[Congressional Record (Bound Edition), Volume 146 (2000), Part 14]
[Senate]
[Pages 19635-19696]
[From the U.S. Government Publishing Office, www.gpo.gov]



          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DASCHLE (for Mrs. Feinstein):
  S. 3117. A bill to establish an Office of Children's Services within 
the Department of Justice to coordinate and implement Government 
actions involving unaccompanied alien children to ensure that their 
best interests are held paramount in immigration proceedings and 
actions involving them; to prescribe standards for their custody, 
release, and detention; to improve policies for their permanent 
protection; and for other purposes; to the Committee on the Judiciary.


            UNACCOMPANIED ALIEN CHILD PROTECTION ACT OF 2000

  (At the request of Mr. Daschle, the following statement was ordered 
to be printed in the Record.)
 Mrs. FEINSTEIN. Mr. President, I rise today to introduce 
legislation to change the way unaccompanied immigrant children are 
treated while in the custody of the Immigration and Naturalization 
Service (INS). The Unaccompanied Alien Child Protection Act of 2000 
would ensure that the federal government addresses the special needs of 
thousands of unaccompanied alien children who enter the U.S. It would 
ensure that these children have a fair opportunity to obtain 
humanitarian relief when eligible.
  Central throughout this legislation are two concepts:
  (1) The United States government has a special responsibility to 
protect unaccompanied children in its custody; and
  (2) In all proceedings and actions, the government must have as its 
paramount priority the protection of the best interests of the child.
  The Unaccompanied Alien Child Protection Act of 2000 would ensure 
that children who are apprehended by the INS are treated humanely and 
appropriately by transferring jurisdiction over the welfare of 
unaccompanied minors from the INS Detention and Deportation division to 
a newly created Office of Children Services within the INS.
  This legislation would also centralize responsibility for the care 
and custody of unaccompanied children in a new Office of Children's 
Services. By doing so, the legislation would resolve the conflict of 
interest inherent in the current system--that is, the INS retains 
custody of children and is charged with their care while, at the same 
time, it seeks their deportation.
  Under this bill, the Office of Children's Services would be required 
to establish standards for the custody, release, and detention of 
children, ensuring that children are housed in appropriate shelters or 
foster care rather than juvenile jails. In 1999, the INS held some 
2,000 children in juvenile jails even though they had never committed a 
crime. Equally as important, the bill would require the Office to 
establish clear guidelines and uniformity for detention alternatives 
such as shelter care, foster care, and other child custody 
arrangements.
  The bill would strengthen options for the permanent protection of 
alien children in the United States, including providing asylum or 
adjustment of status to those who qualify.
  Finally, the Unaccompanied Alien Child Protection Act would provide 
unaccompanied minors with access to legal counsel, who would ensure 
that the children appear at all immigration proceedings and assist them 
as the INS and immigration court considers their cases. The bill would 
also provide access to a guardian ad litem to ensure that they are 
properly placed in a safe environment. The guardian ad litem would also 
make sure that the child's attorney is, in fact, operating in his or 
her best interest.
  Let me turn for a moment to the issue of access to counsel. Children, 
even more than adults, have immense difficulty tackling the 
complexities of the asylum system without the assistance of counsel. 
Despite this reality, most children in INS detention are unrepresented. 
Without legal representation, children are at risk of being returned to 
their home countries where they may face further human rights abuses.

[[Page 19636]]

