[Congressional Record Volume 150, Number 134 (Friday, November 19, 2004)]
[Senate]
[Pages S11651-S11653]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4068. Mr. CRAIG (for Mr. Campbell) proposed an amendment to the 
bill S. 1438, to provide for equitable compensation to the Spokane 
Tribe of Indians of the Spokane Reservation for the use of tribal land 
for the production of hydropower by the Grand Coulee Dam, and for other 
purposes; as follows:

       In section 9(c), redesignate paragraph (3) as paragraph 
     (4).
       In section 9(c), after paragraph (2), insert the following:
       (3) Retention of national park system status.--
       (A) In general.--Land transferred under this section that, 
     before the date of enactment of this Act, was included in the 
     Lake Roosevelt National Recreation Area shall remain part of 
     the Recreation Area.
       (B) Administration.--Nothing in this section affects the 
     authority or responsibility of the National Park Service to 
     administer the Lake Roosevelt National Recreation Area under 
     the Act of August 25, 1916 (39 Stat. 535, chapter 408; 16 
     U.S.C. 1 et seq.).
       On page 23, Section 6, after line 13 insert the following:
       (c) Payment Recovery.--Pursuant to the payment schedule in 
     subsection (b), the Administrator shall make commensurate 
     cost reductions in expenditures on an annual basis to recover 
     each payment to the Tribe. The Administrator shall include 
     this specific cost reduction plan in the annual budget 
     submitted to Congress.
       On page 28, after line 3, insert the following:
       Sec. 12. Precedent.--Nothing in this Act establishes any 
     precedent or is binding on the Southwestern Power 
     Administration, Western Area Power Administration, or 
     Southeastern Power Administration.
                                 ______
                                 
  SA 4069. Mr. CRAIG (for Mr. Campbell) proposed an amendment to the 
resolution S. Res. 248, expressing the sense of the Senate concerning 
the individual Indian money account trust fund lawsuit; as follows:

       Strike all after the resolving clause and insert the 
     following:

     SECTION 1. SENSE OF THE SENATE.

       It is the sense of the Senate that--
       (1) the interests of the Indian beneficiaries and the 
     United States would best be served by a voluntary alternative 
     dispute resolution process, not limited to mediation, that 
     will lead to a full, fair, and final resolution of potential 
     individual Indian money account claims; and
       (2) Federal legislation may be necessary to ensure a full, 
     fair, and final resolution of the class action litigation.
                                 ______
                                 
  SA 4070. Mr. CRAIG (for Mr. Campbell) proposed an amendment to the 
resolution S. Res. 248, expressing the sense of the Senate concerning 
the individual Indian money account trust fund lawsuit; as follows:

       Strike the preamble and insert the following:
       Whereas, since the 19th century, the United States has held 
     Indian funds and resources in trust for the benefit of 
     Indians, and in its capacity as trustee, is obligated to 
     protect those funds and resources;
       Whereas the Senate reaffirms that in continuing to hold and 
     manage Indian funds and resources for the benefit of the 
     Indians, the United States must act in accordance with all 
     applicable standards and duties of care;
       Whereas, in 1996, a class action was brought against the 
     United States seeking an accounting of balances of individual 
     Indian money accounts and rehabilitation of the trust system;
       Whereas after 8 years of litigation and the expenditure of 
     tens of millions of dollars in Federal funds, the Senate 
     believes that there is a demonstrated need to assist and 
     encourage the parties in reaching a full, fair, and final 
     resolution to the class action litigation; and
       Whereas the resolution of the class action litigation may 
     be achieved through alternative dispute resolution processes, 
     including mediation: Now, therefore, be it
                                 ______
                                 
  SA 4071. Mr. SESSIONS (for Mr. Lugar) proposed an amendment to the 
bill H.R. 2655, to amend and extend the Irish Peace Process Cultural 
and Training Program Act of 1998; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. AMENDMENT AND EXTENSION OF IRISH PEACE PROCESS 
                   CULTURAL AND TRAINING PROGRAM.

       (a) Irish Peace Process Cultural and Training Program 
     Act.--
       (1) Program participant requirements.--Section 2(a) of the 
     Irish Peace Process Cultural and Training Program Act of 1998 
     (8 U.S.C. 1101 note) is amended by adding at the end the 
     following:
       ``(5) Program participant requirements.--An alien entering 
     the United States as a participant in the program shall 
     satisfy the following requirements:
       ``(A) The alien shall be a citizen of the United Kingdom or 
     the Republic of Ireland.
       ``(B) The alien shall be between 21 and 35 years of age on 
     the date of departure for the United States.
       ``(C) The alien shall have resided continuously in a 
     designated county for not less than 18 months before such 
     date.
       ``(D) The alien shall have been continuously unemployed for 
     not less than 12 months before such date.

