[Congressional Record (Bound Edition), Volume 146 (2000), Part 7]
[Senate]
[Pages 9360-9387]
[From the U.S. Government Publishing Office, www.gpo.gov]



          STATEMENT ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. FEINGOLD (for himself and Mr. Jeffords):
  S. 2630. A bill to prohibit products that contain dry ultra-filtered 
milk products or casein from being labeled as domestic natural cheese, 
and for other purposes; to the Committee on Agriculture, Nutrition, and 
Forestry.


                     the quality cheese act of 2000

  Mr. FEINGOLD. Mr. President, along with Senator Jeffords, I am 
pleased to introduce the Quality Cheese Act of 2000. This legislation 
will protect the consumer, save taxpayer dollars and provide support to 
America's dairy farmers, who have taken a beating in the marketplace in 
recent years.
  When Wisconsin consumers have the choice, they will choose natural 
Wisconsin cheese, but the Food and Drug Administration (FDA) and the 
U.S. Department of Agriculture (USDA) may change current law, and 
consumers won't know whether cheese is really all natural or not.
  If the federal government creates a loophole for imitation cheese 
ingredients to be used in U.S. cheese vats, cheese bearing the labels 
``domestic'' and ``natural'' will no longer be truly accurate.
  If USDA and FDA allow a change in federal rules, imitation milk 
proteins known as milk protein concentrate or casein, could be used to 
make cheese in place of the wholesome natural milk produced by cows in 
Wisconsin or other part of the U.S.
  Mr. President, I am deeply concerned by recent efforts to change 
America's natural cheese standard. This effort to allow milk protein 
concentrate and casein into natural cheese products flies in the face 
of logic and could create a loophole for unlimited amounts of 
substandard imported milk proteins to enter U.S. cheese vats.
  My legislation will close this loophole and ensure that consumers can 
be confident that they are buying natural cheese when they see the 
natural label.
  Our dairy farmers have invested heavily in processes that make the 
best quality cheese ingredients, and I am concerned about recent 
efforts to change the law that would penalize them for those efforts by 
allowing lower quality ingredients to flood the U.S. market.
  Over the past decade, cheese consumption has risen at a strong pace 
due to promotional and marketing efforts and investments by dairy 
farmers across the country. Year after year, per capita cheese 
consumption has risen at a steady rate.
  Back in the 1980's, when I served in the Wisconsin State Senate, 
cheese consumption topped 20 pounds per person. During the 1990s 
consumption increased by over 25 percent, and passed 25 pounds per 
person. Last year we saw an even more dramatic increase when per capita 
cheese consumption rose an amazing 1.5 pounds to reach 29.8 pounds.
  This one-year increase amounts to the largest expansion since 1982! I 
am proud to say that my home state of Wisconsin, America's dairyland, 
was one of the main engines behind this growth. After all, when 
consumers see the label ``Wisconsin Cheese,'' they know that it is 
synonymous with quality.
  Over the past two decades consumers have increased their cheese 
consumption due to their understanding, and taste for the quality 
natural cheese produced by America's dairy industry.
  Recent proposals to change to our natural cheese standard could 
decrease consumption of natural cheese. These declines could result 
from concerns about the origin of casein and other forms of dry UF 
milk.
  The vast majority of dry ultra filtered milk originates from 
countries with State Trading Enterprises. Many of these countries 
subsidize their dairy exports through these trading mechanisms, and 
have quality standards that are well below those of the United States.
  While it is difficult to obtain specific numbers about the amount of 
dry UF milk produced in foreign countries, I have heard disturbing 
stories about the conditions under which the casein and milk proteins 
are sometimes produced.
  For the most part, dry UF milk is not produced in the US. In fact, it 
is, for the most part, produced in countries where sanitary standards 
are well below those of the United States.
  These products are sold on the international market, and under the 
proposed rule they could be labeled as natural cheese. This cheap, low 
quality dry UF milk tends to leave cheese greasy and increases 
separation problems.
  The addition of this kind of milk will certainly leave the wholesome 
reputation of ``natural cheese'' significantly tarnished in the eyes of 
the consumer.
  This change would seriously compromise decades of work by America's 
dairy farmers to build up domestic cheese consumption levels. It is 
simply not fair to America's farmers!
  Mr. President, consumers have a right to know if the cheese they buy 
is unnatural. And by allowing unnatural dry UF milk into cheese, we are 
denying consumers the entire picture.
  The Feingold-Jeffords legislation will paint the entire picture for 
the consumer, and allow them enough information to select cheese made 
from truly natural ingredients.
  Allowing dry Ultra-Filtered milk into cheeses will have a significant 
adverse impact on dairy producers throughout the United States. Some 
estimate that the annual effect of the change on the dairy farm sector 
of the economy could be more than $100 million.
  The proposed change to our natural cheese standard would also harm 
the American taxpayer.
  If we allow dry UF milk to be used in cheese we will effectively 
permit unrestricted importation of these ingredients into the United 
States. Because there are no tariffs and quotas on these ingredients, 
these heavily subsidized products will displace natural domestic dairy 
ingredients.
  These unnatural domestic dairy products will enter our domestic 
cheese market and may further depress dairy prices paid to American 
dairy producers.
  Low dairy prices result in increased costs to the dairy price support 
program. So, at the same time that U.S. dairy farmers are receiving 
lower prices, the U.S. taxpayer will be paying more for the dairy price 
support program.
  Mr. President, this change does not benefit the dairy farmer, 
consumer or taxpayer. Who then is it good for?
  The obvious answer is nobody.
  America's farmers have invested a tremendous amount of time and 
effort create the best cheese industry in the world. They should not be 
penalized for their efforts.
  This legislation takes a two pronged approach to address these 
concerns.

