rate of 
     not more than 0.24 pound of carbon per kilowatt hour.
       ``(E) Design average net heat rate.--The term `design 
     average net heat rate' shall be based on the design average 
     annual heat input to and the design average annual net 
     electrical output from the qualifying clean coal technology 
     (determined without regard to such technology's co-generation 
     of steam).
       ``(F) Selection criteria.--Selection criteria for clean 
     coal technology facilities--
       ``(i) shall be established by the Secretary of Energy as 
     part of a competitive solicitation,
       ``(ii) shall include primary criteria of minimum design 
     average net heat rate, maximum design average thermal 
     efficiency, and lowest cost to the government, and
       ``(iii) shall include supplemental criteria as determined 
     appropriate by the Secretary of Energy.
       ``(c) Qualified Investment.--For purposes of subsection 
     (a), the term `qualified investment' means, with respect to 
     any taxable year, the basis of a qualifying clean coal 
     technology facility placed in service by the taxpayer during 
     such taxable year.
       ``(d) Qualified Progress Expenditures.--
       ``(1) Increase in qualified investment.--In the case of a 
     taxpayer who has made an election under paragraph (5), the 
     amount of the qualified investment of such taxpayer for the 
     taxable year (determined under subsection (c) without regard 
     to this section) shall be increased by an amount equal to the 
     aggregate of each qualified progress expenditure for the 
     taxable year with respect to progress expenditure property.

[[Page S9491]]

       ``(2) Progress expenditure property defined.--For purposes 
     of this subsection, the term `progress expenditure property' 
     means any property being constructed by or for the taxpayer 
     and which it is reasonable to believe will qualify as a 
     qualifying clean coal technology facility which is being 
     constructed by or for the taxpayer when it is placed in 
     service.
       ``(3) Qualified progress expenditures defined.--For 
     purposes of this subsection--
       ``(A) Self-constructed property.--In the case of any self-
     constructed property, the term `qualified progress 
     expenditures' means the amount which, for purposes of this 
     subpart, is properly chargeable (during such taxable year) to 
     capital account with respect to such property.
       ``(B) Non-self-constructed property.--In the case of non-
     self-constructed property, the term `qualified progress 
     expenditures' means the amount paid during the taxable year 
     to another person for construction of such property.
       ``(4) Other definitions.--For purposes of this subsection--
       ``(A) Self-constructed property.--The term `self-
     constructed property' means property for which it is 
     reasonable to believe that more than half of the construction 
     expenditures will be made directly by the taxpayer.
       ``(B) Non-self-constructed property.--The term `non-self-
     constructed property' means property which is not self-
     constructed property.
       ``(C) Construction, etc.--The term `construction' includes 
     reconstruction and erection, and the term `constructed' 
     includes reconstructed and erected.
       ``(D) Only construction of qualifying clean coal technology 
     facility to be taken into account.--Construction shall be 
     taken into account only if, for purposes of this subpart, 
     expenditures therefore are properly chargeable to capital 
     account with respect to the property.
       ``(5) Election.--An election under this subsection may be 
     made at such time and in such manner as the Secretary may by 
     regulations prescribe. Such an election shall apply to the 
     taxable year for which made and to all subsequent taxable 
     years. Such an election, once made, may not be revoked except 
     with the consent of the Secretary.
       ``(e) Coordination With Other Credits.--This section shall 
     not apply to any property with respect to which the 
     rehabilitation credit under section 47 or the energy credit 
     under section 48A is allowed unless the taxpayer elects to 
     waive the application of such credit to such property.
       ``(f) Termination.--This section shall not apply with 
     respect to any qualified investment after December 31, 
     2014.''
       (c) Recapture.--Section 50(a) (relating to other special 
     rules) is amended by adding at the end the following:
       ``(6) Special rules relating to qualifying clean coal 
     technology facility.--For purposes of applying this 
     subsection in the case of any credit allowable by reason of 
     section 48B, the following shall apply:
       `(A) General rule.--In lieu of the amount of the increase 
     in tax under paragraph (1), the increase in tax shall be an 
     amount equal to the investment tax credit allowed under 
     section 38 for all prior taxable years with respect to a 
     qualifying clean coal technology facility (as defined by 
     section 48B(b)(1)) multiplied by a fraction whose numerator 
     is the number of years remaining to fully depreciate under 
     this title the qualifying clean coal technology facility 
     disposed of, and whose denominator is the total number of 
     years over which such facility would otherwise have been 
     subject to depreciation. For purposes of the preceding 
     sentence, the year of disposition of the qualifying clean 
     coal technology facility property shall be treated as a year 
     of remaining depreciation.
       ``(B) Property ceases to qualify for progress 
     expenditures.--Rules similar to the rules of paragraph (2) 
     shall apply in the case of qualified progress expenditures 
     for a qualifying clean coal technology facility under section 
     48B, except that the amount of the increase in tax under 
     subparagraph (A) of this paragraph shall be substituted in 
     lieu of the amount described in such paragraph (2).
       ``(C) Application of paragraph.--This paragraph shall be 
     applied separately with respect to the credit allowed under 
     section 38 regarding a qualifying clean coal technology 
     facility.''
       (d) Transitional rule.--Section 39(d) of the Internal 
     Revenue Code of 1986 (relating to transitional rules), as 
     amended by section 101(b)(2), is amended by adding at the end 
     the following:
       ``(10) No carryback of section 48b credit before effective 
     date.--No portion of the unused business credit for any 
     taxable year which is attributable to the qualifying clean 
     coal technology facility credit determined under section 48B 
     may be carried back to a taxable year ending before the date 
     of the enactment of section 48B.''
       (e) Technical Amendments.--
       (1) Section 49(a)(1)(C) is amended by striking ``and'' at 
     the end of clause (ii), by striking the period at the end of 
     clause (iii) and inserting ``, and'', and by adding at the 
     end the following:
       ``(iv) the portion of the basis of any qualifying clean 
     coal technology facility attributable to any qualified 
     investment (as defined by section 48B(c)).''
       (2) Section 50(a)(4) is amended by striking ``and (2)'' and 
     inserting ``, (2), and (6)''.
       (3) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1, as amended by section 101(d), is 
     amended by inserting after the item relating to section 48A 
     the following:

``Sec. 48B. Qualifying clean coal technology facility credit.''
       (f) Effective Date.--The amendments made by this section 
     shall apply to periods after December 31, 2000, under rules 
     similar to the rules of section 48(m) of the Internal Revenue 
     Code of 1986 (as in effect on the day before the date of the 
     enactment of the Revenue Reconciliation Act of 1990).

     SEC. 502. CREDIT FOR PRODUCTION FROM QUALIFYING CLEAN COAL 
                   TECHNOLOGY.

       (a) Credit for Production From Qualifying Clean Coal 
     Technology.--Subpart D of part IV of subchapter A of chapter 
     1 (relating to business related credits) is amended by adding 
     at the end the following:

     ``SEC. 45D. CREDIT FOR PRODUCTION FROM QUALIFYING CLEAN COAL 
                   TECHNOLOGY.

       ``(a) General Rule.--For purposes of section 38, the 
     qualifying clean coal technology production credit of any 
     taxpayer for any taxable year is equal to the applicable 
     amount for each kilowatt hour--
       ``(1) produced by the taxpayer at a qualifying clean coal 
     technology facility during the 10-year period beginning on 
     the date the facility was originally placed in service, and
       ``(2) sold by the taxpayer to an unrelated person during 
     such taxable year.
       ``(b) Applicable Amount.--For purposes of this section, the 
     applicable amount with respect to production from a 
     qualifying clean coal technology facility shall be determined 
     as follows:
       ``(1) In the case of a facility originally placed in 
     service before 2007, if--

------------------------------------------------------------------------
                                                       The applicable
                                                         amount is:
                                                   ---------------------
 ``The facility design average net heat rate, Btu/  For 1st 5   For 2d 5
              kWh (HHV) is equal to:                  yrs of     yrs of
                                                       such       such
                                                     service    service
------------------------------------------------------------------------
Not more than 8400................................     $.0130     $.0110
More than 8400 but not more than 8550.............      .0100      .0085
More than 8550 but not more than 8750.............      .0090      .0070
------------------------------------------------------------------------

       ``(2) In the case of a facility originally placed in 
     service after 2006 and before 2011, if--

------------------------------------------------------------------------
                                                       The applicable
                                                         amount is:
                                                   ---------------------
 ``The facility design average net heat rate, Btu/  For 1st 5   For 2d 5
              kWh (HHV) is equal to:                  yrs of     yrs of
                                                       such       such
                                                     service    service
------------------------------------------------------------------------
Not more than 7770................................     $.0100     $.0080
More than 7770 but not more than 8125.............      .0080      .0065
More than 8125 but not more than 8350.............      .0070      .0055
------------------------------------------------------------------------

       ``(3) In the case of a facility originally placed in 
     service after 2010 and before 2015, if--

------------------------------------------------------------------------
                                                       The applicable
                                                         amount is:
                                                   ---------------------
 ``The facility design average net heat rate, Btu/  For 1st 5   For 2d 5
              kWh (HHV) is equal to:                  yrs of     yrs of
                                                       such       such
                                                     service    service
------------------------------------------------------------------------
Not more than 7720................................     $.0085     $.0070
More than 7720 but not more than 7380.............      .0070      .0045
------------------------------------------------------------------------

       ``(c) Inflation Adjustment Factor.--Each amount in 
     paragraphs (1), (2), and (3) shall each be adjusted by 
     multiplying such amount by the inflation adjustment factor 
     for the calendar year in which the amount is applied. If any 
     amount as increased under the preceding sentence is not a 
     multiple of 0.01 cent, such amount shall be rounded to the 
     nearest multiple of 0.01 cent.
       ``(d) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) any term used in this section which is also used in 
     section 48B shall have the meaning given such term in section 
     48B,
       ``(2) the rules of paragraphs (3), (4), and (5) of section 
     45 shall apply,
       ``(3) the term ``inflation adjustment factor'' means, with 
     respect to a calendar year, a fraction the numerator of which 
     is the GDP implicit price deflator for the preceding calendar 
     year and the denominator of which is the GDP implicit price 
     deflator for the calendar year 1998, and
       ``(4) the term ``GDP implicit price deflator'' means the 
     most recent revision of the implicit price deflator for the 
     gross domestic product as computed by the Department of 
     Commerce before March 15 of the calendar year.''
       ``(b) Credit Treated as Business Credit.--Section 38(b) is 
     amended by striking ``plus'' at the end of paragraph (11), by 
     striking the period at the end of paragraph (12) and 
     inserting ``, plus'', and by adding at the end the following:
       ``(13) the qualifying clean coal technology production 
     credit determined under section 45D(a).''
       (c) Transitional Rule.--Section 39(d) (relating to 
     transitional rules), as amended by section 501(d), is amended 
     by adding at the end the following:
       ``(11) No carryback of certain credits before effective 
     date.--No portion of the unused business credit for any 
     taxable year which is attributable to the credits allowable 
     under any section added to this subpart by the amendments 
     made by the Energy Security Tax and Policy Act of 2000 may be 
     carried back to a taxable year ending before the date of the 
     enactment of such Act.''

[[Page S9492]]

       (d) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     adding at the end the following:

``Sec. 45D. Credit for production from qualifying clean coal 
              technology.''

       (e) Effective Date.--The amendments made by this section 
     shall apply to production after December 31, 2000.

     SEC. 503. RISK POOL FOR QUALIFYING CLEAN COAL TECHNOLOGY.

       (a) Establishment.--The Secretary of the Treasury shall 
     establish a financial risk pool which shall be available to 
     any United States owner of qualifying clean coal technology 
     (as defined in section 48B(b)(3) of the Internal Revenue Code 
     of 1986) to offset for the first 3 three years of the 
     operation of such technology the costs (not to exceed 5 
     percent of the total cost of installation) for modifications 
     resulting from the technology's failure to achieve its design 
     performance.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as are necessary to carry out 
     the purposes of this section.

                       TITLE VI--METHANE RECOVERY

     SEC. 601. CREDIT FOR CAPTURE OF COALMINE METHANE GAS.

       (a) Credit for Capture of Coalmine Methane Gas.--Subpart D 
     of part IV of subchapter A of chapter 1 (relating to business 
     related credits), as amended by section 502(a), is amended by 
     adding at the end the following:

     SEC. 45E. CREDIT FOR CAPTURE OF COALMINE METHANE GAS.

       ``(b) Definition of Coalmine Methane Gas. The term 
     `Coalmine Methane Gas' as used in this section means any 
     methane gas which is being liberated, or would be liberated, 
     during coal mine operations or as a result of past coal 
     mining operations, or which is extracted up to ten years in 
     advance of coal mining operations as part of specific plan to 
     mine a coal deposit.''
       For the purpose of section 38, the coalmine methane gas 
     capture credit of any taxpayer for any taxable year is $1.21 
     for each one million British thermal units of coalmine 
     methane gas captured by the taxpayer and utilized as a fuel 
     source or sold by or on behalf of the taxpayer to 
     an unrelated person during such taxable year (within the 
     meaning of section 45).''
       Credits for the capture of coalmine methane gas shall be 
     earned upon the utilization as a fuel source or sale and 
     delivery of the coalmine methane gas to an unrelated party, 
     except that credit for coalmine methane gas which is captured 
     in advance of mining operations shall be claimed only after 
     coal extraction occurs in the immediate area where the 
     coalmine methane gas was removed.
       (c) Credit Treated as Business Credit.--Section 38(b), as 
     amended by section 502(b), is amended by striking ``plus'' at 
     the end of paragraph (12), by striking the period at the end 
     of paragraph (13) and inserting ``,plus'', and by adding at 
     the end the following:
       ``(14) the coalmine methane gas capture credit determined 
     under section 45E(a).''
       (d) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1, as amended by 
     section 502(d), is amended by adding at the end the 
     following:

``Sec. 45E. Credit for the capture of coalmine methane gas.;;
       (c) Effective Date.--The amendments made by this section 
     shall apply to the capture of coalmine methane gas after 
     December 31, 2000 and on or before December 31, 2006.

                   TITLE VII--OIL AND GAS PRODUCTION

     SEC. 701. CREDIT FOR PRODUCTION OF RE-REFINED LUBRICATING 
                   OIL.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business related credits), as amended 
     by section 601(a), is amended by adding at the end the 
     following:

     SEC. 45F. CREDIT FOR PRODUCING RE-REFINED LUBRICATING OIL.

       ``(a) General Rule.--For purposes of section 38, the re-
     refined lubricating oil production credit of any taxpayer for 
     any taxable year is equal to $4.05 per barrel of qualified 
     re-refined lubricating oil production which is attributable 
     to the taxpayer (within the meaning of section 29(d)(3)).
       ``(b) Qualified Re-Refined Lubricating Oil Production.--For 
     purposes of this section--
       ``(1) In general.--The term `qualified re-refined 
     lubricating oil production' means a base oil manufactured 
     from at least 95 percent used oil and not more than 2 percent 
     of previously unused oil by a re-refining process which 
     effectively removes physical and chemical impurities and 
     spent and unspent additives to the extent that such base oil 
     meets industry standards for engine oil as defined by the 
     American Petroleum Institute document API 1509 as in effect 
     on the date of the enactment of this section.
       ``(2) Limitation on amount of production which may 
     qualify.--Re-refined lubricating oil produced oil produced 
     during any taxable year shall not be treated as qualified re-
     refined lubricating oil production but only to the extent 
     average daily production during the taxable year exceeds 
     7,000 barrels.
       ``(3) Barrel.--The term `barrel' has the meaning given such 
     term by section 613A(e)(4).
       ``(c) Inflation Adjustment.--In the case of any taxable 
     year beginning in a calendar year after 2000, the dollar 
     amount contained in subsection (a) shall be increased to an 
     amount equal to such dollar amount multiplied by the 
     inflation adjustment factor for such calendar year 
     (determined under section 29(d)(2)(B) by substituting `2000' 
     for `1979').''
       (b) Credit Treated as Business Credit.--Section 38(b) 
     (relating to current year business credit), as amended by 
     section 601(b), is amended by striking `plus' at the end of 
     paragraph (13), by striking the period at the end of 
     paragraph (14) and inserting `, plus', and by adding at the 
     end the following:
       ``(15) the re-refined lubricating oil production credit 
     determined under section 45F(a).''
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1, as amended by 
     section 601(c), is amended by adding at the end the 
     following:

``Sec. 45F. Credit for producing re-refined lubricating oil.''
       (d) Effective Date.--The amendments made by this section 
     shall apply to production after December 31, 2000.

     SEC. 702. OIL AND GAS FROM MARGINAL WELLS.

     ``SEC. 45D. CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL 
                   WELLS

       (a) General Rule.--For purposes of section 38, the marginal 
     well production credit for any taxable year is an amount 
     equal to the product of--
       ``(1) the credit amount, and
       ``(2) the qualified crude oil production and the qualified 
     natural gas production which is attributable to the taxpayer.
       ``(b) Credit Amount.--For purposes of this section--
       ``(1) In general.--The credit amount is--
       ``(A) $3 per barrel of qualified crude oil production, and
       ``(B) 50 cents per 1,000 cubic feet of qualified natural 
     gas production.
       ``(2) Reduction as oil and gas prices increase.--
       ``(A) In general.--The $3 and 50 cents amounts under 
     paragraph (1) shall each be reduced (but not below zero) by 
     an amount which bears the same ratio to such amount 
     (determined without regard to this paragraph) as--
       ``(i) the excess (if any) of the applicable reference price 
     over $14 ($1.56 for qualified natural gas production), bears 
     to
       ``(ii) $3 ($0.33 for qualified natural gas production).
       The applicable reference price for a taxable year is the 
     reference price for the calendar year preceding the calendar 
     year in which the taxable year begins.
       ``(B) Inflation adjustment.--In the case of any taxable 
     year beginning in a calendar year after 2000, each of the 
     dollar amounts contained in subparagraph (A) shall be 
     increased to an amount equal to such dollar amount multiplied 
     by the inflation adjustment factor for such calendar year 
     (determined under section 43(b)(3)(B) by substituting `2000' 
     for `1990').
       ``(C) Reference price.--For purposes of this paragraph, the 
     term `reference price' means, with respect to any calendar 
     year--
       ``(i) in the case of qualified crude oil production, the 
     reference price determined under section 29(d)(2)(C), and
       ``(ii) in the case of qualified natural gas production, the 
     Secretary's estimate of the annual average wellhead price per 
     1,000 cubic feet for all domestic natural gas.
       ``(c) Qualified Crude Oil and Natural Gas Production.--For 
     purposes of this section--
       ``(1) In general.--The terms `qualified crude oil 
     production' and `qualified natural gas production' mean 
     domestic crude oil or natural gas which is produced from a 
     marginal well.
       ``(2) Limitation on amount of production which may 
     qualify.--
       ``(A) In general.--Crude oil or natural gas produced during 
     any taxable year from any well shall not be treated as 
     qualified crude oil production or qualified natural gas 
     production to the extent production from the well during the 
     taxable year exceeds 1,095 barrels or barrel equivalents.
       ``(B) Proportionate reductions.--
       ``(i) Short taxable years.--In the case of a short taxable 
     year, the limitations under this paragraph shall be 
     proportionately reduced to reflect the ratio which the number 
     of days in such taxable year bears to 365.
       ``(ii) Wells not in production entire year.--In the case of 
     a well which is not capable of production during each day of 
     a taxable year, the limitations under this paragraph 
     applicable to the well shall be proportionately reduced to 
     reflect the ratio which the number of days of production 
     bears to the total number of days in the taxable year.
       ``(3) Definitions.--
       ``(A) Marginal well.--The term `marginal well' means a 
     domestic well--
       ``(i) the production from which during the taxable year is 
     treated as marginal production under section 613A(c)(6), or
       ``(ii) which, during the taxable year--
       ``(I) has average daily production of not more than 25 
     barrel equivalents, and
       ``(II) produces water at a rate not less than 95 percent of 
     total well effluent.
       ``(B) Crude oil, etc.--The terms `crude oil', `natural 
     gas', `domestic', and `barrel' have the meanings given such 
     terms by section 613A(e).
       ``(C) Barrel equivalent.--The term `barrel equivalent' 
     means, with respect to natural gas, a conversion ratio of 
     6,000 cubic feet of natural gas to 1 barrel of crude oil.
       ``(d) Other Rules.--
       ``(1) Production attributable to the taxpayer.--In the case 
     of a marginal well in

[[Page S9493]]

     which there is more than one owner of operating interests in 
     the well and the crude oil or natural gas production exceeds 
     the limitation under subsection (c)(2), qualifying crude oil 
     production or qualifying natural gas production attributable 
     to the taxpayer shall be determined on the basis of the ratio 
     which taxpayer's revenue interest in the production bears to 
     the aggregate of the revenue interests of all operating 
     interest owners in the production.
       ``(2) Operating interest required.--Any credit under this 
     section may be claimed only on production which is 
     attributable to the holder of an operating interest.
       ``(3) Production from nonconventional sources excluded.--In 
     the case of production from a marginal well which is eligible 
     for the credit allowed under section 29 for the taxable year, 
     no credit shall be allowable under this section unless the 
     taxpayer elects not to claim the credit under section 29 with 
     respect to the well.'
       ``(c) Credit Treated as Business Credit.--Section 38(b) is 
     amended by striking `plus' at the end of paragraph (11), by 
     striking the period at the end of paragraph (12) and 
     inserting `, plus', and by adding at the end the following 
     new paragraph:
       ``(13) the marginal oil and gas well production credit 
     determined under section 45D(a).''
       (d) Credit Allowed Against Regular and Minimum Tax.--
       (1) In general.--Subsection (c) of section 38 (relating to 
     limitation based on amount of tax) is amended by 
     redesignating paragraph (3) as paragraph (4) and by inserting 
     after paragraph (2) the following new paragraph:
       ``(3) Special rules for marginal oil and gas well 
     production credit.--
       ``(A) In general.--In the case of the marginal oil and gas 
     well production credit--
       ``(i) this section and section 39 shall be applied 
     separately with respect to the credit, and
       ``(ii) in applying paragraph (1) to the credit--
       ``(I) subparagraphs (A) and (B) thereof shall not apply, 
     and
       ``(II) the limitation under paragraph (1) (as modified by 
     subclause (II)) shall be reduced by the credit allowed under 
     subsection (a) for the taxable year (other than the marginal 
     oil and gas well production credit).
       ``(B) Marginal oil and gas well production credit.--For 
     purposes of this subsection, the term `marginal oil and gas 
     well production credit' means the credit allowable under 
     subsection (a) by reason of section 45D(a).''
       (2) Conforming amendment.--Subclause (II) of section 
     38(c)(2)(A)(ii) is amended by inserting ``or the marginal oil 
     and gas well production credit'' after ``employment credit''.
       (e) Carryback.--Subsection (a) of section 39 (relating to 
     carryback and carryforward of unused credits generally) is 
     amended by adding at the end the following new paragraph:
       ``(3) 10-year carryback for marginal oil and gas well 
     production credit.--In the case of the marginal oil and gas 
     well production credit--
       ``(A) this section shall be applied separately from the 
     business credit (other than the marginal oil and gas well 
     production credit),
       ``(B) paragraph (1) shall be applied by substituting `10 
     taxable years' for `1 taxable years' in subparagraph (A) 
     thereof, and
       ``(C) paragraph (2) shall be applied--
       ``(i) by substituting `31 taxable years' for `21 taxable 
     years' in subparagraph (A) thereof, and
       ``(ii) by substituting `30 taxable years' for `20 taxable 
     years' in subparagraph (B) thereof.''
       (f) Coordination With Section 29.--Section 29(a) is amended 
     by striking ``There'' and inserting ``At the election of the 
     taxpayer, there''.
       (g) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     adding at the end the following item:

``Sec. 45D. Credit for producing oil and gas from marginal wells.''
       (h) Effective Date.--The amendments made by this section 
     shall apply to production in taxable years beginning after 
     December 31, 2000.

     SEC. 703. DEDUCTION FOR DELAY RENTAL PAYMENTS.

       (a) In General.--Section 263 (relating to capital 
     expenditures) is amended by adding after subsection (i) the 
     following new subsection:
       ``(j) Delay Rental Payments for Domestic Oil and Gas 
     Wells.--
       ``(1) In general.--Notwithstanding subsection (a), a 
     taxpayer may elect to treat delay rental payments incurred in 
     connection with the development of oil or gas within the 
     United States (as defined in section 638) as payments which 
     are not chargeable to capital account. Any payments so 
     treated shall be allowed as a deduction in the taxable year 
     in which paid or incurred.
       ``(2) Delay rental payments.--For purposes of paragraph 
     (1), the term `delay rental payment' means an amount paid for 
     the privilege of deferring development of an oil or gas 
     well.''
       (b) Conforming Amendment.--Section 263A(c)(3) is amended by 
     inserting ``263(j),'' after ``263(i),''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning after December 31, 2000.

     SEC. 704. ELECTION TO EXPENSE GEOLOGICAL AND GEOPHYSICAL 
                   EXPENDITURES.

       (a) In General.--Section 263 (relating to capital 
     expenditures) is amended by adding after subsection (j) the 
     following new subsection:
       ``(k) Geological and Geophysical Expenditures for Domestic 
     Oil and Gas Wells.--Notwithstanding subsection (a), a 
     taxpayer may elect to treat geological and geophysical 
     expenses incurred in connection with the exploration for, or 
     development of, oil or gas within the United States (as 
     defined in section 638) as expenses which are not 
     chargeable to capital account. Any expenses so treated 
     shall be allowed as a deduction in the taxable year in 
     which paid or incurred.''
       (b) Conforming Amendment.--Section 263A(c)(3) is amended by 
     inserting ``263(k),'' after ``263(j),''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to costs paid or incurred in taxable years 
     beginning after December 31, 2000.

                 TITLE VIII--RENEWABLE POWER GENERATION

     SEC. 801. MODIFICATIONS TO CREDIT FOR ELECTRICITY PRODUCED 
                   FROM RENEWABLE RESOURCES.

       (a) Expansion of Qualified Energy Resources.--
       (1) In general.--Section 45(c)(1) (defining qualified 
     energy resources) is amended by striking ``and'' at the end 
     of subparagraph (B), by striking subparagraph (C), and by 
     adding at the end the following:
       ``(C) biomass (other than closed-loop biomass), or
       ``(D) poultry waste.''
       (2) Definitions.--Section 45(c) is amended by redesignating 
     paragraph (3) as paragraph (4) and by striking paragraphs (2) 
     and (4) and inserting the following:
       ``(2) Biomass.--
       ``(A) In general.--The term `biomass' means--
       ``(i) closed-loop biomass, and
       ``(ii) any solid, nonhazardous, cellulosic waste material, 
     which is segregated from other waste materials, and which is 
     derived from--
       ``(I) any of the following forest-related resources: mill 
     residues, precommercial thinnings, slash, and brush, but not 
     including old-growth timber,
       ``(II) waste pellets, crates, and dunnage, manufacturing 
     and construction wood wastes, landscape or right-of-way tree 
     trimmings, and municipal solid waste but not including paper 
     that is destined for recycling, or
       ``(III) agriculture sources, including orchard tree crops, 
     vineyard, grain, legumes, sugar, and other crop by-products 
     or residues.
       ``(B) Closed-loop biomass.--The term `closed-loop biomass' 
     means any organic material from a plant which is planted 
     exclusively for purposes of being used at a qualified 
     facility to produce electricity.
       ``(3) Poultry waste.--The term `poultry waste' means 
     poultry manure and litter, including wood shavings, straw, 
     rice hulls, and other bedding material for the disposition of 
     manure.''
       (b) Extension and Modification of Placed-in-Service 
     Rules.--Paragraph (4) of section 45(c), as redesignated by 
     subsection (a), is amended to read as follows:
       ``(4) Qualified facility.--
       ``(A) Wind facility.--In the case of a facility using wind 
     to produce electricity, the term `qualified facility' means 
     any facility owned by the taxpayer which is originally placed 
     in service after December 31, 1993.
       ``(B) Closed-loop biomass facility.--In the case of a 
     facility using closed-loop biomass to produce electricity, 
     the term `qualified facility' means any facility owned by the 
     taxpayer which:
       ``(i) is originally placed in service after December 31, 
     1992 and before January 1, 2005, or
       ``(ii) is originally placed in service after December 31, 
     2000, and modified to use closed loop biomass to co-fire with 
     coal after such date and before January 1, 2005.
       ``(C) Biomass facility.--In the case of a facility using 
     biomass (other than closed-loop biomass) to produce 
     electricity, the term `qualified facility' means:
       ``(i) any facility owned by the taxpayer which is 
     originally placed in service after December 31, 2000 and 
     before January 1, 2005, or
       ``(ii) is originally placed in service before December 31, 
     2000 and modified to co-fire biomass with coal after such 
     date and before January 1, 2005.
       ``(D) Poulstry waste facility.--In the case of a facility 
     using poultry waste to produce electricity, the term 
     `qualified facility' means:
       ``(i) any facility of the taxpayer which is originally 
     placed in service after December 31, 1999 and before January 
     1, 2005, or
       ``(ii) is originally placed in service before December 31, 
     2000 and modified to co-fire poultry waste with coal after 
     such date and before January 1, 2005.
       ``(E) Special rules.--
       ``(i) Combined production facilities included.--For 
     purposes of this paragraph, the term `qualified facility' 
     shall include a facility using biomass to produce electricity 
     and other biobased products such as renewable based chemicals 
     and fuels.
       ``(ii) Special rules.--In the case of a qualified facility 
     described in subparagraph (B), (C) or (D)--
       ``(I) the 10-year period referred to in subsection (a) 
     shall be treated as beginning upon the date the taxpayer 
     first applies for the credit, and
       ``(II) subsection (b)(3) shall not apply to any such 
     facility originally placed in service before January 1, 
     1997.'

[[Page S9494]]

       (c) Electricity Produced From Biomass Co-fired in Coal 
     Plants.--Paragraph (1) of section 45(a) (relating to general 
     rule) is amended to inserting (1.0 cents in the case of 
     electricity produced from biomass, other than closed loop 
     biomass, co-fired in a facility which produces electricity 
     from coal) after ``1.5 cents''.
       (d) Coordination with Other Credits.--Section 45(d) 
     (relating to definitions and special rules) is amended by 
     adding at the end the following:
       ``(8) Coordination with other credits.--This section shall 
     not apply to any production with respect to which the clean 
     coal technology production credit under section 45(b) is 
     allowed unless the taxpayer elects to waive the application 
     of such credit to such production.''
       (e) Effective Date.--The amendments made by this section 
     shall apply to electricity produced after December 31, 2000.

     SEC. 802. CREDIT FROM CAPITAL COSTS OF QUALIFIED BIOMASS-
                   BASED GENERATING SYSTEM.

       (a) Allowance of Qualified Biomass-Based Generating system 
     Facility Credit.--Section 46 (relating to amount of credit), 
     as amended by section 501(a), is amended by striking ``and'' 
     at the end of paragraph (3), by striking the period at the 
     end of paragraph (4) and inserting ``, and'', and by adding 
     at the end the following:
       ``(5) the qualified biomass-based generating system 
     facility credit.''
       (b) Amount of Credit.--Subpart E of part IV of subchapter A 
     of chapter 1 (relating to rules for computing investment 
     credit), as amended by section 501(b), is amended by 
     inserting after section 48C the following:

     SEC. 48C. QUALIFIED BIOMASS-BASED GENERATING SYSTEM FACILITY 
                   CREDIT.