  I am aware of two cases that demonstrate the compelling need for 
counsel on behalf of these children. The first case involves two 17-
year-old boys from China. Li and Wang were apprehended on an island 
near Guam and have been in INS custody for 16 months. During their 
detention on Guam, the two boys testified in federal court against the 
smugglers who brought them to Guam. In their testimony, they described 
being beaten by the smugglers even before leaving China, and stated 
that others were beaten during the trip to Guam. In the spring of 2000, 
the two boys were brought to a corrections facility in Los Angeles and 
are currently being held in the INS section of that facility. This is 
where the similarity in their cases end.
  While both of the boys would face danger from the smugglers if they 
returned to China because of their testimony, only one was granted 
asylum. Li applied for asylum and was denied. He was not represented by 
counsel at his hearing. Despite the fact that the INS trial attorney 
mentioned that Li had testified in federal court against the smugglers, 
the judge did not include this information in her decision on the 
claim. Luckily for Li, an attorney overheard the hearing, and after 
speaking with Li, agreed to appeal his asylum claim. Li is still being 
held in a Los Angeles corrections facility. The story is different for 
Wang. Wang had an attorney and won his asylum hearing. But INS is 
appealing the decision so Wang still sits in a Los Angeles corrections 
facility, too.
  These cases demonstrate the pressing need of legal representation for 
children. Li may have won his asylum claim if he had been represented 
by counsel and if the evidence regarding his testimony in federal court 
had been incorporated into his asylum claim. Instead, a 17-year-old boy 
unfamiliar with our immigration system and our language was forced to 
navigate the tricky court system alone.
  According to Human Rights Watch, children detained by the INS, 
whether in secure detention or less restrictive settings, often have 
great difficulty obtaining information about their legal rights. On a 
visit to the Berks facility in 1998, Human Rights Watch staff found 
that none of the children they interviewed had received information 
about their rights or available legal services from either the INS or 
the facility's staff. Neither could local INS or facility staff 
identify how these children might receive this information.
  In one way or another, we have been affected by the six-year-old 
shipwreck survivor from Cuba, Elian Gonzalez. His tragic story brought 
to light the plight of numerous other youngsters who find their way to 
the United States, unaccompanied by an adult and, in many cases, 
traumatized by the experiences provoking their flight.
  Unaccompanied alien children are among the most vulnerable of the 
immigrant population; many have entered the country under traumatic 
circumstances. They are unable to protect themselves adequately from 
danger. Because of their youth and the fact that they are alone, they 
are often subject to abuse or exploitation.
  Because of their age and inexperience, unaccompanied alien children 
are not able to articulate their fears, their views, or testify to 
their needs as accurately as adults can. Despite these facts, U.S. 
immigration laws and policies have been developed and implemented 
without careful attention to their effect on children, particularly on 
unaccompanied alien children.
  Each year, the INS detains more than 5,000 children nationwide. They 
are apprehended for not having proper documentation at the ports-of-
entry for entering the United States. Their detention may last for 
months--and sometimes for years--as they undergo complex immigration 
proceedings.
  Under current immigration law, these children are forced to struggle 
through a system designed primarily for adults, even though they lack 
the capacity to understand nuanced legal principles and procedures. 
Children who may very well be eligible for relief are often vulnerable 
to being deported back to the very abuses they fled before they are 
able to make their case before the INS or an immigration judge.
  Under current law, the INS is responsible for the apprehension, 
detention, care, placement, legal protection, and deportation of 
unaccompanied children. I believe that these are conflicting 
responsibilities that undercut the best interests of the child. Too 
often, the INS has fallen short in fulfilling the protection side of 
the these responsibilities.
  The INS uses a variety of facilities to house children. Some are held 
in children's shelters in which children are offered some of the 
services they need but still may experience prolonged detention, lack 
of access to counsel, and other troubling conditions.
  The INS relies on juvenile correctional facilities to house many 
children, even in the absence of any criminal wrongdoing. Today, one 
out of every three children in INS custody is detained in secure, jail-
like facilities. These facilities are highly inappropriate, 
particularly for children who have already experienced trauma in their 
homelands.
  There is currently no provision of federal law providing guidance for 
the placement of unaccompanied alien children. In 1987, the Flores v. 
Reno settlement agreement on behalf of minors in INS detention 
established the nationwide policy for the detention, release, and 
treatment of children in the custody of INS. The Flores agreement 
requires that the INS treat minors with dignity, respect, and special 
concern for their particular vulnerability. It also requires the INS to 
place each detained minor in the least restrictive setting appropriate 
to the child's age and special needs.
  In response to Flores, the INS issued regulations that permitted its 
officers to detain children in secure facilities only in limited 
circumstances. The INS officers were required to provide written notice 
to the child of the reasons for such placement. More importantly, the 
regulations required the INS to segregate immigration detainees from 
juvenile criminal offenders.
  Although INS officials have contended that these children are placed 
in these facilities largely because they are charged with other 
offenses, the INS statistics do not bear out this claim. In fiscal year 
1999, only 19 percent of the children placed in secure detention were 
chargeable or adjudicated as delinquents.
  According to non-governmental organizations (NGOs) such as Human 
Rights Watch and the Women's Commission on Refugee Women and Children, 
the INS regularly violates these regulations. The NGOs contend that too 
often children are placed in jail-like facilities for seemingly 
arbitrary reasons, seldom notified of the reasons why, and forced to 
share rooms and have extensive contact with convicted juvenile 
offenders.
  I was also astonished to learn that many of these children, some as 
young as four and five years old, are placed behind multiple layers of 
locked doors, surrounded by walls and barbed wire. They are strip 
searched, patted down, placed in solitary confinement for punishment, 
forced to wear prison uniforms and shackles, and are forbidden to keep 
personal objects. Often they have no one to speak with because of the 
language barrier.
  The Unaccompanied Alien Child Protection Act of 2000 would ensure 
that the particular needs of the thousands of unaccompanied alien 
children who enter INS custody each year are met and that these 
children have a fair opportunity to obtain immigration relief when 
eligible.
  In 1999, the INS held approximately 4,600 children under the age of 
18 in its custody. Some of these children fled human rights abuses or 
armed conflict in their home countries, some were victims of child 
abuse or had otherwise lost the support and protection of their 
families, some came to the United States to join family members, and 
some came to escape economic deprivation.
  Many of these children came from troubled countries around the world, 
including the Peoples Republic of China, Honduras, Afghanistan, 
Somalia, Sierra Leone, Colombia, Guatemala, Cuba, former Yugoslavia, 
and