[[Page 9361]]

First, it prohibits dry ultra-filtered milk from being included in 
America's natural cheese standard.
  Second, it requires the Food and Drug administration to conduct a 
study into the impact of allowing wet ultra-filtered milk into the 
natural cheese standard.
  Let me be clear, currently, neither of these products are allowed in 
America's natural cheese standard. Under current regulations, wet 
ultra-filtered milk may only be used in natural cheese products if--and 
only if--both the wet UF milk and the cheese are produced at the same 
plant.
  I have heard a number of concerns from dairy farmers, but the most 
immediate concern is the importation of milk protein concentrate and 
casein. This legislation is the first step in addressing their 
concerns, and ensuring that any future changes incorporate the concerns 
of America's dairy farmers.
  Congress must shut the door on any backdoor efforts to stack the deck 
against America's dairy farmers. And we must pass my legislation that 
prevents a loophole that would allow changes that hurt the consumer, 
taxpayer and dairy farmer.
  Thank you Mr. President. I yield the floor.
                                 ______
                                 
      By Mr. SCHUMER (for himself and Mr. Moynihan):
  S. 2631. A bill to authorize a project for the renovation of the 
Department of Veterans Affairs medical center in Bronx, New York; to 
the Committee on Veterans' Affairs.


        BRONX VA MEDICAL CENTER'S RESEARCH FACILITY LEGISLATION

 Mr. SCHUMER. Mr. President, I rise today with Senator Daniel 
Patrick Moynihan to introduce legislation that would authorize 
renovations to the Bronx VA Medical Center's research facility.
  This facility, when renovations are completed, will serve as a center 
of excellence for VA research on neurodegenerative diseases that are 
more prevalent in our veterans population than in any other group of 
Americans. Specifically, the research would focus on Alzheimer's and 
Parkinson's Disease, Multiple Sclerosis, Amyotrophic Lateral Sclerosis 
(ALS) and brain and spinal cord injury.
  Major neurodegenerative diseases like Alzheimer's and Parkinson's 
tend to occur later in life and are progressive lifelong afflictions. 
Some 20 million Americans have been diagnosed with one of these 
diseases and the costs of their treatment have reached over $100 
billion annually. US Census Bureau statistics indicate that because of 
our aging population, the incidence of neurodegenerative diseases and 
the associated human and economic costs will increase four-fold by 
2040. Veterans, an aging population are disproportionately affected. 
Traumatic brain and spinal cord injury are also highly represented in 
the veterans population. Over 200,000 individuals in the US are living 
with spinal cord injury today, and another 2 million suffer traumatic 
brain injury annually.
  The bill I introduce today would authorize $12.3 million for 
renovations to an aging facility on the campus of the Bronx VAMC. 
Department of Veterans Affairs researchers there, are in desperate need 
of modern, state-of-the-art laboratories to continue efforts to 
understand, treat and develop new methods of care for all Americans 
afflicted with these horrible diseases. This legislation represents an 
important step in ensuring that the quality of care provided to 
veterans in New York and across the country reflects our highest esteem 
for those who answered their country's call. We owe our veterans no 
less than the best medical care anywhere--and the research and 
treatments that come from this renovated facility will help ensure that 
happens. I urge my colleagues to join me in supporting and enacting 
this critical legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2631

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

     SECTION 1. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECT, 
                   DEPARTMENT OF VETERANS AFFAIRS.

       The Secretary of Veterans Affairs may carry out a major 
     medical facility project for the renovation of the Department 
     of Veterans Affairs medical center in Bronx, New York, in an 
     amount not to exceed $12,300,000.