[[Page S11652]]

       ``(E) The alien may not have a degree from an institution 
     of higher education.''.
       (2) Extension of program.--Section 2 of the Irish Peace 
     Process Cultural and Training Program Act of 1998 (8 U.S.C. 
     1101 note) is amended--
       (A) in subsection (a)(3), by striking ``the third program 
     year and for the 4 subsequent years,'' and inserting ``each 
     program year,''; and
       (B) by amending subsection (d) to read as follows:
       ``(d) Sunset.--
       ``(1) Effective October 1, 2008, the Irish Peace Process 
     Cultural and Training Program Act of 1998 is repealed.
       ``(2) Effective October 1, 2008, section 101(a)(15)(Q) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Q)) 
     is amended--
       ``(A) by striking `or' at the end of clause (i);
       ``(B) by striking `(i)' after `(Q)'; and
       ``(C) by striking clause (ii).''.
       (3) Cost-sharing.--Section 2 of the Irish Peace Process 
     Cultural and Training Program Act of 1998 (8 U.S.C. 1101 
     note), as amended by paragraph (2), is further amended--
       (A) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (B) by inserting after subsection (b), the following new 
     subsection:
       ``(c) Cost-sharing.--The Secretary of State shall verify 
     that the United Kingdom and the Republic of Ireland continue 
     to pay a reasonable share of the costs of the administration 
     of the cultural and training programs carried out pursuant to 
     this Act.''.
       (4) Technical amendments.--The Irish Peace Process Cultural 
     and Training Program Act of 1998 (8 U.S.C. 1101 note) is 
     amended--
       (A) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (B) by striking ``Immigration and Naturalization Service'' 
     each place such term appears and inserting ``Department of 
     Homeland Security''.
       (b) Immigration and Nationality Act.--
       (1) Requirements for nonimmigrant status.--Section 
     101(a)(15)(Q) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(Q)) is amended--
       (A) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (B) in clause (ii)(I)--
       (i) by striking ``35 years of age or younger having a 
     residence'' and inserting ``citizen of the United Kingdom or 
     the Republic of Ireland, 21 to 35 years of age, unemployed 
     for not less than 12 months, and having a residence for not 
     less than 18 months''; and
       (ii) by striking ``36 months)'' and inserting ``24 
     months)''.
       (2) Foreign residence requirement.--Section 212 of the 
     Immigration and Nationality Act (8 U.S.C. 1182) is amended--
       (A) by redesignating the subsection (p) as added by section 
     1505(f) of Public Law 106-386 (114 Stat. 1526) as subsection 
     (s); and
       (B) by adding at the end the following:
       ``(t)(1) Except as provided in paragraph (2), no person 
     admitted under section 101(a)(15)(Q)(ii)(I), or acquiring 
     such status after admission, shall be eligible to apply for 
     nonimmigrant status, an immigrant visa, or permanent 
     residence under this Act until it is established that such 
     person has resided and been physically present in the 
     person's country of nationality or last residence for an 
     aggregate of at least 2 years following departure from the 
     United States.
       ``(2) The Secretary of Homeland Security may waive the 
     requirement of such 2-year foreign residence abroad if the 
     Secretary determines that--
       ``(A) departure from the United States would impose 
     exceptional hardship upon the alien's spouse or child (if 
     such spouse or child is a citizen of the United States or an 
     alien lawfully admitted for permanent residence); or
       ``(B) the admission of the alien is in the public interest 
     or the national interest of the United States.''.
                                 ______
                                 
  SA 4072. Mr. SESSIONS ( for Mr. Leahy (for himself, Mr. Schumer, Mr. 
Lott, Mr. Hatch, and Mr. Cornyn)) proposed an amendment to the bill S. 
2873, to extend the authority of the United States District Court for 
the Southern District of Iowa to hold court in Rock Island, Illinois; 
as follows:

       At the end of the bill add the following:

     SEC. 2. HOLDING OF COURT AT CLEVELAND, MISSISSIPPI.

       Section 104(a)(3) of title 28, United States Code, is 
     amended in the second sentence by inserting ``and Cleveland'' 
     after ``Clarksdale''.

     SEC. 3. PLACE OF HOLDING COURT IN TEXARKANA, TEXAS, AND 
                   TEXARKANA, ARKANSAS.

       Sections 83(b)(1) and 124(c)(5) of title 28, United States 
     Code, are each amended by inserting after ``held at 
     Texarkana'' the following: ``, and may be held anywhere 
     within the Federal courthouse in Texarkana that is located 
     astride the State line between Texas and Arkansas''.

     SEC. 4. PLACE OF HOLDING COURT IN THE NORTHERN DISTRICT OF 
                   NEW YORK.

       Section 112(a) of title 28, United States Code, is amended 
     by striking ``and Watertown'' and inserting ``Watertown, and 
     Plattsburgh''.

     SEC. 5. PLACE OF HOLDING COURT IN THE DISTRICT OF COLORADO.