[[Page 19637]]

others. They range in age from toddlers to teenagers. Some traveled to 
the United States alone, while others were accompanied by unrelated 
adults.
  Sadly, a significant number are victims of smuggling or trafficking 
rings. In one recent instance, Phanupong Khaisri, a two-year-old Thai 
child, was brought to the U.S. by two individuals falsely claiming to 
be his parents, but who were actually part of a major alien trafficking 
ring. The INS was prepared to deport the child back to Thailand. It was 
not until Members of Congress and the local Thai community had 
intervened, however, that the INS decided to allow the child to remain 
in the U.S. until the agency could provide proper medical attention and 
determine what course of action would be in his best interest. Now his 
case is before a federal district court judge who will determine 
whether he should be eligible to apply for asylum.
  The Unaccompanied Alien Child Protection Act aims to prevent 
situations like this from recurring by centralizing the care and 
custody of unaccompanied children into a new Office of Children's 
Services within the INS, but outside the jurisdiction of the District 
Directors. By doing so, the Act resolves the conflict of interest 
inherent in the current system--that is, the INS retains custody of 
children and is charged with their care while, at the same time, it 
seeks their deportation.
  I would like to take a moment to share with you a few other examples 
of how the federal government has fallen short in the manner in which 
we handle vulnerable unaccompanied minors. One would think that our 
country would treat unaccompanied minors with the sensitivity and care 
their situations demands. Unfortunately, in too many instances, that 
has not been the case. Too often, these children are often treated like 
adults and, under the worst circumstances, like criminals.
  Xaio Ling, a young girl from China who spoke no English, was detained 
by the INS at the Berks County Juvenile Detention Center. The INS 
placed her among children guilty of violent crimes, including rape and 
murder. Xaio was never guilty of any crime, and yet she slept in a 
small concrete cell, was subjected to humiliating strip searches, and 
forced to wear handcuffs. She was forbidden to keep any of her clothes 
or possessions and, under the policies of the Berks Center, Xaio was 
not allowed to laugh.
  Imagine the fear this child had: thrust into a system she did not 
understand, given no legal aid, placed in jail that housed juveniles 
with serious criminal convictions, including murder, car jacking, rape, 
and drug trafficking. She did not speak English and was unable to speak 
to any staff who knew her language, and she had to submit to strip 
searches. It is hard to believe that our country would have allowed 
this innocent child to be treated in such a horrible manner.
  Situations like that of the young Chinese girl make a compelling case 
for a change in the way our nation treats unaccompanied alien children. 
Under the legislation I have introduced today, this youngster would 
never have been placed in a detention center with criminal offenders. 
Rather, she would have immediately been placed in shelter care, foster 
care, or a home more appropriate for her situation. She would have been 
provided an attorney for her immigration proceedings and a social 
worker would have been appointed as guardian ad litem to ensure that 
the child's needs were being met. Sadly, this young girl was given none 
of these options. Neither was a 16-year-old boy from Colombia.
  This youngster fled Colombia to escape a life of violence on the 
streets of Bogota, where FARC guerrillas attempted to recruit him and 
the F-2 branch of the Colombian government harassed him in its attempt 
to get rid of street children. Fearing for his life, he fled Colombia 
for Venezuela where he lived without shelter or sufficient food. In 
search of a safer life, he sneaked into the machine room of a cargo 
ship bound for the United States. He was lucky to survive; many other 
stowaways were thrown overboard when discovered by the ship's crew.
  The boy remained on the ship from November 1998 until March 1999, 
when he arrived in Philadelphia. He was soon turned over to the INS and 
placed into the same detention center the young Chinese girl was held 
in. He, too, was kept with criminal offenders. He did not understand 
English, which created a myriad of problems because he was unable to 
understand what was expected of him in the detention center. He was 
held in an inappropriately punitive environment for six months.
  I have one last story to share with you today. Placed on a boat bound 
for the United States by her very own parents, a 15-year-old girl fled 
China's rigid family planning laws. Under these laws she was denied 
citizenship, education, and medical care. She came to this country 
alone and desperate. And what did our immigration system do when they 
found her? They held her in a juvenile jail in Portland, Oregon. She 
was held for eight months and was detained for an additional four 
months after being granted political asylum. At her asylum hearing, the 
young girl could not wipe away the tears from her face because her 
hands were chained to her waist. According to her lawyer, ``her only 
crime was that her parents had put her on a boat so she could get a 
better life over here.''
  For years children's rights and human rights organizations have 
implored Congress to improve the way our immigration system handles 
unaccompanied minors--just like the ones whose stories I have just 
told. I believe my bill would do just that.
  We cannot continue to allow children, who come to our country, often 
traumatized and guilty of no crime, to be held in jails and treated 
like criminals. We cannot continue to allow children, scared and 
helpless, to be thrown into a system they do not understand without 
sufficient legal aid and a guardian to look after their best interests. 
We must adhere to the principles of our justice system. What kind of 
message do we send when we deprive children who come to our country 
seeking refuge of their basic rights and protections?
  As a nation that holds our democratic ideals and constitutional 
rights paramount, how then can we continue to avert our attention from 
repeated violations of some of the most basic human rights against 
children who have no voice in the immigration system? We should be 
outraged that children who come to the U.S. alone, many against their 
will, are subjected to such inhumane, excessive conditions.
  I am proud to have the support of the United States Catholic 
Conference and the Women's Commission on Refugee Women and Children, 
with whom I have worked closely to develop this legislation.
  Although we are nearing the end of the session, I want to highlight 
this issue now so that we can begin to think about the importance of 
protecting the rights of children in immigration custody and work 
towards passing this legislation in the next Congress.
                                 ______
                                 
      By Mr. LEAHY:
  S. 3118. A bill to amend the Internal Revenue Code of 1986 to impose 
a windfall profits adjustment on crude oil (and products thereof) and 
to fund heating assistance for consumers and small business owners; to 
the Committee on Finance.