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary of Veterans Affairs for fiscal year 2001 for 
     the Construction, Major Projects, account $12,300,000 for the 
     project authorized in section 1.
       (b) Limitation.--The project authorized in section 1 may 
     only be carried out using--
       (1) funds appropriated for fiscal year 2001 pursuant to the 
     authorization of appropriations in subsection (a);
       (2) funds appropriated for the Construction, Major 
     Projects, account for a fiscal year before fiscal year 2001 
     that remain available for obligation; and
       (3) funds appropriated for the Construction, Major 
     Projects, account for fiscal year 2001 for a category of 
     activity not specific to a project.
                                 ______
                                 
      By Mr. DeWINE (for himself, Mr. Voinovich, Mr. Lautenberg, and 
        Mr. Torricelli):
  S. 2632. A bill to authorize the President to present gold medals on 
behalf of the Congress to astronauts Neil A. Armstrong, Edwin E. 
``Buzz'' Aldrin, Jr., and Michael Collins, the crew of Apollo 11; to 
the Committee on Banking Housing, and Urban Affairs.


         CONGRESSIONAL GOLD MEDALS TO THE CREW OF THE APOLLO 11

  Mr. DeWINE. Mr. President, today I am introducing legislation, along 
with my colleagues, Senators Voinovich, Lautenberg, and Torricelli, to 
authorize the President to present gold medals on behalf of Congress to 
astronauts Neil A. Armstrong, Edwin ``Buzz'' Aldrin, and Michael 
Collins--the heroic crew of the Apollo 11.
  For thousands of years, man has gazed at the moon with awe, dreaming 
of the day when that celestial body would no longer be out of man's 
grasp. On July 20, 1969, thanks to the crew of the Apollo 11, the 
heavens became part of man's world.
  The mission to the moon was a long and treacherous endeavor. It 
started with President Kennedy's vision to put a man on the moon before 
the end of the decade and concluded with a simple step and the immortal 
words: ``One small step for man and one giant leap for mankind.'' We 
owe a great deal of gratitude to the men and women of America's space 
program. And, I believe that presenting Congressional gold medals to 
the crew of Apollo 11 is a fitting tribute to them and the mission.
  The primary objective of Apollo 11 was simple and straightforward: 
``Perform a manned lunar landing and return.'' The mission, though, was 
anything but simple. The historic journey began with the Eagle's fiery 
lift-off at Cape Kennedy at 9:32 a.m. on July 19, 1969. The world 
watched as astronauts Armstrong, Aldrin, and Collins blasted toward 
outer space. While the millions who witnessed the event were excited 
and exhilarated, I do not think any of us truly appreciated the 
complexity and magnitude of the crew's responsibilities. One mistakenly 
pulled lever, one power failure could have rendered Apollo 11 a 
disaster. When asked to recall his thoughts on the mission's outcome, 
Astronaut Michael Collins said: ``I am far from certain that we will be 
able to fly the mission as planned. I think we will escape with our 
skins, or at least I will escape with mine, but I wouldn't give better 
than even odds on a successful landing and return.''
  On July 20, 1969, Armstrong and Aldrin began their descent to the 
lunar surface. The Eagle landed with less than 45 seconds worth of fuel 
and the buzz of several warning alarms. It was shortly after that 
landing when Neil Armstrong emerged from the craft and set foot on the 
moon's surface. Never before in the history of mankind had a human 
being set foot on another celestial body. The crew of Apollo 11 
embodied the spirit of discovery that is so prevalent in our space 
program. It is this same spirit that we need to communicate to our next 
generation.
  Neil Armstrong, the commander of Apollo 11, was born on August 5, 
1930, in my home state of Ohio. He developed

[[Page 9362]]