       Section 85 of title 28, United States Code, is amended by 
     inserting ``Colorado Springs,'' after ``Boulder,''.
                                 ______
                                 
  SA 4073. Mr. SESSIONS (for Mr. Dorgan) proposed an amendment to the 
bill S. 2154, to establish a National sex offender registration 
database, and for other purposes; as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Dru Sjodin National Sex 
     Offender Public Database Act of 2004'' or ``Dru's Law''.

     SEC. 2. DEFINITION.

       In this Act:
       (1) Criminal offense against a victim who is a minor.--The 
     term ``criminal offense against a victim who is a minor'' has 
     the same meaning as in section 170101(a)(3) of the Jacob 
     Wetterling Crimes Against Children and Sexually Violent 
     Offender Registration Act (42 U.S.C. 14071(a)(3)).
       (2) Minimally sufficient sexual offender registration 
     program.--The term ``minimally sufficient sexual offender 
     registration program'' has the same meaning as in section 
     170102(a) of the Jacob Wetterling Crimes Against Children and 
     Sexually Violent Offender Registration Act (42 U.S.C. 
     14072(a)).
       (3) Sexually violent offense.--The term ``sexually violent 
     offense'' has the same meaning as in section 170101(a)(3) of 
     the Jacob Wetterling Crimes Against Children and Sexually 
     Violent Offender Registration Act (42 U.S.C. 14071(a)(3)).
       (4) Sexually violent predator.--The term ``sexually violent 
     predator'' has the same meaning as in section 170102(a) of 
     the Jacob Wetterling Crimes Against Children and Sexually 
     Violent Offender Registration Act (42 U.S.C. 14072(a)).

     SEC. 3. AVAILABILITY OF THE NSOR DATABASE TO THE PUBLIC.

       (a) In General.--The Attorney General shall--
       (1) make publicly available in a registry (in this Act 
     referred to as the ``public registry'') from information 
     contained in the the National Sex Offender Registry, via the 
     Internet, all information described in subsection (b); and
       (2) allow for users of the public registry to determine 
     which registered sex offenders are currently residing within 
     a radius, as specified by the user of the public registry, of 
     the location indicated by the user of the public registry.
       (b) Information Available in Public Registry.--With respect 
     to any person convicted of a criminal offense against a 
     victim who is a minor or a sexually violent offense, or any 
     sexually violent predator, required to register with a 
     minimally sufficient sexual offender registration program 
     within a State, including a program established under section 
     170101 of the Jacob Wetterling Crimes Against Children and 
     Sexually Violent Offender Registration Act (42 U.S.C. 
     14017(b)), the public registry shall provide, to the extent 
     available in the National Sex Offender Registry--
       (1) the name and any known aliases of the person;
       (2) the date of birth of the person;
       (3) the current address of the person and any subsequent 
     changes of that address;
       (4) a physical description and current photograph of the 
     person;
       (5) the nature of and date of commission of the offense by 
     the person;
       (6) the date on which the person is released from prison, 
     or placed on parole, supervised release, or probation; and
       (7) any other information the Attorney General considers 
     appropriate.

     SEC. 4. RELEASE OF HIGH RISK INMATES.

       (a) Civil Commitment Proceedings.--
       (1) In general.--Any State that provides for a civil 
     commitment proceeding, or any equivalent proceeding, shall 
     issue timely notice to the attorney general of that State of 
     the impending release of any person incarcerated by the State 
     who--
       (A) is a sexually violent predator; or
       (B) has been deemed by the State to be at high-risk for 
     recommitting any sexually violent offense or criminal offense 
     against a victim who is a minor.
       (2) Review.--Upon receiving notice under paragraph (1), the 
     State attorney general shall consider whether or not to 
     institute a civil commitment proceeding, or any equivalent 
     proceeding required under State law.
       (b) Monitoring of Released Persons.--
       (1) In general.--Each State shall intensively monitor, for 
     not less than 1 year, any person described under paragraph 
     (2) who--
       (A) has been unconditionally released from incarceration by 
     the State; and
       (B) has not been civilly committed pursuant to a civil 
     commitment proceeding, or any equivalent proceeding under 
     State law.
       (2) Applicability.--Paragraph (1) shall apply to--
       (A) any sexually violent predator; or
       (B) any person who has been deemed by the State to be at 
     high-risk for recommitting any sexually violent offense or 
     criminal offense against a victim who is a minor.
       (c) Compliance.--
       (1) Compliance date.--Each State shall have not more than 3 
     years from the date of enactment of this Act in which to 
     implement the requirements of this section.
       (2) Ineligibility for funds.--A State that fails to 
     implement the requirements of this section, shall not receive 
     25 percent of the funds that would otherwise be allocated to

[[Page S11653]]

     the State under section 20106(b) of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13706(b)).
       (3) Reallocation of funds.--Any funds that are not 
     allocated for failure to comply with this section shall be 
     reallocated to States that comply with this section.

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