       ``(a) In General.--For purposes of section 46, the 
     qualified biomass-based generating system facility credit for 
     any taxable year is an amount equal to 20 percent of the 
     qualified investment in a qualified biomass-based generating 
     system facility for such taxable year.
       ``(b) Qualified Biomass-Based Generating System Facility.--
       ``(1) In General.--For purposes of subsection (a), the term 
     `qualified biomass-based generating system facility' means a 
     facility of the taxpayer--
       ``(A)(i) the original use of which commences with the 
     taxpayer or the reconstruction of which is completed by the 
     taxpayer (but only with respect to that portion of the basis 
     which is properly attributable to such reconstruction), or
       ``(ii) that is acquired through purchase (as defined by 
     section 179(d)(2)),
       ``(B) that is depreciable under section 167,
       ``(C) that has a useful life of not less than 4 years, and
       ``(D) that uses a qualified biomass-based generating 
     system.
       ``(2) Special Rule for Sale-Leasebacks.--For purposes of 
     subparagraph (A) of paragraph (1), in the case of a facility 
     that--
       ``(A) is originally placed in service by a person, and
       ``(B) is sold and leased back by such person, or is leased 
     to such person, within 3 months after the date such facility 
     was originally placed in service, for a period of not less 
     than 12 years, such facility shall be treated as originally 
     placed in service not earlier than the date on which such 
     property is used under the leaseback (or lease) referred to 
     in subparagraph (B). The preceding sentence shall not apply 
     to any property if the lessee and lessor of such property 
     make an election under this sentence. Such an election, once 
     made, may be revoked only with the consent of the Secretary.
       ``(3) Qualified Biomass-Based Generating System.--For 
     purposes of paragraph (1)(D), the item `qualified biomass-
     based generating system' means a biomass-based integrated 
     gasification combined cycle (IGCC) generating system which 
     has an electricity-only generation efficiency greater than 40 
     percent.
       ``(c) Qualified Investment.--For purposes of subsection 
     (a), the term `qualified investment' means, with respect to 
     any taxable year, the basis of a qualified biomass-based 
     generating system facility placed in service by the taxpayer 
     during such taxable year.
       ``(d) Qualified Progress Expenditures.--
       ``(1) Increase in qualified investment.--In the case of a 
     taxpayer who has made an election under paragraph (5), the 
     amount of the qualified investment of such taxpayer for the 
     taxable year (determined under subsection (c) without regard 
     to this section) shall be increased by an amount equal to the 
     aggregate of each qualified progress expenditure for the 
     taxable year with respect to progress expenditure property.
       ``(2) Progress expenditure property defined.--For purposes 
     of this subsection, the term `progress expenditure property' 
     means any property being constructed by or for the taxpayer 
     and which--
       ``(A) cannot reasonably be expected to be completed in less 
     than 18 months, and
       ``(B) it is reasonable to believe will qualify as a 
     qualified biomass-based generating system facility which is 
     being constructed by or for the taxpayer when it is placed in 
     service.
       ``(3) Qualified progress expenditures defined.--For 
     purposes of this subsection--
       ``(A) Self-constructed property.--In the case of any self-
     constructed property, the term `qualified progress 
     expenditures' means the amount which, for purposes of this 
     subpart, is properly chargeable (during such taxable year) to 
     capital account with respect to such property.
       ``(B) Non-self-constructed property.--In the case of non-
     self-constructed property, the term `qualified progress 
     expenditures' means the amount paid during the taxable year 
     to another person for the construction of such property.
       ``(4) Other definitions.--For purposes of this subsection--
       ``(A) Self-constructed property.--The term `self-
     constructed property' means property for which it is 
     reasonable to believe that more than half of the construction 
     expenditures will be made directly by the taxpayer.
       ``(B) Non-self-constructed property.--The term `non-self-
     constructed property' means property which is not self-
     constructed property.
       ``(C) Construction, etc.--The term `construction' includes 
     reconstruction and erection, and the term `constructed' 
     includes reconstructed and erected.
       ``(D) Only construction of qualified biomass-based 
     generating system facility to be taken into account.--
     Construction shall be taken into account only if, for 
     purposes of this subpart, expenditures therefor are properly 
     chargeable to capital account with respect to the property.
       ``(5) Election.--An election under this subsection may be 
     made at such time and in such manner as the Secretary may by 
     regulations prescribe. Such an election shall apply to the 
     taxabale year for which made and to all subsequent taxable 
     years. Such an election, once made, may not be revoked except 
     with the consent of the Secretary.
       ``(e) Coordination With Other Credits.--This section shall 
     not apply to any property with respect to which the 
     rehabilitation credit under section 47 or the energy credit 
     under section 48A is allowed unless the taxpayer elects to 
     waive the application of such credits to such property.''
       (c) Recapture.--Section 50(a) (relating to other special 
     rules), as amended by section 501(c), is amended by adding at 
     the end the following:
       ``(7) Special rules relating to qualified biomass-based 
     generating system facility.--For purposes of applying this 
     subsection in the case of any credit allowable by reason of 
     section 48C, the following shall apply:
       ``(A) General rule.--In lieu of the amount of the increase 
     in tax under paragraph (1), the increase in tax shall be an 
     amount equal to the investment tax credit allowed under 
     section 38 for all prior taxable years with respect to a 
     qualified biomass-based generating system facility (as 
     defined by section 48C(b)) multiplied by a fraction whose 
     numerator is the number of years remaining to fully 
     depreciate under this title the qualified biomass-based 
     generating system facility disposed of, and whose denominator 
     is the total number of years over which such facility would 
     otherwise have been subject to depreciation. For purposes of 
     the preceding sentence, the year of disposition of the 
     qualified biomass-based generating system facility shall be 
     treated as a year of remaining depreciation.
       ``(B) Property ceases to qualify for progress 
     expenditures.--Rules similar to the rules of paragraph (2) 
     shall apply in the case of qualified progress expenditures 
     for a qualified biomass-based generating system facility 
     under section 48C, except that the amount of the increase in 
     tax under subparagraph (A) of this paragraph shall be 
     substituted in lieu of the amount described in such paragraph 
     (2).
       ``(C) Application of paragraph.--This paragraph shall be 
     applied separately with respect to the credit allowed under 
     section 38 regarding a qualified biomass-based generating 
     system facility.''
       (d) Transitional Rule.--Section 39(d) of the Internal 
     Revenue Code of 1986 (relating to transitional rules) as 
     amended by section 501(d), is amended by adding at the end 
     the following:
       ``(11) No carryback of section 48c credit before effective 
     date.--No portion of the unused business credit for any 
     taxable year which is attributable to the qualified 
     biomass-based generating system facility credit determined 
     under section 48C may be carried back to a taxable year 
     ending before the date of the enactment of section 48C.''
       (e) Technical Amendments.--
       (1) Section 49(a)(1)(C), as amended by section 501(e), is 
     amended by striking ``and'' at the end of clause (iii), by 
     striking the period at the end of clause (iv) and inserting 
     ``, and'', and by adding at the end the following:
       ``(v) the portion of the basis of any qualified biomass-
     based generating system facility attributable to any 
     qualified investment (as defined by section 48C(c)).''
       (2) Section 50(a)(4), as amended by section 501(e), is 
     amended by striking ``and (6)'' and inserting ``, (6) and 
     (7)''.
       (3) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1, as amended by section 501(e), is 
     amended by inserting after the item relating to section 48B 
     the following:

``Sec. 48C. Qualified biomass-based generating system facility 
              credit.''
       (f) Effective Date.--The amendments made by this section 
     shall apply to periods after December 31, 1999, under rules 
     similar to the rules of section 48(m) of the Internal Revenue 
     Code of 1986 (as in effect on the day before the date of the 
     enactment of the Revenue Reconciliation Act of 1990).

     SEC. 803. TREATMENT OF FACILITIES USING BAGASSE TO PRODUCE 
                   ENERGY AS SOLID WASTE DISPOSAL FACILITIES 
                   ELIGIBLE FOR TAX-EXEMPT FINANCING.

       (a) In General.--Section 142 (relating to exempt facility 
     bond) is amended by adding at the end the following:

[[Page S9495]]

       ``(k) Solid Waste Disposal Facilities.--For purposes of 
     subsection (a)(6), the term `solid waste disposal facilities' 
     includes property located in Hawaii and used for the 
     collection, storage, treatment, utilization, processing, or 
     final disposal of bagasse in the manufacture of ethanol.''
       (b) Effective Date.--The amendment made by this section 
     shall apply to bonds issued after the date of the enactment 
     of this Act.

     SEC. 804. FEDERAL RENEWABLE PORTFOLIO STANDARD.

       Title VI of the Public Utility Regulatory Policies Act of 
     1978 is further amended by adding at the end the following:

     ``SEC. 610. FEDERAL RENEWABLE PORTFOLIO STANDARD.

       ``(a) Minimum Renewable Generation Requirement.--(1) For 
     each calendar year beginning with 2003, a retail electric 
     supplier shall submit to the Secretary renewable energy 
     credits in an amount equal to the required annual percentage, 
     specified in subsection (b), of the total electric energy 
     sold by the retail electric supplier to electric consumers in 
     the calendar year. The retail electric supplier shall make 
     this submission before April 1 of the following calendar 
     year.
       ``(b) Required Annual Percentage.--
       ``(1) For calendar years 2003 and 2004, the required annual 
     percentage shall be determined by the Secretary in an amount 
     less than the amount in paragraph (2);
       ``(2) For calendar years 2005 through 2015, the required 
     annual percentage shall be determined by the Secretary, but 
     no less than 2.5 percent of the retail electric supplier's 
     base amount by the year 2007 increasing to 5.0 percent by the 
     year 2012 continuing through 2015.
       ``(c) Submission of Credits.--(1) A retail electric 
     supplier may satisfy the requirements of subsection (a) 
     through the submission of--
       ``(A) renewable energy credits issued under subsection (d) 
     for renewable energy generated by the retail electric 
     supplier in the calendar year for which credits are being 
     submitted or any previous calendar year;
       ``(B) renewable energy credits obtained by purchase or 
     exchange under subsection (e);
       ``(C) renewable energy credits borrowed against future 
     years under subsection (f); or
       ``(D) any combination of credits under subparagraphs (A), 
     (B), and (C).
       ``(2) A credit may be counted toward compliance with 
     subsection (a) only once.
       ``(d) Issuance of Credits.--(1) The Secretary shall 
     establish, not later than one year after the date of 
     enactment of this section, a program to issue, monitor the 
     sale or exchange of, and track renewable energy credits.
       ``(2) Under the program, an entity that generates electric 
     energy through the use of a renewable energy resource may 
     apply to the Secretary for the issuance of renewable energy 
     credits. The application shall indicate--
       ``(A) the type of renewable energy resource used to produce 
     the electricity,
       ``(B) the State in which the electric energy was produced, 
     and
       ``(C) any other information the Secretary determines 
     appropriate.
       ``(3)(A) Except as provided in paragraphs (B) and (C), the 
     Secretary shall issue to an entity one renewable energy 
     credit for each kilowatt-hour of electric energy the entity 
     generates through the use of a renewable energy resource in 
     any State in 2001 and any succeeding year through 2015.
       ``(B) For incremental hydropower the credits shall be 
     calculated based on normalized water flows, and not actual 
     generation. The calculation of the credits for 
     incremental hydropower shall not be based on any 
     operational changes at the hydroproject not directly 
     associated with the efficiency improvements or capacity 
     additions.
       ``(C) The Secretary shall issue two renewable energy 
     credits for each kilowatt-hour of electric energy generated 
     through the use of a renewable energy resource in any State 
     in 2001 and any succeeding year, if the generating facility 
     is located on Indian land. For purposes of this paragraph, 
     renewable energy generated by biomass cofired with other 
     fuels is eligible for two credits only if the biomass was 
     grown on the land eligible under this paragraph.
       ``(D) To be eligible for a renewable energy credit, the 
     unit of electricity generated through the use of a renewable 
     energy resource may be sold or may be used by the generator. 
     If both a renewable energy resource and a non-renewable 
     energy resource are used to generate the electric energy, the 
     Secretary shall issue credits based on the proportion of the 
     renewable energy resource used. The Secretary shall identify 
     renewable energy credits by type of generation and by the 
     State in which the generating facility is located.
       ``(4) In order to receive a renewable energy credit, the 
     recipient of a renewable energy credit shall pay a fee, 
     calculated by the Secretary, in an amount that is equal to 
     the administrative costs of issuing, recording, monitoring 
     the sale or exchange of, and tracking the credit or does not 
     exceed five percent of the dollar value of the credit, 
     whichever is lower. The Secretary shall retain the fee and 
     use it to pay these administrative costs.
       ``(5) When a generator sells electric energy generated 
     through the use of a renewable energy resource to a retail 
     electric supplier under a contract subject to section 210 of 
     this Act, the retail electric supplier is treated as the 
     generator of the electric energy for the purposes of this 
     section for the duration of the contract.
       ``(e) Credit Trading.--A renewable energy credit may be 
     sold or exchanged by the entity to whom issued or by any 
     other entity who acquires the credit. A renewable energy 
     credit for any year that is not used to satisfy the minimum 
     renewable generation requirement of subsection (a) for that 
     year may be carried forward for use in another year.
       ``(f) Credit Borrowing.--At any time before the end of the 
     calendar year, a retail electric supplier that has reason to 
     believe that it will not have sufficient renewable energy 
     credits to comply with subsection (a) may--
       ``(1) submit a plan to the Secretary demonstrating that the 
     retail electric supplier will earn sufficient credits within 
     the next 3 calendar years which, when taken into account, 
     will enable to retail electric supplier to meet the 
     requirements of subsection (a) for the calendar year 
     involved; and
       (2) upon the approval of the plan by the Secretary, apply 
     credits that the plan demonstrates will be earned within the 
     next 3 calendar years to meet the requirements of subsection 
     (a) for the calendar year involved.
       ``(g) Enforcement.--The Secretary may bring an action in 
     the appropriate United States district court to impose a 
     civil penalty on a retail electric supplier that does not 
     comply with subsection (a). A retail electric supplier who 
     does not submit the required number of renewable energy 
     credits under subsection (a) is subject to a civil penalty of 
     not more than 3 cents each for the renewable energy credits 
     not submitted.
       ``(h) Information Collection.--The Secretary may collect 
     the information necessary to verify and audit--
       ``(1) the annual electric energy generation and renewable 
     energy generation of any entity applying for renewable energy 
     credits under this section,
       ``(2) the validity of renewable energy credits submitted by 
     a retail electric supplier to the Secretary, and
       ``(3) the quantity of electricity sales of all retail 
     electric suppliers.
       ``(i) Environmental Savings Clause.--Incremental hydropower 
     shall be subject to all applicable environmental laws and 
     licensing and regulatory requirements.
       ``(j) Exemption for Alaska and Hawaii.--This section shall 
     not apply to any retail electric supplier in Alaska or 
     Hawaii.
       ``(k) State Savings Clause.--This section does not preclude 
     a State from requiring additional renewable energy generation 
     in that State.
       ``(l) Definitions.--For purposes of this section--
       ``(1) The term `incremental hydropower' means additional 
     generation capacity achieved from increased efficiency or 
     additions of new capacity at an existing hydroelectric dam.
       ``(2) The term `Indian land' means--
       ``(A) any land within the limits of any Indian reservation, 
     pueblo or rancheria,
       ``(B) any land not within the limits of any Indian 
     reservation, pueblo or rancheria title to which was on the 
     date of enactment of this paragraph either held by the United 
     States for the benefit of any Indian tribe or individual or 
     held by any Indian tribe or individual subject to restriction 
     by the United States against alienation,
       ``(C) any dependent Indian community, and
       ``(D) any land conveyed to any Alaska Native corporation 
     under the Alaska Native Claims Settlement Act.
       ``(3) The term `Indian tribe' means any Indian tribe, band, 
     nation, or other organized group or community, including any 
     Alaska Native village or regional or village corporation as 
     defined in or established pursuant to the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.), which is 
     recognized as eligible for the special programs and services 
     provided by the United States to Indians because of their 
     status as Indians.
       ``(4) The term `renewable energy' means electric energy 
     generated by a renewable energy resource.
       ``(5) The term `renewable energy resource' means solar 
     thermal, photovoltaic, wind, geothermal, biomass (including 
     organic waste, but not unsegregated municipal solid waste), 
     or incremental hydropower facility or modification to an 
     existing facility to co-fire biomass or to expand 
     electricity production from an existing renewable facility 
     that is placed in service on or after January 1, 2001.
       ``(6) The term `retail electric supplier' means a person, 
     State agency, or Federal agency that sells electric energy to 
     an electric consumer.
       ``(7) The term `retail electric supplier's base amount' 
     means the total amount of electric energy sold by the retail 
     electric supplier to electric customers during the most 
     recent calendar year for which information is available, 
     excluding electric energy generated by solar energy, wind, 
     geothermal, biomass, or hydroelectric facility placed in 
     service prior to January 1, 2001.
       ``(m) Sunset.--Subsection (a) of this section expires 
     December 31, 2015.''.

                         TITLE IX--STEELMAKING

     SEC. 901. EXTENSION OF CREDIT FOR ELECTRICITY TO PRODUCTION 
                   FROM STEEL COGENERATION.

       (a) Extension of Credit for Coke Production and Steel 
     Manufacturing Facilities.--Section 45(c)(1) (defining 
     qualified energy resources), as amended by section 507 of 
     P.L. 106-170, is amended by striking ``and'' at

[[Page S9496]]

     the end of subparagraph (B), by striking the period at the 
     end of subparagraph (C) and inserting ``, and'', and by 
     adding at the end the following:
       ``(E) steel cogeneration.''
       (b) Steel Cogeneration.--Section 45(c), is amended by 
     adding at the end the following:
       ``(5) Steel cogeneration.--The term `steel cogeneration' 
     means the production of electricity and steam (or other form 
     of thermal energy) from any or all waste sources in 
     subparagraphs (A), (B), and (C) within an operating facility 
     that produces or integrates the production of coke, direct 
     reduced iron ore, iron, or steel provided that the 
     cogeneration meets any regulatory energy-efficiency standards 
     established by the Secretary, and only to the extent that 
     such energy is produced from--
       ``(A) gases or heat generated from the production of 
     metallurgical coke,
       ``(B) gases or heat generated from the production of direct 
     reduced iron ore or iron, from blast furnace or direct 
     ironmaking processes, or
       ``(C) gases or heat generated from the manufacture of 
     steel.''
       (c) Modification of Placed in Service Rules for Steel 
     Cogeneration Facilities.--Section 45(c)(4) (defining 
     qualified facility), as amended by Section 507 of P.L. 106-
     170, is amended by adding at the end the following:
       ``(F) Steel cogeneration facilities.--In the case of a 
     facility using steel cogeneration to produce electricity, the 
     term qualified facility' means any facility permitted to 
     operate under the environmental requirements of the Clean Air 
     Act Amendments of 1990 which is owned by the taxpayer and 
     originally placed in service after December 31, 2000, and 
     before January 1, 2006. Such a facility may be treated as 
     originally placed in service when such facility was last 
     upgraded to increase efficiency or generation capability. 
     However, no facility shall be allowed a credit under this 
     section for more than 10 years of production.''
       (d) Conforming Amendments.--
       (1) The heading for section 45 is amended by inserting 
     ``and waste energy'' after ``renewable''.
       (2) The item relating to section 45 in the table of 
     sections subpart D of part IV of subchapter A of chapter 1 is 
     amended by inserting ``and waste energy'' after 
     ``renewable.''
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2001.

                      TITLE X--ENERGY EMERGENCIES

     SEC. 1001. ENERGY POLICY AND CONSERVATION ACT AMENDMENTS.

       Title I of the Energy Policy and Conservation Act (42 
     U.S.C. 6211-6251) is amended--
       (a) In section 166 (42 U.S.C. 6246), by inserting ``through 
     2003'' after ``2000.''
       (b) In section 181 (42 U.S.C. 6251), by striking ``March 
     31, 2000'' each place it appears and inserting ``September 
     30, 2003.''
       Title II of the Energy Policy and Conservation Act (42 
     U.S.C. 6261-6285) is amended--
       (a) In section 256(h) (42 U.S.C. 6276(h)), by striking the 
     last sentence and inserting the following, ``For the purpose 
     of carrying out this subsection, there are authorized to be 
     appropriated such sums as may be necessary.''
       (b) In section 281 (42 U.S.C. 6285), by striking ``March 
     31, 2000'' each place it appears and inserting ``September 
     30, 2003''.
       (a) Amendment.--Title I of the Energy Policy and 
     Conservation Act is amended by--
       (1) redesignating part D as part E;
       (2) redesignating section 181 as section 191; and
       (3) inserting after part C the following new part D:

              Part D--Northeast Home Heating Oil Reserve.

       (a) Title I of the Energy Policy and Conservation Act is 
     amended by--
       (1) redesignating part D as part E;
       (2) redesignating section 181 as section 191; and
       (3) inserting after part C the following new part D:

              ``Part D--Northeast Home Heating oil Reserve


                            ``establishment

       ``Sec. 181. (a) Notwithstanding any other provision of this 
     Act, the Secretary may establish, maintain, and operate in 
     the Northeast a Northeast Home Heating Oil Reserve. A Reserve 
     established under this part is not a component of the 
     Strategic Petroleum Reserve established under part B of this 
     title. A Reserve established under this part shall contain no 
     more than 2 million barrels of petroleum distillate.
       ``(b) for the purposes of this part--
       ``(1) the term `Northeast' means the States of Maine, New 
     Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, 
     New York, Pennsylvania, and New Jersey.
       ``(2) the term `petroleum distillate' includes heating oil 
     and diesel fuel; and
       ``(3) the term `Reserve' means the Northeast Home Heating 
     Oil Reserve established under this part.


                              ``authority

       ``Sec. 182. to the extent necessary or appropriate to carry 
     out this part, the Secretary may--
       ``(1) purchase, contract for, lease, or otherwise acquire, 
     in whole or in part, storage and related facilities, and 
     storage services'
       ``(2) use, lease, maintain, sell, or otherwise dispose of 
     storage and related facilities acquired under this part;
       ``(3) acquire by purchase, exchange (including exchange of 
     petroleum product from the Strategic Petroleum Reserve or 
     received as royalty from Federal lands), lease, or otherwise, 
     petroleum distillate for storage in the Northeast Home 
     Heating Oil Reserve;
       ``(4) store petroleum distillate in facilities not owned by 
     the United States; and
       ``(5) sell, exchange, or otherwise dispose of petroleum 
     distillate from the Reserve established under this part, 
     including to maintain the quality or quantity of the 
     petroleum distillate in the Reserve or to maintain the 
     operational capability of the Reserve.


                     ``conditions for release; plan

       ``Sec. 183. (a) Finding.--The Secretary may sell product 
     from the Reserve only upon a finding by the President that 
     there is a severe energy supply interruption. Such a finding 
     may be made only if he determines that--
       ``(1) a dislocation in the heating oil market has resulted 
     from such interruption; or
       ``(2) a circumstance, other than that described in 
     paragraph (1), exists that constitutes a regional supply 
     shortage of significant scope and duration and that action 
     taken under this section would assist directly and 
     significantly in reducing the adverse impact of such 
     shortage.
       ``(b) Definition.--For purposes of this section a 
     `dislocation in the heating oil market' shall be deemed to 
     occur only when--
       ``(1) The price differential between crude oil, as 
     reflected in an industry daily publication such as `Platt's 
     Oilgram Price Report' or `Oil Daily' and No. 2 heating oil, 
     as reported in the Energy Information Administration's retail 
     price data for the Northeast, increases by more than 60% over 
     its five year rolling average for the months of mid-October 
     through March, and continues for 7 consecutive days; and
       ``(2) The price differential continues to increase during 
     the most recent week for which price information is 
     available.
       ``(c) The Secretary shall conduct a continuing evaluation 
     of the residential price data supplied by the Energy 
     Information Administration for the Northeast and data on 
     crude oil prices from published sources.
       ``(d) After consultation with the heating oil industry, the 
     Secretary shall determine procedures governing the release of 
     petroleum distillate from the Reserve. The procedures shall 
     provide that:
       ``(1) The Secretary may--
       ``(A) sell petroleum distillate from the Reserve through a 
     competitive process, or
       ``(B) enter into exchange agreements for the petroleum 
     distillate that results in the Secretary receiving a greater 
     volume of petroleum distillate as repayment than the volume 
     provided to the acquirer;
       ``(2) In all such sales or exchanges, the Secretary shall 
     receive revenue or its equivalent in petroleum distillate 
     that provides the Department with fair market value. At no 
     time may the oil be sold or exchanged resulting in a loss of 
     revenue or value to the United States; and
       ``(3) The Secretary shall only sell or dispose of the oil 
     in the Reserve to entities customarily engaged in the sale 
     and distribution of petroleum distillate.
       ``(e) Within 45 days of the date of the enactment of this 
     section, the Secretary shall transmit to the President and, 
     if the President approves, to the Congress a plan 
     describing--
       ``(1) the acquisition of storage and related facilities or 
     storage services for the Reserve, including the potential use 
     of storage facilities not currently in use;
       ``(2) the acquisition of petroleum distillate for storage 
     in the Reserve;
       ``(3) the anticipated methods of disposition of petroleum 
     distillate from the Reserve;
       ``(4) the estimated costs of establishment, maintenance, 
     and operation of the Reserve;
       ``(5) efforts the Department will take to minimize any 
     potential need for future drawdowns and ensure that 
     distributors and importers are not discouraged from 
     maintaining and increasing supplies to the Northeast; and
       ``(6) actions to ensure quality of the petroleum distillate 
     in the Reserve.


              ``northeast home heating oil reserve account

       ``Sec. 184. (a) Upon a decision of the Secretary of Energy 
     to establish a Reserve under this part, the Secretary of the 
     Treasury shall establish in the Treasury of the United States 
     an account known as the `Northeast Home Heating Oil Reserve 
     Account' (referred to in this section as the `Account').
       ``(b) The Secretary of the Treasury shall deposit in the 
     Account any amounts appropriated to the Account and any 
     receipts from the sale, exchange, or other disposition of 
     petroleum distillate from the Reserve.
       ``(c) The Secretary of Energy may obligate amounts in the 
     Account to carry out activities under this part without the 
     need for further appropriation, and amounts available to the 
     Secretary of Energy for obligation under this section shall 
     remain available without fiscal year limitation.


                              ``exemptions

       ``Sec. 185. An action taken under this part is not subject 
     to the rulemaking requirements of section 523 of this Act, 
     section 501 of the Department of Energy Organization Act, or 
     section 553 of title 5, United States Code.''.


                   ``authorization of appropriations

       ``Sec. 186. There are authorized to be appropriated for 
     fiscal year 2001, 2002, and 2003 such sums as may be 
     necessary to implement this part.''.

[[Page S9497]]

     SEC. 1002. ENERGY CONSERVATION PROGRAMS FOR SCHOOLS AND 
                   HOSPITALS.

       Title III of the Energy Policy and Conservation Act (42 
     U.S.C. 6325) is amended as follows:
       Sec. 365 (f) For the purpose of carrying out this part 
     there are authorized to be appropriated such sums as may be 
     necessary.

     SEC. 1003. STATE ENERGY PROGRAMS.

       Title III of the Energy Policy and Conservation Act (42 
     U.S.C. 6371f) is amended as follows:
       Sec. 397. For the purpose of carrying out this part, there 
     are authorized to be appropriated such sums as may be 
     necessary.


           ``SEC. 1004. ANNUAL HOME HEATING READINESS PROGRAM

       ``(a) In General.--Part A of title I of the Energy Policy 
     and Conservation Act (42 U.S.C. 6211 et seq.) is amended by 
     adding at the end the following:

                     ANNUAL HOME HEATING READINESS.

       ``(a) In General.--The Secretary, in conjunction with the 
     Administrator of the Energy Information Agency, shall 
     coordinate with all interested states on an annual basis a 
     program to assess the adequacy of supplies for natural gas, 
     heating oil and propane and develop joint recommendations for 
     responding to regional shortages or price spikes.
       ``(b) On or before September 1 of each year, the Secretary, 
     acting through the Administrator of the Energy Information 
     Agency, shall submit to Congress a Home Heating Readiness 
     Report on the readiness of the natural gas, heating oil and 
     propane industries to supply fuel under various weather 
     conditions, including rapid decreases in temperature.
       ``(c) Contents.--The Home Heating Readiness Report shall 
     include--
       ``(1) estimates of the consumption, expenditures, and 
     average price per MMBtu or gallon of natural gas, heating oil 
     and propane for the upcoming period of October through March 
     for various weather conditions, with special attention to 
     extreme weather, and various regions of the country;
       ``(2) an evaluation of--
       ``(A) global and regional crude oil and refined product 
     supplies;
       ``(B) the adequacy and utilization of refinery capacity;
       ``(C) the adequacy, utilization, and distribution of 
     regional refined product storage capacity;
       ``(D) weather conditions;
       ``(E) the refined product transportation system;
       ``(F) market inefficiencies; and
       ``(G) any other factor affecting the functional capability 
     of the natural gas, heating oil industry and propane industry 
     that has the potential to affect national or regional 
     supplies and prices;
       ``(3) recommendations on steps that the Federal, State, and 
     local governments can take to prevent or alleviate the impact 
     of sharp and sustained increases in the price of natural gas, 
     heating oil and propane; and
       ``(4) recommendations on steps that companies engaged in 
     the production, refining, storage, transportation of heating 
     oil or propane, or any other activity related to the heating 
     oil industry or propane industry, can take to prevent or 
     alleviate the impact of sharp and sustained increases in the 
     price of heating oil and propane.
       ``(d) Information Requests.--The Secretary may request 
     information necessary to prepare the Home Heating Readiness 
     Report from companies described in subsection (b)(4).''.
       (b) Conforming and Technical Amendments.--The Energy Policy 
     and Conservation Act is amended--
       (1) in the table of contents in the first section (42 
     U.S.C. prec. 6201), by inserting after the item relating to 
     section 106 the following:

``Sec. 107. Major fuel burning stationary source.
``Sec. 108. Annual home heating readiness report.'';
       and
       (2) in section 107 (42 U.S.C. 6215), by striking `SEC. 107. 
     (a) No Governor' and inserting the following:

     ``SEC. 107. MAJOR FUEL BURNING STATIONARY SOURCE.

       ``(a) No Governor''.

     ``SEC. 1005. SUMMER FILL AND FUEL BUDGETING PROGRAMS.

       ``(a) In General.--Part C of title II of the Energy Policy 
     and Conservation Act (42 U.S.C. 6211 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 273. SUMMER FILL AND FUEL BUDGETING PROGRAMS.

       ``(a) Definitions.--In this section:
       ``(1) Budget contract.--The term `budget contract' means a 
     contract between a retailer and a consumer under which the 
     heating expenses of the consumer are spread evenly over a 
     period of months.
       ``(2) Fixed-price contract.--The term `fixed-price 
     contract' means a contract between a retailer and a consumer 
     under which the retailer charges the consumer a set price for 
     propane, kerosene, or heating oil without regard to market 
     price fluctuations.
       ``(3) Price cap contract.--The term `price cap contract' 
     means a contract between a retailer and a consumer under 
     which the retailer charges the consumer the market price 
     for propane, kerosene, or heating oil, but the cost of the 
     propane, kerosene, or heating oil may not exceed a maximum 
     amount stated in the contract.
       ``(b) Assistance.--At the request of the chief executive 
     officer of a State, the Secretary shall provide information, 
     technical assistance, and funding--
       ``(1) to develop education and outreach programs to 
     encourage consumers to fill their storage facilities for 
     propane, kerosene, and heating oil during the summer months; 
     and
       ``(2) to promote the use of budget contracts, price cap 
     contracts, fixed-price contracts, and other advantageous 
     financial arrangements;

     to avoid severe seasonal price increases for and supply 
     shortages of those products.

       ``(c) Preference.--In implementing this section, the 
     Secretary shall give preference to States that contribute 
     public funds or leverage private funds to develop State 
     summer fill and fuel budgeting programs.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $25,000,000 for fiscal year 2001; and
       ``(2) such sums as are necessary for each fiscal year 
     thereafter.
       ``(e) Inapplicability of Expiration Provision.--Section 281 
     does not apply to this section.''.
       (b) Conforming Amendment.--The table of contents in the 
     first section of the Energy Policy and Conservation Act (42 
     U.S.C. prec. 6201) is amended by inserting after the item 
     relating to section 272 the following:
       ``Sec. 273. Summer fill and fuel budgeting programs.''.

     SEC. 1006. USE OF ENERGY FUTURES FOR FUEL PURCHASES.

       (a) Heating Oil Study.--The Secretary shall conduct a 
     study--
       (1) to ascertain if the use of energy futures and options 
     contracts could provide cost-effective protection from sudden 
     surges in the price of heating oil (including number two fuel 
     oil, propane, and kerosene) for governments, consumer 
     cooperatives, and other organizations that purchase heating 
     oil in bulk to market to end use consumers in the Northeast 
     (Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, 
     Connecticut, New York, Pennsylvania, and New Jersey); and
       (2) to ascertain how these entities may be most effectively 
     educated in the prudent use of energy futures and options 
     contracts to maximize their purchasing effectiveness, protect 
     themselves against sudden or unanticipated surges in the 
     price of heating oil, and minimize long-term heating oil 
     costs.
       (b) Report.--The Secretary, no later than 180 days after 
     appropriations are enacted to carry out this Act, shall 
     transmit the study required in this section to the Committee 
     on Energy and Commerce of the House of Representatives and 
     the Committee on Energy and Natural Resources of the Senate. 
     The report shall contain a review of prior studies conducted 
     on the subjects described in subsection (a).
       (c) Pilot Program.--If the study required in subsection (a) 
     indicates that futures and options contracts can provide 
     cost-effective protection from sudden surges in heating oil 
     prices, the Secretary shall conduct a pilot program, 
     commencing not later than 30 days after the transmission of 
     the study required in subsection (b), to educate such 
     governmental entities, consumer cooperatives, and other 
     organizations on the prudent and cost-effective use of energy 
     futures and options contracts to increase their protection 
     against sudden or unanticipated surges in the price of 
     heating oil and increase the efficiency of their heating oil 
     purchase programs.
       (d) Authorization.--There is authorized to be appropriated 
     $3 million in fiscal year 2001 to carry out this section.

     SEC. 1007. INCREASED USE OF ALTERNATIVE FUELS BY FEDERAL 
                   FLEETS

       Title IV of the Energy Policy and Conservation Act (42 
     U.S.C. 6374) is amended as follows: In SEC. 400AA(a)(3)(E), 
     insert the following sentence at the end,
       ``Except that, no later than fiscal year 2003 at least 50 
     percent of the total annual volume of fuel used must be from 
     alternative fuels.'', and
       In SEC. 400AA(g)(4)(B), after the words, ``solely on 
     alternative fuel'', insert the words ``, including a three 
     wheeled enclosed electric vehicle having a VIN number''.

     SEC. 1008. FULL EXPENSING OF HOME HEATING OIL AND PROPANE 
                   STORAGE FACILITIES

       (a) In General.--Section 179(b) of the Internal Revenue 
     Code of 1986 (relating to limitations) is amended by adding 
     at the end the following--
       ``(5) Full expensing of home heating oil and propane 
     storage facilities.--Paragraphs (1) and (2) shall not apply 
     to section 179 property which is any storage facility (not 
     including a building or its structural components) used in 
     connection with the distribution of home heating oil or 
     liquefied petroleum gas.''

                      TITLE XI--ENERGY EFFICIENCY

     SEC. 1101. ENERGY SAVINGS PERFORMANCE CONTRACTS.

       (a) Section 801(a)(1) of the National Energy Conservation 
     Policy Act (42 U.S.C. 8287(a)(1)) is amended by--
       (1) inserting ``and water'' after ``energy'' the first 
     place it appears;
       (2) striking ``that purpose'' and inserting ``these 
     purposes'';
       (3) inserting ``or water'' after ``energy'' the second 
     place it appears;
       (4) inserting ``or water conservation'' after ``energy'' 
     the third place it appears; and
       (5) inserting ``or water'' after ``energy'' the fourth 
     place it appears.

[[Page S9498]]

       (b) Section 801(a)(2) (A) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287(a)(2)(A)) is amended 
     by--
       (1) inserting ``or water'' after ``energy'' the first place 
     it appears; and
       (2) inserting ``or water conservation'' after ``energy'' 
     the next two places it appears.
       (c) Section 801(a)(2)(B) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287(a)(2)(B)) is amended 
     by--
       (1) inserting ``or water'' after ``energy'' each place it 
     appears; and
       (2) inserting ``energy or'' before ``utilities'' the second 
     place it appears.
       (d) Section 801(a)(2)(D)(iii) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287(a)(2)(D)) is amended 
     by striking ``$750,000'' and inserting ``$10,000,000''.
       (e) Section 801(b)(1)(A) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287(b)(1)(B)) is amended 
     by inserting ``and water'' after ``energy''.
       (f) Section 801(b)(1)(B) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287(b)(1)(B)) is amended 
     by--
       (1) inserting ``or water'' after ``energy'' the first place 
     it appears; and
       (2) inserting ``or water'' after ``energy'' the second 
     place it appears.
       (g) Section 801(b)(2)(A) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287(b)(2)(A)) is amended 
     by inserting ``or water'' after ``energy'' each place it 
     appears.
       (h) Section 801(b)(2)(C) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287(b)(2)(C)) is amended 
     by inserting ``or water'' after ``energy'' each place it 
     appears.
       (i) Section 801(b)(3) of the National Energy Conservation 
     Policy Act (42 U.S.C. 8287(b)(3)) is amended by inserting 
     ``or water'' after ``energy''.
       (j) Section 801(c)(1) of the National Energy Conservation 
     Policy Act (42 U.S.C. 8287(c)(1)) is repealed.
       (k) Section 801(c)(2) of the National Energy Conservation 
     Policy Act (42 U.S.C. 8287(c)) is amended by inserting ``or 
     water'' after ``energy'' each place it appears.
       (l) Section 802 of the National Energy Conservation Policy 
     Act (42 U.S.C. 8287a.) is amended by inserting ``and water'' 
     after ``energy''.
       (m) Section 803 of the National Energy Conservation Policy 
     Act (42 U.S.C. 8287b.) is amended by inserting ```and water'' 
     after ``energy''.
       (n) Section 804(2) of the National Energy Conservation 
     Policy Act (42 U.S.C. 8287c.(2)) is amended in paragraph 
     (a)(2) by inserting ``or water'' after ``energy'' each place 
     it appears.
       (o) Section 804(3) of the National Energy Conservation 
     Policy Act (42 U.S.C. 8287c.(3)) is amended in paragraph 
     (a)(3) by inserting ``or water'' after ``energy''.
       (p) Section 804(4) of the National Energy Conservation 
     Policy Act (42 U.S.C. 8287c.(3)) is amended to read as 
     follows:
       ``(4) The term ``energy or water conservation measure'' 
     includes an ``energy conservation measure'' as defined in 
     section 551(4), or a ``water conservation measure,'' which is 
     a measure applied to a Federal building that improves water 
     efficiency, is life cycle cost effective, and involves water 
     conservation, water recycling or reuse, improvements in 
     operation or maintenance efficiencies, retrofit activities or 
     other related activities.''.
       (q) The seventh paragraph under the heading 
     ``Administrative Provisions, Department of Energy,'' in title 
     II of the Act Making Appropriation for the Department of the 
     Interior and Related Agencies for the Fiscal Year Ending 
     September 30, 1999 is amended by inserting ``and water'' 
     after ``energy'' each place it appears.
       (r) Section 101(e) of Public Law 105-277 is amended by--
       (1) inserting ``and water conservation'' after 
     ``efficiency'' in the title.
       (2) inserting ``and water'' after ``energy'' each place it 
     appears.