an interest in flying at an early age. In fact, he obtained his student 
pilot's license before he got his driver's license. After high school, 
he received a scholarship from the U.S. Navy and studied aeronautical 
engineering. He later became an aviator in the Navy and was chosen for 
the space program with the second group of astronauts in 1962. He made 
seven flights in the X-15 program, reaching an altitude of 207,500 
feet. He was the command pilot for Gemini 8 and Apollo 11. After Apollo 
11, he was Deputy Associate Administrator for Aeronautics at NASA from 
July 1970 until August 1971, when he left to become Professor of 
Aeronautical Engineering at the University of Cincinnati. He served on 
the National Commission on Space from 1985 to 1986 and on the 
Presidential Commission on the Space Shuttle Challenger Accident in 
1986.
  Edwin ``Buzz'' Aldrin was born in New Jersey on January 20, 1930. He 
attended the U.S. Military Academy at West Point, and later entered the 
U.S. Air Force, where he received pilot training. He was chosen with 
the third group of astronauts in 1963. He was a pilot on Gemini 12, 
where he was one of the key figures working to improve in-space docking 
and was the lunar module pilot for Apollo 11. After leaving NASA in 
1971, he became Commandant of the Aerospace Research Pilot's School at 
Edwards Air Force Base in California. He retired from the Air Force in 
1972 and became a consultant for the Comprehensive Care Corporation, 
Newport Beach, California. He has authored two books, ``Return to 
Earth'' and ``Men From Earth.''
  Michael Collins was born on October 30, 1930, in Rome, Italy and 
later moved to Washington, DC. Upon finishing high school, he attended 
the U.S. Military Academy at West Point. Prior to joining NASA, he was 
a test pilot at the Air Force Flight Center, Edwards Air Force Base. He 
was chosen in the third group of astronauts in 1963. He served as a 
pilot for Gemini 10, where he set a world altitude record; became the 
nation's third spacewalker; and served as the command module pilot for 
Apollo 11. He left NASA in 1970 and was appointed Assistant Secretary 
of State for Public Affairs. He became Director of the National Air and 
Space Museum at the Smithsonian Institution in April 1971 and was 
promoted to Under Secretary of the Smithsonian in April 1978. He 
retired from the Air Force with the rank of Major General. He has 
written numerous articles and two books, ``Carrying the Fire and 
Liftoff,'' as well as a children's book, ``Flying to the Moon and Other 
Strange Places.''
  Mr. President, presenting Congressional Gold Medals to the crew of 
the Apollo 11 is as much about the future as it is about the past. 
These medals will be a reminder of the great accomplishment of Apollo 
11 and her crew. Moreover, the presentation of the medals will help 
inspire future generations of Americans to continue striving to 
accomplish tasks that may seem out of reach, like putting a man on the 
moon. I am convinced that somewhere in our schools today are the next 
Neil Armstrong, Buzz Aldrin, and Michael Collins. Before long, our 
children will be talking about where they were when the first man or 
woman set foot on Mars. Let's honor the immense achievement of the crew 
of Apollo 11. I urge my colleagues to support presenting Congressional 
Gold Medals to Neil Armstrong, Edwin E. ``Buzz'' Aldrin, Jr., and 
Michael Collins.
                                 ______
                                 
      By Mrs. BOXER:
  S. 2633. A bill to restore Federal recognition to the Indians of the 
Graton Rancheria of California; to the Committee on Indian Affairs.


                    graton rancheria restoration act

  Mrs. BOXER. Mr. President. I am delighted today to introduce 
legislation to restore federal recognition to the Graton Rancheria, 
which is composed of Coastal Miwok and Southern Pomo tribal members. 
This bill is identical to legislation that has been introduced in the 
House of Representatives by Congresswoman Lynn Woolsey. It is my great 
pleasure to carry this legislation in the Senate and to correct an 
injustice committed against these original inhabitants of the region 
some 34 years ago.
  The Coastal Miwok and Southern Pomo Indians flourished in Marin and 
southern Sonoma counties for many hundreds of years. At the time of 
European settlement, there were as many as 5,000 of these tribal 
members. By the end of the 19th Century, however, disease and enforced 
labor had killed off most of them. And the federal government formally 
terminated the tribe's identity in 1966 under the California Rancheria 
Act, after concluding, incorrectly, that virtually all of the members 
were deceased.
  The descendants of 12 Graton Rancheria survivors now number over 300, 
and they refer to themselves as the ``Federated Indians of Graton 
Rancheria''--after the town in southern Sonoma County where an acre-
sized piece of their original reservation is still owned by a Miwok 
descendant.
  This legislation not only restores dignity and a sense of identity to 
the Graton Rancheria, it will restore all federal rights and privileges 
to the tribal members including health, education, and housing 
services. It will also permit the Graton Rancheria to maintain an 
existing cemetery and place of worship. Finally, this bill is unique in 
that it contains a clause whereby the tribe permanently waives any 
right to casino-style gambling on their land.
  Mr. President, the tribes of the Graton Rancheria are an integral and 
important part of the Bay Area's cultural heritage and history. It was 
wrong to terminate their status in 1966, and it is only right to 
restore their formal recognition now.
                                 ______
                                 
      By. Mr. BOND:
  S. 2634. A bill to amend the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 to provide liability relief to 
small businesses; to the Committee on Environmental and Public Works.


                   small business relief act of 2000

  Mr. BOND. Mr. President, it is a pleasure for me to introduce the 
Small Business Relief Act of 2000. This bill will provide a lifeline 
for the thousands of small business owners threatened by lawsuits and 
litigation under the broken Superfund liability system.
  This bill is simple. All this bill does is relieve innocent small 
business owners from superfund liability unless it is demonstrated that 
the small business is guilty of gross negligence or did contribute 
significantly to the toxic waste at the superfund site.
  My bill will not let polluters off the hook. This common-sense 
proposal will make the Superfund program a little more reasonable and 
workable. With this legislation, we can begin to provide some relief to 
small business owners who are held hostage by potential Superfund 
liability.
  For years now, members from both sides of the aisle have said that 
the Superfund program is broken, it doesn't work, it must be reformed. 
Unfortunately we haven't gotten past the rhetoric to fix the problem. 
Instead of making changes that will produce results that are better for 
the taxpayers, better for the environment, and more efficient for 
everyone involved--government agencies, federal bureaucrats, and 
Congress has protected this troubled and inefficient program from 
meaningful reform.
  As Washington has played politics with the Superfund program, 
innocent Main Street small business owners across the nation, the 
engine of our economy, continue to be unfairly pulled into Superfund's 
legal quagmire. Even the EPA has stated its support for protecting 
restaurant owners, mom-and-pop convenience store operators, and other 
small business owners who have legally disposed of their trash and 
cannot afford the tab that comes with Superfund legal bills.
  Let's put a human face on this: last year, just across the Missouri 
border--in Quincy, Illinois--160 small business owners were asked to 
pay the EPA more than $3 million for garbage legally hauled to a dump 
more than 20 years ago. The situation in Quincy is just one example of 
the very real, ongoing Superfund legal threat to small business owners 
across the nation.
  Mr. President, we all know that Superfund was created to clean up the