        Windfall Oil Profits For Heating Assistance Act of 2000

  Mr. LEAHY. Mr. President, the Windfall Oil Profits for Heating 
Assistance Act of 2000 is a bit of a mouthful, but let me explain what 
this does. My legislation imposes a windfall profits adjustment on the 
oil industry so we can fund heating help for consumers and small 
business owners across America.
  Mr. President, while American families have been paying sky-high 
prices at the gas pump and are bracing for record-high home heating 
costs this winter, the oil industry is savoring phenomenal profits. 
Something is wrong when working families are struggling to pay for 
basic transportation and home heat while Big Oil rakes in obscene 
amounts of cash by the barrel.
  Indeed, the overall net income for the 14 major petroleum companies 
more than doubled in the second quarter of 2000 relative to the second 
quarter of 1999, to $10.3 billion.

[[Page 19638]]

  In the second quarter of 2000, BP Amoco PLC reported profits of $2.87 
billion, Chevron Corporation reported profits of $1.14 billion, Conoco 
reported profits of $460 million, Exxon Mobil Corporation reported 
profits of $4.53 billion, Marathon Oil Company reported profits of $367 
million, Phillips Petroleum Company reported profits of $439 million, 
Royal Dutch/Shell Group reported profits of $3.15 billion and Texaco, 
Inc. reported profits of $641 million.
  Look at these huge profits. When people in Vermont and New England 
want to know why they are paying so much extra for home heating oil, 
pick up the phone and call Texas and ask them how they justify these 
huge windfall profits.
  This chart illustrates the phenomenal profits of the oil industry. 
Keep in mind, these profits came as gasoline prices soared and heating 
oil stocks fell. The oil industry executives said: It is the people of 
OPEC. It is not our fault. We love our customers. We are your friends. 
We wouldn't raise these prices. It is the naughty people overseas. We 
are not making any money from this. We are sorry you have to pay so 
much more to commute to work. We are sorry you can't heat your home.
  In my State, where it can drop down to 20 below zero, this is not a 
matter of comfort. It is a matter of whether you will live or not.
  But the oil industry executives say: We are sorry you have to pay so 
much more. Gee, maybe you should fill up early. Stocks are low. It is 
not our fault. We are not making anything out of this. We are not 
making any money out of it.
  They are liars. They are making money. They are making windfall 
profits.
  I have a chart here that illustrates the phenomenal profits of the 
oil industry for the past year when gasoline prices soared and heating 
oil stocks fell. Compared to the second quarter of 1999, the profits in 
the second quarter of 2000 increased 133 percent for BP Amoco, 136 
percent for Chevron, 205 percent for Conoco, 123 percent for Exxon 
Mobil, 208 percent for Marathon, 275 percent for Phillips, 96 percent 
for Shell and 124 percent for Texaco.
  Not surprisingly, these multi-million and even multi-billion dollar 
profits in the second quarter of 2000 for BP Amoco, Chevron, Conoco, 
Exxon Mobil and Shell were record quarterly profits.
  These gushering profits are not new for the oil industry in 2000. In 
the first quarter of 2000, Big Oil also reaped record profits.
  In the first quarter of 2000, ARCO reported profits of $333 million, 
BP Amoco reported profits of $2.68 billion, Chevron reported profits of 
$1.10 billion, Conoco reported profits of $391 million, Exxon Mobil 
reported profits of $3.35 billion, Phillips reported profits of $250 
million, Shell reported profits of $3.13 billion, and Texaco reported 
profits of $602 million.
  I have a second chart here that illustrates the phenomenal profits of 
the oil industry for the first quarter of the past year. Compared to 
the first quarter of 1999, the profits in the first quarter of 2000 
increased 136 percent for ARCO, 296 percent for BP Amoco, 291 percent 
for Chevron , 371 percent for Conoco, 108 percent for Exxon Mobil, 257 
percent for Phillips, 117 percent for Shell and 473 percent for Texaco.
  Again, these multi-million and multi-billion dollar profits in the 
first quarter of 2000 for BP Amoco, Conoco, Exxon Mobil and Shell were 
record quarterly profits.
  Yet these same oil company executives can tell the people of Vermont, 
the Northeast and elsewhere: Sorry you have to pay so much more for 
your gasoline. Sorry you have to pay so much more for your home heating 
oil. It is not our fault. We are not making any profits. It is those 
mean people in the Middle East.
  Man, what hypocrisy.
  Somebody once said, in Vermont: We will rely on the facts. Vermonters 
are not fooled by this. But how frustrating it is for all of us, how 
frustrating it is for middle America, to pay these bills, feeling they 
are helpless. Because the fact comes down, in our State, in an 
extraordinarily cold winter, we have to have heat. The fact comes down, 
when men and women have to go to work and they have to commute, they 
have to pay the price of going there. Everybody expects to pay what it 
costs to live. But they do not expect to have to pay windfall profits 
for a cartel of companies.
  Big Oil reaped record profits while American consumers and small 