     SEC. 1102. WEATHERIZATION.

       (a) Section 414 of the Energy and Conservation and 
     Production Act (42 U.S.C. 6865) is amended by inserting the 
     following sentence in subsection (a) the following sentence. 
     ``The application shall contain the state's best estimate of 
     matching funding available from state and local governments 
     and from private sources,'' after the words ``assistance to 
     such persons''. And, by inserting the words, ``without regard 
     to availability of matching funding'', after the words ``low-
     income persons throughout the States,''
       (b) Section 415 of the Energy and Conservation and 
     Production Act (42 U.S.C. 6865) is amended--
       (1) in subsection (a)(1) by striking the first sentence;
       (2) in subsection (a)(2) by--
       (A) striking ``(A)'',
       (B) striking ``approve a State's application to waive the 
     40 percent requirement established in paragraph (1) if the 
     State includes in its plan'' and inserting ``establish'', 
     and (C) striking subparagraph (B);
       (3) in subsection (c)(1) by--
       (A) striking ``paragraphs (3) and (4)'' and inserting 
     ``paragraph (3)'',
       (B) striking ``$1600'' and inserting ``$2500'',
       (C) striking ``and'' at the end of subparagraph (C),
       (D) striking the period and inserting ``; and'' in 
     subparagraph (D), and
       (E) inserting after subparagraph (D) the following new 
     subparagraph: ``(E) the cost of making heating and cooling 
     modifications, including replacement.'';
       (4) in subsection (c)(3) by--
       (A) striking ``1991, the $1600 per dwelling unit 
     limitation'' and inserting ``2000, the $2500 per dwelling 
     unit average'',
       (B) striking ``limitation'' and inserting ``average'' each 
     time it appears, and
       (C) inserting ``the'' after ``beginning of'' in 
     subparagraph (B); and
       (5) by striking subsection (c)(4).

     SEC. 1103. PUBLIC BENEFITS FUND.

       (a) Definitions.--For purposes of this section--
       (1) the term ``eligible public purpose program'' means a 
     State or tribal program that--
       (A) assists low-income households in meeting their home 
     energy needs;
       (B) provides for the planning, construction, or improvement 
     of facilities to generate, transmit, or distribute 
     electricity to Indian tribes or rural and remote communities;
       (C) provides for the development and implementation of 
     measures to reduce the demand for electricity; or
       (D) provides for--
       (i) new or additional capacity, or improves the efficiency 
     of existing capacity, from a wind, biomass, geothermal, solar 
     thermal, photovoltaic, combined heat and power energy source, 
     or
       (ii) additional generating capacity achieved from increased 
     efficiency at existing hydroelectric dams or additions of new 
     capacity at existing hydroelectric dams;
       (2) the term ``fiscal agent'' means the entity designated 
     under subsection (b)(2)(B);
       (3) the term ``Fund'' means the Public Benefits Fund 
     established under subsection (b)(2)(A);
       (4) the term ``Indian tribe'' means any Indian tribe, band, 
     nation, or other organized group or community, including any 
     Alaska Native village or regional or village corporation as 
     defined in or established pursuant to the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.), which is 
     recognized as eligible for the special programs and services 
     provided by the United States to Indians because of their 
     status as Indians; and
       (5) the term ``State'' means each of the States and the 
     District of Columbia.
       (b) Public Benefits Fund.--There is established in the 
     Treasury of the United States a separate fund, to be known as 
     the Public Benefits Fund. The Fund shall consist of amounts 
     collected by the fiscal agent under subsection (e). The 
     fiscal agent may disburse amounts in the Fund, without 
     further appropriation, in accordance with this section.
       (c) Fiscal Agent.--The Secretary shall appoint a fiscal 
     agent shall collect and disburse the amounts in the Fund in 
     accordance with this section.
       (d) Secretary.--The Secretary shall prescribe rules for:
       (1) the determination of charges under subsection (e);
       (2) the collection of amounts for the Fund, including 
     provisions for overcollection or undercollection;
       (3) the equitable allocation of the Fund among States and 
     Indian tribes based upon--
       (A) the number of low-income households in such State or 
     tribal jurisdiction; and
       (B) the average annual cost of electricity used by 
     households in such State or tribal jurisdiction; and
       (4) the criteria by which the fiscal agent determines 
     whether a State or tribal government's program is an eligible 
     public purpose program.
       (e) Public Benefits Change.--(1) As a condition of existing 
     or future interconnection with facilities of any transmitting 
     utility, each owner of an electric generating facility whose 
     nameplate capacity exceeds five megawatts shall pay the 
     transmitting utility a public benefits charge determined 
     under paragraph (2), even if the generation facility and the 
     transmitting facility are under common ownership or are 
     otherwise affiliated. Each importer of electric energy from 
     Canada or Mexico, as a condition of existing or future 
     interconnection with facilities of any transmitting utility 
     in the United States, shall pay this same charge for imported 
     electric energy. The transmitting utility shall pay the 
     amounts collected to the fiscal agent at the close of each 
     month, and the fiscal agent shall deposit the amounts into 
     the Fund as offsetting collections.
       (2)(A) The Commission shall calculate the rate for the 
     public benefits charge for each calendar year at an amount--
       (i) equal to $3 billion per year, divided by the estimated 
     kilowatt hours of electric energy to be generated by 
     generators subject to the charge, but
       (ii) not to exceed 1 mill per kilowatt-hour.
       (B) Amounts collected in excess of $3 billion in a fiscal 
     year shall be retained in the fund and the assessment in the 
     following year shall be reduced by that amount.
       (f) Disbursal From the Fund.--
       (1) The fiscal agent shall disburse amounts in the Fund to 
     participating States and tribal governments as a block grant 
     to carry out eligible public purpose programs in 
     accordance with this subsection and rules prescribed under 
     subsection (d).
       (2)(A) The fiscal agent shall disburse amounts for a 
     calendar year from the Fund to a State or tribal government 
     in twelve equal monthly payments beginning two months after 
     the beginning of the calendar year.
       (B) The fiscal agent shall make distributions to the State 
     or tribal government or to an entity designated by the State 
     or tribal government to receive payments. The State or tribal 
     government may designate a nonregulated utility as an entity 
     to receive payments under this section.

[[Page S9499]]

       (C) A State or tribal government may use amounts received 
     only for the eligible public purpose programs the State or 
     tribal government designated in its submission to the fiscal 
     agent and the fiscal agent determined eligible.
       (g) Report.--One year before the date of expiration of this 
     section, the Secretary shall report to Congress whether a 
     public benefits fund should continue to exist.
       (h) Sunset.--This section expires at midnight on December 
     31, 2015.''.

     SEC. 1104. NATIONAL OIL HEAT RESEARCH ALLIANCE ACT

     SEC. 101. DEFINITIONS.

       In this section:
       (1) Alliance.--The term ``Alliance'' means a national oil 
     heat research alliance established under section 104.
       (2) Consumer education.--The term ``consumer education'' 
     means the provision of information to assist consumers and 
     other persons in making evaluations and decisions regarding 
     oilheat and other nonindustrial commercial or residential 
     space or hot water heating fuels.
       (3) Exchange.--The term ``exchange'' means an agreement 
     that--
       (A) entitles each party or its customers to receive oilheat 
     from the other party; and
       (B) requires only an insubstantial portion of the volumes 
     involved in the exchange to be settled in cash or property 
     other than the oilheat.
       (4) Industry trade association.--The term ``industry trade 
     association'' means an organization described in paragraph 
     (3) or (6) of section 501(c) of the Internal Revenue Code of 
     1986 that is exempt from taxation under section 501(a) of 
     that Code and is organized for the purpose of representing 
     the oilheat industry.
       (5) No. 1 distillate.--The term ``No. 1 distillate'' means 
     fuel oil classified as No. 1 distillate by the American 
     Society for Testing and Materials.
       (6) No. 2 dyed distillate.--The term ``No. 2 dyed 
     distillate'' means fuel oil classified as No. 2 distillate by 
     the American Society for Testing and Materials that is 
     indelibly dyed in accordance with regulations prescribed 
     by the Secretary of the Treasury under section 4082(a)(2) 
     of the Internal Revenue Code of 1986.
       ``(7) Oilheat.--The term `oilheat' means--
       ``(A) No. 1 distillate; and
       ``(B) No. 2 dyed distillate;
     that is used as a fuel for nonindustrial commercial or 
     residential space or hot water heating.
       ``(8) Oilheat industry.--
       ``(A) In general.--The term `oilheat industry' means--
       ``(i) persons in the production, transportation, or sale of 
     oilheat; and
       ``(ii) persons engaged in the manufacture or distribution 
     of oilheat utilization equipment.
       ``(B) Exclusion.--The term `oilheat industry' does not 
     include ultimate consumers of oilheat.
       ``(9) Public member.--The term `public member' means a 
     member of the Alliance described in section 105(c)(1)(F).
       ``(10) Qualified industry organization.--The term 
     `qualified industry organization' means the National 
     Association for Oilheat Research and Education or a successor 
     organization.
       ``(11) Qualified state association.--The term `qualified 
     State association' means the industry trade association or 
     other organization that the qualified industry organization 
     or the Alliance determines best represents retail marketers 
     in a State.
       ``(12) Retail marketer.--The term `retail marketer' means a 
     person engaged primarily in the sale of oilheat to ultimate 
     consumers.
       ``(13) Secretary.--The term `Secretary' means the Secretary 
     of Energy.
       ``(14) Wholesale distributor.--The term `wholesale 
     distributor' means a person that--
       ``(A)(i) produces No. 1 distillate or No. 2 dyed 
     distillate;
       ``(ii) imports No. 1 distillate or No. 2 dyed distillate; 
     or
       ``(iii) transports No. 1 distillate or No. 2 dyed 
     distillate across State boundaries or among local marketing 
     areas; and
       ``(B) sells the distillate to another person that does not 
     produce, import, or transport No. 1 distillate or No. 2 dyed 
     distillate across State boundaries or among local marketing 
     areas.
       ``(15) State.--The term `State' means the several States, 
     except the State of Alaska.

     ``SEC. 102. REFERENDA.

       ``(a) Creation of Program.--
       ``(1) In general.--The oilheat industry, through the 
     qualified industry organization, may conduct, at its own 
     expense, a referendum among retail marketers and wholesale 
     distributors for the establishment of a national oilheat 
     research alliance.
       ``(2) Reimbursement of cost.--The Alliance, if established, 
     shall reimburse the qualified industry organization for the 
     cost of accounting and documentation for the referendum.
       ``(3) Conduct.--A referendum under paragraph (1) shall be 
     conducted by an independent auditing firm.
       ``(4) Voting rights.--
       ``(A) Retail marketers.--Voting rights of retail marketers 
     in a referendum under paragraph (1) shall be based on the 
     volume of oilheat sold in a State by each retail marketer in 
     the calendar year previous to the year in which the 
     referendum is conducted or in another representative period.
       ``(B) Wholesale distributors.--Voting rights of wholesale 
     distributors in a referendum under paragraph (1) shall be 
     based on the volume of No. 1 distillate and No. 2 dyed 
     distillate sold in a State by each wholesale distributor in 
     the calendar year previous to the year in which the 
     referendum is conducted or in another representative period, 
     weighted by the ratio of the total volume of No. 1 distillate 
     and No. 2 dyed distillate sold for nonindustrial commercial 
     and residential space and hot water heating in the State to 
     the total volume of No. 1 distillate and No. 2 dyed 
     distillate sold in that State.
       ``(5) Establishment by approval of two-thirds.--
       ``(A) In general.--Subject to subparagraph (B), on approval 
     of persons representing two-thirds of the total volume of 
     oilheat voted in the retail marketer class and two-thirds of 
     the total weighted volume of No. 1 distillate and No. 2 dyed 
     distillate voted in the wholesale distributor class, the 
     Alliance shall be established and shall be authorized to levy 
     assessments under section 107.
       ``(B) Requirement of majority of retail marketers.--Except 
     as provided in subsection (b), the oilheat industry in a 
     State shall not participate in the Alliance if less than 50 
     percent of the retail marketer vote in the State approves 
     establishment of the Alliance.
       ``(6) Certification of volumes.--Each person voting in the 
     referendum shall certify to the independent auditing firm the 
     volume of oilheat, No. 1 distillate, or No. 2 dyed distillate 
     represented by the vote of the person.
       ``(7) Notification.--Not later than 90 days after the date 
     of enactment of this title, a qualified State association may 
     notify the qualified industry organization in writing that a 
     referendum under paragraph (1) will not be conducted in the 
     State.
       ``(b) Subsequent State Participation.--The oilheat industry 
     in a State that has not participated initially in the 
     Alliance may subsequently elect to participate by conducting 
     a referendum under subsection (a).
       ``(c) Termination or Suspension.--
       ``(1) In general.--On the initiative of the Alliance or on 
     petition to the Alliance by retail marketers and wholesale 
     distributors representing 35 percent of the volume of oilheat 
     or weighted No. 1 distillate and No. 2 dyed distillate in 
     each class, the Alliance shall, at its own expense, hold a 
     referendum, to be conducted by an independent auditing firm 
     selected by the Alliance, to determine whether the oilheat 
     industry favors termination or suspension of the Alliance.
       ``(2) Volume percentages required to terminate or 
     suspend.--Termination or suspension shall not take effect 
     unless termination or suspension is approved by--
       ``(A) persons representing more than one-half of the total 
     volume of oilheat voted in the retail marketer class and more 
     than one-half of the total volume of weighted No. 1 
     distillate and No. 2 dyed distillate voted in the wholesale 
     distributor class; or
       ``(B) persons representing more than two-thirds of the 
     total volume of fuel voted in either such class.
       ``(d) Calculation of Oilheat Sales.--For the purposes of 
     this section and section 105, the volume of oilheat sold 
     annually in a State shall be determined on the basis of 
     information provided by the Energy Information Administration 
     with respect to a calendar year or other representative 
     period.

     ``SEC. 103. MEMBERSHIP.

       ``(a) Selection.--
       ``(1) In general.--Except as provided in subsection 
     (c)(1)(C), the qualified industry organization shall select 
     members of the Alliance representing the oilheat industry in 
     a State form a list of nominees submitted by the qualified 
     State association in the State.
       ``(2) Vacancies.--A vacancy in the Alliance shall be filled 
     in the same manner as the original selection.
       ``(b) Representation.--In selecting members of the 
     Alliance, the qualified industry organization shall make best 
     efforts to select members that are representative of the 
     oilheat industry, including representation of--
       ``(1) interstate and intrastate operators among retail 
     marketers;
       ``(2) wholesale distributors of No. 1 distillate and No. 2 
     dyed distillate;
       ``(3) large and small companies among wholesale 
     distributors and retail marketers; and
       ``(4) diverse geographic regions of the country.
       ``(c) Number of Members.--
       ``(1) In general.--The membership of the Alliance shall be 
     as follows:
       ``(A) One member representing each State with oilheat sales 
     in excess of 32,000,000 gallons per year.
       ``(B) If fewer than 24 States are represented under 
     subparagraph (A), 1 member representing each of the States 
     with the highest volume of annual oilheat sales, as necessary 
     to cause the total number of States represented under 
     subparagraph (A) and this subparagraph to equal 24.
       ``(C) 5 representatives of retail marketers, 1 each to be 
     selected by the qualified State associations of the 5 States 
     with the highest volume of annual oilheat sales.
       ``(D) 5 additional representatives of retail marketers.
       ``(E) 21 representatives of wholesale distributors.
       ``(F) 6 public members, who shall be representatives of 
     significant users of oilheat, the oilheat research community, 
     State energy officials, or other groups knowledgeable about 
     oilheat.

[[Page S9500]]

       ``(2) Full-time owners or employees.--Other than the public 
     members, Alliance members shall be full-time owners or 
     employees of members of the oilheat industry, except that 
     members described in subparagraphs (C), (D), and (E) of 
     paragraph (1) may be employees of the qualified industry 
     organization or an industry trade association.
       ``(d) Compensation.--Alliance members shall receive no 
     compensation for their service, nor shall Alliance members be 
     reimbursed for expenses relating to their service, except 
     that public members, on request, may be reimbursed for 
     reasonable expenses directly related to participation in 
     meetings of the Alliance.
       ``(e) Terms.--
       ``(1) In general.--Subject to paragraph (4), a member of 
     the Alliance shall serve a term of 3 years, except that a 
     member filling an unexpired term may serve a total of 7 
     consecutive years.
       ``(2) Term limit.--A member may serve not more than 2 full 
     consecutive terms.
       ``(3) Former members.--A former member of the Alliance may 
     be returned to the Alliance if the member has not been a 
     member for a period of 2 years.
       ``(4) Initial appointments.--Initial appointments to the 
     Alliance shall be for terms of 1, 2, and 3 years, as 
     determined by the qualified industry organization, staggered 
     to provide for the subsequent selection of one-third of the 
     members each year.

     SEC. 104. FUNCTIONS.

       ``(a) In General.--
       ``(1) Programs, projects, contracts and other agreements.--
     The Alliance--
       ``(A) shall develop programs and projects and enter into 
     contracts or other agreements with other persons and entities 
     for implementing this title, including programs--
       ``(i) to enhance consumer and employee safety and training;
       ``(ii) to provide for research, development, and 
     demonstration of clean and efficient oilheat utilization 
     equipment; and
       ``(iii) for consumer education; and
       ``(B) may provide for the payment of the costs of carrying 
     out subparagraph (A) with assessments collected under section 
     107.
       ``(2) Coordination.--The Alliance shall coordinate its 
     activities with industry trade associations and other persons 
     as appropriate to provide delivery of services and to avoid 
     unnecessary duplication of activities.
       ``(3) Activities.--
       ``(A) Exclusions.--Activities under clause (i) or (ii) of 
     paragraph (1)(A) shall not include advertising, promotions, 
     or consumer surveys in support of advertising or promotions.
       ``(B) Research, development, and demonstration 
     activities.--
       ``(i) In general.--Research, development, and demonstration 
     activities under paragraph (1)(A)(ii) shall include--
       ``(I) all activities incidental to research, development, 
     and demonstration of clean and efficient oilheat utilization 
     equipment; and
       ``(II) the obtaining of patents, including payment of 
     attorney's fees for making and perfecting a patent 
     application.
       ``(ii) Excluded activities.--Research, development, and 
     demonstration activities under paragraph (1)(A)(ii) shall not 
     include research, development, and demonstration of oilheat 
     utilization equipment with respect to which technically 
     feasible and commercially feasible operations have been 
     verified, except that funds may be provided for improvements 
     to existing equipment until the technical feasibility and 
     commercial feasibility of the operation of those improvements 
     have been verified.
       ``(b) Priorities.--In the development of programs and 
     projects, the Alliance shall give priority to issues relating 
     to--
       ``(1) research, development, and demonstration;
       ``(2) safety;
       ``(3) consumer education; and
       ``(4) training.
       ``(c) Administration.--
       ``(1) Officers, committees; bylaws.--The Alliance--
       ``(A) shall select from among its members a chairperson and 
     other officers as necessary;
       ``(B) may establish and authorize committees and 
     subcommittees of the Alliance to take specific actions that 
     the Alliance is authorized to take; and
       ``(C) shall adopt bylaws for the conduct of business and 
     the implementation of this title.
       ``(2) Solicitation of oilheat industry comment and 
     recommendations.--The Alliance shall establish procedures for 
     the solicitation of oilheat industry comment and 
     recommendations on any significant contracts and other 
     agreements, programs, and projects to be funded by the 
     Alliance.
       ``(3) Advisory committees.--The Alliance may establish 
     advisory committees consisting of persons other than Alliance 
     members.
       ``(4) Voting.--Each member of the Alliance shall have 1 
     vote in matters before the Alliance.
       ``(d) Administrative Expenses.--
       ``(1) In general.--The administrative expenses of operating 
     the Alliance (not including costs incurred in the collection 
     of assessments under section 107) plus amounts paid under 
     paragraph (2) shall not exceed 7 percent of the amount of 
     assessments collected in any calendar year, except that 
     during the first year of operation of the Alliance such 
     expenses and amounts shall not exceed 10 percent of the 
     amount of assessments.
       ``(2) Reimbursement of the secretary.--
       ``(A) In general.--The Alliance shall annually reimburse 
     the Secretary for costs incurred by the Federal Government 
     relating to the Alliance.
       ``(B) Limitation.--Reimbursement under subparagraph (A) for 
     any calendar year shall not exceed the amount that the 
     Secretary determines is twice the average annual salary of 1 
     employee of the Department of Energy.
       ``(e) Budget.--
       ``(1) Publication of proposed budget.--Before August 1 of 
     each year, the Alliance shall publish for public review and 
     comment a proposed budget for the next calendar year, 
     including the probable costs of all programs, projects, and 
     contracts and other agreements.
       ``(2) Submission to the secretary and congress.--After 
     review and comment under paragraph (1), the Alliance shall 
     submit the proposed budget to the Secretary and Congress.
       ``(3) Recommendations by the Secretary.--The Secretary may 
     recommend for inclusion in the budget programs and activities 
     that the Secretary considers appropriate.
       ``(4) Implementation.--The Alliance shall not implement a 
     proposed budget until the expiration of 60 days after 
     submitting the proposed budget to the Secretary.
       ``(f) Records; Audits--
       ``(1) Records.--The Alliance shall--
       ``(A) keep records that clearly reflect all of the acts and 
     transactions of the Alliance; and
       ``(B) make the records available to the public.
       ``(2) Audits--
       ``(A) In general.--The records of the Alliance (including 
     fee assessment reports and applications for refunds under 
     section 107(b)(4)) shall be audited by a certified public 
     accountant at least once each year and at such other times as 
     the Alliance may designate.
       ``(B) Availability of audit reports.--Copies of each audit 
     report shall be provided to the Secretary, the members of the 
     Alliance, and the qualified industry organization, and, on 
     request, to other members of the oilheat industry.
       ``(C) Policies and procedures--
       ``(i) In general.--The Alliance shall establish policies 
     and procedures for auditing compliance with this title.
       ``(ii) Conformity with gaap.--The policies and procedures 
     established under clause (i) shall conform with generally 
     accepted accounting principles.
       ``(g) Public Access To Alliance Proceedings--
       ``(1) Public notice.--The Alliance shall give at least 30 
     days' public notice of each meeting of the Alliance.
       ``(2) Meetings open to the public.--Each meeting of the 
     Alliance shall be open to the public.
       ``(3) Minutes.--The minutes of each meeting of the Alliance 
     shall be made available to and readily accessible by the 
     public.
       ``(h) Annual Report.--Each year the Alliance shall prepare 
     and make publicly available a report that--
       ``(1) includes a description of all programs, projects, and 
     contracts and other agreements undertaken by the Alliance 
     during the previous year and those planned for the current 
     year; and
       ``(2) details the allocation of Alliance resources for each 
     such program and project.

     SEC. 105. ASSESSMENTS.

       ``(a) Rate.--The assessment rate shall be equal to two-
     tenths-cent per gallon of No. 1 distillate and No. 2 dyed 
     distillate.
       ``(b) Collection Rules--
       ``(1) Collection at point of sale.--The assessment shall be 
     collected at the point of sale of No. 1 distillate and No. 2 
     dyed distillate by a wholesale distributor to a person other 
     than a wholesale distributor, including a sale made pursuant 
     to an exchange.
       ``(2) Responsibility for payment.--A wholesale 
     distributor--
       ``(A) shall be responsible for payment of an assessment to 
     the Alliance on a quarterly basis; and
       ``(B) shall provide to the Alliance certification of the 
     volume of fuel sold.
       ``(3) No ownership interest.--A person that has no 
     ownership interest in No. 1 distillate or No. 2 dyed 
     distillate shall not be responsible for payment of an 
     assessment under this section.
       ``(4) Failure to receive payment--
       ``(A) Refund.--A wholesale distributor that does not 
     receive payments from a purchaser for No. 1 distillate or No. 
     2 dyed distillate within 1 year of the date of sale may apply 
     for a refund from the Alliance of the assessment paid.
       ``(B) Amount.--The amount of a refund shall not exceed the 
     amount of the assessment levied on the No. 1 distillate or 
     No. 2 dyed distillate for which payment was not received.
       ``(5) Importation after point of sale.--The owner of No. 1 
     distillate or No. 2 dyed distillate imported after the point 
     of sale--
       ``(A) shall be responsible for payment of the assessment to 
     the Alliance at the point at which the product enters the 
     United States; and
       ``(B) shall provide to the Alliance certification of the 
     volume of fuel imported.
       ``(6) Late payment charge.--The Alliance may establish a 
     late payment charge and rate of interest to be imposed on any 
     person who fails to remit or pay to the Alliance any amount 
     due under this title.

[[Page S9501]]

       ``(7) Alternative collection rules.--The Alliance may 
     establish, or approve a request of the oilheat industry in a 
     State for, an alternative means of collecting the assessment 
     if another means is determined to be more efficient or more 
     effective.
       ``(c) Sale For Use Other Than As Oilheat.--No. 1 distillate 
     and No. 2 dyed distillate sold for uses other than as oilheat 
     are excluded from the assessment.
       ``(d) Investment of Funds.--Pending disbursement under a 
     program, project, or contract or other agreement the Alliance 
     may invest funds collected through assessments, and any other 
     funds received by the Alliance, only--
       ``(1) in obligations of the United States or any agency of 
     the United States;
       ``(2) in general obligations of any State or any political 
     subdivision of a State;
       ``(3) in any interest-bearing account or certificate of 
     deposit of a bank that is a member of the Federal Reserve 
     System; or
       ``(4) in obligations fully guaranteed as to principal and 
     interest by the United States.
       ``(e) State, Local, and Regional Programs--
       ``(1) Coordination.--The Alliance shall establish a program 
     coordinating the operation of the Alliance with the operator 
     of any similar State, local, or regional program created 
     under State law (including a regulation), or similar entity.
       ``(2) Funds made available to qualified state 
     associations--
       ``(A) In general--
       ``(i) Base amount.--The Alliance shall make available to 
     the qualified State association of each State an amount equal 
     to 15 percent of the amount of assessments collected in the 
     State.
       ``(ii) Additional amount.--
       ``(I) In general.--A qualified State association may 
     request that the Alliance provide to the association any 
     portion of the remaining 85 percent of the amount of 
     assessments collected in the State.
       ``(II) Request requirements.--A request under this clause 
     shall--
       ``(aa) specify the amount of funds requested;
       ``(bb) describe in detail the specific uses for which the 
     requested funds are sought;
       ``(cc) include a commitment to comply with this title in 
     using the requested funds; and
       ``(dd) be made publicly available.
       ``(III) Direct benefit.--The Alliance shall not provide any 
     funds in response to a request under this clause unless the 
     Alliance determines that the funds will be used to directly 
     benefit the oilheat industry.
       ``(IV) Monitoring; terms, conditions, and reporting 
     requirements.--The Alliance shall--
       ``(aa) monitor the use of funds provided under this clause; 
     and
       ``(bb) impose whatever terms, conditions, and reporting 
     requirements that the Alliance considers necessary to ensure 
     compliance with this title.

     ``SEC. 106. MARKET SURVEY AND CONSUMER PROTECTION.

       ``(a) Price Analysis.--Beginning 2 years after 
     establishment of the Alliance and annually thereafter, the 
     Secretary of Commerce, using only data provided by the Energy 
     Information Administration and other public sources, shall 
     prepare and make available to the Congress, the Alliance, the 
     Secretary of Energy, and the public, an analysis of changes 
     in the price of oilheat relative to other energy sources. The 
     oilheat price analysis shall compare indexed changes in the 
     price of consumer grade oilheat to a composite of indexed 
     changes in the price of residential electricity, residential 
     natural gas, and propane on an annual national average basis. 
     For purposes of indexing changes in oilheat, residential 
     electricity, residential natural gas, and propane prices, the 
     Secretary of Commerce shall use a 5-year rolling average 
     price beginning with the year 4 years prior to the 
     establishment of the Alliance.
       ``(b) Authority To Restrict Activities.--If in any year the 
     5-year average price composite index of consumer grade 
     oilheat exceeds the 5-year rolling average price composite 
     index of residential electricity, residential natural gas, 
     and propane in an amount greater than 10.1 percent, the 
     activities of the Alliance shall be restricted to research 
     and development, training, and safety matters. The Alliance 
     shall inform the Secretary of Energy and the Congress of any 
     restriction of activities under this subsection. Upon 
     expiration of 180 days after the beginning of any such 
     restriction of activities, the Secretary of Commerce shall 
     again conduct the oilheat price analysis described in 
     subsection (a). Activities of the Alliance shall continue to 
     be restricted under this subsection until the price index 
     excess is 10.1 percent or less.

     ``SEC. 107. COMPLIANCE.

       ``(a) In General.--The Alliance may bring a civil action in 
     United States district court to compel payment of an 
     assessment under section 107.
       ``(b) Costs.--A successful action for compliance under this 
     section may also require payment by the defendant of the 
     costs incurred by the Alliance in bringing the action.

     ``SEC. 108. LOBBYING RESTRICTIONS.

       ``No funds derived from assessments under section 107 
     collected by the Alliance shall be used to influence 
     legislation or elections, except that the Alliance may use 
     such funds to formulate and submit to the Secretary 
     recommendations for amendments to this title or other laws 
     that would further the purposes of this title.

     ``SEC. 109. DISCLOSURE.

       ``Any consumer education activity undertaken with funds 
     provided by the Alliance shall include a statement that the 
     activities were supported, in whole or in part, by the 
     Alliance.

     ``SEC. 110. VIOLATIONS.

       ``(a) Prohibition.--It shall be unlawful for any person to 
     conduct a consumer education activity, undertaken with funds 
     derived from assessments collected by the Alliance under 
     section 107, that includes--
       ``(1) a reference to a private brand name;
       ``(2) a false or unwarranted claim on behalf of oil heat or 
     related products; or
       ``(3) a reference with respect to the attributes or use of 
     any competing product.
       ``(b) Complaints--
       ``(1) In general.--A public utility that is aggrieved by a 
     violation described in subsection (a) may file a complaint 
     with the Alliance.
       ``(2) Transmittal to qualified state association.--A 
     complaint shall be transmitted concurrently to any qualified 
     State association undertaking the consumer education activity 
     with respect to which the complaint is made.
       ``(3) Cessation of Activities.--On receipt of a complaint 
     under this subsection, the Alliance, and any qualified State 
     allocation undertaking the consumer education activity with 
     respect to which the complaint is made, shall cease that 
     consumer education activity until--
       ``(A) the complaint is withdrawn; or
       ``(B) a court determines that the conduct of the activity 
     complained of does not constitute a violation of subsection 
     (a).
       ``(c) Resolution by Parties--
       ``(1) In General.--Not later than 10 days after a complaint 
     is filed and transmitted under subsection (b), the 
     complaining party, the Alliance, and any qualified State 
     association undertaking the consumer education activity with 
     respect to which the complaint is made shall meet to attempt 
     to resolve the complaint.
       ``(2) Withdrawal of complaint.--If the issues in dispute 
     are resolved in those discussions, the complaining party 
     shall withdraw its complaint.
       ``(d) Judicial Review--
       ``(1) In general.--A public utility filing a complaint 
     under this section, the Alliance, a qualified State 
     association undertaking the consumer education activity with 
     respect to which a complaint under this section is made, or 
     any person aggrieved by a violation of subsection (a) may 
     seek appropriate relief in United States district court.
       ``(2) Relief.--A public utility filing a complaint under 
     this section shall be entitled to temporary and injunctive 
     relief enjoining the consumer education activity with respect 
     to which a complaint under this section is made until--
       ``(A) the complaint is withdrawn; or
       ``(B) the court has determined that the consumer education 
     activity complained of does not constitute a violation of 
     subsection (a).
       ``(e) Attorney's Fees--
       ``(a) Meritorious case.--In a case in Federal court in 
     which the court grants a public utility injunctive relief 
     under subsection (d), the public utility shall be entitled to 
     recover an attorney's fee from the Alliance and any qualified 
     State association undertaking the consumer education activity 
     with respect to which a complaint under this section is made.
       ``(2) Nonmeritorious case.--In any case under subsection 
     (d) in which the court determines a complaint under 
     subsection (b) to be frivolous and without merit, the 
     prevailing party shall be entitled to recover an attorney's 
     fee.
       ``(f) Savings Clause.--Nothing in this section shall limit 
     causes of action brought under any other law.

     ``SEC. 111. SUNSET.

       ``This title shall cease to be effective as of the date 
     that is 4 years after the date on which the Alliance is 
     established.''

                         TITLE XII--ELECTRICITY

     SEC. 1201. COMPREHENSIVE INDIAN ENERGY PROGRAM.

       (a) Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 
     3501-3506) is amended by adding after section 2606 the 
     following new section--

     ``SEC. 2607. COMPREHENSIVE INDIAN ENERGY PROGRAM.