[[Page 9363]]

Nation's most-hazardous waste sites. Superfund was not created to have 
small business owners sued for simply throwing out their trash! These 
small business owners are faced with so many challenges already, that 
the thousands of dollars in penalties and lawsuits leave them with no 
choice but to mortgage their businesses, their employees and their 
future to pay for the bills of a broken government program.
  How many times will we tell ourselves that this unacceptable 
situation must be fixed before we act? Small business owners literally 
cannot afford to wait around while we delay action on the common-sense 
fixes required to protect them and our environment.
  In recognition of our small businesses around the country and Small 
Business Week, I introduce this bill and look forward to leading the 
fight to ensure timely adoption of this long-overdue legislation.
                                 ______
                                 
      By Mr. FRIST (for himself, Mr. Harkin, Mr. Jeffords, Mrs. Murray, 
        Mr. Bingaman, Ms. Mikulski, and Mr. Reed):
  S. 2635. A bill to reduce health care costs and promote improved 
health by providing supplemental grants for additional preventive 
health services for women; to the Committee on Health, Education, 
Labor, and Pensions.


                  the wisewoman expansion act of 2000

 Mr. FRIST. Mr. President, many of us associate cardiovascular 
disease with men, but the American Heart Association estimates that 
nearly one in two women will die of heart disease or stroke. 
Unfortunately, most women do not realize that they are at such high 
risk for cardiovascular disease because of its historically male 
stereotype. In fact, cardiovascular diseases kill nearly 50,000 more 
women each year than men. Even more alarming is a recent survey 
reported by the Society for Women's Health Research which revealed that 
not all physicians know that cardiovascular diseases are the leading 
cause of death among American women.
  Each year nearly half a million women lose their lives as a result of 
heart disease and stroke. Since 1984, fortunately, men have experienced 
a decline in deaths due to cardiovascular diseases, while, 
unfortunately, women have not. Tragically, many of these deaths could 
have been prevented. Had these women known they were at risk for 
cardiovascular disease, they could have taken preventive measures by 
not smoking, lowering their cholesterol or blood pressure, or by eating 
more nutritiously, and perhaps prevented becoming a victim of heart 
disease or stroke. For many women, prevention is truly the only cure, 
since it has been reported that as many as two-thirds of women who die 
from heart attacks have no warning symptoms of any kind.
  Cardiovascular diseases kill more American females each year than the 
next 14 causes of death combined, including all forms of cancers. Over 
half of all cardiovascular deaths each year are women, and in 1997 
alone heart diseases claimed the lives of 502,938 women. My home state 
of Tennessee has the second highest death rate from heart disease, 
stroke, and other cardiovascular diseases in the nation and the 13th 
highest ranking state in women's heart deaths. In 1997, 10,884 
Tennessee women died from these two cardiovascular diseases alone. 
According to the CDC, women in the rural South are more likely to die 
of heart disease than those in other parts of the country. An even more 
disturbing disparity is that the age adjusted death from coronary heart 
disease for African-American women is nearly 72 percent higher than 
that of white women.
  Fortunately, some preventive measures, such as physical activity and 
better nutrition, can be taken by women to reduce their risk for 
cardiovascular diseases, as well as other preventable diseases, such as 
osteoporosis. Osteoporosis, affecting one out of every two over 50, is 
also a preventable disease that American women are facing. Furthermore, 
osteoporosis is a health threat for roughly 28 million Americans, 80 
percent of whom are women.
  In an effort to continue to draw attention and greater awareness to 
health issues among American women, particularly cardiovascular 
diseases, I am very pleased to introduce today the ``WISEWOMAN 
Expansion Act of 2000,'' with Senator Harkin. Our goal in expanding 
this program is to reduce the risk of cardiovascular diseases, and 
other preventable diseases, and to increase access to screening and 
other preventive measures for low-income and underinsured women. In 
addition to making cardiovascular diseases screening accessible to 
underserved women, this program will also educate them about their risk 
for cardiovascular diseases and how to make lifestyle changes thus 
giving them the power to prevent these diseases.
  The National Breast and Cervical Cancer Early Detection Program 
(NBCCEDP), run by the Centers for Disease Control and Prevention (CDC), 
is an example of a successful program that has provided critical 
services to help prevent major diseases affecting American women. The 
NBCCEDP has done an outstanding job of bringing in low-income 
underinsured women and providing them with preventive screenings for 
breast and cervical cancers. The women who benefit from this program 
are generally too young for Medicare, unable to qualify for Medicaid or 
other state programs, and would otherwise fall through the cracks in 
our health system.
  Our bill provides for the expansion of the WISEWOMAN (Well-Integrated 
Screening and Evaluation for Women in Massachusetts, Arizona, and North 
Carolina) demonstration project, which is run by the CDC in conjunction 
with the NBCCEDP, to additional states. The WISEWOMAN program 
capitalizes on the highly successful infrastructure of the NBCCEDP to 
offer ``one-stop shopping'' screening and preventive services for 
uninsured and low-income women. In addition to these very important 
breast and cervical cancer screenings, WISEWOMAN screens for 
cardiovascular disease risk factors and provides health counseling and 
lifestyle interventions to help women reduce behavioral risk factors. 
The program addresses risk factors such as elevated cholesterol, high 
blood pressure, obesity and smoking and provides important additional 
intervention and educational services to women who would not otherwise 
have access to cardiovascular disease screening or prevention. This 
bill also adds flexibility to the program language that would allow 
screenings and other preventive measures for diseases in addition to 
cardiovascular diseases, such as osteoporosis, as more preventive 
technology is developed.
  Mr. President, I would like to thank Judy Womack and Dr. Joy Cox of 
the Tennessee Department of Health for their counsel and assistance on 
this legislation and for their efforts in helping Tennesseans.
  This bipartisan bill is supported by the Susan G. Komen Breast Cancer 
Foundation, the Society for Women's Health Research, the American 
Cancer Society, the National Osteoporosis Foundation, and the American 
Heart Association. Mr. President, I ask unanimous consent to place the 
following letters of support in the Record.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:
                                                       Society for