business owners dug deeper into their pockets to pay for soaring 
gasoline prices. And more record profits for Big Oil at the expense of 
consumers and small business owners are expected this winter when 
heating costs go through the roof.
  Even more disturbing are the recent press reports that the major oil 
companies are not using their record profits to boost production and 
lower future prices, but are instead cutting back on exploration and 
production.
  If they were using some of these huge profits to create more fuel, to 
create more production ability to be able to stave off shortages in the 
future, I would say let them have the profits because we will all 
benefit. They are not. They are just pocketing the profits. They are 
not doing a thing to find new oil, to find new production facilities.
  Listen to this from a report in yesterday's Wall Street Journal: 
``Exploration and production expenditures at the so-called super 
majors--Exxon Mobil Corp., BP Amoco PLC, and Royal Dutch/Shell Group--
fell 20 percent to $6.91 billion in the first six months of the year 
from a year earlier. . . .'' Mr. President, that is outrageous.
  The oil industry is made up of corporations formed under the laws of 
the United States. These oil industry corporations have a 
responsibility to the public good as well as their shareholders.
  To reap record windfall profits and then cut back on exploration and 
production to further increase future profits is poor corporate 
citizenship and an abuse of the public trust by these oil industry 
corporations and their executives.
  Well I for one have had enough of Big Oil making record profits at 
the expense of the working families and the small business owners who 
pay the oil bills, live by the rules and struggle mightily when fuel 
and heating costs skyrocket.
  In response to the energy crisis of the 1980s, Congress enacted the 
Crude Oil Windfall Profit Tax Act of 1980. This windfall profits tax, 
which was repealed in 1988, funded low-income fuel assistance and 
energy and transportation programs.
  Similar to the early 1980s, American families again face an energy 
crisis of high prices and record oil company profits. This past June, 
gasoline prices hit all-time highs across the United States, with a 
national average of $1.68 a gallon, according to the Energy Information 
Administration.
  This winter, the Department of Energy estimates that heating oil 
inventories are 36 percent lower than last year with heating oil 
inventories in New England estimated to be 65 percent lower than last 
year. In my home state of Vermont, energy officials estimate heating 
oil costs will jump to $1.31 per gallon, up from $1.19 last winter and 
80 cents in 1998.
  Given the oil industry's record windfall profits in the face of this 
energy crisis, it is time for Congress to act and again limit the 
windfall profits of Big Oil.
  The Leahy bill would do just that and dedicate the revenue generated 
from this windfall profits adjustment to help working families and 
small business owners with their heating oil costs this winter.
  If they are not going to put more money into providing more energy 
for us, then the Windfall Oil Profits For Heating Assistance Act of 
2000 would impose a 100 percent assessment on windfall profits from the 
sale of crude oil. My legislation builds on the current investigation 
by the Federal Trade Commission, a well deserved investigation into the 
pricing and profits of the oil industry.
  My bill requires the Federal Trade Commission to expand this 
investigation to determine if the oil industry is reaping windfall 
profits.

[[Page 19639]]

  The revenue collected from windfall oil industry profits, under my 
legislation, would be dedicated to two separate accounts in the 
Treasury for the following: 75 percent of the revenues to fund heating 
assistance programs for consumers such as the Low Income Home Energy 
Assistance Program (LIHEAP), weatherization and other energy efficiency 
programs; and 25 percent of the revenues to fund heating assistance 
programs for small business owners.
  American consumers and small business owners continue to pay sky-high 
gasoline prices and home heating oil costs are expected to hit an all-
time high this winter while U.S. oil corporations reap more record 
profits. We ought to restore some basic fairness to the marketplace. It 
is time for Congress to transfer the windfall profits from Big Oil to 
fund heating oil assistance for working families.
  If big oil executives say: But we need these profits so we can 
continue our exploration, we can continue to increase refineries--then 
let them spend the money for that. If they are actually spending the 
money for that, it is not a problem. But they want to have it both 
ways: They want to have a shortage, they want to force up the price, 
they want to have a windfall profit, and they want to stick it in their 
pocket and they don't want to do anything to help the consumer. If they 
are unwilling to help the consumer, the Congress ought to stand up and 
help the consumer.
  I ask unanimous consent the text of the bill be printed in the Record 
at the conclusion of my remarks and the bill be appropriately referred.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                                S. 3118