       ``(a) Definitions.--For purposes of this section--
       ``(1) ``Director'' means the Director of the Office of 
     Indian Energy Policy and Programs established by section 217 
     of the Department of Energy Organization Act, and
       ``(2) ``Indian land'' means--
       ``(A) any land within the limits of an Indian reservation, 
     pueblo, or ranchera;
       ``(B) any land not within the limits of an Indian 
     reservation, pueblo, or ranchera whose title on the date of 
     enactment of this section was held--
       ``(i) in trust by the United States for the benefit of an 
     Indian tribe,
       ``(ii) by an Indian tribe subject to restriction by the 
     United States against alienation, or
       ``(iii) by a dependent Indian community; and
       ``(C) land conveyed to an Alaska Native Corporation under 
     the Alaska Native Claims Settlement Act.
       ``(b) Indian Energy Education, Planning and Management 
     Assistance.--(1) The Director shall establish programs within 
     the Office of Indian Energy Policy and Programs to

[[Page S9502]]

     assist Indian tribes to meet their energy education, research 
     and development, planning, and management needs.
       ``(2) The Director may make grants, on a competitive basis, 
     to an Indian tribe for--
       ``(A) renewable, energy efficiency, and conservation 
     programs;
       ``(B) studies and other activities supporting tribal 
     acquisition of energy supplies, services, and facilities; and
       ``(C) planning, constructing, developing, operating, 
     maintaining, and improving tribal electrical generation, 
     transmission, and distribution facilities.
       ``(3) The Director may develop, in consultation with Indian 
     tribes, a formula for making grants under this section. The 
     formula may take into account the following--
       ``(A) total number of acres of Indian land owned by an 
     Indian tribe;
       ``(B) total number of households on the tribe's Indian 
     land;
       ``(C) total number of households on the Indian tribe's 
     Indian land that have no electricity service or are 
     underserved; and
       ``(D) financial or other assets available to the tribe from 
     any source.
       ``(4) In making a grant under paragraph (2)(E), the 
     Director shall give priority to an application received from 
     an Indian tribe that is not served or served inadequately by 
     an electric utility, as that term is defined in section 3(4) 
     of the Public Utility Regulatory Policies Act of 1978 (16 
     U.S.C. 2602(4)), or by a person, State agency, or any other 
     non-federal entity that owns or operates a local distribution 
     facility used for the sale of electric energy to an electric 
     consumer.
       ``(5) There are authorized to be appropriated to the 
     Department of Energy such sums as may be necessary to carry 
     out the purposes of this section.
       ``(c) Application of Buy Indian Act.--(1) An agency or 
     department of the United States Government may give, in the 
     purchase and sale of electricity, oil, gas, coal, or other 
     energy product or by-product produced, converted, or 
     transferred on Indian lands, preference, under section 23 of 
     the Act of June 25, 1910 (25 U.S.C. 47) (commonly known as 
     the ``Buy Indian Act''), to an energy and resource production 
     enterprise, partnership, corporation, or other type of 
     business organization majority or wholly owned and controlled 
     by an Indian, a tribal government, or a business, enterprise, 
     or operation of the American Indian Tribal Governments.
       ``(2) In implementing this subsection, an agency or 
     department shall pay no more for energy production than the 
     prevailing market price and shall obtain no less than 
     existing market terms and conditions.
       ``(d) This section does not--
       ``(1) limit the discretion vested in an Administrator of a 
     Federal Power Administration to market and allocate Federal 
     power, or
       ``(2) alter Federal laws under which a Federal Power 
     Administration markets, allocates, or purchases power.''.
       (b) Office of Indian Policy and Programs. Title II of the 
     Department of Energy Organization Act is amended by inserting 
     the following after section 216:


             ``OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS.

       ``Sec. 217. (a) There is established within the Department 
     an Office of Indian Energy Policy and Programs. This Office 
     shall be headed by a Director, who shall be appointed by the 
     Secretary and compensated at the rate equal to that of level 
     IV of the Executive Schedule under section 5315 of Title 5, 
     United States Code. The Director shall perform the duties 
     assigned the Director under the Comprehensive Indian Energy 
     Act and this section.
       ``(b) The Director shall provide, direct, foster, 
     coordinate, and implement energy planning, education, 
     management, conservation, and delivery programs of the 
     Department that--
       ``(1) promote tribal energy efficiency and utilization;
       ``(2) modernized and develop, for the benefit of Indian 
     tribes, tribal energy and economic infrastructure related to 
     natural resource development and electrification;
       ``(3) preserve and promote tribal sovereignty and self 
     determination related to energy matters and energy 
     deregulation;
       ``(4) lower or stabilize energy costs; and
       ``(5) electrify tribal members' homes and tribal lands.
       ``(c) The Director shall carry out the duties assigned the 
     Secretary under title XXVI of the Energy Policy Act of 1992 
     (25 U.S.C. 3501 et seq.).''.
       (c) Conforming Amendment. Section 2603(c) of the Energy 
     Policy Act of 1992 (25 U.S.C. 3503(c)) is amended to read as 
     follows:
       ``(c) There are authorized to be appropriated such sums as 
     may be necessary to carry out the purposes of this section.''
       (b) The table of contents of the Department of Energy Act 
     is amended by inserting after the item relating to section 
     216 the following new item:

``217. Office of Indian Energy Policy and Programs.''.

       (c) Section 5315 of title 5, United States Code, is amended 
     by inserting ``Director, Office of Indian Energy Policy and 
     Programs, Department of Energy.'' after ``Director, Office of 
     Science, Department of Energy.''.

     SEC. 1202. INTERCONNECTION.

       Title II of the Federal Power Act is further amended by 
     adding after section 210 (16 U.S.C. 824i) the following:

     ``SEC. 210A. INTERCONNECTION OF DISTRIBUTED GENERATION 
                   FACILITIES.

       ``(a) Rulemaking Authority.--Not later than one year after 
     the date of enactment of this section, the Commission shall 
     adopt rules to ensure the interconnection of distributed 
     generation facilities to local distribution facilities of an 
     electric utility.
       ``(b) Interconnection authority.--Upon the application of 
     the owner or operator of a distributed generation facility, 
     the Commission may issue an order requiring the physical 
     connection of the local distribution facilities of an 
     electric utility with the distributed generation facility of 
     the applicant.
       ``(c) State Authority.--Any interconnection ordered under 
     this section shall be subject to regulation by the 
     appropriate State commission.
       ``(d) Definition.--As used in this section, the term 
     ``distributed generation facility'' means--
       ``(1) a small-scale electric power generation facility that 
     is designed to serve customers at or near the facility, or
       ``(2) a facility using a single fuel source to produce at 
     the point of use either electric or mechanical power and 
     thermal energy.''.
                                 ______
                                 

            MIKULSKI (AND OTHERS) AMENDMENTS NOS. 4228-4229

  (Ordered to lie on the table.)
  Ms. MIKULSKI (for herself, Mr. Kennedy, and Mr. Bingaman) submitted 
an amendment intended to be proposed by them to the bill, S. 2045, 
supra; as follows:

                           Amendment No. 4228

       At the appropriate place, insert the following:

     SEC. __. COMMUNITY TECHNOLOGY CENTERS.

       Part A of title III of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6811 et seq.) is amended by 
     adding at the end the following:

               ``Subpart 5--Community Technology Centers

     ``SEC. 3161. PURPOSE; PROGRAM AUTHORITY.

       ``(a) Purpose.--It is the purpose of this subpart to assist 
     eligible applicants to--
       ``(1) create or expand community technology centers that 
     will provide disadvantaged residents of economically 
     distressed urban and rural communities with access to 
     information technology and related training; and
       ``(2) provide technical assistance and support to community 
     technology centers.
       ``(b) Program Authority.--
       ``(1) In general.--The Secretary is authorized, through the 
     Office of Educational Technology, to award grants, contracts, 
     or cooperative agreements on a competitive basis to eligible 
     applicants in order to assist such applicants in--
       ``(A) creating or expanding community technology centers; 
     or
       ``(B) providing technical assistance and support to 
     community technology centers.
       ``(2) Period of award.--The Secretary may award grants, 
     contracts, or cooperative agreements under this subpart for a 
     period of not more than 3 years.
       ``(3) Service of americorps participants.--The Secretary 
     may collaborate with the Chief Executive Officer of the 
     Corporation for National and Community Service on the use of 
     participants in National Service programs carried out under 
     subtitle C of title I of the National and Community Service 
     Act of 1990 in community technology centers.

     ``SEC. 3162. ELIGIBILITY AND APPLICATION REQUIREMENTS.

       ``(a) Eligible Applicants.--In order to be eligible to 
     receive an award under this subpart, an applicant shall--
       ``(1) have the capacity to expand significantly access to 
     computers and related services for disadvantaged residents of 
     economically distressed urban and rural communities (who 
     would otherwise be denied such access); and
       ``(2) be--
       ``(A) an entity such as a foundation, museum, library, for-
     profit business, public or private nonprofit organization, or 
     community-based organization;
       ``(B) an institution of higher education;
       ``(C) a State educational agency;
       ``(D) a local educational agency; or
       ``(E) a consortium of entities described in subparagraphs 
     (A), (B), (C), or (D).
       ``(b) Application Requirements.--In order to receive an 
     award under this subpart, an eligible applicant shall submit 
     an application to the Secretary at such time, and containing 
     such information, as the Secretary may require. Such 
     application shall include--
       ``(1) a description of the proposed project, including a 
     description of the magnitude of the need for the services and 
     how the project would expand access to information technology 
     and related services to disadvantaged residents of an 
     economically distressed urban or rural community;
       ``(2) a demonstration of--
       ``(A) the commitment, including the financial commitment, 
     of entities such as institutions, organizations, business and 
     other groups in the community that will provide support for 
     the creation, expansion, and continuation of the proposed 
     project; and
       ``(B) the extent to which the proposed project establishes 
     linkages with other appropriate agencies, efforts, and 
     organizations providing services to disadvantaged residents 
     of an economically distressed urban or rural community;

[[Page S9503]]

       ``(3) a description of how the proposed project would be 
     sustained once the Federal funds awarded under this subpart 
     end; and
       ``(4) a plan for the evaluation of the program, which shall 
     include benchmarks to monitor progress toward specific 
     project objectives.
       ``(c) Matching Requirements.--The Federal share of the cost 
     of any project funded under this subpart shall not exceed 50 
     percent. The non-Federal share of such project may be in cash 
     or in kind, fairly evaluated, including services.

     ``SEC. 3163. USES OF FUNDS.

       ``(a) Required Uses.--A recipient shall use funds under 
     this subpart for--
       ``(1) creating or expanding community technology centers 
     that expand access to information technology and related 
     training for disadvantaged residents of distressed urban or 
     rural communities; and
       ``(2) evaluating the effectiveness of the project.
       ``(b) Permissible Uses.--A recipient may use funds under 
     this subpart for activities, described in its application, 
     that carry out the purposes of this subpart, such as--
       ``(1) supporting a center coordinator, and staff, to 
     supervise instruction and build community partnerships;
       ``(2) acquiring equipment, networking capabilities, and 
     infrastructure to carry out the project; and
       ``(3) developing and providing services and activities for 
     community residents that provide access to computers, 
     information technology, and the use of such technology in 
     support of pre-school preparation, academic achievement, 
     lifelong learning, and workforce development, such as the 
     following:
       ``(A) After-school activities in which children and youths 
     use software that provides academic enrichment and assistance 
     with homework, develop their technical skills, explore the 
     Internet, and participate in multimedia activities, including 
     web page design and creation.
       ``(B) Adult education and family literacy activities 
     through technology and the Internet, including--
       ``(i) General Education Development, English as a Second 
     Language, and adult basic education classes or programs;
       ``(ii) introduction to computers;
       ``(iii) intergenerational activities; and
       ``(iv) lifelong learning opportunities.
       ``(C) Career development and job preparation activities, 
     such as--
       ``(i) training in basic and advanced computer skills;
       ``(ii) resume writing workshops; and
       ``(iii) access to databases of employment opportunities, 
     career information, and other online materials.
       ``(D) Small business activities, such as--
       ``(i) computer-based training for basic entrepreneurial 
     skills and electronic commerce; and
       ``(ii) access to information on business start-up programs 
     that is available online, or from other sources.
       ``(E) Activities that provide home access to computers and 
     technology, such as assistance and services to promote the 
     acquisition, installation, and use of information technology 
     in the home through low-cost solutions such as networked 
     computers, web-based television devices, and other 
     technology.

     ``SEC. 3164. AUTHORIZATION OF APPROPRIATIONS.

       ``For purposes of carrying out this subpart, there is 
     authorized to be appropriated $100,000,000 for fiscal year 
     2001 and such sums as may be necessary for each of the 4 
     succeeding fiscal years.''.

     SEC. __. SCHOOL TECHNOLOGY RESOURCE GRANTS.

       Section 3114(a) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6814(a)) is amended by adding at the 
     end the following:
       ``(3) Teacher training in technology.--In addition to any 
     other funds appropriated to carry out subpart 2, there are 
     authorized to be appropriated $127,000,000 to carry out 
     subpart 2 (other than section 3136) for fiscal year 2001 and 
     such sums as may be necessary for each of the 4 succeeding 
     fiscal years. Funds appropriated under this paragraph shall 
     be used to carry out teacher training in technology in 
     accordance with subpart 2 (other than section 3136).''.

     SEC. __. NEW TEACHER TRAINING.

       (a) Grants Authorized.--The Secretary of Education is 
     authorized to award grants, on a competitive basis, to 
     institutions of higher education to enable the institutions 
     to train students entering the teaching workforce to use 
     technology effectively in the classroom.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this subsection $150,000,000 
     for fiscal year 2001 and such sums as may be necessary for 
     each of the 4 succeeding fiscal years.
                                  ____


                           Amendment No. 4229

       At the appropriate place, insert the following:

     SEC. __. COMMUNITY TECHNOLOGY CENTERS.

       Part A of title III of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6811 et seq.) is amended by 
     adding at the end the following:

               ``Subpart 5--Community Technology Centers

     ``SEC. 3161. PURPOSE; PROGRAM AUTHORITY.

       ``(a) Purpose.--It is the purpose of this subpart to assist 
     eligible applicants to--
       ``(1) create or expand community technology centers that 
     will provide disadvantaged residents of economically 
     distressed urban and rural communities with access to 
     information technology and related training; and
       ``(2) provide technical assistance and support to community 
     technology centers.
       ``(b) Program Authority.--
       ``(1) In general.--The Secretary is authorized, through the 
     Office of Educational Technology, to award grants, contracts, 
     or cooperative agreements on a competitive basis to eligible 
     applicants in order to assist such applicants in--
       ``(A) creating or expanding community technology centers; 
     or
       ``(B) providing technical assistance and support to 
     community technology centers.
       ``(2) Period of award.--The Secretary may award grants, 
     contracts, or cooperative agreements under this subpart for a 
     period of not more than 3 years.
       ``(3) Service of americorps participants.--The Secretary 
     may collaborate with the Chief Executive Officer of the 
     Corporation for National and Community Service on the use of 
     participants in National Service programs carried out under 
     subtitle C of title I of the National and Community Service 
     Act of 1990 in community technology centers.

     ``SEC. 3162. ELIGIBILITY AND APPLICATION REQUIREMENTS.

       ``(a) Eligible Applicants.--In order to be eligible to 
     receive an award under this subpart, an applicant shall--
       ``(1) have the capacity to expand significantly access to 
     computers and related services for disadvantaged residents of 
     economically distressed urban and rural communities (who 
     would otherwise be denied such access); and
       ``(2) be--
       ``(A) an entity such as a foundation, museum, library, for-
     profit business, public or private nonprofit organization, or 
     community-based organization;
       ``(B) an institution of higher education;
       ``(C) a State educational agency;
       ``(D) a local educational agency; or
       ``(E) a consortium of entities described in subparagraphs 
     (A), (B), (C), or (D).
       ``(b) Application Requirements.--In order to receive an 
     award under this subpart, an eligible applicant shall submit 
     an application to the Secretary at such time, and containing 
     such information, as the Secretary may require. Such 
     application shall include--
       ``(1) a description of the proposed project, including a 
     description of the magnitude of the need for the services and 
     how the project would expand access to information technology 
     and related services to disadvantaged residents of an 
     economically distressed urban or rural community;
       ``(2) a demonstration of--
       ``(A) the commitment, including the financial commitment, 
     of entities such as institutions, organizations, business and 
     other groups in the community that will provide support for 
     the creation, expansion, and continuation of the proposed 
     project; and
       ``(B) the extent to which the proposed project establishes 
     linkages with other appropriate agencies, efforts, and 
     organizations providing services to disadvantaged residents 
     of an economically distressed urban or rural community;
       ``(3) a description of how the proposed project would be 
     sustained once the Federal funds awarded under this subpart 
     end; and
       ``(4) a plan for the evaluation of the program, which shall 
     include benchmarks to monitor progress toward specific 
     project objectives.
       ``(c) Matching Requirements.--The Federal share of the cost 
     of any project funded under this subpart shall not exceed 50 
     percent. The non-Federal share of such project may be in cash 
     or in kind, fairly evaluated, including services.

     ``SEC. 3163. USES OF FUNDS.

       ``(a) Required Uses.--A recipient shall use funds under 
     this subpart for--
       ``(1) creating or expanding community technology centers 
     that expand access to information technology and related 
     training for disadvantaged residents of distressed urban or 
     rural communities; and
       ``(2) evaluating the effectiveness of the project.
       ``(b) Permissible Uses.--A recipient may use funds under 
     this subpart for activities, described in its application, 
     that carry out the purposes of this subpart, such as--
       ``(1) supporting a center coordinator, and staff, to 
     supervise instruction and build community partnerships;
       ``(2) acquiring equipment, networking capabilities, and 
     infrastructure to carry out the project; and
       ``(3) developing and providing services and activities for 
     community residents that provide access to computers, 
     information technology, and the use of such technology in 
     support of pre-school preparation, academic achievement, 
     lifelong learning, and workforce development, such as the 
     following:
       ``(A) After-school activities in which children and youths 
     use software that provides academic enrichment and assistance 
     with homework, develop their technical skills, explore the 
     Internet, and participate in multimedia activities, including 
     web page design and creation.
       ``(B) Adult education and family literacy activities 
     through technology and the Internet, including--

[[Page S9504]]

       ``(i) General Education Development, English as a Second 
     Language, and adult basic education classes or programs;
       ``(ii) introduction to computers;
       ``(iii) intergenerational activities; and
       ``(iv) lifelong learning opportunities.
       ``(C) Career development and job preparation activities, 
     such as--
       ``(i) training in basic and advanced computer skills;
       ``(ii) resume writing workshops; and
       ``(iii) access to databases of employment opportunities, 
     career information, and other online materials.
       ``(D) Small business activities, such as--
       ``(i) computer-based training for basic entrepreneurial 
     skills and electronic commerce; and
       ``(ii) access to information on business start-up programs 
     that is available online, or from other sources.
       ``(E) Activities that provide home access to computers and 
     technology, such as assistance and services to promote the 
     acquisition, installation, and use of information technology 
     in the home through low-cost solutions such as networked 
     computers, web-based television devices, and other 
     technology.

     ``SEC. 3164. AUTHORIZATION OF APPROPRIATIONS.

       ``For purposes of carrying out this subpart, there is 
     authorized to be appropriated $100,000,000 for fiscal year 
     2001 and such sums as may be necessary for each of the 4 
     succeeding fiscal years.''.

     SEC. __. SCHOOL TECHNOLOGY RESOURCE GRANTS.

       Section 3114(a) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6814(a)) is amended by adding at the 
     end the following:
       ``(3) Teacher training in technology.--In addition to any 
     other funds appropriated to carry out subpart 2, there are 
     authorized to be appropriated $127,000,000 to carry out 
     subpart 2 (other than section 3136) for fiscal year 2001 and 
     such sums as may be necessary for each of the 4 succeeding 
     fiscal years. Funds appropriated under this paragraph shall 
     be used to carry out teacher training in technology in 
     accordance with subpart 2 (other than section 3136).''.

     SEC. __. NEW TEACHER TRAINING.

       (a) Grants Authorized.--The Secretary of Education is 
     authorized to award grants, on a competitive basis, to 
     institutions of higher education to enable the institutions 
     to train students entering the teaching workforce to use 
     technology effectively in the classroom.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this subsection $150,000,000 
     for fiscal year 2001 and such sums as may be necessary for 
     each of the 4 succeeding fiscal years.
                                 ______
                                 

                       CONRAD AMENDMENT NO. 4230

  (Ordered to lie on the table.)
  Mr. CONRAD (for himself and Mr. Brownback) submitted an amendment 
intended to be proposed by them to the bill, S. 2045, supra; as 
follows:

       sAt the appropriate place, add the following:

     SEC.  . EXCLUSION OF CERTAIN ``J'' NONIMMIGRANTS FROM 
                   NUMERICAL LIMITATIONS APPLICABLE 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 AMENDMENTS NOS. 4231-4237

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

                           Amendment No. 4231

       At the appropriate place, add the following:

     IMPOSITION OF FEES.

       Section 214(c)(9)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(c)(9)(A) is amended by striking ``(excluding'' 
     and all that follows through ``2001)'' and inserting 
     ``(excluding any employer any that is a primary or secondary 
     education installation, an institution of the higher 
     education, as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)), a nonprofit entity 
     which engages in established curriculum-related clinical 
     training of students registered at any such institution, a 
     nonprofit research organization, or a governmental research 
     organization) filing''.
                                  ____


                           Amendment No. 4232

       At the appropriate place, add the following:

     RECRUITMENT FROM UNDERREPRESENTED MINORITY GROUPS.

       Section 212(n)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1182(n)(1)), as amended by section 202, is further 
     amended by inserting after subparagraph (H) the following:
       ``(I) The employer certifies that the employer--
       ``(i) is taking steps to recruit qualified United States 
     workers who are members of underrepresented minority groups, 
     including--
       ``(I) recruiting at a wide geographical distribution of 
     institutions of higher education, including historically 
     black colleges and universities, other minority institutions, 
     community colleges, and vocational and technical colleges; 
     and
       ``(II) advertising of jobs to publications reaching 
     underrepresented groups of United States workers, including 
     workers older than 35, minority groups, non-English speakers, 
     and disabled veterans, and
       ``(ii) will submit to the Secretary of Labor at the end of 
     each fiscal year in which the employer employs an H-1B worker 
     a report that describes the steps so taken.
       For purposes of this subparagraph, the term `minority' 
     includes individuals who are African-American, Hispanic, 
     Asian, and women.''.
                                  ____


                           Amendment No. 4233

       At the appropriate place, add the following:

     DEPARTMENT OF LABOR SURVEY; REPORT.

       (1) 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.
       (2) 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. 4234

       At the appropriate place, add the following:

     USE OF FEES FOR DUTIES RELATING TO PETITIONS.

       Section 286(s)(5) of the Immigration and Nationality Act (8 
     U.S.C. (s)(5) is amended to read as follows:--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 
     describes 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 11, line 2 is deemed to be ``22 percent''; the figure 
     on page 12, line 25 deemed to be ``4 percent''; and the 
     figure on page 13 line 2 is deemed to be ``2 percent''.
                                  ____


                           Amendment No. 4235

       At the appropriate place, add the following:

     PARTNERSHIP CONSIDERATIONS.

       Consideration in the awarding of grants shall be given to 
     any partnership that involves a labor-management partnership, 
     voluntarily agreed to by labor and management, with the 
     ability to devise and implement a strategy for assessing the 
     employment and training needs of United States workers and 
     obtaining services to meet such needs.
                                  ____


                           Amendment No. 4236

       Notwithstanding any other provisions, section (g)(5) is 
     null and void and the following section shall apply in lieu 
     thereof:
       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 of 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 government 
     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, 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.''.
       Notwithstanding any other provision of this Act, the figure 
     on page 2, line 3 is deemed to be ``200,000''; the figure on 
     page 2, line 4 is deemed to be ``200,000''; and the figure on 
     page 2, line 5 is deemed to be ``200,000''.

[[Page S9505]]

     
                                  ____
                           Amendment No. 4237

       Notwithstanding any other provisions, section (g)(5) is 
     null and void and the following section shall apply in lieu 
     thereof:
       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 
     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, 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.''.
       Notwithstanding any other provision of this Act, the figure 
     on page 2, line 3 is deemed to be ``200,000''; the figure on 
     page 2, line 4 is deemed to be ``200,000''; and the figure on 
     page 2, line 5 is deemed to be ``200,000''.
                                 ______
                                 

                KENNEDY (AND OTHERS) AMENDMENT NO. 4238

  (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, 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 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--

[[Page S9506]]

       ``(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)--
       (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

[[Page S9507]]

     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 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:

``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.
                                 ______
                                 

                        HATCH AMENDMENT NO. 4239

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

       On page 1 of the amendment, line 10, strike ``(vi)'' and 
     insert ``(vii)''.
       On page 2 of the amendment, strike lines 1 through 5 and 
     insert the following:
       (2) by striking clause (iv) and inserting the following:
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002;
       ``(vi) 195,000 in fiscal year 2003; and''.
       On page 2 of the amendment, line 6, strike ``Fiscal Year 
     1999.--'' and insert ``Fiscal Years 1999 and 2000.--''.
       On page 2 of the amendment, line 7, strike 
     ``Notwithstanding'' and insert ``(A) Notwithstanding''.
       On page 2 of the amendment, between lines 17 and 18, insert 
     the following:
       (B) In the case of any alien on behalf of whom a petition 
     for status under section 101(a)(15)(H)(I)(b) is filed before 
     September 1, 2000, and is subsequently approved, that alien 
     shall be counted toward the numerical ceiling for fiscal year 
     2000 notwithstanding the date of the approval of the 
     petition. Notwithstanding section 214(g)(1)(A)(iii) of the 
     Immigration and Nationality Act, the total number of aliens 
     who may be issued visas or otherwise provided nonimmigrant 
     status under section 101(a)(15)(H)(i)(b) of such Act in 
     fiscal year 2000 is increased by a number equal to the number 
     of aliens who may be issued visas or otherwise provided 
     nonimmigrant status who filed a petition during the period 
     beginning on the date on which the limitation in such section 
     214(g)(1)(A)(iii) is reached and ending on August 31, 2000.
       On page 6 of the amendment, strike lines 16 through 18 and 
     insert the following:
       (2) is eligible to be granted that status but for 
     application of the per country limitations applicable to 
     immigrants under those paragraphs,
       On page 7 of the amendment, strike lines 22 through 24 and 
     insert the following:
       ``(C) who, subsequent to such lawful admission, has not 
     been employed without authorization in the United States 
     before the filing of such petition.''.
       On page 9 of the amendment, between lines 3 and 4, insert 
     the following:
       (c) Increased Job Flexibility for Long Delayed Applicants 
     for Adjustment of Status.--
       (1) Section 204 of the Immigration and Nationality Act (8 
     U.S.C. 1154) is amended by adding at the end the following 
     new subsection:
       ``(j) Job Flexibility for Long Delayed Applicants for 
     Adjustment of Status to Permanent Residence.--A petition 
     under subsection (a)(1)(D) for an individual whose 
     application for adjustment of status pursuant to section 245 
     has been filed and remained unadjudicated for 180 days or 
     more shall remain valid with respect to a new job if the 
     individual changes jobs or employers if the new job is in the 
     same or a similar occupational classification as the job for 
     which the petition was filed.''.
       (2) Section 212(a)(5)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding at the end 
     the following new clause:
       ``(iv) Long delayed adjustment applicants.--A certification 
     made under clause (i) with respect to an individual whose 
     petition is covered by section 204(j) shall remain valid with 
     respect to a new job accepted by the individual after the 
     individual changes jobs or employers if the new job is in the 
     same or a similar occupational classification as the job for 
     which the certification was issued.''.
       (d) Recapture of Unused Employment-Based Immigrant Visas.--
       (1) In general.--Notwithstanding any other provision of 
     law, the number of employment-based visas (as defined in 
     paragraph (3)) made available for a fiscal year (beginning 
     with fiscal year 2001) shall be increased by the number 
     described in paragraph (2). Visas made available under this 
     subsection shall only be available in a fiscal year to 
     employment-based immigrants under paragraph (1), (2), or (3) 
     of section 203(b) of the Immigration and Nationality Act.
       (2) Number available.--
       (A) In general.--Subject to subparagraph (B), the number 
     described in this paragraph is the difference between the 
     number of employment-based visas that were made available in 
     fiscal year 1999 and 2000 and the number of such visas that 
     were actually used in such fiscal years.
       (B) Reduction.--The number described in subparagraph (A) 
     shall be reduced, for each fiscal year after fiscal year 
     2001, by the cumulative number of immigrant visas actually 
     used under paragraph (1) for previous fiscal years.
       (C) Construction.--Nothing in this paragraph shall be 
     construed as affecting the application of section 
     201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 
     1151(c)(3)(C)).
       (3) Employment-based visas defined.--For purposes of this 
     subsection, the term ``employment-based visa'' means an 
     immigrant visa which is issued pursuant to the numerical 
     limitation under section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)).

[[Page S9508]]

       On page 12 of the amendment, line 3, strike ``used'' and 
     insert ``use''.
       On page 12 of the amendment, line 21, strike ``this'' and 
     insert ``the''.
       On page 15 of the amendment, beginning on line 18, strike 
     ``All training'' and all that follows through 
     ``demonstrated'' on line 20 and insert the following: ``The 
     need for the training shall be justified''.
       On page 18 of the amendment, line 10, strike ``that are in 
     shortage''.
       On page 18 of the amendment, line 23 and 24, strike ``H-1B 
     skill shortage.'' and insert ``single specialty occupation, 
     as defined in section 214(i) of the Immigration and 
     Nationality Act.''.
       On page 19 of the amendment, strike lines 1 through 6.
       On page 20 of the amendment, line 23, strike ``and''.
       On page 21 of the amendment, line 2, strike the period and 
     insert ``; and''.
       On page 21 of the amendment, between lines 2 and 3, insert 
     the following:
       ``(iii) in the case of an application for a grant under 
     subsection (c)(2)(A)(ii), explain what barriers prevent the 
     strategy from being implemented through a grant made under 
     subsection (c)(2)(A)(i).''.
       On page 21 of the amendment, after line 25, insert the 
     following new section:

     SEC. 12. IMPOSITION OF FEES.

       Section 214(c)(9)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(c)(9)(A)) is amended by striking 
     ``(excluding'' and all that follows through ``2001)'' and 
     inserting ``(excluding any employer that is a primary or 
     secondary education institution, an institution of higher 
     education, as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)), a nonprofit entity 
     related to or affiliated with any such institution, a 
     nonprofit entity which engages in established curriculum-
     related clinical training of students registered at any such 
     institution, a nonprofit research organization, or a 
     governmental research organization) filing''.
       On page 22 of the amendment, line 1, strike ``SEC. 12.''. 
     and insert ``SEC. 13.''.
       On page 27 of the amendment, line 1, strike ``SEC. 13.''. 
     and insert ``SEC. 14.''.
                                 ______
                                 

                   ABRAHAM AMENDMENTS NOS. 4240-4259

  (Ordered to lie on the table.)
  Mr. ABRAHAM submitted 20 amendments intended to be proposed by him to 
the bill, S. 2045, supra; as follows:

                           Amendment No. 4240

       On page 1 of the amendment, line 10, strike ``(vi)'' and 
     insert ``(vii)''.
                                  ____


                           Amendment No. 4241

       On page 2 of the amendment, strike lines 1 through 5 and 
     insert the following:
       (2) by striking clause (iv) and inserting the following:
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002;
       ``(vi) 195,000 in fiscal year 2003; and''.
                                  ____


                           Amendment No. 4242

       On page 2 of the amendment, line 6, strike ``Fiscal Year 
     1999.--'' and insert ``Fiscal Years 1999 and 2000.--''.
                                  ____


                           Amendment No. 4243

       On page 2 of the amendment, line 7, strike 
     ``Notwithstanding'' and insert ``(A) Notwithstanding''.
                                  ____


                           Amendment No. 4244

       On page 2 of the amendment, between lines 17 and 18, insert 
     the following:
       (B) In the case of any alien on behalf of whom a petition 
     for status under section 101(a)(15)(H)(I)(b) is filed before 
     September 1, 2000, and is subsequently approved, that alien 
     shall be counted toward the numerical ceiling for fiscal year 
     2000 notwithstanding the date of the approval of the 
     petition. Notwithstanding section 214(g)(1)(A)(iii) of the 
     Immigration and Nationality Act, the total number of aliens 
     who may be issued visas or otherwise provided nonimmigrant 
     status under section 101(a)(15)(H)(i)(b) of such Act in 
     fiscal year 2000 is increased by a number equal to the number 
     of aliens who may be issued visas or otherwise provided 
     nonimmigrant status who filed a petition during the period 
     beginning on the date on which the limitation in such section 
     214(g)(1)(A)(iii) is reached and ending on August 31, 2000.
                                  ____


                           Amendment No. 4245

       On page 6 of the amendment, strike lines 16 through 18 and 
     insert the following:
       ``(2) is eligible to be granted that status but for 
     application of the per country limitations applicable to 
     immigrants under those paragraphs,''.
                                  ____


                           Amendment No. 4246

       On page 7 of the amendment, strike lines 22 through 24 and 
     insert the following:
       ``(C) who, subsequent to such lawful admission, has not 
     been employed without authorization in the United States 
     before the filing of such petition.''.
                                  ____


                           Amendment No. 4247

       On page 9 of the amendment, between lines 3 and 4, insert 
     the following:
       (c) Increased Job Flexibility for Long Delayed Applicants 
     for Adjustment of Status.--
       (1) Section 204 of the Immigration and Nationality Act (8 
     U.S.C. 1154) is amended by adding at the end the following 
     new subsection:
       ``(j) Job Flexibility for Long Delayed Applicants for 
     Adjustment of Status to Permanent Residence.--A petition 
     under subsection (a)(1)(D) for an individual whose 
     application for adjustment of status pursuant to section 245 
     has been filed and remained unadjudicated for 180 days or 
     more shall remain valid with respect to a new job if the 
     individual changes jobs or employers if the new job is in the 
     same or a similar occupational classification as the job for 
     which the petition was filed.''.
       (2) Section 212(a)(5)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding at the end 
     the following new clause:
       ``(iv) Long delayed adjustment applicants.--A certification 
     made under clause (i) with respect to an individual whose 
     petition is covered by section 204(j) shall remain valid with 
     respect to a new job accepted by the individual after the 
     individual changes jobs or employers if the new job is in the 
     same or a similar occupational classification as the job for 
     which the certification was issued.''.
       (d) Recapture of Unused Employment-Based Immigrant Visas.--
       (1) In general.--Notwithstanding any other provision of 
     law, the number of employment-based visas (as defined in 
     paragraph (3)) made available for a fiscal year (beginning 
     with fiscal year 2001) shall be increased by the number 
     described in paragraph (2). Visas made available under this 
     subsection shall only be available in a fiscal year to 
     employment-based immigrants under paragraph (1), (2), or (3) 
     of section 203(b) of the Immigration and Nationality Act.
       (2) Number available.--
       (A) In general.--Subject to subparagraph (B), the number 
     described in this paragraph is the difference between the 
     number of employment-based visas that were made available in 
     fiscal year 1999 and 2000 and the number of such visas that 
     were actually used in such fiscal years.
       (B) Reduction.--The number described in subparagraph (A) 
     shall be reduced, for each fiscal year after fiscal year 
     2001, by the cumulative number of immigrant visas actually 
     used under paragraph (1) for previous fiscal years.
       (C) Construction.--Nothing in this paragraph shall be 
     construed as affecting the application of section 
     201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 
     1151(c)(3)(C)).
       (3) Employment-based visas defined.--For purposes of this 
     subsection, the term ``employment-based visa'' means an 
     immigrant visa which is issued pursuant to the numerical 
     limitation under section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)).
                                  ____


                           Amendment No. 4248

       On page 12 of the amendment, line 3, strike ``used'' and 
     insert ``use''.
                                  ____


                           Amendment No. 4249

       On page 12 of the amendment, line 21, strike ``this'' and 
     insert ``the''.
                                  ____


                           Amendment No. 4250

       On page 15 of the amendment, beginning on line 18, strike 
     ``All training'' and all that follows through 
     ``demonstrated'' on line 20 and insert the following: ``The 
     need for the training shall be justified''.
                                  ____


                           Amendment No. 4251

       On page 16 of the amendment, line 6, insert ``section 
     116(b) or'' before ``section 117''.
                                  ____


                           Amendment No. 4252

       On page 16 of the amendment, line 20, strike ``; and'' and 
     insert the following: ``: Provided, That the activities of 
     such local or regional public-private partnership described 
     in this subsection shall be conducted in coordination with 
     the activities of the relevant local workforce investment 
     board or boards established under the Workforce Investment 
     Act of 1998 (29 U.S.C. 2832)''.
                                  ____


                           Amendment No. 4253

       On page 18 of the amendment, line 10, strike ``that are in 
     shortage''.
                                  ____


                           Amendment No. 4254

       On page 18 of the amendment, line 23 and 24, strike ``H-1B 
     skill shortage.'' and insert ``single specialty occupation, 
     as defined in section 214(i) of the Immigration and 
     Nationality Act.''.
                                  ____


                           Amendment No. 4255

       On page 19 of the amendment, strike lines 1 through 6.
                                  ____


                           Amendment No. 4256

       On page 20 of the amendment, line 23, strike ``and''.
                                  ____


                           Amendment No. 4257

       On page 21 of the amendment, line 2, strike the period and 
     insert ``; and''.
                                  ____


                           Amendment No. 4258

       On page 21 of the amendment, between lines 2 and 3, insert 
     the following:
       ``(iii) in the case of an application for a grant under 
     subsection (c)(2)(A)(ii), explain what barriers prevent the 
     strategy from being implemented through a grant made under 
     subsection (c)(2)(A)(i).''.