                                      Women's Health Research,

                                     Washington, DC, May 24, 2000.
     Hon. Bill Frist,
     Chair, Subcommittee on Public Health, Committee on Health, 
         Education, Labor, and Pensions, Dirksen Senate Office 
         Building, Washington, DC.
       Dear Senators Frist and Harkins: On behalf of the Society 
     for Women's Health Research, we express our appreciation for 
     your leadership on the introduction of the ``WISEWOMAN 
     Expansion Act of 2000.'' In addition to a strong national 
     research program, disease prevention is vital to our nation's 
     health. Chronic diseases, such as heart disease, cancer, 
     diabetes, and ostoeoporosis are among the most prevalent, 
     costly and preventable of all health problems.
       As you know, women tend to live longer but not necessarily 
     better than men. They have more chronic health conditions and 
     are more economically insecure. Safety net programs often are 
     the difference between life and death. The WISEWOMAN 
     Expansion Act is building on a foundation that has provided 
     positive feedback and will allow additional states to provide 
     prevention services to those women in need. We applaud the 
     flexibility of the legislation. With the passage of

[[Page 9364]]

     time, as new technologies develop, as disease burdens shift, 
     and a lifestyle change, the program can address women's most 
     critical health needs.
       We thank you for your commitment to improving the nation's 
     health through prevention. By focusing on the health of 
     women, you ultimately will be improving the health of the 
     nation's families.
           Sincerely,
     Phyllis Greenberger,
       Executive Director.
     Roberta Biegel,
       Director of Government Relations.
                                  ____

                                                The Susan G. Komen


                                     Breast Cancer Foundation,

                                         Dallas, TX, May 19, 2000.
     Hon. William Frist,
     U.S. Senate, Russell Senate Building, Washington, DC.
     Hon. Tom Harkin,
     U.S. Senate, Hart Senate Building, Washington, DC.
       Dear Senators Frist and Harkin: On behalf of the Susan G. 
     Komen Breast Cancer Foundation, I would like to express our 
     support for The WISEWOMAN Expansion Act of 2000. Your 
     leadership has made the expansion effort a reality and we 
     intend to activate our Komen affiliates grassroots to help 
     gather more Senatorial support. We understand that the 
     expansion would allow flexibility for the WISEWOMAN program 
     to grow and adapt with the needs of the individual states and 
     will ensure full collaboration of the WISEWOMAN program with 
     the National Breast and Cervical Cancer Early Detection 
     Program (NBCCEDP) on which it is piggybacked.
       Further, our discussions with your staff have reiterated 
     the importance of being certain that the programs are funded 
     separately and that the WISEWOMAN expansion is accomplished 
     as a complement to the existing NBCCEDP effort.
       We applaud your efforts to provide greater screening 
     coverage for women as a means of detecting problems sooner 
     and strongly believe that this program will save many lives 
     as it expands nationwide.
       The mission of the Susan G. Komen Breast Cancer Foundation 
     is to eradicate breast cancer as a life-threatening disease 
     by advancing research, education, screening and treatment. 
     The Komen Foundation is comprised of 115 affiliates in 45 
     states and the District of Columbia, with over 40,000 
     volunteers and 4 international affiliates. Komen has raised 
     well over $200 million in furtherance of its mission. But we 
     cannot do it alone. It takes dedicated Members of Congress 
     like you.
       Again, thank you for your efforts to advance WISEWOMAN as a 
     separate program and we look forward to working with you to 
     make this legislation a reality for all.
           With best regards,