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Windfall Oil Profits For 
     Heating Assistance Act of 2000''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) The overall net income for the 14 major petroleum 
     companies more than doubled in the second quarter of 2000 
     relative to the second quarter of 1999, to $10,300,000,000.
       (2) In the second quarter of 2000, BP Amoco reported 
     profits of $2,870,000,000, Chevron Corporation reported 
     profits of $1,140,000,000, Conoco reported profits of 
     $460,000,000, Exxon Mobil Corporation reported profits of 
     $4,530,000,000, Marathon Oil Company reported profits of 
     $367,000,000, Phillips Petroleum Company reported profits of 
     $439,000,000, Royal Dutch/Shell Group reported profits of 
     $3,150,000,000, and Texaco, Inc. reported profits of 
     $641,000,000.
       (3) When compared to the second quarter of 1999, the 
     profits in the second quarter of 2000 increased 133 percent 
     for BP Amoco, 136 percent for Chevron, 205 percent for 
     Conoco, 123 percent for Exxon Mobil, 208 percent for 
     Marathon, 275 percent for Phillips, 96 percent for Shell, and 
     124 percent for Texaco.
       (4) The profits in the second quarter of 2000 for BP Amoco, 
     Chevron, Conoco, Exxon Mobil, and Shell were record quarterly 
     profits for these oil companies.
       (5) In the first quarter of 2000, ARCO reported profits of 
     $333,000,000, BP Amoco reported profits of $2,680,000,000, 
     Chevron reported profits of $1,100,000,000, Conoco reported 
     profits of $391,000,000, Exxon Mobil reported profits of 
     $3,350,000,000, Phillips reported profits of $250,000,000, 
     Shell reported profits of $3,130,000,000, and Texaco reported 
     profits of $602,000,000.
       (6) When compared to the first quarter of 1999, the profits 
     in the first quarter of 2000 increased 136 percent for ARCO, 
     296 percent for BP Amoco, 291 percent for Chevron, 371 
     percent for Conoco, 108 percent for Exxon Mobil, 257 percent 
     for Phillips, 117 percent for Shell, and 473 percent for 
     Texaco.
       (7) The profits in the first quarter of 2000 for BP Amoco, 
     Conoco, Exxon Mobil, and Shell were record quarterly profits.
       (8) On June 19, 2000, gasoline prices hit all-time highs 
     across the United States, with a national average of $1.68 
     per gallon, according to the Energy Information 
     Administration.
       (9) On September 22, 2000, the Department of Energy 
     estimated that heating oil inventories nationwide are 36 
     percent lower than in 1999, in the East such inventories are 
     40 percent lower than in 1999, and in New England such 
     inventories are 65 percent lower than in 1999.
       (10) American consumers continue to pay sky-high gasoline 
     prices and home heating oil prices are expected to hit an 
     all-time high in the winter of 2000-2001 while the oil 
     industry continues to reap record profits.
       (b) Purpose.--The purpose of this Act is to transfer 
     windfall profits from the oil industry to fund heating 
     assistance for consumers and small business owners.

     SEC. 3. WINDFALL PROFITS ADJUSTMENT.

       (a) In General.--Subtitle E of the Internal Revenue Code of 
     1986 (relating to alcohol, tobacco, and certain other excise 
     taxes) is amended by adding at the end the following new 
     chapter:

    ``CHAPTER 55--WINDFALL PROFITS ON CRUDE OIL AND PRODUCTS THEREOF

``Sec. 5886. Imposition of tax.

     ``SEC. 5886. IMPOSITION OF TAX.

       ``(a) In General.--An excise tax is hereby imposed an the 
     windfall profit from any domestic crude oil or other taxable 
     product removed from the premises during the taxable year at 
     a rate equal to 100 percent of such windfall profit.
       ``(b) Definitions.--For purposes of this section--
       ``(1) Premises.--The term `premises' has the same meaning 
     as when used for purposes of determining gross income from 
     property under section 613.
       ``(2) Producer.--The term `producer' means the holder of 
     the economic interest with respect to the crude oil or 
     taxable product.
       ``(3) Reasonable profit.--The term `reasonable profit' 
     means the amount determined by the Chairman of the Federal 
     Trade Commission to be a reasonable profit on the crude oil 
     or taxable product.
       ``(4) Taxable product.--The term `taxable product' means 
     any fuel which is a product of crude oil.
       ``(5) Windfall profit.--The term `windfall profit' means, 
     with respect to any removal of crude oil or taxable product, 
     so much of the profit on such removal as exceeds a reasonable 
     profit.
       ``(c) Liability for Payment of Tax.--The tax imposed by 
     subsection (a) shall be paid by the producer of the crude oil 
     or taxable product.
       ``(d) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this section.''.
       (b) Clerical Amendment.--The table of chapters for subtitle 
     E of such Code is amended by adding at the end the following 
     new item:

``Chapter 55. Windfall profits on crude oil and products thereof.''

       (c) Effective Date.--The amendments made by this section 
     shall apply to crude oil or other products removed from the 
     premises on or after January 1, 2000.

     SEC. 4. FEDERAL TRADE COMMISSION INVESTIGATION AND 
                   DETERMINATION OF REASONABLE PROFITS.