[[Page S9509]]

     
                                  ____
                           Amendment No. 4259

       On page 21 of the amendment, after line 25, insert the 
     following new section:

     SEC. 12. IMPOSITION OF FEES.

       Section 214(c)(9)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(c)(9)(A)) is amended by striking 
     ``(excluding'' and all that follows through ``2001)'' and 
     inserting ``(excluding any employer that is a primary or 
     secondary education institution, an institution of higher 
     education, as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)), a nonprofit entity 
     related to or affiliated with any such institution, a 
     nonprofit entity which engages in established curriculum-
     related clinical training of students registered at any such 
     institution, a nonprofit research organization, or a 
     governmental research organization) filing''.
                                 ______
                                 

                   CLELAND AMENDMENTS NOS. 4260-4261

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

                           Amendment No. 4260

       At the end, add the following:

     SEC. __. IMMIGRANTS TO NEW AMERICANS MODEL PROGRAMS.

       (a) Short Title.--This section may be cited as the 
     ``Immigrants to New Americans Act''.
       (b) Findings.--Congress finds the following:
       (1) In 1997, there were an estimated 25,800,000 foreign-
     born individuals residing in the United States. That number 
     is the largest number of such foreign-born individuals ever 
     in United States history and represents a 6,000,000, or 30 
     percent, increase over the 1990 census figure of 19,800,000 
     of such foreign-born individuals. The Bureau of the Census 
     estimates that the recently arrived immigrant population 
     (including the refugee population) currently residing in the 
     Nation will account for 75 percent of the population growth 
     in the United States over the next 50 years.
       (2) For millions of immigrants settling into the Nation's 
     hamlets, towns, and cities, the dream of ``life, liberty, and 
     the pursuit of happiness'' has become a reality. The wave of 
     immigrants, from various nationalities, who have chosen the 
     United States as their home, has positively influenced the 
     Nation's image and relationship with other nations. The 
     diverse cultural heritage of the Nation's immigrants has 
     helped define the Nation's culture, customs, economy, and 
     communities. By better understanding the people who have 
     immigrated to the Nation, individuals in the United States 
     better understand what it means to be an American.
       (3) There is a critical shortage of teachers with the 
     skills needed to educate immigrant students and their 
     families in nonconcentrated, nontraditional, immigrant 
     communities as well as communities with large immigrant 
     populations. The large influx of immigrant families over the 
     last decade presents a national dilemma: The number of such 
     families with school-age children, requiring assistance to 
     successfully participate in elementary schools, secondary 
     schools, and communities in the United States, is increasing 
     without a corresponding increase in the number of teachers 
     with skills to accommodate their needs.
       (4) Immigrants arriving in communities across the Nation 
     generally settle into high-poverty areas, where funding for 
     programs to provide immigrant students and their families 
     with the services the students and families need to 
     successfully participate in elementary schools, secondary 
     schools, and communities in the United States is inadequate.
       (5) The influx of immigrant families settling into many 
     United States communities is often the result of concerted 
     efforts by local employers who value immigrant labor. Those 
     employers realize that helping immigrants to become 
     productive, prosperous members of a community is beneficial 
     for the local businesses involved, the immigrants, and the 
     community. Further, local businesses benefit from the 
     presence of the immigrant families because the families 
     present businesses with a committed and effective workforce 
     and help to open up new market opportunities. However, many 
     of the communities into which the immigrants have settled 
     need assistance in order to give immigrant students and their 
     families the services the students and families need to 
     successfully participate in elementary schools, secondary 
     schools, and communities, in the United States.
       (c) Purpose.--The purpose of this section is to establish a 
     grant program, within the Department of Education, that 
     provides funding to partnerships of local educational 
     agencies and community-based organizations for the 
     development of model programs to provide to immigrant 
     students and their families the services the students and 
     families need to successfully participate in elementary 
     schools, secondary schools, and communities, in the United 
     States.
       (d) Definitions.--
       (1) Immigrant.--In this section, the term ``immigrant'' has 
     the meaning given the term in section 101 of the Immigration 
     and Nationality Act.
       (2) Other terms.--The terms used in this section have the 
     meanings given the terms in section 14101 of the Elementary 
     and Secondary Education Act of 1965.
       (e) Program Authorized.--
       (1) In general.--The Secretary of Education is authorized 
     to award not more than 10 grants in a fiscal year to eligible 
     partnerships for the design and implementation of model 
     programs to--
       (A) assist immigrant students to achieve in elementary 
     schools and secondary schools in the United States by 
     offering such educational services as English as a second 
     language classes, literacy programs, programs for 
     introduction to the education system, and civics education; 
     and
       (B) assist parents of immigrant students by offering such 
     services as parent education and literacy development 
     services and by coordinating activities with other entities 
     to provide comprehensive community social services such as 
     health care, job training, child care, and transportation 
     services.
       (2) Duration.--Each grant awarded under this section shall 
     be awarded for a period of not more than 5 years. A 
     partnership may use funds made available through the grant 
     for not more than 1 year for planning and program design.
       (f) Applications for Grants.--
       (1) In general.--Each eligible partnership desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may require.
       (2) Eligible partnerships.--To be eligible to receive a 
     grant under this section, a partnership--
       (A) shall include--
       (i) at least 1 local educational agency; and
       (ii) at least 1 community-based organization; and
       (B) may include another entity such as an institution of 
     higher education, a local or State government agency, a 
     private sector entity, or another entity with expertise in 
     working with immigrants.
       (3) Required documentation.--Each application submitted by 
     a partnership under this section for a proposed program shall 
     include documentation that--
       (A) the partnership has the qualified personnel required to 
     develop, administer, and implement the proposed program; and
       (B) the leadership of each participating school has been 
     involved in the development and planning of the program in 
     the school.
       (4) Other application contents.--Each application submitted 
     by a partnership under this section for a proposed program 
     shall include--
       (A) a list of the organizations entering into the 
     partnership;
       (B) a description of the need for the proposed program, 
     including data on the number of immigrant students, and the 
     number of such students with limited English proficiency, in 
     the schools or school districts to be served through the 
     program and the characteristics of the students described in 
     this subparagraph, including--
       (i) the native languages of the students to be served;
       (ii) the proficiency of the students in English and the 
     native languages;
       (iii) achievement data for the students in--

       (I) reading or language arts (in English and in the native 
     languages, if applicable); and
       (II) mathematics; and

       (iv) the previous schooling experiences of the students;
       (C) a description of the goals of the program;
       (D) a description of how the funds made available through 
     the grant will be used to supplement the basic services 
     provided to the immigrant students to be served;
       (E) a description of activities that will be pursued by the 
     partnership through the program, including a description of--
       (i) how parents, students, and other members of the 
     community, including members of private organizations and 
     nonprofit organizations, will be involved in the design and 
     implementation of the program;
       (ii) how the activities will further the academic 
     achievement of immigrant students served through the program;
       (iii) methods of teacher training and parent education that 
     will be used or developed through the program, including the 
     dissemination of information to immigrant parents, that is 
     easily understandable in the language of the parents, about 
     educational programs and the rights of the parents to 
     participate in educational decisions involving their 
     children; and
       (iv) methods of coordinating comprehensive community social 
     services to assist immigrant families;
       (F) a description of how the partnership will evaluate the 
     progress of the partnership in achieving the goals of the 
     program;
       (G) a description of how the local educational agency will 
     disseminate information on model programs, materials, and 
     other information developed under this section that the local 
     educational agency determines to be appropriate for use by 
     other local educational agencies in establishing similar 
     programs to facilitate the educational achievement of 
     immigrant students;
       (H) an assurance that the partnership will annually provide 
     to the Secretary such information as may be required to 
     determine the effectiveness of the program; and
       (I) any other information that the Secretary may require.
       (g) Selection of Grantees.--
       (1) Criteria.--The Secretary, through a peer review 
     process, shall select partnerships to receive grants under 
     this section on the basis of the quality of the programs 
     proposed

[[Page S9510]]

     in the applications submitted under subsection (f), taking 
     into consideration such factors as--
       (A) the extent to which the program proposed in such an 
     application effectively addresses differences in language, 
     culture, and customs;
       (B) the quality of the activities proposed by a 
     partnership;
       (C) the extent of parental, student, and community 
     involvement;
       (D) the extent to which the partnership will ensure the 
     coordination of comprehensive community social services with 
     the program;
       (E) the quality of the plan for measuring and assessing 
     success; and
       (F) the likelihood that the goals of the program will be 
     achieved.
       (2) Geographic distribution of programs.--The Secretary 
     shall approve applications under this section in a manner 
     that ensures, to the extent practicable, that programs 
     assisted under this section serve different areas of the 
     Nation, including urban, suburban, and rural areas, with 
     special attention to areas that are experiencing an influx of 
     immigrant groups (including refugee groups), and that have 
     limited prior experience in serving the immigrant community.
       (h) Evaluation and Program Development.--
       (1) Requirement.--Each partnership receiving a grant under 
     this section shall--
       (A) conduct a comprehensive evaluation of the program 
     assisted under this section, including an evaluation of the 
     impact of the program on students, teachers, administrators, 
     parents, and others; and
       (B) prepare and submit to the Secretary a report containing 
     the results of the evaluation.
       (2) Evaluation report components.--Each evaluation report 
     submitted under this section for a program shall include--
       (A) data on the partnership's progress in achieving the 
     goals of the program;
       (B) data showing the extent to which all students served by 
     the program are meeting the State's student performance 
     standards, including--
       (i) data comparing the students served to other students, 
     with regard to grade retention and academic achievement in 
     reading and language arts, in English and in the native 
     languages of the students if the program develops native 
     language proficiency, and in mathematics; and
       (ii) a description of how the activities carried out 
     through the program are coordinated and integrated with the 
     overall school program of the school in which the program 
     described in this section is carried out, and with other 
     Federal, State, or local programs serving limited English 
     proficient students;
       (C) data showing the extent to which families served by the 
     program have been afforded access to comprehensive community 
     social services; and
       (D) such other information as the Secretary may require.
       (i) Administrative Funds.--A partnership that receives a 
     grant under this section may use not more than 5 percent of 
     the grant funds received under this section for 
     administrative purposes.
       (j) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated $10,000,000 for fiscal year 2001 and such sums 
     as may be necessary for each of the 4 succeeding fiscal 
     years.
                                  ____


                           Amendment No. 4261

       At the end, add the following:

     SEC. __. IMMIGRANTS TO NEW AMERICANS MODEL PROGRAMS.

       (a) Short Title.--This section may be cited as the 
     ``Immigrants to New Americans Act''.
       (b) Findings.--Congress finds the following:
       (1) In 1997, there were an estimated 25,800,000 foreign-
     born individuals residing in the United States. That number 
     is the largest number of such foreign-born individuals ever 
     in United States history and represents a 6,000,000, or 30 
     percent, increase over the 1990 census figure of 19,800,000 
     of such foreign-born individuals. The Bureau of the Census 
     estimates that the recently arrived immigrant population 
     (including the refugee population) currently residing in the 
     Nation will account for 75 percent of the population growth 
     in the United States over the next 50 years.
       (2) For millions of immigrants settling into the Nation's 
     hamlets, towns, and cities, the dream of ``life, liberty, and 
     the pursuit of happiness'' has become a reality. The wave of 
     immigrants, from various nationalities, who have chosen the 
     United States as their home, has positively influenced the 
     Nation's image and relationship with other nations. The 
     diverse cultural heritage of the Nation's immigrants has 
     helped define the Nation's culture, customs, economy, and 
     communities. By better understanding the people who have 
     immigrated to the Nation, individuals in the United States 
     better understand what it means to be an American.
       (3) There is a critical shortage of teachers with the 
     skills needed to educate immigrant students and their 
     families in nonconcentrated, nontraditional, immigrant 
     communities as well as communities with large immigrant 
     populations. The large influx of immigrant families over the 
     last decade presents a national dilemma: The number of such 
     families with school-age children, requiring assistance to 
     successfully participate in elementary schools, secondary 
     schools, and communities in the United States, is increasing 
     without a corresponding increase in the number of teachers 
     with skills to accommodate their needs.
       (4) Immigrants arriving in communities across the Nation 
     generally settle into high-poverty areas, where funding for 
     programs to provide immigrant students and their families 
     with the services the students and families need to 
     successfully participate in elementary schools, secondary 
     schools, and communities in the United States is inadequate.
       (5) The influx of immigrant families settling into many 
     United States communities is often the result of concerted 
     efforts by local employers who value immigrant labor. Those 
     employers realize that helping immigrants to become 
     productive, prosperous members of a community is beneficial 
     for the local businesses involved, the immigrants, and the 
     community. Further, local businesses benefit from the 
     presence of the immigrant families because the families 
     present businesses with a committed and effective workforce 
     and help to open up new market opportunities. However, many 
     of the communities into which the immigrants have settled 
     need assistance in order to give immigrant students and their 
     families the services the students and families need to 
     successfully participate in elementary schools, secondary 
     schools, and communities, in the United States.
       (c) Purpose.--The purpose of this section is to establish a 
     grant program, within the Department of Education, that 
     provides funding to partnerships of local educational 
     agencies and community-based organizations for the 
     development of model programs to provide to immigrant 
     students and their families the services the students and 
     families need to successfully participate in elementary 
     schools, secondary schools, and communities, in the United 
     States.
       (d) Definitions.--
       (1) Immigrant.--In this section, the term ``immigrant'' has 
     the meaning given the term in section 101 of the Immigration 
     and Nationality Act.
       (2) Other terms.--The terms used in this section have the 
     meanings given the terms in section 14101 of the Elementary 
     and Secondary Education Act of 1965.
       (e) Program Authorized.--
       (1) In general.--The Secretary of Education is authorized 
     to award not more than 10 grants in a fiscal year to eligible 
     partnerships for the design and implementation of model 
     programs to--
       (A) assist immigrant students to achieve in elementary 
     schools and secondary schools in the United States by 
     offering such educational services as English as a second 
     language classes, literacy programs, programs for 
     introduction to the education system, and civics education; 
     and
       (B) assist parents of immigrant students by offering such 
     services as parent education and literacy development 
     services and by coordinating activities with other entities 
     to provide comprehensive community social services such as 
     health care, job training, child care, and transportation 
     services.
       (2) Duration.--Each grant awarded under this section shall 
     be awarded for a period of not more than 5 years. A 
     partnership may use funds made available through the grant 
     for not more than 1 year for planning and program design.
       (f) Applications for Grants.--
       (1) In general.--Each eligible partnership desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may require.
       (2) Eligible partnerships.--To be eligible to receive a 
     grant under this section, a partnership--
       (A) shall include--
       (i) at least 1 local educational agency; and
       (ii) at least 1 community-based organization; and
       (B) may include another entity such as an institution of 
     higher education, a local or State government agency, a 
     private sector entity, or another entity with expertise in 
     working with immigrants.
       (3) Required documentation.--Each application submitted by 
     a partnership under this section for a proposed program shall 
     include documentation that--
       (A) the partnership has the qualified personnel required to 
     develop, administer, and implement the proposed program; and
       (B) the leadership of each participating school has been 
     involved in the development and planning of the program in 
     the school.
       (4) Other application contents.--Each application submitted 
     by a partnership under this section for a proposed program 
     shall include--
       (A) a list of the organizations entering into the 
     partnership;
       (B) a description of the need for the proposed program, 
     including data on the number of immigrant students, and the 
     number of such students with limited English proficiency, in 
     the schools or school districts to be served through the 
     program and the characteristics of the students described in 
     this subparagraph, including--
       (i) the native languages of the students to be served;
       (ii) the proficiency of the students in English and the 
     native languages;
       (iii) achievement data for the students in--

       (I) reading or language arts (in English and in the native 
     languages, if applicable); and

[[Page S9511]]

       (II) mathematics; and

       (iv) the previous schooling experiences of the students;
       (C) a description of the goals of the program;
       (D) a description of how the funds made available through 
     the grant will be used to supplement the basic services 
     provided to the immigrant students to be served;
       (E) a description of activities that will be pursued by the 
     partnership through the program, including a description of--
       (i) how parents, students, and other members of the 
     community, including members of private organizations and 
     nonprofit organizations, will be involved in the design and 
     implementation of the program;
       (ii) how the activities will further the academic 
     achievement of immigrant students served through the program;
       (iii) methods of teacher training and parent education that 
     will be used or developed through the program, including the 
     dissemination of information to immigrant parents, that is 
     easily understandable in the language of the parents, about 
     educational programs and the rights of the parents to 
     participate in educational decisions involving their 
     children; and
       (iv) methods of coordinating comprehensive community social 
     services to assist immigrant families;
       (F) a description of how the partnership will evaluate the 
     progress of the partnership in achieving the goals of the 
     program;
       (G) a description of how the local educational agency will 
     disseminate information on model programs, materials, and 
     other information developed under this section that the local 
     educational agency determines to be appropriate for use by 
     other local educational agencies in establishing similar 
     programs to facilitate the educational achievement of 
     immigrant students;
       (H) an assurance that the partnership will annually provide 
     to the Secretary such information as may be required to 
     determine the effectiveness of the program; and
       (I) any other information that the Secretary may require.
       (g) Selection of Grantees.--
       (1) Criteria.--The Secretary, through a peer review 
     process, shall select partnerships to receive grants under 
     this section on the basis of the quality of the programs 
     proposed in the applications submitted under subsection (f), 
     taking into consideration such factors as--
       (A) the extent to which the program proposed in such an 
     application effectively addresses differences in language, 
     culture, and customs;
       (B) the quality of the activities proposed by a 
     partnership;
       (C) the extent of parental, student, and community 
     involvement;
       (D) the extent to which the partnership will ensure the 
     coordination of comprehensive community social services with 
     the program;
       (E) the quality of the plan for measuring and assessing 
     success; and
       (F) the likelihood that the goals of the program will be 
     achieved.
       (2) Geographic distribution of programs.--The Secretary 
     shall approve applications under this section in a manner 
     that ensures, to the extent practicable, that programs 
     assisted under this section serve different areas of the 
     Nation, including urban, suburban, and rural areas, with 
     special attention to areas that are experiencing an influx of 
     immigrant groups (including refugee groups), and that have 
     limited prior experience in serving the immigrant community.
       (h) Evaluation and Program Development.--
       (1) Requirement.--Each partnership receiving a grant under 
     this section shall--
       (A) conduct a comprehensive evaluation of the program 
     assisted under this section, including an evaluation of the 
     impact of the program on students, teachers, administrators, 
     parents, and others; and
       (B) prepare and submit to the Secretary a report containing 
     the results of the evaluation.
       (2) Evaluation report components.--Each evaluation report 
     submitted under this section for a program shall include--
       (A) data on the partnership's progress in achieving the 
     goals of the program;
       (B) data showing the extent to which all students served by 
     the program are meeting the State's student performance 
     standards, including--
       (i) data comparing the students served to other students, 
     with regard to grade retention and academic achievement in 
     reading and language arts, in English and in the native 
     languages of the students if the program develops native 
     language proficiency, and in mathematics; and
       (ii) a description of how the activities carried out 
     through the program are coordinated and integrated with the 
     overall school program of the school in which the program 
     described in this section is carried out, and with other 
     Federal, State, or local programs serving limited English 
     proficient students;
       (C) data showing the extent to which families served by the 
     program have been afforded access to comprehensive community 
     social services; and
       (D) such other information as the Secretary may require.
       (i) Administrative Funds.--A partnership that receives a 
     grant under this section may use not more than 5 percent of 
     the grant funds received under this section for 
     administrative purposes.
       (j) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated $10,000,000 for fiscal year 2001 and such sums 
     as may be necessary for each of the 4 succeeding fiscal 
     years.
                                 ______
                                 

                      FEINGOLD AMENDMENT NO. 4262

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

       At the end of the substitute, add the following:

     SECTION 12. TRAFFIC STOPS STATISTICS STUDY.

       (a) Short Title.--This section may be cited as the 
     ``Traffic Stops Statistics Study Act of 2000''.
       (b) Study.--
       (1) In general.--The Attorney General shall conduct a 
     nationwide study of stops for traffic violations by law 
     enforcement officers.
       (2) Initial analysis.--The Attorney General shall perform 
     an initial analysis of existing data, including complaints 
     alleging and other information concerning traffic stops 
     motivated by race and other bias.
       (3) Data collection.--After completion of the initial 
     analysis under paragraph (2), the Attorney General shall then 
     gather the following data on traffic stops from a nationwide 
     sample of jurisdictions, including jurisdictions identified 
     in the initial analysis:
       (A) The traffic infraction alleged to have been committed 
     that led to the stop.
       (B) Identifying characteristics of the driver stopped, 
     including the race, gender, ethnicity, and approximate age of 
     the driver.
       (C) Whether immigration status was questioned, immigration 
     documents were requested, or an inquiry was made to the 
     Immigration and Naturalization Service with regard to any 
     person in the vehicle.
       (D) The number of individuals in the stopped vehicle.
       (E) Whether a search was instituted as a result of the stop 
     and whether consent was requested for the search.
       (F) Any alleged criminal behavior by the driver that 
     justified the search.
       (G) Any items seized, including contraband or money.
       (H) Whether any warning or citation was issued as a result 
     of the stop.
       (I) Whether an arrest was made as a result of either the 
     stop or the search and the justification for the arrest.
       (J) The duration of the stop.
       (c) Reporting.--Not later than 120 days after the date of 
     enactment of this Act, the Attorney General shall report the 
     results of its initial analysis to Congress, and make such 
     report available to the public, and identify the 
     jurisdictions for which the study is to be conducted. Not 
     later than 2 years after the date of the enactment of this 
     Act, the Attorney General shall report the results of the 
     data collected under this Act to Congress, a copy of which 
     shall also be published in the Federal Register.
       (d) Grant Program.--In order to complete the study 
     described in subsection (b), the Attorney General may provide 
     grants to law enforcement agencies to collect and submit the 
     data described in subsection (b) to the appropriate agency as 
     designated by the Attorney General.
       (e) Limitation on Use of Data.--Information released 
     pursuant to this section shall not reveal the identity of any 
     individual who is stopped or any law enforcement officer 
     involved in a traffic stop.
       (f) Definitions.--For purposes of this section:
       (1) Law enforcement agency.--The term ``law enforcement 
     agency'' means an agency of a State or political subdivision 
     of a State, authorized by law or by a Federal, State, or 
     local government agency to engage in or supervise the 
     prevention, detection, or investigation of violations of 
     criminal laws, or a federally recognized Indian tribe.
       (2) Indian tribe.--The term ``Indian tribe'' means any 
     Indian or Alaska Native tribe, band, nation, pueblo, village, 
     or community that the Secretary of the Interior acknowledges 
     to exist as an Indian tribe.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 

                      FEINGOLD AMENDMENT NO. 4263

  (Ordered to lie on the table.)
  Mr. FEINGOLD submitted an amendment intended to be proposed by him to 
the amendment No. 4177 proposed by Mr. Lott to the bill, S. 2045, 
supra; as follows:

       At the end of the matter proposed to be inserted, add the 
     following:

     SECTION 12. TRAFFIC STOPS STATISTICS STUDY.

       (a) Short Title.--This section may be cited as the 
     ``Traffic Stops Statistics Study Act of 2000''.
       (b) Study.--
       (1) In general.--The Attorney General shall conduct a 
     nationwide study of stops for traffic violations by law 
     enforcement officers.
       (2) Initial analysis.--The Attorney General shall perform 
     an initial analysis of existing data, including complaints 
     alleging and other information concerning traffic stops 
     motivated by race and other bias.
       (3) Data collection.--After completion of the initial 
     analysis under paragraph (2), the

[[Page S9512]]

     Attorney General shall then gather the following data on 
     traffic stops from a nationwide sample of jurisdictions, 
     including jurisdictions identified in the initial analysis:
       (A) The traffic infraction alleged to have been committed 
     that led to the stop.
       (B) Identifying characteristics of the driver stopped, 
     including the race, gender, ethnicity, and approximate age of 
     the driver.
       (C) Whether immigration status was questioned, immigration 
     documents were requested, or an inquiry was made to the 
     Immigration and Naturalization Service with regard to any 
     person in the vehicle.
       (D) The number of individuals in the stopped vehicle.
       (E) Whether a search was instituted as a result of the stop 
     and whether consent was requested for the search.
       (F) Any alleged criminal behavior by the driver that 
     justified the search.
       (G) Any items seized, including contraband or money.
       (H) Whether any warning or citation was issued as a result 
     of the stop.
       (I) Whether an arrest was made as a result of either the 
     stop or the search and the justification for the arrest.
       (J) The duration of the stop.
       (c) Reporting.--Not later than 120 days after the date of 
     enactment of this Act, the Attorney General shall report the 
     results of its initial analysis to Congress, and make such 
     report available to the public, and identify the 
     jurisdictions for which the study is to be conducted. Not 
     later than 2 years after the date of the enactment of this 
     Act, the Attorney General shall report the results of the 
     data collected under this Act to Congress, a copy of which 
     shall also be published in the Federal Register.
       (d) Grant Program.--In order to complete the study 
     described in subsection (b), the Attorney General may provide 
     grants to law enforcement agencies to collect and submit the 
     data described in subsection (b) to the appropriate agency as 
     designated by the Attorney General.
       (e) Limitation on Use of Data.--Information released 
     pursuant to this section shall not reveal the identity of any 
     individual who is stopped or any law enforcement officer 
     involved in a traffic stop.
       (f) Definitions.--For purposes of this section:
       (1) Law enforcement agency.--The term ``law enforcement 
     agency'' means an agency of a State or political subdivision 
     of a State, authorized by law or by a Federal, State, or 
     local government agency to engage in or supervise the 
     prevention, detection, or investigation of violations of 
     criminal laws, or a federally recognized Indian tribe.
       (2) Indian tribe.--The term ``Indian tribe'' means any 
     Indian or Alaska Native tribe, band, nation, pueblo, village, 
     or community that the Secretary of the Interior acknowledges 
     to exist as an Indian tribe.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 

                      HUTCHISON AMENDMENT NO. 4264

  (Ordered to lie on the table.)
  Mrs. HUTCHISON submitted an amendment intended to be proposed by her 
to the bill, S. 2045, supra; as follows:

       At the appropriate place, insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the `International Patient Act of 
     2000'.

     SEC. 2. THREE-YEAR PILOT PROGRAM TO EXTEND VOLUNTARY 
                   DEPARTURE PERIOD FOR CERTAIN NONIMMIGRANT 
                   ALIENS REQUIRING MEDICAL TREATMENT WHO WERE 
                   ADMITTED UNDER VISA WAIVER PILOT PROGRAM.

       Section 240B(a)(2) of the Immigration and Nationality Act 
     (8 U.S.C. 1229c(a)(2)) is amended to read as follows:
       ``(2) Period.--
       ``(A) In general.--Subject to subparagraph (B), permission 
     to depart voluntarily under this subsection shall not be 
     valid for a period exceeding 120 days.
       ``(B) 3-Year pilot program waiver.--During the period 
     October 1, 2000, through September 30, 2003, and subject to 
     subparagraphs (C) and (D)(ii), the Attorney General may, in 
     the discretion of the Attorney General for humanitarian 
     purposes, waive application of subparagraph (A) in the case 
     of an alien--
       ``(i) who was admitted to the United States as a 
     nonimmigrant visitor (described in section 101(a)(15)(B)) 
     under the provisions of the visa waiver pilot program 
     established pursuant to section 217, seeks the waiver for the 
     purpose of continuing to receive medical treatment in the 
     United States from a physician associated with a health care 
     facility, and submits to the Attorney General--
       ``(I) a detailed diagnosis statement from the physician, 
     which includes the treatment being sought and the expected 
     time period the alien will be required to remain in the 
     United States;
       ``(II) a statement from the health care facility containing 
     an assurance that the alien's treatment is not being paid 
     through any Federal or State public health assistance, that 
     the alien's account has no outstanding balance, and that such 
     facility will notify the Service when the alien is released 
     or treatment is terminated; and
       ``(III) evidence of financial ability to support the 
     alien's day-to-day expenses while in the United States 
     (including the expenses of any family member described in 
     clause (ii)) and evidence that any such alien or family 
     member is not receiving any form of public assistance; or
       ``(ii) who--
       ``(I) is a spouse, parent, brother, sister, son, daughter, 
     or other family member of a principal alien described in 
     clause (i); and
       ``(II) entered the United States accompanying, and with the 
     same status as, such principal alien.
       ``(C) WAIVER LIMITATIONS--
       ``(i) Waivers under subparagraph (B) may be granted only 
     upon a request submitted by a Service district office to 
     Service headquarters.
       ``(ii) Not more than 300 waivers may be granted for any 
     fiscal year for a principal alien under subparagraph (B)(i).
       ``(iii)(I) Except as provided in subclause (II), in the 
     case of each principal alien described in subparagraph (B)(i) 
     not more than one audit may be granted a waiver under 
     subparagraph (B)(ii).
       ``(II) Not more than two adults may be granted a waiver 
     under subparagraph (B)(ii) in a case in which--
       ``(aa) the principal alien described in subparagraph (B)(i) 
     is a dependent under the age of 18; or
       ``(bb) one such adult is age 55 or older or is physically 
     handicapped.
       ``(D) REPORT TO CONGRESS; SUSPENSION OF WAIVER AUTHORITY--
       ``(i) Not later than March 30 of each year, the 
     Commissioner shall submit to the Congress an annual report 
     regarding all waivers granted under subparagraph (B) during 
     the preceding fiscal year.
       ``(ii) Notwithstanding any other provision of law, the 
     authority of the Attorney General under subparagraph (B) 
     shall be suspended during any period in which an annual 
     report under clause (i) is past due and has not been 
     submitted.''.
                                 ______
                                 

                  FEINSTEIN AMENDMENTS NOS. 4265-4266

  (Ordered to lie on the table.)
  Mr. DASCHLE (for Mrs. Feinstein) submitted two amendments intended to 
be proposed by her to the bill, S. 2045, supra; as follows:

                           Amendment No. 4265

       At the appropriate place, insert the following:

     TITLE II--IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Immigration Services and 
     Infrastructure Improvements Act of 2000''.

     SEC. 202. CONGRESSIONAL FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Applications for naturalization have increased 
     dramatically in recent years, outpacing the Immigration and 
     Naturalization Service's ability to process them.
       (2) The dramatic increase in applications for 
     naturalization and the inability of the Immigration and 
     Naturalization Service to deal with them adequately has 
     resulted in an unacceptably large backlog in naturalization 
     adjudications.
       (3) The processing times in the Immigration and 
     Naturalization Service's other immigration benefits have been 
     unacceptably long. Applicants for family- and employment-
     based visas are waiting as long as 3 to 4 years to obtain a 
     visa or an adjustment to lawful permanent resident status.
       (4) In California, the delays in processing adjustment of 
     status applications have averaged 52 months. In Texas, the 
     delays have averaged 69 months. Residents of New York have 
     had to wait up to 28 months; in Florida, 26 months; in 
     Illinois, 37 months; in Oregon, 31 months; and in Arizona, 49 
     months. Most other States have experienced unacceptably long 
     processing and adjudication delays.
       (5) Applicants pay fees to have their applications 
     adjudicated in a timely manner. These fees have increased 
     dramatically in recent years without a commensurate increase 
     in the capability of that Immigration and Naturalization 
     Service to process and adjudicate these cases in an efficient 
     manner.
       (6) Processing these applications in a timely fashion is 
     critical. Each 12-month delay in adjudicating an adjustment 
     of status application requires the alien to file applications 
     to extend employment authorization to work and advance parole 
     documents to travel.
       (7) The enormous delays in processing applications for 
     families and businesses have had a negative impact on the 
     reunification of spouses and minor children and the ability 
     of law-abiding and contributing members of our communities to 
     participate fully in the civic life of the United States.
       (8) United States employers have also experienced 
     debilitating delays in hiring employees who contribute to the 
     economic growth of the United States. These delays have 
     forced employers to send highly skilled and valued employees 
     out of the United States because their immigrant petitions 
     were not approved in a timely fashion. Such disruptions 
     seriously threaten the competitive edge of the United States 
     in the global marketplace.
       (b) Purposes.--The purposes of this title are to--
       (1) provide the Immigration and Naturalization Service with 
     the mechanisms it

[[Page S9513]]

     needs to eliminate the current backlog in the processing of 
     immigration benefit applications within 1 year after 
     enactment of this Act and to maintain the elimination of the 
     backlog in future years; and
       (2) provide for regular congressional oversight of the 
     performance of the Immigration and Naturalization Service in 
     eliminating the backlog and processing delays in immigration 
     benefits adjudications.
       (c) Policy.--It is the sense of Congress that the 
     processing of an immigration benefit application should be 
     completed not later than 180 days after the initial filing of 
     the application, except that a petition for a nonimmigrant 
     visa under section 214(c) of the Immigration and Nationality 
     Act should be processed not later than 30 days after the 
     filing of the petition.