                                               Diane L. Balma,

                                                Senior Counsel and
     Director of Public Policy.
                                  ____



                             National Osteoporosis Foundation,

                                     Washington, DC, May 24, 2000.
     Hon. Tom Harkin,
     Hon. Bill Frist,
     U.S. Senate,
     Washington, DC.
       Dear Senators Harkin and Frist: On behalf of the National 
     Osteoporosis Foundation (NOF), I commend you on the 
     introduction of the bipartisan WISEWOMEN Expansion Act of 
     2000 that supports your effort to provide additional 
     preventive health services, including osteoporosis screening, 
     to low-income and uninsured women.
       As you know, osteoporosis is a major health threat for more 
     than 28 million Americans, 80 percent of whom are women. In 
     the United States today, 10 million individuals already have 
     the disease and 18 million more have low bone mass, placing 
     them at increased risk for osteoporosis. Also, one out of 
     every two women over 50 will have an osteoporosis-related 
     fracture in their lifetime. It is estimated that the direct 
     hospital and nursing home costs of osteoporosis are over 
     $13.8 billion annually, with much of that attributed to the 
     more than 1.5 million osteoporosis-related fractures that 
     occur annually.
       The health care services included in the WISEWOMEN program 
     have provided positive results for many women who have 
     participated and ultimately cost-savings for the states that 
     have participated. Expansion of teh WISEWOMEN model to 
     additional states and for additional preventive services, 
     such as screening for osteoporosis, should enhance positive 
     results for both the women and states participating in the 
     program.
       The National Osteoporosis Foundation is most appreciative 
     of your efforts to promote improved bone health and endorses 
     the WISEWOMEN Expansion Act of 2000.
           Sincerely,
                                                Sandra C. Raymond,
                                       Executive Director.

 Mr. HARKIN. Mr. President, I am pleased to join Senator Frist 
today to introduce the ``WISEWOMAN Expansion Act.'' This bill will help 
thousands of women have access to basic preventive health care they may 
otherwise not receive. The legislation builds on a successful 
demonstration program and expands screening services and preventive 
care for uninsured and low-income women across the nation.
  Beginning in 1990, I worked as Chairman of the Labor, Health and 
Human Services and Education Appropriations Subcommittee to provide the 
funding for the National Breast and Cervical Cancer Early Detection 
Program (NBCCEDP), run through the Centers for Disease Control and 
Prevention. In Iowa alone, the program has successfully served 8694 
women through 618 provider-based breast and cervical cancer screening 
sites.
  Today, the Centers for Disease Control and Prevention currently run 
the WISEWOMAN (Well-Integrated Screening and Evaluation for Women in 
Massachusetts, Arizona and North Carolina) program through the NBCCEDP 
as a demonstration project. The program has successfully built upon the 
framework of the NBCCEDP to target other chronic diseases among women, 
including heart disease, the leading cause of death among women, and 
osteoporosis. The programs address risk factors such as elevated 
cholesterol, high blood pressure, obesity and smoking and provide 
important additional intervention services.
  This demonstration project has been successful. It is now time to 
expand the program to additional states, and eventually make it 
nationwide. As the brother of two sisters lost to breast cancer and the 
father of two daughters, I know first hand the importance of making 
women's health initiatives a top priority. The first step to fighting a 
chronic disease like cancer, heart disease or osteoporosis is early 
detection. All woman deserve to benefit from the early detection and 
prevention made possible by the latest advances in medicine. This bill 
ensures a place for lower-income woman at the health care table.
  Mr. President, the majority of Americans associate cardiovascular 
disease with men, but the American Heart Association estimates that 
nearly one in two women will die of heart disease or stroke. In fact, 
cardiovascular diseases kills nearly 50,000 more women each year than 
men. In my own state of Iowa, cardiovascular disease accounts for 44 
percent of all dealths in Iowa. Close to 7,000 women die annually in 
Iowa from cardiovascular disease. Each year, nearly half a million 
women lose their lives as a result of heart disease and stroke. Sadly, 
with appropriate screening and interventions, many of these deaths 
could have been prevented.
  Osteoporosis is also a preventable disease and affects 1 out of every 
2 women over the age of 50. Fortunately, some of the preventive 
measures women can take to reduce their risk for cardiovascular 
diseases, such as eating more nutritious foods and exercising, can also 
reduce their risk for osteoporosis.
  Mr. President, our bill would do the following:
  Expand the current WISEWOMAN demonstration project to additional 
states;
  Add flexibility to program language that would allow screenings and 
other preventive measures for diseases in addition to cardiovascular 
diseases;
  Allow flexibility for the WISEWOMAN program to grow and adapt with 
the changing needs of individual states and our better understanding of 
new preventive strategies; and
  Ensures continued full collaboration of the WISEWOMAN program with 
the NBCCEDP;
  Authorizes the CDC to make competitive grants to states to carry out 
additional preventive health services to the breast and cervical cancer 
screenings at NBCCEDP programs, such as: screenings for blood pressure, 
cholesterol, and osteoporosis; health education and counseling; 
lifestyle interventions to change behavioral risk factors such as 
smoking, lack of exercise, poor nutrition, and sedentary lifestyle; and 
appropriate referrals for medical treatment and follow-up services.
  In order to be eligible for this program, states are required to 
already participate in the NBCCEDP and to