       (a) Investigation of Oil Industry Profits.--The Chairman of 
     the Federal Trade Commission shall investigate the profits of 
     the oil industry, including the 14 major petroleum companies, 
     on the sale in the United States of any crude oil or other 
     taxable product (as defined in section 5886(b) of the 
     Internal Revenue Code of 1986) made after January 1, 1999.
       (b) Determination of Reasonable Oil Industry Profits.--The 
     Federal Trade Commission shall make reasonable profit 
     determinations for purposes of applying section 5886 of the 
     Internal Revenue Code of 1986 (relating to windfall profit on 
     crude oil and products thereof).
       (c) Funding.--There are authorized to be appropriated to 
     the Federal Trade Commission such funds as are necessary to 
     carry out this section.

     SEC. 5. ALLOCATION OF REVENUES FROM WINDFALL OIL PROFITS 
                   ADJUSTMENT TO HEATING ASSISTANCE.

       (a) Establishment of Trust Fund.--Subchapter A of chapter 
     98 of subtitle I of the Internal Revenue Code of 1986 
     (relating to establishment of trust funds) is amended by 
     adding at the end the following new section:

     ``SEC. 9511. WINDFALL OIL PROFITS TRUST FUND.

       ``(a) Creation of Trust Fund.--There is established in the 
     Treasury of the United States a trust fund to be known as the 
     `Windfall Oil Profits Trust Fund', consisting of such amounts 
     as may be appropriated or credited to the Windfall Oil 
     Profits Trust Fund as provided in this section.
       ``(b) Transfers to Windfall Oil Profits Trust Fund.--There 
     are hereby appropriated to the Windfall Oil Profits Trust 
     Fund amounts equivalent to the taxes received in the Treasury 
     under section 5886.
       ``(c) Expenditures From Windfall Oil Profits Trust Fund.--
     Amounts in the Windfall Oil Profits Trust Fund shall be 
     available, as provided by appropriations Acts, for making 
     expenditures--
       ``(1) in an amount not to exceed 75 percent of amounts 
     transferred under subsection (b), for heating assistance for 
     consumers, and
       ``(2) in an amount not to exceed 25 percent of amounts 
     transferred under subsection (b), for heating assistance for 
     small businesses.''.
       (b) Clerical Amendment.--The table of sections for 
     subchapter A of chapter 98 of subtitle I of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new item:

``Sec. 9511. Windfall oil profits trust fund.''
                                 ______
                                 
      Mr. WYDEN (for himself and Mr. Smith of Oregon):

[[Page 19640]]

  S. 3119. A bill to amend the Act entitled ``An Act to provide for the 
establishment of Fort Clatsop National Memorial in the State of Oregon, 
and for other purposes''; to the Committee on Energy and Natural 
Resources.


        The Fort Clatsop National Memorial Expansion Act of 2000

  Mr. WYDEN. Mr. President, today I am pleased to introduce, with my 
friend and colleague from Oregon, Senator Gordon Smith, the Fort 
Clatsop National Memorial Expansion Act of 2000. I am also pleased that 
Congressman David Wu, representing Fort Clatsop and Clatsop County in 
the United States House of Representatives, is introducing companion 
legislation in the House.
  The Fort Clatsop Memorial marks the spot where Meriwether Lewis, 
William Clark and the Corps of Discovery spent 106 days during the 
winter of 1805. The bicentennial of their historic journey is fast 
approaching and it is estimated that over a quarter-million people will 
visit the Memorial during the bicentennial years of 2003 through 2006. 
Despite this anticipated influx of visitors, the Memorial is still 
legally limited to no more than 130 acres. This legislation would 
authorize the boundary expansion of the Memorial to no more than 1500 
acres so as to help accommodate the large number of expected visitors.
  Since the 1980s, the U.S. Park Service in Astoria, Oregon has been 
trying to negotiate a land purchase with Williamette Industries to 
acquire approximately 928 acres for the expansion of the Ft. Clatsop 
National Memorial. These acres are integral to the interpretation and 
enjoyment of the Memorial's historic site. Over the past 13 months the 
Park Service and Willamette Industries negotiated and, recently, 
reached an agreement that will lead to the Park Service acquiring this 
property. Before that can happen, however, this legislation, 
authorizing the expansion of the park boundary, will allow the Park 
Service to acquire the Willamette land administratively. The bill also 
authorizes a study of the national significance of Station Camp, 
another Lewis and Clark stopping point in 1805, located in Washington 
State.
  The Park Service has targeted the expansion of the Fort Clatsop 
Memorial as one of its highest priorities. The Clatsop County 
Commission supports this legislation, as do the local landowners in and 
around the Memorial. In addition, I have heard from the National Parks 
and Conservation Association [NPCA], the Trust for Public Lands and the 
Conservation Fund, all of whom support efforts to expand the Ft. 
Clatsop Memorial.
  I look forward to working with my colleagues to see this legislation 
pass because the protection of this important American historic area 
will enable us to illustrate the story of Oregon and America's western 
expansion for all who visit this special place. I ask unanimous consent 
that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3119