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Backlog.--The term ``backlog'' means, with respect to 
     an immigration benefit application, the period of time in 
     excess of 180 days that such application has been pending 
     before the Immigration and Naturalization Service.
       (2) Immigration benefit application.--The term 
     ``immigration benefit application'' means any application or 
     petition to confer, certify, change, adjust, or extend any 
     status granted under the Immigration and Nationality Act.

     SEC. 204. IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENT 
                   ACCOUNT.

       (a) Authority of the Attorney General.--The Attorney 
     General shall take such measures as may be necessary to--
       (1) reduce the backlog in the processing of immigration 
     benefit applications, with the objective of the total 
     elimination of the backlog not later than one year after the 
     date of enactment of this Act;
       (2) make such other improvements in the processing of 
     immigration benefit applications as may be necessary to 
     ensure that a backlog does not develop after such date; and
       (3) make such improvements in infrastructure as may be 
     necessary to effectively provide immigration services.
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Department of Justice from time to time such sums as may 
     be necessary for the Attorney General to carry out subsection 
     (a).
       (2) Designation of account in treasury.--Amounts 
     appropriated pursuant to paragraph (1) may be referred to as 
     the ``Immigration Services and Infrastructure Improvements 
     Account''.
       (3) Availability of funds.--Amounts appropriated pursuant 
     to paragraph (1) are authorized to remain available until 
     expended.
       (4) Limitation on expenditures.--None of the funds 
     appropriated pursuant to paragraph (1) may be expended until 
     the report described in section 205(a) has been submitted to 
     Congress.

     SEC. 205. REPORTS TO CONGRESS.

       (a) Backlog Elimination Plan.--
       (1) Report required.--Not later than 90 days after the date 
     of enactment of this Act, the Attorney General shall submit a 
     report to the Committees on the Judiciary and Appropriations 
     of the Senate and the House of Representatives concerning--
       (A) the backlogs in immigration benefit applications in 
     existence as of the date of enactment of this title; and
       (B) the Attorney General's plan for eliminating such 
     backlogs.
       (2) Report elements.--The report shall include--
       (A) an assessment of the data systems used in adjudicating 
     and reporting on the status of immigration benefit 
     applications, including--
       (i) a description of the adequacy of existing computer 
     hardware, computer software, and other mechanisms to comply 
     with the adjudications and reporting requirements of this 
     title; and
       (ii) a plan for implementing improvements to existing data 
     systems to accomplish the purpose of this title, as described 
     in section 202(b);
       (B) a description of the quality controls to be put into 
     force to ensure timely, fair, accurate, and complete 
     processing and adjudication of such applications;
       (C) the elements specified in subsection (b)(2);
       (D) an estimate of the amount of appropriated funds that 
     would be necessary in order to eliminate the backlogs in each 
     category of immigration benefit applications described in 
     subsection (b)(2); and
       (E) a detailed plan on how the Attorney General will use 
     any funds in the Immigration Services and Infrastructure 
     Improvements Account to comply with the purposes of this 
     title.
       (b) Annual Reports.--
       (1) In general.--Beginning 90 days after the end of the 
     first fiscal year for which any appropriation authorized by 
     section 204(b) is made, and 90 days after the end of each 
     fiscal year thereafter, the Attorney General shall submit a 
     report to the Committees on the Judiciary and Appropriations 
     of the Senate and the House of Representatives concerning the 
     status of--
       (A) the Immigration Services and Infrastructure 
     Improvements Account including any unobligated balances of 
     appropriations in the Account; and
       (B) the Attorney General's efforts to eliminate backlogs in 
     any immigration benefit application described in paragraph 
     (2).
       (2) Report elements.--The report shall include--
       (A) State-by-State data on--
       (i) the number of naturalization cases adjudicated in each 
     quarter of each fiscal year;
       (ii) the average processing time for naturalization 
     applications;
       (iii) the number of naturalization applications pending for 
     up to 6 months, 12 months, 18 months, 24 months, 36 months, 
     and 48 months or more;
       (iv) estimated processing times adjudicating newly 
     submitted naturalization applications;
       (v) an analysis of the appropriate processing times for 
     naturalization applications; and
       (vi) the additional resources and process changes needed to 
     eliminate the backlog for naturalization adjudications;
       (B) the status of applications or, where applicable, 
     petitions described in subparagraph (C), by Immigration and 
     Naturalization Service district, including--
       (i) the number of cases adjudicated in each quarter of each 
     fiscal year;
       (ii) the average processing time for such applications or 
     petitions;
       (iii) the number of applications or petitions pending for 
     up to 6 months, 12 months, 18 months, 24 months, 36 months, 
     and 48 months or more;
       (iv) the estimated processing times adjudicating newly 
     submitted applications or petitions;
       (v) an analysis of the appropriate processing times for 
     applications or petitions; and
       (vi) a description of the additional resources and process 
     changes needed to eliminate the backlog for such processing 
     and adjudications; and
       (C) a status report on--
       (i) applications for adjustments of status to that of an 
     alien lawfully admitted for permanent residence;
       (ii) petitions for nonimmigrant visas under section 214 of 
     the Immigration and Nationality Act;
       (iii) petitions filed under section 204 of such Act to 
     classify aliens as immediate relatives or preference 
     immigrants under section 203 of such Act;
       (iv) applications for asylum under section 208 of such Act;
       (v) registrations for Temporary Protected Status under 
     section 244 of such Act; and
       (vi) a description of the additional resources and process 
     changes needed to eliminate the backlog for such processing 
     and adjudications.
       (3) Absence of appropriated funds.--In the event that no 
     funds are appropriated subject to section 204(b) in the 
     fiscal year in which this Act is enacted, the Attorney 
     General shall submit a report to Congress not later than 90 
     days after the end of such fiscal year, and each fiscal year 
     thereafter, containing the elements described in paragraph 
     (2).
                                  ____


                           Amendment No. 4266

       At the appropriate place, insert the following:

     TITLE II--IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Immigration Services and 
     Infrastructure Improvements Act of 2000''.

     SEC. 202. CONGRESSIONAL FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Applications for naturalization have increased 
     dramatically in recent years, outpacing the Immigration and 
     Naturalization Service's ability to process them.
       (2) The dramatic increase in applications for 
     naturalization and the inability of the Immigration and 
     Naturalization Service to deal with them adequately has 
     resulted in an unacceptably large backlog in naturalization 
     adjudications.
       (3) The processing times in the Immigration and 
     Naturalization Service's other immigration benefits have been 
     unacceptably long. Applicants for family- and employment-
     based visas are waiting as long as 3 to 4 years to obtain a 
     visa or an adjustment to lawful permanent resident status.
       (4) In California, the delays in processing adjustment of 
     status applications have averaged 52 months. In Texas, the 
     delays have averaged 69 months. Residents of New York have 
     had to wait up to 28 months; in Florida, 26 months; in 
     Illinois, 37 months; in Oregon, 31 months; and in Arizona, 49 
     months. Most other States have experienced unacceptably long 
     processing and adjudication delays.
       (5) Applicants pay fees to have their applications 
     adjudicated in a timely manner. These fees have increased 
     dramatically in recent years without a commensurate increase 
     in the capability of that Immigration and Naturalization 
     Service to process and adjudicate these cases in an efficient 
     manner.
       (6) Processing these applications in a timely fashion is 
     critical. Each 12-month delay in adjudicating an adjustment 
     of status application requires the alien to file applications 
     to extend employment authorization to work and advance parole 
     documents to travel.
       (7) The enormous delays in processing applications for 
     families and businesses have had a negative impact on the 
     reunification of spouses and minor children and the ability 
     of law-abiding and contributing members of our communities to 
     participate fully in the civic life of the United States.

[[Page S9514]]

       (8) United States employers have also experienced 
     debilitating delays in hiring employees who contribute to the 
     economic growth of the United States. These delays have 
     forced employers to send highly skilled and valued employees 
     out of the United States because their immigrant petitions 
     were not approved in a timely fashion. Such disruptions 
     seriously threaten the competitive edge of the United States 
     in the global marketplace.
       (b) Purposes.--The purposes of this title are to--
       (1) provide the Immigration and Naturalization Service with 
     the mechanisms it needs to eliminate the current backlog in 
     the processing of immigration benefit applications within 1 
     year after enactment of this Act and to maintain the 
     elimination of the backlog in future years; and
       (2) provide for regular congressional oversight of the 
     performance of the Immigration and Naturalization Service in 
     eliminating the backlog and processing delays in immigration 
     benefits adjudications.
       (c) Policy.--It is the sense of Congress that the 
     processing of an immigration benefit application should be 
     completed not later than 180 days after the initial filing of 
     the application, except that a petition for a nonimmigrant 
     visa under section 214(c) of the Immigration and Nationality 
     Act should be processed not later than 30 days after the 
     filing of the petition.

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Backlog.--The term ``backlog'' means, with respect to 
     an immigration benefit application, the period of time in 
     excess of 180 days that such application has been pending 
     before the Immigration and Naturalization Service.
       (2) Immigration benefit application.--The term 
     ``immigration benefit application'' means any application or 
     petition to confer, certify, change, adjust, or extend any 
     status granted under the Immigration and Nationality Act.

     SEC. 204. IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENT 
                   ACCOUNT.

       (a) Authority of the Attorney General.--The Attorney 
     General shall take such measures as may be necessary to--
       (1) reduce the backlog in the processing of immigration 
     benefit applications, with the objective of the total 
     elimination of the backlog not later than one year after the 
     date of enactment of this Act;
       (2) make such other improvements in the processing of 
     immigration benefit applications as may be necessary to 
     ensure that a backlog does not develop after such date; and
       (3) make such improvements in infrastructure as may be 
     necessary to effectively provide immigration services.
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Department of Justice from time to time such sums as may 
     be necessary for the Attorney General to carry out subsection 
     (a).
       (2) Designation of account in treasury.--Amounts 
     appropriated pursuant to paragraph (1) may be referred to as 
     the ``Immigration Services and Infrastructure Improvements 
     Account''.
       (3) Availability of funds.--Amounts appropriated pursuant 
     to paragraph (1) are authorized to remain available until 
     expended.
       (4) Limitation on expenditures.--None of the funds 
     appropriated pursuant to paragraph (1) may be expended until 
     the report described in section 205(a) has been submitted to 
     Congress.

     SEC. 205. REPORTS TO CONGRESS.

       (a) Backlog Elimination Plan.--
       (1) Report required.--Not later than 90 days after the date 
     of enactment of this Act, the Attorney General shall submit a 
     report to the Committees on the Judiciary and Appropriations 
     of the Senate and the House of Representatives concerning--
       (A) the backlogs in immigration benefit applications in 
     existence as of the date of enactment of this title; and
       (B) the Attorney General's plan for eliminating such 
     backlogs.
       (2) Report elements.--The report shall include--
       (A) an assessment of the data systems used in adjudicating 
     and reporting on the status of immigration benefit 
     applications, including--
       (i) a description of the adequacy of existing computer 
     hardware, computer software, and other mechanisms to comply 
     with the adjudications and reporting requirements of this 
     title; and
       (ii) a plan for implementing improvements to existing data 
     systems to accomplish the purpose of this title, as described 
     in section 202(b);
       (B) a description of the quality controls to be put into 
     force to ensure timely, fair, accurate, and complete 
     processing and adjudication of such applications;
       (C) the elements specified in subsection (b)(2);
       (D) an estimate of the amount of appropriated funds that 
     would be necessary in order to eliminate the backlogs in each 
     category of immigration benefit applications described in 
     subsection (b)(2); and
       (E) a detailed plan on how the Attorney General will use 
     any funds in the Immigration Services and Infrastructure 
     Improvements Account to comply with the purposes of this 
     title.
       (b) Annual Reports.--
       (1) In general.--Beginning 90 days after the end of the 
     first fiscal year for which any appropriation authorized by 
     section 204(b) is made, and 90 days after the end of each 
     fiscal year thereafter, the Attorney General shall submit a 
     report to the Committees on the Judiciary and Appropriations 
     of the Senate and the House of Representatives concerning the 
     status of--
       (A) the Immigration Services and Infrastructure 
     Improvements Account including any unobligated balances of 
     appropriations in the Account; and
       (B) the Attorney General's efforts to eliminate backlogs in 
     any immigration benefit application described in paragraph 
     (2).
       (2) Report elements.--The report shall include--
       (A) State-by-State data on--
       (i) the number of naturalization cases adjudicated in each 
     quarter of each fiscal year;
       (ii) the average processing time for naturalization 
     applications;
       (iii) the number of naturalization applications pending for 
     up to 6 months, 12 months, 18 months, 24 months, 36 months, 
     and 48 months or more;
       (iv) estimated processing times adjudicating newly 
     submitted naturalization applications;
       (v) an analysis of the appropriate processing times for 
     naturalization applications; and
       (vi) the additional resources and process changes needed to 
     eliminate the backlog for naturalization adjudications;
       (B) the status of applications or, where applicable, 
     petitions described in subparagraph (C), by Immigration and 
     Naturalization Service district, including--
       (i) the number of cases adjudicated in each quarter of each 
     fiscal year;
       (ii) the average processing time for such applications or 
     petitions;
       (iii) the number of applications or petitions pending for 
     up to 6 months, 12 months, 18 months, 24 months, 36 months, 
     and 48 months or more;
       (iv) the estimated processing times adjudicating newly 
     submitted applications or petitions;
       (v) an analysis of the appropriate processing times for 
     applications or petitions; and
       (vi) a description of the additional resources and process 
     changes needed to eliminate the backlog for such processing 
     and adjudications; and
       (C) a status report on--
       (i) applications for adjustments of status to that of an 
     alien lawfully admitted for permanent residence;
       (ii) petitions for nonimmigrant visas under section 214 of 
     the Immigration and Nationality Act;
       (iii) petitions filed under section 204 of such Act to 
     classify aliens as immediate relatives or preference 
     immigrants under section 203 of such Act;
       (iv) applications for asylum under section 208 of such Act;
       (v) registrations for Temporary Protected Status under 
     section 244 of such Act; and
       (vi) a description of the additional resources and process 
     changes needed to eliminate the backlog for such processing 
     and adjudications.
       (3) Absence of appropriated funds.--In the event that no 
     funds are appropriated subject to section 204(b) in the 
     fiscal year in which this Act is enacted, the Attorney 
     General shall submit a report to Congress not later than 90 
     days after the end of such fiscal year, and each fiscal year 
     thereafter, containing the elements described in paragraph 
     (2).
                                 ______
                                 

                  FEINSTEIN AMENDMENTS NOS. 4267-4268

  (Ordered to lie on the table.)
  Mr. DASCHLE (for Mrs. Feinstein) submitted two amendments to be 
proposed by her to amendment No. 4183 proposed by Mr. Lott (for Mr. 
Conrad) to the bill, S. 2045, supra; as follows:

                           Amendment No. 4267

       On line 9, strike ``waivers).'', and insert the following:
     waivers and authority to change status).

     TITLE II--IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Immigration Services and 
     Infrastructure Improvements Act of 2000''.

     SEC. 202. CONGRESSIONAL FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Applications for naturalization have increased 
     dramatically in recent years, outpacing the Immigration and 
     Naturalization Service's ability to process them.
       (2) The dramatic increase in applications for 
     naturalization and the inability of the Immigration and 
     Naturalization Service to deal with them adequately has 
     resulted in an unacceptably large backlog in naturalization 
     adjudications.
       (3) The processing times in the Immigration and 
     Naturalization Service's other immigration benefits have been 
     unacceptably long. Applicants for family- and employment-
     based visas are waiting as long as 3 to 4 years to obtain a 
     visa or an adjustment to lawful permanent resident status.
       (4) In California, the delays in processing adjustment of 
     status applications have averaged 52 months. In Texas, the 
     delays have

[[Page S9515]]

     averaged 69 months. Residents of New York have had to wait up 
     to 28 months; in Florida, 26 months; in Illinois, 37 months; 
     in Oregon, 31 months; and in Arizona, 49 months. Most other 
     States have experienced unacceptably long processing and 
     adjudication delays.
       (5) Applicants pay fees to have their applications 
     adjudicated in a timely manner. These fees have increased 
     dramatically in recent years without a commensurate increase 
     in the capability of that Immigration and Naturalization 
     Service to process and adjudicate these cases in an efficient 
     manner.
       (6) Processing these applications in a timely fashion is 
     critical. Each 12-month delay in adjudicating an adjustment 
     of status application requires the alien to file applications 
     to extend employment authorization to work and advance parole 
     documents to travel.
       (7) The enormous delays in processing applications for 
     families and businesses have had a negative impact on the 
     reunification of spouses and minor children and the ability 
     of law-abiding and contributing members of our communities to 
     participate fully in the civic life of the United States.
       (8) United States employers have also experienced 
     debilitating delays in hiring employees who contribute to the 
     economic growth of the United States. These delays have 
     forced employers to send highly skilled and valued employees 
     out of the United States because their immigrant petitions 
     were not approved in a timely fashion. Such disruptions 
     seriously threaten the competitive edge of the United States 
     in the global marketplace.
       (b) Purposes.--The purposes of this title are to--
       (1) provide the Immigration and Naturalization Service with 
     the mechanisms it needs to eliminate the current backlog in 
     the processing of immigration benefit applications within 1 
     year after enactment of this Act and to maintain the 
     elimination of the backlog in future years; and
       (2) provide for regular congressional oversight of the 
     performance of the Immigration and Naturalization Service in 
     eliminating the backlog and processing delays in immigration 
     benefits adjudications.
       (c) Policy.--It is the sense of Congress that the 
     processing of an immigration benefit application should be 
     completed not later than 180 days after the initial filing of 
     the application, except that a petition for a nonimmigrant 
     visa under section 214(c) of the Immigration and Nationality 
     Act should be processed not later than 30 days after the 
     filing of the petition.

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Backlog.--The term ``backlog'' means, with respect to 
     an immigration benefit application, the period of time in 
     excess of 180 days that such application has been pending 
     before the Immigration and Naturalization Service.
       (2) Immigration benefit application.--The term 
     ``immigration benefit application'' means any application or 
     petition to confer, certify, change, adjust, or extend any 
     status granted under the Immigration and Nationality Act.

     SEC. 204. IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENT 
                   ACCOUNT.

       (a) Authority of the Attorney General.--The Attorney 
     General shall take such measures as may be necessary to--
       (1) reduce the backlog in the processing of immigration 
     benefit applications, with the objective of the total 
     elimination of the backlog not later than one year after the 
     date of enactment of this Act;
       (2) make such other improvements in the processing of 
     immigration benefit applications as may be necessary to 
     ensure that a backlog does not develop after such date; and
       (3) make such improvements in infrastructure as may be 
     necessary to effectively provide immigration services.
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Department of Justice from time to time such sums as may 
     be necessary for the Attorney General to carry out subsection 
     (a).
       (2) Designation of account in treasury.--Amounts 
     appropriated pursuant to paragraph (1) may be referred to as 
     the ``Immigration Services and Infrastructure Improvements 
     Account''.
       (3) Availability of funds.--Amounts appropriated pursuant 
     to paragraph (1) are authorized to remain available until 
     expended.
       (4) Limitation on expenditures.--None of the funds 
     appropriated pursuant to paragraph (1) may be expended until 
     the report described in section 205(a) has been submitted to 
     Congress.

     SEC. 205. REPORTS TO CONGRESS.

       (a) Backlog Elimination Plan.--
       (1) Report required.--Not later than 90 days after the date 
     of enactment of this Act, the Attorney General shall submit a 
     report to the Committees on the Judiciary and Appropriations 
     of the Senate and the House of Representatives concerning--
       (A) the backlogs in immigration benefit applications in 
     existence as of the date of enactment of this title; and
       (B) the Attorney General's plan for eliminating such 
     backlogs.
       (2) Report elements.--The report shall include--
       (A) an assessment of the data systems used in adjudicating 
     and reporting on the status of immigration benefit 
     applications, including--
       (i) a description of the adequacy of existing computer 
     hardware, computer software, and other mechanisms to comply 
     with the adjudications and reporting requirements of this 
     title; and
       (ii) a plan for implementing improvements to existing data 
     systems to accomplish the purpose of this title, as described 
     in section 202(b);
       (B) a description of the quality controls to be put into 
     force to ensure timely, fair, accurate, and complete 
     processing and adjudication of such applications;
       (C) the elements specified in subsection (b)(2);
       (D) an estimate of the amount of appropriated funds that 
     would be necessary in order to eliminate the backlogs in each 
     category of immigration benefit applications described in 
     subsection (b)(2); and
       (E) a detailed plan on how the Attorney General will use 
     any funds in the Immigration Services and Infrastructure 
     Improvements Account to comply with the purposes of this 
     title.
       (b) Annual Reports.--
       (1) In general.--Beginning 90 days after the end of the 
     first fiscal year for which any appropriation authorized by 
     section 204(b) is made, and 90 days after the end of each 
     fiscal year thereafter, the Attorney General shall submit a 
     report to the Committees on the Judiciary and Appropriations 
     of the Senate and the House of Representatives concerning the 
     status of--
       (A) the Immigration Services and Infrastructure 
     Improvements Account including any unobligated balances of 
     appropriations in the Account; and
       (B) the Attorney General's efforts to eliminate backlogs in 
     any immigration benefit application described in paragraph 
     (2).
       (2) Report elements.--The report shall include--
       (A) State-by-State data on--
       (i) the number of naturalization cases adjudicated in each 
     quarter of each fiscal year;
       (ii) the average processing time for naturalization 
     applications;
       (iii) the number of naturalization applications pending for 
     up to 6 months, 12 months, 18 months, 24 months, 36 months, 
     and 48 months or more;
       (iv) estimated processing times adjudicating newly 
     submitted naturalization applications;
       (v) an analysis of the appropriate processing times for 
     naturalization applications; and
       (vi) the additional resources and process changes needed to 
     eliminate the backlog for naturalization adjudications;
       (B) the status of applications or, where applicable, 
     petitions described in subparagraph (C), by Immigration and 
     Naturalization Service district, including--
       (i) the number of cases adjudicated in each quarter of each 
     fiscal year;
       (ii) the average processing time for such applications or 
     petitions;
       (iii) the number of applications or petitions pending for 
     up to 6 months, 12 months, 18 months, 24 months, 36 months, 
     and 48 months or more;
       (iv) the estimated processing times adjudicating newly 
     submitted applications or petitions;
       (v) an analysis of the appropriate processing times for 
     applications or petitions; and
       (vi) a description of the additional resources and process 
     changes needed to eliminate the backlog for such processing 
     and adjudications; and
       (C) a status report on--
       (i) applications for adjustments of status to that of an 
     alien lawfully admitted for permanent residence;
       (ii) petitions for nonimmigrant visas under section 214 of 
     the Immigration and Nationality Act;
       (iii) petitions filed under section 204 of such Act to 
     classify aliens as immediate relatives or preference 
     immigrants under section 203 of such Act;
       (iv) applications for asylum under section 208 of such Act;
       (v) registrations for Temporary Protected Status under 
     section 244 of such Act; and
       (vi) a description of the additional resources and process 
     changes needed to eliminate the backlog for such processing 
     and adjudications.
       (3) Absence of appropriated funds.--In the event that no 
     funds are appropriated subject to section 204(b) in the 
     fiscal year in which this Act is enacted, the Attorney 
     General shall submit a report to Congress not later than 90 
     days after the end of such fiscal year, and each fiscal year 
     thereafter, containing the elements described in paragraph 
     (2).
                                  ____


                           Amendment No. 4268

       On line 9, strike ``waivers).'', and insert the following:
     waivers and authority to change status).

     TITLE II--IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Immigration Services and 
     Infrastructure Improvements Act of 2000''.

     SEC. 202. CONGRESSIONAL FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Applications for naturalization have increased 
     dramatically in recent years, outpacing the Immigration and 
     Naturalization Service's ability to process them.

[[Page S9516]]

       (2) The dramatic increase in applications for 
     naturalization and the inability of the Immigration and 
     Naturalization Service to deal with them adequately has 
     resulted in an unacceptably large backlog in naturalization 
     adjudications.
       (3) The processing times in the Immigration and 
     Naturalization Service's other immigration benefits have been 
     unacceptably long. Applicants for family- and employment-
     based visas are waiting as long as 3 to 4 years to obtain a 
     visa or an adjustment to lawful permanent resident status.
       (4) In California, the delays in processing adjustment of 
     status applications have averaged 52 months. In Texas, the 
     delays have averaged 69 months. Residents of New York have 
     had to wait up to 28 months; in Florida, 26 months; in 
     Illinois, 37 months; in Oregon, 31 months; and in Arizona, 49 
     months. Most other States have experienced unacceptably long 
     processing and adjudication delays.
       (5) Applicants pay fees to have their applications 
     adjudicated in a timely manner. These fees have increased 
     dramatically in recent years without a commensurate increase 
     in the capability of that Immigration and Naturalization 
     Service to process and adjudicate these cases in an efficient 
     manner.
       (6) Processing these applications in a timely fashion is 
     critical. Each 12-month delay in adjudicating an adjustment 
     of status application requires the alien to file applications 
     to extend employment authorization to work and advance parole 
     documents to travel.
       (7) The enormous delays in processing applications for 
     families and businesses have had a negative impact on the 
     reunification of spouses and minor children and the ability 
     of law-abiding and contributing members of our communities to 
     participate fully in the civic life of the United States.
       (8) United States employers have also experienced 
     debilitating delays in hiring employees who contribute to the 
     economic growth of the United States. These delays have 
     forced employers to send highly skilled and valued employees 
     out of the United States because their immigrant petitions 
     were not approved in a timely fashion. Such disruptions 
     seriously threaten the competitive edge of the United States 
     in the global marketplace.
       (b) Purposes.--The purposes of this title are to--
       (1) provide the Immigration and Naturalization Service with 
     the mechanisms it needs to eliminate the current backlog in 
     the processing of immigration benefit applications within 1 
     year after enactment of this Act and to maintain the 
     elimination of the backlog in future years; and
       (2) provide for regular congressional oversight of the 
     performance of the Immigration and Naturalization Service in 
     eliminating the backlog and processing delays in immigration 
     benefits adjudications.
       (c) Policy.--It is the sense of Congress that the 
     processing of an immigration benefit application should be 
     completed not later than 180 days after the initial filing of 
     the application, except that a petition for a nonimmigrant 
     visa under section 214(c) of the Immigration and Nationality 
     Act should be processed not later than 30 days after the 
     filing of the petition.

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Backlog.--The term ``backlog'' means, with respect to 
     an immigration benefit application, the period of time in 
     excess of 180 days that such application has been pending 
     before the Immigration and Naturalization Service.
       (2) Immigration benefit application.--The term 
     ``immigration benefit application'' means any application or 
     petition to confer, certify, change, adjust, or extend any 
     status granted under the Immigration and Nationality Act.

     SEC. 204. IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENT 
                   ACCOUNT.

       (a) Authority of the Attorney General.--The Attorney 
     General shall take such measures as may be necessary to--
       (1) reduce the backlog in the processing of immigration 
     benefit applications, with the objective of the total 
     elimination of the backlog not later than one year after the 
     date of enactment of this Act;
       (2) make such other improvements in the processing of 
     immigration benefit applications as may be necessary to 
     ensure that a backlog does not develop after such date; and
       (3) make such improvements in infrastructure as may be 
     necessary to effectively provide immigration services.
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Department of Justice from time to time such sums as may 
     be necessary for the Attorney General to carry out subsection 
     (a).
       (2) Designation of account in treasury.--Amounts 
     appropriated pursuant to paragraph (1) may be referred to as 
     the ``Immigration Services and Infrastructure Improvements 
     Account''.
       (3) Availability of funds.--Amounts appropriated pursuant 
     to paragraph (1) are authorized to remain available until 
     expended.
       (4) Limitation on expenditures.--None of the funds 
     appropriated pursuant to paragraph (1) may be expended until 
     the report described in section 205(a) has been submitted to 
     Congress.

     SEC. 205. REPORTS TO CONGRESS.

       (a) Backlog Elimination Plan.--
       (1) Report required.--Not later than 90 days after the date 
     of enactment of this Act, the Attorney General shall submit a 
     report to the Committees on the Judiciary and Appropriations 
     of the Senate and the House of Representatives concerning--
       (A) the backlogs in immigration benefit applications in 
     existence as of the date of enactment of this title; and
       (B) the Attorney General's plan for eliminating such 
     backlogs.
       (2) Report elements.--The report shall include--
       (A) an assessment of the data systems used in adjudicating 
     and reporting on the status of immigration benefit 
     applications, including--
       (i) a description of the adequacy of existing computer 
     hardware, computer software, and other mechanisms to comply 
     with the adjudications and reporting requirements of this 
     title; and
       (ii) a plan for implementing improvements to existing data 
     systems to accomplish the purpose of this title, as described 
     in section 202(b);
       (B) a description of the quality controls to be put into 
     force to ensure timely, fair, accurate, and complete 
     processing and adjudication of such applications;
       (C) the elements specified in subsection (b)(2);
       (D) an estimate of the amount of appropriated funds that 
     would be necessary in order to eliminate the backlogs in each 
     category of immigration benefit applications described in 
     subsection (b)(2); and
       (E) a detailed plan on how the Attorney General will use 
     any funds in the Immigration Services and Infrastructure 
     Improvements Account to comply with the purposes of this 
     title.
       (b) Annual Reports.--
       (1) In general.--Beginning 90 days after the end of the 
     first fiscal year for which any appropriation authorized by 
     section 204(b) is made, and 90 days after the end of each 
     fiscal year thereafter, the Attorney General shall submit a 
     report to the Committees on the Judiciary and Appropriations 
     of the Senate and the House of Representatives concerning the 
     status of--
       (A) the Immigration Services and Infrastructure 
     Improvements Account including any unobligated balances of 
     appropriations in the Account; and
       (B) the Attorney General's efforts to eliminate backlogs in 
     any immigration benefit application described in paragraph 
     (2).
       (2) Report elements.--The report shall include--
       (A) State-by-State data on--
       (i) the number of naturalization cases adjudicated in each 
     quarter of each fiscal year;
       (ii) the average processing time for naturalization 
     applications;
       (iii) the number of naturalization applications pending for 
     up to 6 months, 12 months, 18 months, 24 months, 36 months, 
     and 48 months or more;
       (iv) estimated processing times adjudicating newly 
     submitted naturalization applications;
       (v) an analysis of the appropriate processing times for 
     naturalization applications; and
       (vi) the additional resources and process changes needed to 
     eliminate the backlog for naturalization adjudications;
       (B) the status of applications or, where applicable, 
     petitions described in subparagraph (C), by Immigration and 
     Naturalization Service district, including--
       (i) the number of cases adjudicated in each quarter of each 
     fiscal year;
       (ii) the average processing time for such applications or 
     petitions;
       (iii) the number of applications or petitions pending for 
     up to 6 months, 12 months, 18 months, 24 months, 36 months, 
     and 48 months or more;
       (iv) the estimated processing times adjudicating newly 
     submitted applications or petitions;
       (v) an analysis of the appropriate processing times for 
     applications or petitions; and
       (vi) a description of the additional resources and process 
     changes needed to eliminate the backlog for such processing 
     and adjudications; and
       (C) a status report on--
       (i) applications for adjustments of status to that of an 
     alien lawfully admitted for permanent residence;
       (ii) petitions for nonimmigrant visas under section 214 of 
     the Immigration and Nationality Act;
       (iii) petitions filed under section 204 of such Act to 
     classify aliens as immediate relatives or preference 
     immigrants under section 203 of such Act;
       (iv) applications for asylum under section 208 of such Act;
       (v) registrations for Temporary Protected Status under 
     section 244 of such Act; and
       (vi) a description of the additional resources and process 
     changes needed to eliminate the backlog for such processing 
     and adjudications.
       (3) Absence of appropriated funds.--In the event that no 
     funds are appropriated subject to section 204(b) in the 
     fiscal year in which this Act is enacted, the Attorney 
     General shall submit a report to Congress not later than 90 
     days after the end of such fiscal year, and each fiscal year 
     thereafter, containing the elements described in paragraph 
     (2).

[[Page S9517]]

                                 ______
                                 

                        LOTT AMENDMENT NO. 4269

  Mr. LOTT proposed an amendment to the instructions of the motion to 
recommit the bill, S. 2045, supra; as follows:

       Strike all after the first word and insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``American Competitiveness in 
     the Twenty-first Century Act of 2000''.

     SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS.

       (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is 
     amended--
       (1) by redesignating clause (v) as clause (vi); and
       (2) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) 195,000 in fiscal year 2000; and
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002; and''.
       (b) Additional Visas for Fiscal Year 1999.--
       (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(1)(A)(ii)), the total number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 
     is increased by a number equal to the number of aliens who 
     are issued such a visa or provided such status during the 
     period beginning on the date on which the limitation in such 
     section 214(g)(1)(A)(ii) is reached and ending on September 
     30, 1999.
       (2) Effective date.--Paragraph (1) shall take effect as if 
     included in the enactment of section 411 of the American 
     Competitiveness and Workforce Improvement Act of 1998 (as 
     contained in title IV of division C of the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999; Public Law 105-277).

     SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, 
                   AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES.

       Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)) is amended by adding at the end the following 
     new paragraphs:
       ``(5) The numerical limitations contained in paragraph 
     (1)(A) shall not apply to any nonimmigrant alien issued a 
     visa or otherwise provided status under section 
     101(a)(15)(H)(i)(b)--
       ``(A) who is employed (or has 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; or
       ``(ii) a nonprofit research organization or a governmental 
     research organization; or
       ``(B) for whom a petition is filed not more than 90 days 
     before or not more than 180 days after the nonimmigrant has 
     attained a master's degree or higher 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))).
       ``(6) Any alien who ceases to be employed by an employer 
     described in paragraph (5)(A) shall, if employed as a 
     nonimmigrant alien described in section 101(a)(15)(H)(i)(b), 
     who has not previously been counted toward the numerical 
     limitations contained in paragraph (1)(A), be counted toward 
     those limitations the first time the alien is employed by an 
     employer other than one described in paragraph (5)(A).
       ``(7) Any alien who has already been counted, within the 6 
     years prior to the approval of a petition described in 
     subsection (c), toward the numerical limitations of paragraph 
     (1)(A) shall not again be counted toward those limitations 
     unless the alien would be eligible for a full 6 years of 
     authorized admission at the time the petition is filed. Where 
     multiple petitions are approved for 1 alien, that alien shall 
     be counted only once.''.

     SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO 
                   EMPLOYMENT-BASED IMMIGRANTS.