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fort Clatsop National 
     Memorial Expansion Act of 2000''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) In 1805, the members of the Lewis and Clark Expedition 
     built Fort Clatsop at the mouth of the Columbia River near 
     Astoria, Oregon, where they spent 106 days waiting for the 
     end of winter and preparing for their journey home. The Fort 
     Clatsop National Memorial was created by Congress in 1958 for 
     the purpose of commemorating the culmination, and the winter 
     encampment, of the Lewis and Clark Expedition following its 
     successful crossing of the North American continent, and is 
     the only National Park Service site solely dedicated to the 
     Lewis and Clark Expedition.
       (2) The 1995 General Management Plan for the Fort Clatsop 
     National Memorial, prepared with input from the local 
     community, calls for the addition of lands to the memorial to 
     include the trail used by expedition members to travel from 
     the fort to the Pacific Ocean and to include the shore and 
     forest lands surrounding the fort and trail to protect their 
     natural settings.
       (3) The area near present day McGowan, Washington where 
     Lewis and Clark and the Corps of Discovery camped after 
     reaching the Pacific Ocean, performed detailed surveying, and 
     conducted the historic ``vote'' to determine where to spend 
     the winter, is of undisputed national significance.
       (4) The National Park Service and State of Washington 
     should identify the best alternative for adequately and cost 
     effectively protecting and interpreting the ``Station Camp'' 
     site.
       (5) Expansion of the Fort Clatsop National Memorial would 
     require Federal legislation because the size of the memorial 
     is currently limited by statute to 130 acres.
       (6) Congressional action to allow for the expansion of Fort 
     Clatsop for both the trail to the Pacific and, possibly, the 
     Station Camp site would be both timely and appropriate before 
     the start of the national bicentennial celebration of the 
     Lewis and Clark Expedition planned to take place during the 
     years 2004 through 2006.

     SEC. 3. ACQUISITION OF LANDS FOR FORT CLATSOP NATIONAL 
                   MEMORIAL.

       The Act entitled ``An Act to provide for the establishment 
     of Fort Clatsop National Memorial in the State of Oregon, and 
     for other purposes'', approved May 29, 1958 (Chapter 158; 72 
     Stat. 153), is amended--
       (a) by inserting in section 2 ``(a)'' before ``The 
     Secretary''.
       (b) by inserting in section 2 a period, ``.'', following 
     ``coast'' and by striking the remainder of the section.
       (c) by inserting in section 2 the following new 
     subsections:
       ``(b) The Memorial shall also include the lands depicted on 
     the map entitled `Fort Clatsop Boundary Map', numbered and 
     dated `405-80016-CCO-June-1996'. The area designated in the 
     map as a `buffer zone' shall not be developed but shall be 
     managed as a visual buffer between a commemorative trail that 
     will run through the property, and contiguous private land 
     holdings.
       (c) The total area designated as the Memorial shall contain 
     no more than 1,500 acres.''
       (d) by inserting at the end of section 3 the following:
       ``(b) Such lands included within the newly expanded 
     boundary may be acquired from willing sellers only, with the 
     exception of corporately owned timberlands.''

     SEC. 4. AUTHORIZATION OF STUDY OF STATION CAMP.

       The Secretary of the Interior shall conduct a study of the 
     area known as ``Station Camp'' near McGowan, Washington, to 
     determine its suitability, feasibility, and national 
     significance, for inclusion into the National Park System. 
     The study shall be conducted in accordance with Section 8 of 
     Public Law 91-383 (16 U.S.C. 1a-5).
       (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'

[[Page 19667]]

     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.''.

     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.

[[Page 19668]]

       ``(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.
       (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,

[[Page 19669]]

     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.
       (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

[[Page 19670]]

     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.
       ``(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.

[[Page 19671]]

       ``(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.
       ``(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.

[[Page 19672]]



     ``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 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.''

[[Page 19673]]

       (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;
       ``(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

[[Page 19674]]

     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--
       ``(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:

[[Page 19675]]



     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''.
                                  ____


                           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--

[[Page 19676]]

       (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 alien's 
     reembarkation at a place outside the United States or attempt 
     to be admitted

[[Page 19677]]

     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 19678]]



               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)).
       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:

[[Page 19679]]



                           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).''.
                                  ____


                           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

[[Page 19680]]

     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 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.

[[Page 19681]]

       (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
       (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;

[[Page 19682]]

       (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 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.

[[Page 19683]]

       (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 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.

[[Page 19684]]



     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.
       (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.

[[Page 19685]]

       (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 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,

[[Page 19686]]

     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''.

[[Page 19687]]



     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 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

[[Page 19688]]

       (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).
                                 ______
                                 

                        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''.

[[Page 19689]]



     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 
     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.

[[Page 19690]]

       ``(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 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

[[Page 19691]]

     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.''.

     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:

[[Page 19692]]

       ``(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);
       ``(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

[[Page 19693]]

       ``(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 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

[[Page 19694]]

     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: ``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

[[Page 19695]]

     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 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--

[[Page 19696]]

       (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 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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