       (a) Special Rules.--Section 202(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1152(a)) is amended by adding at 
     the end the following new paragraph:
       ``(5) Rules for employment-based immigrants.--
       ``(A) Employment-based immigrants not subject to per 
     country limitation if additional visas available.--If the 
     total number of visas available under paragraph (1), (2), 
     (3), (4), or (5) of section 203(b) for a calendar quarter 
     exceeds the number of qualified immigrants who may otherwise 
     be issued such visas, the visas made available under that 
     paragraph shall be issued without regard to the numerical 
     limitation under paragraph (2) of this subsection during the 
     remainder of the calendar quarter.
       ``(B) Limiting fall across for certain countries subject to 
     subsection (e).--In the case of a foreign state or dependent 
     area to which subsection (e) applies, if the total number of 
     visas issued under section 203(b) exceeds the maximum number 
     of visas that may be made available to immigrants of the 
     state or area under section 203(b) consistent with subsection 
     (e) (determined without regard to this paragraph), in 
     applying subsection (e) all visas shall be deemed to have 
     been required for the classes of aliens specified in section 
     203(b).''.
       (b) Conforming Amendments.--
       (1) Section 202(a)(2) of the Immigration and Nationality 
     Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs 
     (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''.
       (2) Section 202(e)(3) of the Immigration and Nationality 
     Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the 
     proportion of the visa numbers'' and inserting ``except as 
     provided in subsection (a)(5), the proportion of the visa 
     numbers''.
       (c) One-Time Protection Under Per Country Ceiling.--
     Notwithstanding section 214(g)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)(4)), any alien who--
       (1) is the beneficiary of a petition filed under section 
     204(a) of that Act for a preference status under paragraph 
     (1), (2), or (3) of section 203(b) of that Act; and
       (2) would be subject to the per country limitations 
     applicable to immigrants but for this subsection,
     may apply for, and the Attorney General may grant, an 
     extension of such nonimmigrant status until the alien's 
     application for adjustment of status has been processed and a 
     decision made thereon.

     SEC. 5. INCREASED PORTABILITY OF H-1B STATUS.

       (a) In General.--Section 214 of the Immigration and 
     Nationality Act (8 U.S.C. 1184) is amended by adding at the 
     end the following new subsection:
       ``(m)(1) A nonimmigrant alien described in paragraph (2) 
     who was previously issued a visa or otherwise provided 
     nonimmigrant status under section 101(a)(15)(H)(i)(b) is 
     authorized to accept new employment upon the filing by the 
     prospective employer of a new petition on behalf of such 
     nonimmigrant as provided under subsection (a). Employment 
     authorization shall continue for such alien until the new 
     petition is adjudicated. If the new petition is denied, such 
     authorization shall cease.
       ``(2) A nonimmigrant alien described in this paragraph is a 
     nonimmigrant alien--
       ``(A) who has been lawfully admitted into the United 
     States;
       ``(B) on whose behalf an employer has filed a nonfrivolous 
     petition for new employment before the date of expiration of 
     the period of stay authorized by the Attorney General; and
       ``(C) who has not been employed without authorization 
     before or during the pendency of such petition for new 
     employment in the United States.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to petitions filed before, on, or after the date 
     of enactment of this Act.

     SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.

       (a) Exemption From Limitation.--The limitation contained in 
     section 214(g)(4) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)(4)) with respect to the duration of authorized 
     stay shall not apply to any nonimmigrant alien previously 
     issued a visa or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of that Act on whose behalf a 
     petition under section 204(b) of that Act to accord the alien 
     immigrant status under section 203(b) of that Act, or an 
     application for adjustment of status under section 245 of 
     that Act to accord the alien status under such section 
     203(b), has been filed, if 365 days or more have elapsed 
     since--
       (1) the filing of a labor certification application on the 
     alien's behalf (if such certification is required for the 
     alien to obtain status under such section 203(b)); or
       (2) the filing of the petition under such section 204(b).
       (b) Extension of H1-B Worker Status.--The Attorney General 
     shall extend the stay of an alien who qualifies for an 
     exemption under subsection (a) in one-year increments until 
     such time as a final decision is made on the alien's lawful 
     permanent residence.

     SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES 
                   THROUGH FISCAL YEAR 2002.

       (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' 
     and inserting ``October 1, 2002''.
       (b) Department of Labor Investigative Authorities.--Section 
     413(e)(2) of the American Competitiveness and Workforce 
     Improvement Act of 1998 (as contained in title IV of division 
     C of Public Law 105-277) is amended by striking ``September 
     30, 2001'' and inserting ``September 30, 2002''.

     SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY.

       Section 214(g)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1184 (g)(3)) is amended to read as follows:
       ``(3) Aliens who are subject to the numerical limitations 
     of paragraph (1) shall be issued visas (or otherwise provided 
     nonimmigrant status) in the order in which petitions are 
     filed for such visas or status. If an alien who was issued a 
     visa or otherwise provided nonimmigrant status and counted 
     against the numerical limitations of paragraph (1) is found 
     to have been issued such visa or otherwise provided such 
     status by fraud or willfully misrepresenting a material fact 
     and such visa or nonimmigrant status is revoked, then one 
     number shall be restored to the total number of aliens who 
     may be issued visas or otherwise provided such status under 
     the numerical limitations of paragraph (1) in the fiscal year 
     in which the petition is revoked, regardless of the fiscal 
     year in which the petition was approved.''.

[[Page S9518]]

     SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''.

       (a) Study.--The National Science Foundation shall conduct a 
     study of the divergence in access to high technology 
     (commonly referred to as the ``digital divide'') in the 
     United States.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Director of the National Science 
     Foundation shall submit a report to Congress setting forth 
     the findings of the study conducted under subsection (a).

     SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT 
                   PROVISIONS.

       (a) Allocation of Funds.--Section 286(s) of the Immigration 
     and Nationality Act (8 U.S.C. 1356(s)) is amended--
       (1) in paragraph (2), by striking ``56.3 percent'' and 
     inserting ``55 percent'';
       (2) in paragraph (3), by striking ``28.2 percent'' and 
     inserting ``23.5 percent'';
       (3) by amending paragraph (4) to read as follows:
       ``(4) National Science Foundation Competitive Grant Program 
     for K-12 Math, Science and Technology Education.--
       ``(A) In general.--15 percent of the amounts deposited into 
     the H-1B Nonimmigrant Petitioner Account shall remain 
     available to the Director of the National Science Foundation 
     until expended to carry out a direct or matching grant 
     program to support private-public partnerships in K-12 
     education.
       ``(B) Types of programs covered.--The Director shall award 
     grants to such programs, including those which support the 
     development and implementation of standards-based 
     instructional materials models and related student 
     assessments that enable K-12 students to acquire an 
     understanding of science, mathematics, and technology, as 
     well as to develop critical thinking skills; provide systemic 
     improvement in training K-12 teachers and education for 
     students in science, mathematics, and technology; support the 
     professional development of K-12 math and science teachers in 
     the used of technology in the classroom; stimulate system-
     wide K-12 reform of science, mathematics, and technology in 
     rural, economically disadvantaged regions of the United 
     States; provide externships and other opportunities for 
     students to increase their appreciation and understanding of 
     science, mathematics, engineering, and technology (including 
     summer institutes sponsored by an institution of higher 
     education for students in grades 7-12 that provide 
     instruction in such fields); involve partnerships of 
     industry, educational institutions, and community 
     organizations to address the educational needs of 
     disadvantaged communities; provide college preparatory 
     support to expose and prepare students for careers in 
     science, mathematics, engineering, and technology; and 
     provide for carrying out systemic reform activities under 
     section 3(a)(1) of this National Science Foundation Act of 
     1950 (42 U.S.C. 1862(a)(1)).'';
       (4) in paragraph (6), by striking ``6 percent'' and 
     inserting ``5 percent''; and
       (5) in paragraph (6), by striking ``3 percent'' each place 
     it appears and inserting ``2.5 percent''.
       (b) Low-Income Scholarship Program.--Section 414(d)(3) of 
     the American Competitiveness and Workforce Improvement Act of 
     1998 (as contained in title IV of division C of Public Law 
     105-277) is amended by striking ``$2,500 per year.'' and 
     inserting ``$3,125 per year. The Director may renew 
     scholarships for up to 4 years.''.
       (c) Reporting Requirement.--Section 414 of the American 
     Competitiveness and Workforce Improvement Act of 1998 (as 
     contained in title IV of division C of Public Law 105-277) is 
     amended by adding at the end the following new subsection:
       ``(e) Reporting Requirement.--The Secretary of Labor and 
     the Director of the National Science Foundation shall--
       ``(1) track and monitor the performance of programs 
     receiving H-1B Nonimmigrant Fee grant money; and
       ``(2) not later than one year after the date of enactment 
     of this subsection, submit a report to the Committees on the 
     Judiciary of the House of Representatives and the Senate--
       ``(A) the tracking system to monitor the performance of 
     programs receiving H-1B grant funding; and
       ``(B) the number of individuals who have completed training 
     and have entered the high-skill workforce through these 
     programs.''.

     SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE 
                   TECHNICAL SKILLS TRAINING FOR WORKERS.

       Section 414(c) of the American Competitiveness and 
     Workforce Improvement Act of 1998 (as contained in title IV 
     of division C of Public Law 105-277; 112 Stat. 2681-653) is 
     amended to read as follows:
       ``(c) Demonstration Programs and Projects to Provide 
     Technical Skills Training for Workers.--
       ``(1) In general.--
       ``(A) Funding.--The Secretary of Labor shall use funds 
     available under section 286(s)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(s)(2)) to establish 
     demonstration programs or projects to provide technical 
     skills training for workers, including both employed and 
     unemployed workers.
       ``(B) Training provided.--Training funded by a program or 
     project described in subparagraph (A) shall be for persons 
     who are currently employed and who wish to obtain and upgrade 
     skills as well as for persons who are unemployed. Such 
     training is not limited to skill levels commensurate with a 
     four-year undergraduate degree, but should include the 
     preparation of workers for a broad range of positions along a 
     career ladder. Consideration shall be given to the use of 
     grant funds to demonstrate a significant ability to expand a 
     training program or project through such means as training 
     more workers or offering more courses, and training programs 
     or projects resulting from collaborations, especially with 
     more than one small business or with a labor-management 
     training program or project. All training shall be justified 
     with evidence of skill shortages as demonstrated through 
     reliable regional, State, or local data.
       ``(2) Grants.--
       ``(A) Eligibility.--To carry out the programs and projects 
     described in paragraph (1)(A), the Secretary of Labor shall, 
     in consultation with the Secretary of Commerce, subject to 
     the availability of funds in the H-1B Nonimmigrant Petitioner 
     Account, award--
       ``(i) 75 percent of the grants to a local workforce 
     investment board established under section 117 of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2832) or 
     consortia of such boards in a region. Each workforce 
     investment board or consortia of boards receiving grant funds 
     shall represent a local or regional public-private 
     partnership consisting of at least--

       ``(I) one workforce investment board;
       ``(II) one community-based organization or higher education 
     institution or labor union; and
       ``(III) one business or business-related nonprofit 
     organization such as a trade association; and

       ``(ii) 25 percent of the grants under the Secretary of 
     Labor's authority to award grants for demonstration projects 
     or programs under section 171 of the Workforce Investment Act 
     (29 U.S.C. 2916) to partnerships that shall consist of at 
     least 2 businesses or a business-related nonprofit 
     organization that represents more than one business, and that 
     may include any educational, labor, community organization, 
     or workforce investment board, except that such grant funds 
     may be used only to carry out a strategy that would otherwise 
     not be eligible for funds provided under clause (i), due to 
     barriers in meeting those partnership eligibility criteria, 
     on a national, multistate, regional, or rural area (such as 
     rural telework programs) basis.
       ``(B) Designation of responsible fiscal agents.--Each 
     partnership formed under subparagraph (A) shall designate a 
     responsible fiscal agent to receive and disburse grant funds 
     under this subsection.
       ``(C) Partnership considerations.--Consideration in the 
     awarding of grants shall be given to any partnership that 
     involves and directly benefits more than one small business 
     (each consisting of 100 employees or less).
       ``(D) Allocation of grants.--In making grants under this 
     paragraph, the Secretary shall make every effort to fairly 
     distribute grants across rural and urban areas, and across 
     the different geographic regions of the United States. The 
     total amount of grants awarded to carry out programs and 
     projects described in paragraph (1)(A) shall be allocated as 
     follows:
       ``(i) At least 80 percent of the grants shall be awarded to 
     programs and projects that train employed and unemployed 
     workers in skills that are in shortage in high technology, 
     information technology, and biotechnology, including skills 
     needed for software and communications services, 
     telecommunications, systems installation and integration, 
     computers and communications hardware, advanced 
     manufacturing, health care technology, biotechnology and 
     biomedical research and manufacturing, and innovation 
     services.
       ``(ii) No more than 20 percent of the grants shall be 
     available to programs and projects that train employed and 
     unemployed workers for skills related to any H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a specialty occupation, as 
     defined in section 214(i) of the Immigration and Nationality 
     Act.
       ``(3) Start-up funds.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not more than 5 percent of any single grant, or not to exceed 
     $75,000, whichever is less, may be used toward the start-up 
     costs of partnerships or new training programs and projects.
       ``(B) Exception.--In the case of partnerships consisting 
     primarily of small businesses, not more than 10 percent of 
     any single grant, or $150,000, whichever is less, may be used 
     toward the start-up costs of partnerships or new training 
     programs and projects.
       ``(C) Duration of start-up period.--For purposes of this 
     subsection, a start-up period consists of a period of not 
     more than 2 months after the grant period begins, at which 
     time training shall immediately begin and no further Federal 
     funds may be used for start-up purposes.
       ``(4) Training outcomes.--
       ``(A) Consideration for certain programs and projects.--
     Consideration in the awarding of grants shall be given to 
     applicants that provide a specific, measurable commitment 
     upon successful completion of a training course, to--
       ``(i) hire or effectuate the hiring of unemployed trainees 
     (where applicable);

[[Page S9519]]

       ``(ii) increase the wages or salary of incumbent workers 
     (where applicable); and
       ``(iii) provide skill certifications to trainees or link 
     the training to industry-accepted occupational skill 
     standards, certificates, or licensing requirements.
       ``(B) Requirements for grant applications.--Applications 
     for grants shall--
       ``(i) articulate the level of skills that workers will be 
     trained for and the manner by which attainment of those 
     skills will be measured; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(5) Matching funds.--Each application for a grant to 
     carry out a program or project described in paragraph (1)(A) 
     shall state the manner by which the partnership will provide 
     non-Federal matching resources (cash, or in-kind 
     contributions, or both) equal to at least 50 percent of the 
     total grant amount awarded under paragraph (2)(A)(i), and at 
     least 100 percent of the total grant amount awarded under 
     paragraph (2)(A)(ii). At least one-half of the non-Federal 
     matching funds shall be from the business or businesses or 
     business-related nonprofit organizations involved. 
     Consideration in the award of grants shall be given to 
     applicants that provide a specific commitment or commitments 
     of resources from other public or private sources, or both, 
     so as to demonstrate the long-term sustainability of the 
     training program or project after the grant expires.
       ``(6) Administrative costs.--An entity that receives a 
     grant to carry out a program or project described in 
     paragraph (1)(A) may not use more than 10 percent of the 
     amount of the grant to pay for administrative costs 
     associated with the program or project.''.

     SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION 
                   INITIATIVE.

       (a) Short Title.--This section may be cited as the ``Kids 
     2000 Act''.
       (b) Findings.--Congress makes the following findings:
       (1) There is an increasing epidemic of juvenile crime 
     throughout the United States.
       (2) It is well documented that the majority of juvenile 
     crimes take place during after-school hours.
       (3) Knowledge of technology is becoming increasingly 
     necessary for children in school and out of school.
       (4) The Boys and Girls Clubs of America have 2,700 clubs 
     throughout all 50 States, serving over 3,000,000 boys and 
     girls primarily from at-risk communities.
       (5) The Boys and Girls Clubs of America have the physical 
     structures in place for immediate implementation of an after-
     school technology program.
       (6) Building technology centers and providing integrated 
     content and full-time staffing at those centers in the Boys 
     and Girls Clubs of America nationwide will help foster 
     education, job training, and an alternative to crime for at-
     risk youth.
       (7) Partnerships between the public sector and the private 
     sector are an effective way of providing after-school 
     technology programs in the Boys and Girls Clubs of America.
       (8) PowerUp: Bridging the Digital Divide is an entity 
     comprised of more than a dozen nonprofit organizations, major 
     corporations, and Federal agencies that have joined together 
     to launch a major new initiative to help ensure that 
     America's underserved young people acquire the skills, 
     experiences, and resources they need to succeed in the 
     digital age.
       (9) Bringing PowerUp into the Boys and Girls Clubs of 
     America will be an effective way to ensure that our youth 
     have a safe, crime-free environment in which to learn the 
     technological skills they need to close the divide between 
     young people who have access to computer-based information 
     and technology-related skills and those who do not.
       (c) After-School Technology Grants to the Boys and Girls 
     Clubs of America.--
       (1) Purposes.--The Attorney General shall make grants to 
     the Boys and Girls Clubs of America for the purpose of 
     funding effective after-school technology programs, such as 
     PowerUp, in order to provide--
       (A) constructive technology-focused activities that are 
     part of a comprehensive program to provide access to 
     technology and technology training to youth during after-
     school hours, weekends, and school vacations;
       (B) supervised activities in safe environments for youth; 
     and
       (C) full-time staffing with teachers, tutors, and other 
     qualified personnel.
       (2) Subawards.--The Boys and Girls Clubs of America shall 
     make subawards to local boys and girls clubs authorizing 
     expenditures associated with providing technology programs 
     such as PowerUp, including the hiring of teachers and other 
     personnel, procurement of goods and services, including 
     computer equipment, or such other purposes as are approved by 
     the Attorney General.
       (d) Applications.--
       (1) Eligibility.--In order to be eligible to receive a 
     grant under this section, an applicant for a subaward 
     (specified in subsection (c)(2)) shall submit an application 
     to the Boys and Girls Clubs of America, in such form and 
     containing such information as the Attorney General may 
     reasonably require.
       (2) Application requirements.--Each application submitted 
     in accordance with paragraph (1) shall include--
       (A) a request for a subgrant to be used for the purposes of 
     this section;
       (B) a description of the communities to be served by the 
     grant, including the nature of juvenile crime, violence, and 
     drug use in the communities;
       (C) written assurances that Federal funds received under 
     this section will be used to supplement and not supplant, 
     non-Federal funds that would otherwise be available for 
     activities funded under this section;
       (D) written assurances that all activities funded under 
     this section will be supervised by qualified adults;
       (E) a plan for assuring that program activities will take 
     place in a secure environment that is free of crime and 
     drugs;
       (F) a plan outlining the utilization of content-based 
     programs such as PowerUp, and the provision of trained adult 
     personnel to supervise the after-school technology training; 
     and
       (G) any additional statistical or financial information 
     that the Boys and Girls Clubs of America may reasonably 
     require.
       (e) Grant Awards.--In awarding subgrants under this 
     section, the Boys and Girls Clubs of America shall consider--
       (1) the ability of the applicant to provide the intended 
     services;
       (2) the history and establishment of the applicant in 
     providing youth activities; and
       (3) the extent to which services will be provided in crime-
     prone areas and technologically underserved populations, and 
     efforts to achieve an equitable geographic distribution of 
     the grant awards.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated 
     $20,000,000 for each of the fiscal years 2001 through 2006 to 
     carry out this section.
       (2) Source of funds.--Funds to carry out this section may 
     be derived from the Violent Crime Reduction Trust Fund.
       (3) Continued availability.--Amounts made available under 
     this subsection shall remain available until expended.

     SEC. 13. SEVERABILITY.

       If any provision of this Act (or any amendment made by this 
     Act) or the application thereof to any person or circumstance 
     is held invalid, the remainder of the Act (and the amendments 
     made by this Act) and the application of such provision to 
     any other person or circumstance shall not be affected 
     thereby. This section shall be enacted one day after 
     effective date.
                                 ______
                                 

                        LOTT AMENDMENT NO. 4270

  Mr. LOTT proposed an amendment to amendment No. 4269 proposed by 
himself tothe bill S. 2045, supra; as follows:

       In lieu of the matter proposed insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``American Competitiveness in 
     the Twenty-first Century Act of 2000''.

     SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS.

       (a) Fiscal Years 2000-2002.--Section 214(g)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is 
     amended--
       (1) by redesignating clause (v) as clause (vi); and
       (2) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) 195,000 in fiscal year 2000; and
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002; and''.
       (b) Additional Visas for Fiscal Year 1999.--
       (1) In general.--Notwithstanding section 214(g)(1)(A)(ii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(1)(A)(ii)), the total number of aliens who may be 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 
     is increased by a number equal to the number of aliens who 
     are issued such a visa or provided such status during the 
     period beginning on the date on which the limitation in such 
     section 214(g)(1)(A)(ii) is reached and ending on September 
     30, 1999.
       (2) Effective date.--Paragraph (1) shall take effect as if 
     included in the enactment of section 411 of the American 
     Competitiveness and Workforce Improvement Act of 1998 (as 
     contained in title IV of division C of the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999; Public Law 105-277).

     SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, 
                   AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES.

       Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)) is amended by adding at the end the following 
     new paragraphs:
       ``(5) The numerical limitations contained in paragraph 
     (1)(A) shall not apply to any nonimmigrant alien issued a 
     visa or otherwise provided status under section 
     101(a)(15)(H)(i)(b)--
       ``(A) who is employed (or has 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; or
       ``(ii) a nonprofit research organization or a governmental 
     research organization; or
       ``(B) for whom a petition is filed not more than 90 days 
     before or not more than 180 days after the nonimmigrant has 
     attained a master's degree or higher 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))).
       ``(6) Any alien who ceases to be employed by an employer 
     described in paragraph (5)(A)

[[Page S9520]]

     shall, if employed as a nonimmigrant alien described in 
     section 101(a)(15)(H)(i)(b), who has not previously been 
     counted toward the numerical limitations contained in 
     paragraph (1)(A), be counted toward those limitations the 
     first time the alien is employed by an employer other than 
     one described in paragraph (5)(A).
       ``(7) Any alien who has already been counted, within the 6 
     years prior to the approval of a petition described in 
     subsection (c), toward the numerical limitations of paragraph 
     (1)(A) shall not again be counted toward those limitations 
     unless the alien would be eligible for a full 6 years of 
     authorized admission at the time the petition is filed. Where 
     multiple petitions are approved for 1 alien, that alien shall 
     be counted only once.''.

     SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO 
                   EMPLOYMENT-BASED IMMIGRANTS.

       (a) Special Rules.--Section 202(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1152(a)) is amended by adding at 
     the end the following new paragraph:
       ``(5) Rules for employment-based immigrants.--
       ``(A) Employment-based immigrants not subject to per 
     country limitation if additional visas available.--If the 
     total number of visas available under paragraph (1), (2), 
     (3), (4), or (5) of section 203(b) for a calendar quarter 
     exceeds the number of qualified immigrants who may otherwise 
     be issued such visas, the visas made available under that 
     paragraph shall be issued without regard to the numerical 
     limitation under paragraph (2) of this subsection during the 
     remainder of the calendar quarter.
       ``(B) Limiting fall across for certain countries subject to 
     subsection (e).--In the case of a foreign state or dependent 
     area to which subsection (e) applies, if the total number of 
     visas issued under section 203(b) exceeds the maximum number 
     of visas that may be made available to immigrants of the 
     state or area under section 203(b) consistent with subsection 
     (e) (determined without regard to this paragraph), in 
     applying subsection (e) all visas shall be deemed to have 
     been required for the classes of aliens specified in section 
     203(b).''.
       (b) Conforming Amendments.--
       (1) Section 202(a)(2) of the Immigration and Nationality 
     Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs 
     (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''.
       (2) Section 202(e)(3) of the Immigration and Nationality 
     Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the 
     proportion of the visa numbers'' and inserting ``except as 
     provided in subsection (a)(5), the proportion of the visa 
     numbers''.
       (c) One-Time Protection Under Per Country Ceiling.--
     Notwithstanding section 214(g)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)(4)), any alien who--
       (1) is the beneficiary of a petition filed under section 
     204(a) of that Act for a preference status under paragraph 
     (1), (2), or (3) of section 203(b) of that Act; and
       (2) would be subject to the per country limitations 
     applicable to immigrants but for this subsection,
     may apply for, and the Attorney General may grant, an 
     extension of such nonimmigrant status until the alien's 
     application for adjustment of status has been processed and a 
     decision made thereon.

     SEC. 5. INCREASED PORTABILITY OF H-1B STATUS.

       (a) In General.--Section 214 of the Immigration and 
     Nationality Act (8 U.S.C. 1184) is amended by adding at the 
     end the following new subsection:
       ``(m)(1) A nonimmigrant alien described in paragraph (2) 
     who was previously issued a visa or otherwise provided 
     nonimmigrant status under section 101(a)(15)(H)(i)(b) is 
     authorized to accept new employment upon the filing by the 
     prospective employer of a new petition on behalf of such 
     nonimmigrant as provided under subsection (a). Employment 
     authorization shall continue for such alien until the new 
     petition is adjudicated. If the new petition is denied, such 
     authorization shall cease.
       ``(2) A nonimmigrant alien described in this paragraph is a 
     nonimmigrant alien--
       ``(A) who has been lawfully admitted into the United 
     States;
       ``(B) on whose behalf an employer has filed a nonfrivolous 
     petition for new employment before the date of expiration of 
     the period of stay authorized by the Attorney General; and
       ``(C) who has not been employed without authorization 
     before or during the pendency of such petition for new 
     employment in the United States.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to petitions filed before, on, or after the date 
     of enactment of this Act.

     SEC. 6. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.

       (a) Exemption From Limitation.--The limitation contained in 
     section 214(g)(4) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)(4)) with respect to the duration of authorized 
     stay shall not apply to any nonimmigrant alien previously 
     issued a visa or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of that Act on whose behalf a 
     petition under section 204(b) of that Act to accord the alien 
     immigrant status under section 203(b) of that Act, or an 
     application for adjustment of status under section 245 of 
     that Act to accord the alien status under such section 
     203(b), has been filed, if 365 days or more have elapsed 
     since--
       (1) the filing of a labor certification application on the 
     alien's behalf (if such certification is required for the 
     alien to obtain status under such section 203(b)); or
       (2) the filing of the petition under such section 204(b).
       (b) Extension of H1-B Worker Status.--The Attorney General 
     shall extend the stay of an alien who qualifies for an 
     exemption under subsection (a) in one-year increments until 
     such time as a final decision is made on the alien's lawful 
     permanent residence.

     SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES 
                   THROUGH FISCAL YEAR 2002.

       (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' 
     and inserting ``October 1, 2002''.
       (b) Department of Labor Investigative Authorities.--Section 
     413(e)(2) of the American Competitiveness and Workforce 
     Improvement Act of 1998 (as contained in title IV of division 
     C of Public Law 105-277) is amended by striking ``September 
     30, 2001'' and inserting ``September 30, 2002''.

     SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY.

       Section 214(g)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1184 (g)(3)) is amended to read as follows:
       ``(3) Aliens who are subject to the numerical limitations 
     of paragraph (1) shall be issued visas (or otherwise provided 
     nonimmigrant status) in the order in which petitions are 
     filed for such visas or status. If an alien who was issued a 
     visa or otherwise provided nonimmigrant status and counted 
     against the numerical limitations of paragraph (1) is found 
     to have been issued such visa or otherwise provided such 
     status by fraud or willfully misrepresenting a material fact 
     and such visa or nonimmigrant status is revoked, then one 
     number shall be restored to the total number of aliens who 
     may be issued visas or otherwise provided such status under 
     the numerical limitations of paragraph (1) in the fiscal year 
     in which the petition is revoked, regardless of the fiscal 
     year in which the petition was approved.''.

     SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''.

       (a) Study.--The National Science Foundation shall conduct a 
     study of the divergence in access to high technology 
     (commonly referred to as the ``digital divide'') in the 
     United States.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Director of the National Science 
     Foundation shall submit a report to Congress setting forth 
     the findings of the study conducted under subsection (a).

     SEC. 10. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT 
                   PROVISIONS.

       (a) Allocation of Funds.--Section 286(s) of the Immigration 
     and Nationality Act (8 U.S.C. 1356(s)) is amended--
       (1) in paragraph (2), by striking ``56.3 percent'' and 
     inserting ``55 percent'';
       (2) in paragraph (3), by striking ``28.2 percent'' and 
     inserting ``23.5 percent'';
       (3) by amending paragraph (4) to read as follows:
       ``(4) National Science Foundation Competitive Grant Program 
     for K-12 Math, Science and Technology Education.--
       ``(A) In general.--15 percent of the amounts deposited into 
     the H-1B Nonimmigrant Petitioner Account shall remain 
     available to the Director of the National Science Foundation 
     until expended to carry out a direct or matching grant 
     program to support private-public partnerships in K-12 
     education.
       ``(B) Types of programs covered.--The Director shall award 
     grants to such programs, including those which support the 
     development and implementation of standards-based 
     instructional materials models and related student 
     assessments that enable K-12 students to acquire an 
     understanding of science, mathematics, and technology, as 
     well as to develop critical thinking skills; provide systemic 
     improvement in training K-12 teachers and education for 
     students in science, mathematics, and technology; support the 
     professional development of K-12 math and science teachers in 
     the used of technology in the classroom; stimulate system-
     wide K-12 reform of science, mathematics, and technology in 
     rural, economically disadvantaged regions of the United 
     States; provide externships and other opportunities for 
     students to increase their appreciation and understanding of 
     science, mathematics, engineering, and technology (including 
     summer institutes sponsored by an institution of higher 
     education for students in grades 7-12 that provide 
     instruction in such fields); involve partnerships of 
     industry, educational institutions, and community 
     organizations to address the educational needs of 
     disadvantaged communities; provide college preparatory 
     support to expose and prepare students for careers in 
     science, mathematics, engineering, and technology; and 
     provide for carrying out systemic reform activities under 
     section 3(a)(1) of this National Science Foundation Act of 
     1950 (42 U.S.C. 1862(a)(1)).'';
       (4) in paragraph (6), by striking ``6 percent'' and 
     inserting ``5 percent''; and
       (5) in paragraph (6), by striking ``3 percent'' each place 
     it appears and inserting ``2.5 percent''.
       (b) Low-Income Scholarship Program.--Section 414(d)(3) of 
     the American Competitiveness and Workforce Improvement Act of

[[Page S9521]]

     1998 (as contained in title IV of division C of Public Law 
     105-277) is amended by striking ``$2,500 per year.'' and 
     inserting ``$3,125 per year. The Director may renew 
     scholarships for up to 4 years.''.
       (c) Reporting Requirement.--Section 414 of the American 
     Competitiveness and Workforce Improvement Act of 1998 (as 
     contained in title IV of division C of Public Law 105-277) is 
     amended by adding at the end the following new subsection:
       ``(e) Reporting Requirement.--The Secretary of Labor and 
     the Director of the National Science Foundation shall--
       ``(1) track and monitor the performance of programs 
     receiving H-1B Nonimmigrant Fee grant money; and
       ``(2) not later than one year after the date of enactment 
     of this subsection, submit a report to the Committees on the 
     Judiciary of the House of Representatives and the Senate--
       ``(A) the tracking system to monitor the performance of 
     programs receiving H-1B grant funding; and
       ``(B) the number of individuals who have completed training 
     and have entered the high-skill workforce through these 
     programs.''.

     SEC. 11. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE 
                   TECHNICAL SKILLS TRAINING FOR WORKERS.

       Section 414(c) of the American Competitiveness and 
     Workforce Improvement Act of 1998 (as contained in title IV 
     of division C of Public Law 105-277; 112 Stat. 2681-653) is 
     amended to read as follows:
       ``(c) Demonstration Programs and Projects to Provide 
     Technical Skills Training for Workers.--
       ``(1) In general.--
       ``(A) Funding.--The Secretary of Labor shall use funds 
     available under section 286(s)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(s)(2)) to establish 
     demonstration programs or projects to provide technical 
     skills training for workers, including both employed and 
     unemployed workers.
       ``(B) Training provided.--Training funded by a program or 
     project described in subparagraph (A) shall be for persons 
     who are currently employed and who wish to obtain and upgrade 
     skills as well as for persons who are unemployed. Such 
     training is not limited to skill levels commensurate with a 
     four-year undergraduate degree, but should include the 
     preparation of workers for a broad range of positions along a 
     career ladder. Consideration shall be given to the use of 
     grant funds to demonstrate a significant ability to expand a 
     training program or project through such means as training 
     more workers or offering more courses, and training programs 
     or projects resulting from collaborations, especially with 
     more than one small business or with a labor-management 
     training program or project. All training shall be justified 
     with evidence of skill shortages as demonstrated through 
     reliable regional, State, or local data.
       ``(2) Grants.--
       ``(A) Eligibility.--To carry out the programs and projects 
     described in paragraph (1)(A), the Secretary of Labor shall, 
     in consultation with the Secretary of Commerce, subject to 
     the availability of funds in the H-1B Nonimmigrant Petitioner 
     Account, award--
       ``(i) 75 percent of the grants to a local workforce 
     investment board established under section 117 of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2832) or 
     consortia of such boards in a region. Each workforce 
     investment board or consortia of boards receiving grant funds 
     shall represent a local or regional public-private 
     partnership consisting of at least--

       ``(I) one workforce investment board;
       ``(II) one community-based organization or higher education 
     institution or labor union; and
       ``(III) one business or business-related nonprofit 
     organization such as a trade association; and

       ``(ii) 25 percent of the grants under the Secretary of 
     Labor's authority to award grants for demonstration projects 
     or programs under section 171 of the Workforce Investment Act 
     (29 U.S.C. 2916) to partnerships that shall consist of at 
     least 2 businesses or a business-related nonprofit 
     organization that represents more than one business, and that 
     may include any educational, labor, community organization, 
     or workforce investment board, except that such grant funds 
     may be used only to carry out a strategy that would otherwise 
     not be eligible for funds provided under clause (i), due to 
     barriers in meeting those partnership eligibility criteria, 
     on a national, multistate, regional, or rural area (such as 
     rural telework programs) basis.
       ``(B) Designation of responsible fiscal agents.--Each 
     partnership formed under subparagraph (A) shall designate a 
     responsible fiscal agent to receive and disburse grant funds 
     under this subsection.
       ``(C) Partnership considerations.--Consideration in the 
     awarding of grants shall be given to any partnership that 
     involves and directly benefits more than one small business 
     (each consisting of 100 employees or less).
       ``(D) Allocation of grants.--In making grants under this 
     paragraph, the Secretary shall make every effort to fairly 
     distribute grants across rural and urban areas, and across 
     the different geographic regions of the United States. The 
     total amount of grants awarded to carry out programs and 
     projects described in paragraph (1)(A) shall be allocated as 
     follows:
       ``(i) At least 80 percent of the grants shall be awarded to 
     programs and projects that train employed and unemployed 
     workers in skills that are in shortage in high technology, 
     information technology, and biotechnology, including skills 
     needed for software and communications services, 
     telecommunications, systems installation and integration, 
     computers and communications hardware, advanced 
     manufacturing, health care technology, biotechnology and 
     biomedical research and manufacturing, and innovation 
     services.
       ``(ii) No more than 20 percent of the grants shall be 
     available to programs and projects that train employed and 
     unemployed workers for skills related to any H-1B skill 
     shortage.
       ``(E) H-1B skill shortage.--In subparagraph (D)(ii), the 
     term `H-1B skill shortage' means a shortage of skills 
     necessary for employment in a specialty occupation, as 
     defined in section 214(i) of the Immigration and Nationality 
     Act.
       ``(3) Start-up funds.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not more than 5 percent of any single grant, or not to exceed 
     $75,000, whichever is less, may be used toward the start-up 
     costs of partnerships or new training programs and projects.
       ``(B) Exception.--In the case of partnerships consisting 
     primarily of small businesses, not more than 10 percent of 
     any single grant, or $150,000, whichever is less, may be used 
     toward the start-up costs of partnerships or new training 
     programs and projects.
       ``(C) Duration of start-up period.--For purposes of this 
     subsection, a start-up period consists of a period of not 
     more than 2 months after the grant period begins, at which 
     time training shall immediately begin and no further Federal 
     funds may be used for start-up purposes.
       ``(4) Training outcomes.--
       ``(A) Consideration for certain programs and projects.--
     Consideration in the awarding of grants shall be given to 
     applicants that provide a specific, measurable commitment 
     upon successful completion of a training course, to--
       ``(i) hire or effectuate the hiring of unemployed trainees 
     (where applicable);
       ``(ii) increase the wages or salary of incumbent workers 
     (where applicable); and
       ``(iii) provide skill certifications to trainees or link 
     the training to industry-accepted occupational skill 
     standards, certificates, or licensing requirements.
       ``(B) Requirements for grant applications.--Applications 
     for grants shall--
       ``(i) articulate the level of skills that workers will be 
     trained for and the manner by which attainment of those 
     skills will be measured; and
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness.
       ``(5) Matching funds.--Each application for a grant to 
     carry out a program or project described in paragraph (1)(A) 
     shall state the manner by which the partnership will provide 
     non-Federal matching resources (cash, or in-kind 
     contributions, or both) equal to at least 50 percent of the 
     total grant amount awarded under paragraph (2)(A)(i), and at 
     least 100 percent of the total grant amount awarded under 
     paragraph (2)(A)(ii). At least one-half of the non-Federal 
     matching funds shall be from the business or businesses or 
     business-related nonprofit organizations involved. 
     Consideration in the award of grants shall be given to 
     applicants that provide a specific commitment or commitments 
     of resources from other public or private sources, or both, 
     so as to demonstrate the long-term sustainability of the 
     training program or project after the grant expires.
       ``(6) Administrative costs.--An entity that receives a 
     grant to carry out a program or project described in 
     paragraph (1)(A) may not use more than 10 percent of the 
     amount of the grant to pay for administrative costs 
     associated with the program or project.''.

     SEC. 12. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION 
                   INITIATIVE.

       (a) Short Title.--This section may be cited as the ``Kids 
     2000 Act''.
       (b) Findings.--Congress makes the following findings:
       (1) There is an increasing epidemic of juvenile crime 
     throughout the United States.
       (2) It is well documented that the majority of juvenile 
     crimes take place during after-school hours.
       (3) Knowledge of technology is becoming increasingly 
     necessary for children in school and out of school.
       (4) The Boys and Girls Clubs of America have 2,700 clubs 
     throughout all 50 States, serving over 3,000,000 boys and 
     girls primarily from at-risk communities.
       (5) The Boys and Girls Clubs of America have the physical 
     structures in place for immediate implementation of an after-
     school technology program.
       (6) Building technology centers and providing integrated 
     content and full-time staffing at those centers in the Boys 
     and Girls Clubs of America nationwide will help foster 
     education, job training, and an alternative to crime for at-
     risk youth.
       (7) Partnerships between the public sector and the private 
     sector are an effective way of providing after-school 
     technology programs in the Boys and Girls Clubs of America.
       (8) PowerUp: Bridging the Digital Divide is an entity 
     comprised of more than a dozen nonprofit organizations, major 
     corporations, and Federal agencies that have joined together 
     to launch a major new initiative to

[[Page S9522]]

     help ensure that America's underserved young people acquire 
     the skills, experiences, and resources they need to succeed 
     in the digital age.
       (9) Bringing PowerUp into the Boys and Girls Clubs of 
     America will be an effective way to ensure that our youth 
     have a safe, crime-free environment in which to learn the 
     technological skills they need to close the divide between 
     young people who have access to computer-based information 
     and technology-related skills and those who do not.
       (c) After-School Technology Grants to the Boys and Girls 
     Clubs of America.--
       (1) Purposes.--The Attorney General shall make grants to 
     the Boys and Girls Clubs of America for the purpose of 
     funding effective after-school technology programs, such as 
     PowerUp, in order to provide--
       (A) constructive technology-focused activities that are 
     part of a comprehensive program to provide access to 
     technology and technology training to youth during after-
     school hours, weekends, and school vacations;
       (B) supervised activities in safe environments for youth; 
     and
       (C) full-time staffing with teachers, tutors, and other 
     qualified personnel.
       (2) Subawards.--The Boys and Girls Clubs of America shall 
     make subawards to local boys and girls clubs authorizing 
     expenditures associated with providing technology programs 
     such as PowerUp, including the hiring of teachers and other 
     personnel, procurement of goods and services, including 
     computer equipment, or such other purposes as are approved by 
     the Attorney General.
       (d) Applications.--
       (1) Eligibility.--In order to be eligible to receive a 
     grant under this section, an applicant for a subaward 
     (specified in subsection (c)(2)) shall submit an application 
     to the Boys and Girls Clubs of America, in such form and 
     containing such information as the Attorney General may 
     reasonably require.
       (2) Application requirements.--Each application submitted 
     in accordance with paragraph (1) shall include--
       (A) a request for a subgrant to be used for the purposes of 
     this section;
       (B) a description of the communities to be served by the 
     grant, including the nature of juvenile crime, violence, and 
     drug use in the communities;
       (C) written assurances that Federal funds received under 
     this section will be used to supplement and not supplant, 
     non-Federal funds that would otherwise be available for 
     activities funded under this section;
       (D) written assurances that all activities funded under 
     this section will be supervised by qualified adults;
       (E) a plan for assuring that program activities will take 
     place in a secure environment that is free of crime and 
     drugs;
       (F) a plan outlining the utilization of content-based 
     programs such as PowerUp, and the provision of trained adult 
     personnel to supervise the after-school technology training; 
     and
       (G) any additional statistical or financial information 
     that the Boys and Girls Clubs of America may reasonably 
     require.
       (e) Grant Awards.--In awarding subgrants under this 
     section, the Boys and Girls Clubs of America shall consider--
       (1) the ability of the applicant to provide the intended 
     services;
       (2) the history and establishment of the applicant in 
     providing youth activities; and
       (3) the extent to which services will be provided in crime-
     prone areas and technologically underserved populations, and 
     efforts to achieve an equitable geographic distribution of 
     the grant awards.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated 
     $20,000,000 for each of the fiscal years 2001 through 2006 to 
     carry out this section.
       (2) Source of funds.--Funds to carry out this section may 
     be derived from the Violent Crime Reduction Trust Fund.
       (3) Continued availability.--Amounts made available under 
     this subsection shall remain available until expended.

     SEC. 13. SEVERABILITY.

       If any provision of this Act (or any amendment made by this 
     Act) or the application thereof to any person or circumstance 
     is held invalid, the remainder of the Act (and the amendments 
     made by this Act) and the application of such provision to 
     any other person or circumstance shall not be affected 
     thereby. This section shall be enacted one day after the 
     effective date.
                                 ______
                                 

                DISTRICT OF COLUMBIA APPROPRIATIONS 2001

                                 ______
                                 

               HUTCHISON (AND DURBIN) AMENDMENT NO. 4271

  Mr. LOTT (for Mrs. Hutchison (for herself and Mr. Durbin)) proposed 
an amendment to the bill (S. 3041) making appropriations for the 
government of the District of Columbia and other activities chargeable 
in whole or in part against the revenues of said District for the 
fiscal year ending September 30, 2001, and for other purposes; as 
follows:

       On page 8 at line 21, strike ``acquisition,''.
       On page 8 line 22, strike ``,lease, maintenance,''.
       On page 8 at line 22, strike ``operation'' and insert 
     ``hire''.
       On page 9 at line 2, strike ``108,527,000'' and insert 
     ``112,527,000'' and strike ``65,018,000'' and insert 
     ``67,521,000''.
       On page 9 at line 6, strike ``18,487,000'' and insert 
     ``18,778,000''.
       On page 9 at line 8, strike ``25,022,000'' and insert 
     ``26,228,000''.
       On page 10 following line 9 insert the following:

              ``Federal Payment for Brownfield Remediation

       ``For a Federal payment to the District of Columbia, 
     $3,450,000 for environmental and infrastructure costs at 
     Poplar Point: Provided, That of said amount, $2,150,000 shall 
     be available for environmental assessment, site remediation 
     and wetlands restoration of the eleven acres of real property 
     under the jurisdiction of the District of Columbia: Provided 
     further, That no more than $1,300,000 shall be used for 
     infrastructure costs for an entrance to Anacostia Park: 
     Provided further, That none of said funds shall be used by 
     the District of Columbia to purchase private property in the 
     Poplar Point area.''
       On page 11, line 1, after ``except'' strike ``for'' and 
     insert the following: ``as provided in section 450A of the 
     District of Columbia Home Rule Act and''.
       Strike all matter beginning on line 7 on page 13 after the 
     colon to and including line 16 on page 13.
       On page 20 at line 23, strike ``WSF'' and insert ``Weighted 
     Student Formula''.
       On page 23 at line 9, after ``clinics'' insert ``: Provided 
     further, That notwithstanding any other provision of law, the 
     District of Columbia may increase the Human Support Services 
     appropriation under this Act by an amount equal to not more 
     than 15% of the local funds in the appropriation in order to 
     augment the District of Columbia subsidy for the Public 
     Benefit Corporation for the purpose of restructuring the 
     delivery of health services in the District of Columbia 
     pursuant to a restructuring plan approved by the Mayor, 
     Council of the District of Columbia, District of Columbia 
     Financial responsibility and Management Assistance Authority, 
     and Chief Financial Officer''.
       Page 25, strike line 6 through line 17 of page 32 and 
     insert the following:

                                Reserve

       For a reserve to be established by the Chief Financial 
     Officer of the District of Columbia and the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority, $150,000,000 of local funds.
       Insert at the appropriate place under the heading relating 
     to ``Reserve Funds'' in the Senate bill the following:

                         Emergency Reserve Fund

       For the emergency reserve fund established under section 
     450A(a) of the District of Columbia Home Rule Act, the amount 
     provided for fiscal year 2001 under such section, to be 
     derived from local funds.
       Strike all matter beginning on line 9 on page 4 after 
     ``TO'' to and including line 10 on page 4 and insert 
     ``COVENANT HOUSE WASHINGTON''.
       Strike all matter beginning on line 11 on page 4 after 
     ``to'' through ``Services'' on line 12 on page 4 and insert 
     ``Covenant House Washington''.
       On page 43 at line 8, after ``reprogramming'' insert ``or 
     inter-appropriation transfer''.
       On page 43 at line 19, after ``less;'' strike ``or''.
       On page 43 at line 21, after ``center;'' insert ``or (8) 
     transfers an amount from one appropriation to another, 
     provided that the amount transferred shall not exceed 2 
     percent of the local funds in the appropriation''.
       On page 43 at line 24 after ``reprogramming'' insert ``or 
     inter-appropriation transfer''.

       On page 51 at line 22, after ``action'' insert ``or any 
     attorney who defends any action''.
       On page 52 at line 2, strike ``120'' and insert ``250''.
       On page 52 at line 6, strike ``120'' and insert ``250''.
       On page 52 at line 12, insert after ``Code'' the following: 
     ``; and,
       (3) in no case may the compensation limits in paragraphs 
     (1) and (2) exceed $2,500.''
       On page 52 at line 14, strike ``, District of Columbia 
     Financial Responsibility and Management Assistance 
     Authority''.
       On page 52 at line 20, after ``section'' insert ``to both 
     the attorney who represents the prevailing party and the 
     attorney who defends the action.''
       On page 81 at line 1, strike ``or'' and insert ``of''.
       Strike all matter beginning on line 4, page 73 over to and 
     including line 16 on page 80, and insert in lieu thereof the 
     following:


           appointment and duties of chief financial officer

       Sec. 143. (a) Appointment and Dismissal.--Section 424(b) of 
     the District of Columbia Home Rule Act (sec. 47-317.2, D.C. 
     Code) is amended--
       (1) in paragraph (1)(B), by adding at the end the 
     following: ``Upon confirmation by the Council, the name of 
     the Chief Financial Officer shall be submitted to the 
     Committees on Appropriations of the Senate and House of 
     Representatives, the Committee on Governmental Affairs of the 
     Senate, and the Committee on Government Reform of the House 
     of Representatives for a 30-day period of review and comment 
     before the appointment takes effect.''; and
       (2) in paragraph (2)(B), by striking the period at the end 
     and inserting the following:

[[Page S9523]]

     ``upon dismissal by the Mayor and approval of that dismissal 
     by a \2/3\ vote of the Council of the District of Columbia. 
     Upon approval of the dismissal by the Council, notice of the 
     dismissal shall be submitted to the Committees on 
     Appropriations of the Senate and House of Representatives, 
     the Committee on Governmental Affairs of the Senate, and the 
     Committee on Government Reform of the House of 
     Representatives for a 30-day period of review and comment 
     before the dismissal takes effect.''.
       (b) Functions.--
       (1) In general.--Section 424(c) of such Act (sec. 47-317.3, 
     D.C. Code) is amended--
       (A) in the heading, by striking ``During a Control Year'';
       (B) in the matter preceding paragraph (1), by striking 
     ``During a control year, the Chief Financial Officer'' and 
     inserting ``The Chief Financial Officer'';
       (C) in paragraph (1), by striking ``Preparing'' and 
     inserting ``During a control year, preparing'';
       (D) in paragraph (3), by striking ``Assuring'' and 
     inserting ``During a control year, assuring'';
       (E) in paragraph (5), by striking ``With the Approval'' and 
     all that follows through ``the Council--'' and inserting 
     ``Preparing and submitting to the Mayor and the Council, with 
     the approval of the Authority during a control year--'';
       (F) in paragraph (11), by striking ``or the Authority'' and 
     inserting ``(or by the Authority during a control year)''; 
     and
       (G) by adding at the end the following new paragraphs:
       ``(18) Exercising responsibility for the administration and 
     supervision of the District of Columbia Treasurer (except 
     that the Chief Financial Officer may delegate any portion of 
     such responsibility as the Chief Financial Officer considers 
     appropriate and consistent with efficiency).
       ``(19) Administering all borrowing programs of the District 
     government for the issuance of long-term and short-term 
     indebtedness.
       ``(20) Administering the cash management program of the 
     District government, including the investment of surplus 
     funds in governmental and non-governmental interest-bearing 
     securities and accounts.
       ``(21) Administering the centralized District government 
     payroll and retirement systems.
       ``(22) Governing the accounting policies and systems 
     applicable to the District government.
       ``(23) Preparing appropriate annual, quarterly, and monthly 
     financial reports of the accounting and financial operations 
     of the District government.
       ``(24) Not later than 120 days after the end of each fiscal 
     year, preparing the complete financial statement and report 
     on the activities of the District government for such fiscal 
     year, for the use of the Mayor under section 448(a)(4).''.
       (2) Conforming amendments.--Section 424 of such Act (sec. 
     47-317.1 et seq., D.C. Code) is amended--
       (A) by striking subsection (d);
       (B) in subsection (e)(2), by striking ``or subsection 
     (d)''; and
       (C) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively.
       Insert at the appropriate place the following new section:


                             reserve funds

       Sec. __. (a) Establishment of Reserve Funds.--
       (1) In general.--The District of Columbia Home Rule Act is 
     amended by inserting after section 450 the following new 
     section:


                            ``reserve funds

       ``Sec. 450A. (a) Emergency Reserve Fund.--
       ``(1) In general.--There is established an emergency cash 
     reserve fund (in this subsection referred to as the 
     `emergency reserve fund') as an interest-bearing account 
     (separate from other accounts in the General Fund) into which 
     the Mayor shall deposit in cash not later than February 15 of 
     each fiscal year (or not later than October 1, 2000, in the 
     case of fiscal year 2001) such amount as may be required to 
     maintain a balance in the fund of at least 4 percent of the 
     total budget appropriated for operating expenditures for such 
     fiscal year which is derived from local funds (or, in the 
     case of fiscal years prior to fiscal year 2004, such amount 
     as may be required to maintain a balance in the fund of at 
     least the minimum emergency reserve balance for such fiscal 
     year, as determined under paragraph (2)).
       ``(2) Determination of minimum emergency reserve balance.--
       ``(A) In general.--The `minimum emergency reserve balance' 
     with respect to a fiscal year is the amount equal to the 
     applicable percentage of the total budget appropriated for 
     operating expenditures for such fiscal year which is derived 
     from local funds.
       ``(B) Applicable percentage defined.--In subparagraph (A), 
     the `applicable percentage' with respect to a fiscal year 
     means the following:
       ``(i) For fiscal year 2001, 1 percent.
       ``(i) For fiscal year 2002, 2 percent.
       ``(i) For fiscal year 2003, 3 percent.
       ``(3) Interest.--Interest earned on the emergency reserve 
     fund shall remain in the account and shall only be withdrawn 
     in accordance with paragraph (4).
       ``(4) Criteria for use of amounts in emergency reserve 
     fund.--The Chief Financial Officer, in consultation with the 
     Mayor, shall develop a policy to govern the emergency reserve 
     fund which shall include (but which may not be limited to) 
     the following requirements:
       ``(A) The emergency reserve fund may be used to provide for 
     unanticipated and nonrecurring extraordinary needs of an 
     emergency nature, including a natural disaster or calamity as 
     defined by section 102 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (Public Law 100-707) or 
     unexpected obligations by Federal law.
       ``(B) The emergency reserve fund may also be used in the 
     event of a State of Emergency as declared by the Mayor 
     pursuant to section 5 of the District of Columbia Public 
     Emergency Act of 1980 (sec. 6-1504, D.C. Code).
       ``(C) The emergency reserve fund may not be used to fund--
       ``(i) any department, agency, or office of the Government 
     of the District of Columbia which is administered by a 
     receiver or other official appointed by a court;
       ``(ii) shortfalls in any projected reductions which are 
     included in the budget proposed by the District of Columbia 
     for the fiscal year; or
       ``(iii) settlements and judgments made by or against the 
     Government of the District of Columbia.
       ``(5) Allocation of emergency cash reserve funds.--Funds 
     may be allocated from the emergency reserve fund only after--
       ``(A) an analysis has been prepared by the Chief Financial 
     Officer of the availability of other sources of funding to 
     carry out the purposes of the allocation and the impact of 
     such allocation on the balance and integrity of the emergency 
     reserve fund; and
       ``(B) with respect to fiscal years beginning with fiscal 
     year 2005, the contingency reserve fund established by 
     subsection (b) has been projected by the Chief Financial 
     Officer to be exhausted at the time of the allocation.
       ``(6) Notice.--The Mayor, the Council, and (in the case of 
     a fiscal year which is a control year, as defined in section 
     305(4) of the District of Columbia Financial Responsibility 
     and Management Assistance Act of 1995) the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority shall notify the Committees on Appropriations of 
     the Senate and House of Representatives in writing not more 
     than 30 days after the expenditure of funds from the 
     emergency reserve fund.
       ``(7) Replenishment.--The District of Columbia shall 
     appropriate sufficient funds each fiscal year in the budget 
     process to replenish any amounts allocated from the emergency 
     reserve fund during the preceding fiscal year by the 
     following fiscal year. Once the emergency reserve equals 4 
     percent of total budget appropriated for operating 
     expenditures for the fiscal year, the District of Columbia 
     shall appropriate sufficient funds each fiscal year in the 
     budget process to replenish any amounts allocated from the 
     emergency reserve fund during the preceding year to maintain 
     a balance of at least 4 percent of total funds appropriated 
     for operating expenditures by the following fiscal year.
       ``(b) Contingency Reserve Fund.--
       ``(1) In general.--There is established a contingency cash 
     reserve fund (in this subsection referred to as the 
     `contingency reserve fund') as an interest-bearing account 
     (separate from other accounts in the General Fund) into which 
     the Mayor shall deposit in cash not later than October 1 of 
     each fiscal year (beginning with fiscal year 2005) such 
     amount as may be required to maintain a balance in the fund 
     of at least 3 percent of the total budget appropriated for 
     operating expenditures for such fiscal year which is derived 
     from local funds (or, in the case of fiscal years prior to 
     fiscal year 2007, such amount as may be required to maintain 
     a balance in the fund of at least the minimum contingency 
     reserve balance for such fiscal year, as determined under 
     paragraph (2)).
       ``(2) Determination of minimum contingency reserve 
     balance.--
       ``(A) In general.--The `minimum contingency reserve 
     balance' with respect to a fiscal year is the amount equal to 
     the applicable percentage of the total budget appropriated 
     for operating expenditures for such fiscal year which is 
     derived from local funds.
       ``(B) Applicable percentage defined.--In subparagraph (A), 
     the `applicable percentage' with respect to a fiscal year 
     means the following:
       ``(i) For fiscal year 2005, 1 percent.
       ``(ii) For fiscal year 2006, 2 percent.
       ``(3) Interest.--Interest earned on the contingency reserve 
     fund shall remain in the account and may only be withdrawn in 
     accordance with paragraph (4).
       ``(4) Criteria for use of amounts in contingency reserve 
     fund.--The Chief Financial Officer, in consultation with the 
     Mayor, shall develop a policy governing the use of the 
     contingency reserve fund which shall include (but which may 
     not be limited to) the following requirements:
       ``(A) The contingency reserve fund may only be used to 
     provide for nonrecurring or unforeseen needs that arise 
     during the fiscal year, including expenses associated with 
     unforeseen weather or other natural disasters, unexpected 
     obligations created by Federal law or new public safety or 
     health needs or requirements that have been identified after 
     the budget process has occurred, or opportunities to achieve 
     cost savings.
       ``(B) The contingency reserve fund may be used, if needed, 
     to cover revenue shortfalls experienced by the District 
     government for 3

[[Page S9524]]

     consecutive months (based on a 2 month rolling average) that 
     are 5 percent or more below the budget forecast.
       ``(C) The contingency reserve fund may not be used to fund 
     any shortfalls in any projected reductions which are included 
     in the budget proposed by the District of Columbia for the 
     fiscal year.
       ``(5) Allocation of contingency cash reserve.--Funds may be 
     allocated from the contingency reserve fund only after an 
     analysis has been prepared by the Chief Financial Officer of 
     the availability of other sources of funding to carry out the 
     purposes of the allocation and the impact of such allocation 
     on the balance and integrity of the contingency reserve fund.
       ``(6) Replenishment.--The District of Columbia shall 
     appropriate sufficient funds each fiscal year in the budget 
     process to replenish any amounts allocated from the 
     contingency reserve fund during the preceding fiscal year by 
     the following fiscal year. Once the contingency reserve 
     equals 3 percent of total funds appropriated for operating 
     expenditures, the District of Columbia shall appropriate 
     sufficient funds each fiscal year in the budget process to 
     replenish any amounts allocated from the contingency reserve 
     fund during the preceding year to maintain a balance of at 
     least 3 percent of total funds appropriated for operating 
     expenditures by the following fiscal year.
       ``(c) Quarterly Reports.--The Chief Financial Officer shall 
     submit a quarterly report to the Mayor, the Council, the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority (in the case of a fiscal year which is a 
     control year, as defined in section 305(4) of the District of 
     Columbia Financial Responsibility and Management Assistance 
     Act of 1995), and the Committees on Appropriations of the 
     Senate and House of Representatives that includes a monthly 
     statement on the balance and activities of the contingency 
     and emergency reserve funds.''.
       (2) Clerical amendment.--The table of contents for the 
     District of Columbia Home Rule Act is amended by inserting 
     after the item relating to section 450 the following new 
     item:

``Sec. 450A. Reserve funds.''.

       (b) Conforming Amendments.--
       (1) Current reserve fund.--Section 202(j) of the District 
     of Columbia Financial Responsibility and Management 
     Assistance Act of 1995 (sec. 47-392.2(j), D.C. Code) is 
     amended by striking ``Beginning with fiscal year 2000, the 
     plan or budget submitted pursuant to this Act'' and inserting 
     ``For each of the fiscal years 2000 through 2004, the budget 
     of the District government for the fiscal year''.
       (2) Positive fund balance.--Section 202(k) of such Act 
     (sec. 47-392.2(k), D.C. Code) is repealed.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect on October 1, 2000.
                                 ______
                                 

         COASTAL BARRIER RESOURCES REAUTHORIZATION ACT OF 2000

                                 ______
                                 

               SMITH OF NEW HAMPSHIRE AMENDMENT NO. 4272

  Mr. LOTT (for Mr. Smith of New Hampshire) proposed an amendment to 
the bill (S. 1752) to reauthorize and amend the Coastal Barrier 
Resources Act; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Coastal Barrier Resources 
     Reauthorization Act of 2000''.

     SEC. 2. GUIDELINES FOR CERTAIN RECOMMENDATIONS AND 
                   DETERMINATIONS.

       Section 4 of the Coastal Barrier Resources Act (16 U.S.C. 
     3503), as otherwise amended by this Act, is further amended 
     by adding at the end the following:
       ``(g) Guidelines for Certain Recommendations and 
     Determinations.--
       ``(1) In general.--In making any recommendation to the 
     Congress regarding the addition of any area to the System or 
     in determining whether, at the time of the inclusion of a 
     System unit within the System, a coastal barrier is 
     undeveloped, the Secretary shall consider whether within the 
     area--
       ``(A) the density of development is less than 1 structure 
     per 5 acres of land above mean high tide; and
       ``(B) there is existing infrastructure consisting of--
       ``(i) a road, with a reinforced road bed, to each lot or 
     building site in the area;
       ``(ii) a wastewater disposal system sufficient to serve 
     each lot or building site in the area;
       ``(iii) electric service for each lot or building site in 
     the area; and
       ``(iv) a fresh water supply for each lot or building site 
     in the area.
       ``(2) Structure defined.--In paragraph (1), the term 
     `structure' means a walled and roofed building, other than a 
     gas or liquid storage tank, that--
       ``(A) is principally above ground and affixed to a 
     permanent site, including a manufactured home on a permanent 
     foundation; and
       ``(B) covers an area of at least 200 square feet.
       ``(3) Savings clause.--Nothing in this subsection 
     supersedes the official maps referred to in subsection 
     (a).''.

     SEC. 3. VOLUNTARY ADDITIONS TO JOHN H. CHAFEE COASTAL BARRIER 
                   RESOURCES SYSTEM.

       (a) In General.--Section 4 of the Coastal Barrier Resources 
     Act (16 U.S.C. 3503) is amended by inserting after subsection 
     (c) the following:
       ``(d) Additions to System.--The Secretary may add a parcel 
     of real property to the System, if--
       ``(1) the owner of the parcel requests, in writing, that 
     the Secretary add the parcel to the System; and
       ``(2) the parcel is an undeveloped coastal barrier.''.
       (b) Technical Amendments Relating to Additions of Excess 
     Property.--
       (1) In general.--Section 4(d) of the Coastal Barrier 
     Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law 101-
     591)--
       (A) is redesignated and moved so as to appear as subsection 
     (e) of section 4 of the Coastal Barrier Resources Act (16 
     U.S.C. 3503); and
       (B) is amended--
       (i) in paragraph (1)--

       (I) by striking ``one hundred and eighty'' and inserting 
     ``180''; and
       (II) in subparagraph (B), by striking ``shall''; and

       (ii) in paragraph (2), by striking ``subsection (d)(1)(B)'' 
     and inserting ``paragraph (1)(B)''; and
       (iii) by striking paragraph (3).
       (2) Conforming amendments.--Section 4 of the Coastal 
     Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; Public 
     Law 101-591) is amended--
       (A) in subsection (b)(2), by striking ``subsection (d) of 
     this section'' and inserting ``section 4(e) of the Coastal 
     Barrier Resources Act (16 U.S.C. 3503(e))''; and
       (B) by striking subsection (f).
       (c) Additions to System.--Section 4 of the Coastal Barrier 
     Resources Act (16 U.S.C. 3503) is further amended by 
     inserting after subsection (e) (as added by subsection 
     (b)(1)) the following:
       ``(f) Maps.--The Secretary shall--
       ``(1) keep a map showing the location of each boundary 
     modification made under subsection (c) and of each parcel of 
     real property added to the System under subsection (d) or (e) 
     on file and available for public inspection in the Office of 
     the Director of the United States Fish and Wildlife Service 
     and in such other offices of the Service as the Director 
     considers appropriate;
       ``(2) provide a copy of the map to--
       ``(A) the State and unit of local government in which the 
     property is located;
       ``(B) the Committees; and
       ``(C) the Federal Emergency Management Agency; and
       ``(3) revise the maps referred to in subsection (a) to 
     reflect each boundary modification under subsection (c) and 
     each addition of real property to the System under subsection 
     (d) or (e), after publishing in the Federal Register a notice 
     of any such proposed revision.''.
       (d) Conforming Amendment.--Section 4(a) of the Coastal 
     Barrier Resources Act (16 U.S.C. 3503(a)) is amended by 
     striking ``which shall consist of'' and all that follows and 
     inserting the following: ``which shall consist of those 
     undeveloped coastal barriers and other areas located on the 
     coasts of the United States that are identified and generally 
     depicted on the maps on file with the Secretary entitled 
     `Coastal Barrier Resources System', dated October 24, 1990, 
     as those maps may be modified, revised, or corrected under--
       ``(1) subsection (f)(3);
       ``(2) section 4 of the Coastal Barrier Improvement Act of 
     1990 (16 U.S.C. 3503 note; Public Law 101-591); or
       ``(3) any other provision of law enacted on or after 
     November 16, 1990, that specifically authorizes the 
     modification, revision, or correction.''.

     SEC. 4. CLERICAL AMENDMENTS.

       (a) Coastal Barrier Resources Act.--The Coastal Barrier 
     Resources Act (16 U.S.C. 3501 et seq.) is amended--
       (1) in section 3(2) (16 U.S.C. 3502(2)), by striking 
     ``refers to the Committee on Merchant Marine and Fisheries'' 
     and inserting ``means the Committee on Resources'';
       (2) in section 3(3) (16 U.S.C. 3502(3)), in the matter 
     following subparagraph (D), by striking ``Effective October 
     1, 1983, such'' and inserting ``Such''; and
       (3) by repealing section 10 (16 U.S.C. 3509).
       (b) Coastal Barrier Improvement Act of 1990.--Section 8 of 
     the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 
     note; Public Law 101-591) is repealed.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       Section 12 of the Coastal Barrier Resources Act (16 U.S.C. 
     3510) is redesignated as section 10, moved to appear after 
     section 9, and amended to read as follows:

     ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to the Secretary 
     to carry out this Act $2,000,000 for each of fiscal years 
     2001, 2002, 2003, 2004, and 2005.''.

     SEC. 6. DIGITAL MAPPING PILOT PROJECT.

       (a) In General.--
       (1) Project.--The Secretary of the Interior (referred to in 
     this section as the ``Secretary''), in consultation with the 
     Director of the Federal Emergency Management Agency, shall 
     carry out a pilot project to determine the feasibility and 
     cost of creating digital versions of the John H. Chafee 
     Coastal Barrier Resources System maps referred to in section 
     4(a) of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)) 
     (as amended by section 3(d)).
       (2) Number of units.--The pilot project shall consist of 
     the creation of digital maps

[[Page S9525]]

     for no more than 75 units and no fewer than 50 units of the 
     John H. Chafee Coastal Barrier Resources System (referred to 
     in this section as the ``System''), 1/3 of which shall be 
     otherwise protected areas (as defined in section 12 of the 
     Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; 
     Public Law 101-591)).
       (b) Data.--
       (1) Use of existing data.--To the maximum extent 
     practicable, in carrying out the pilot project under this 
     section, the Secretary shall use digital spatial data in the 
     possession of State, local, and Federal agencies including 
     digital orthophotos, and shoreline, elevation, and 
     bathymetric data.
       (2) Provision of data by other agencies.--The head of a 
     Federal agency that possesses data referred to in paragraph 
     (1) shall, upon request of the Secretary, promptly provide 
     the data to the Secretary at no cost.
       (3) Additional data.--If the Secretary determines that data 
     necessary to carry out the pilot project under this section 
     do not exist, the Secretary shall enter into an agreement 
     with the Director of the United States Geological Survey 
     under which the Director shall obtain, in cooperation with 
     other Federal agencies, as appropriate, and provide to the 
     Secretary the data required to carry out this section.
       (4) Data standards.--All data used or created to carry out 
     this section shall comply with--
       (A) the National Spatial Data Infrastructure established by 
     Executive Order 12906 (59 Fed. Reg. 17671 (April 13, 1994)); 
     and
       (B) any other standards established by the Federal 
     Geographic Data Committee established by Office of Management 
     and Budget Circular A-16.
       (c) Digital Maps Not Controlling.--Any determination as to 
     whether a location is inside or outside the System shall be 
     made without regard to the digital maps created under this 
     section.
       (d) Report.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Resources of the House of Representatives a 
     report that describes the results of the pilot project and 
     the feasibility, data needs, and costs of completing digital 
     maps for the entire System.
       (2) Contents.--The report shall include a description of--
       (A) the cooperative agreements that would be necessary to 
     complete digital mapping of the entire System;
       (B) the extent to which the data necessary to complete 
     digital mapping of the entire System are available;
       (C) the need for additional data to complete digital 
     mapping of the entire System;
       (D) the extent to which the boundary lines on the digital 
     maps differ from the boundary lines on the original maps; and
       (E) the amount of funding necessary to complete digital 
     mapping of the entire System.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $500,000 for each of fiscal years 2002 through 2004.

     SEC. 7. ECONOMIC ASSESSMENT OF JOHN H. CHAFEE COASTAL BARRIER 
                   RESOURCES SYSTEM.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     submit to the Committee on Environment and Public Works of 
     the Senate and the Committee on Resources of the House of 
     Representatives an economic assessment of the John H. Chafee 
     Coastal Barrier Resources System.
       (b) Required Elements.--The assessment shall consider the 
     impact on Federal expenditures of the Coastal Barrier 
     Resources Act (16 U.S.C. 3501 et seq.), including impacts 
     resulting from the avoidance of Federal expenditures for--
       (1) disaster relief under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
       (2) the national flood insurance program established under 
     chapter 1 of the National Flood Insurance Act of 1968 (42 
     U.S.C. 4011 et seq.); and
       (3) development assistance for roads, potable water 
     supplies, and wastewater infrastructure.

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