[[Page 9365]]

agree to operate their WISEWOMAN program in collaboration with the 
NBCCEDP.
  Mr. President, this bipartisan legislation has the support of the 
National Osteoporosis Foundation, the American Cancer Society and the 
Komen Foundation, among others. I urge my colleagues to join us in 
supporting this critical legislation.
                                 ______
                                 
      By Mr. DeWINE:
  S. 2636. A bill to amend title 38, United States Code, to provide pay 
parity for dentists with physicians employed by the Veterans Health 
Administration, and for other purposes; to the Committee on Veterans' 
Affairs.


      the department of veterans affairs dentists appreciation act

 Mr. DeWINE. Mr. President, as my colleagues know, there has 
been a great deal of attention given to the sizeable problems both in 
recruiting and in retaining the men and women in our military services. 
In response, Congress last year passed a 4.8 percent across the board 
pay raise, reformed the pay scales, and corrected a retirement system 
for our soliders, sailors, airmen, and marines in the service of our 
country. This year, Congress is considering ways to reform and improve 
the strength of our military health care system.
  Mr. President, these measures are the least we can do to recognize 
the men and women of our military services for the important part they 
play in maintaining our nation's security and our influence around the 
globe.
  But, Mr. President, there are other members of our civilian workforce 
that also face recruiting and retention problems, and deserve 
congressional attention. Last year, Congressman Steve LaTourette and I 
introduced the Department of Veterans Affairs (VA) Nurse Appreciation 
Act, which is designed to correct a provision in the law that has been 
used in recent years to deny VA nurses the annual cost of living pay 
adjustments given to federal employees. In some cases, the law was used 
to cut the pay of some VA nurses. The law needs to be changed.
  Today, I am introducing legislation to address another field of 
critical importance to the VA--dental care, which is also facing 
serious personnel retention problems. Over the past five years, the 
Department of Veterans Affairs has experienced a decline from 830 full-
time dentists to only 630, and the numbers are still declining. In 
addition, the turnover rate during the past 2 years have been more than 
11 percent. An increasing number of young and mid-career dentists are 
leaving the VA. There are fewer highly qualified applicants applying to 
fill vacant positions, and most vacancies take several months to fill. 
An additional concern is the aging of the current VA dental workforce. 
Within 2 years, almost 50 percent of all VA dentist will be eligible 
for regular or early-out retirement.
  The legislation I am introducing today would attempt to address these 
challenges and ensure the availability of quality dental health care 
for our veterans.
  One of the major reasons for the decline in the numbers of VA 
dentists is the availability of higher paying jobs in the civilian 
sector. The type of work done at the VA is more challenging than that 
of the average hometown dentist. VA dentists frequently provide their 
services to homeless veterans whose dental needs are much more 
demanding.
  An additional reason is that even with the ``special pay'' and the 
``responsibility pay'' that is available under current law, VA 
dentists' salaries still are not competitive with fellow non-VA 
dentists. In addition, all full-tme VA physicians receive a ``special 
pay'' incentive of $9,000 annually, while VA dentists receive only 
$3,500. The ``responsibility pay'' depends on the additional 
responsibilities the physician or dentist is performing.
  The reason for the difference is that when current law was passed 
nearly a decade ago, there was a shortfall of physicians, and a ready 
supply of dentists.
  The legislation I am introducing today, would correct this disparity 
and bring ``special pay'' for dentists to $9,000 annually and would 
increase the ``responsibility pay'' for dentists in management 
positions, so that they would be in the same responsibility pay range 
as physicians. This bill is similar to legislation introduced by 
Congressman Bob Filner of California
  The National Association of VA Physicians and Dentists have offered 
their full support for this initiative and so has the American Dental 
Association. As a matter of fact, a very dear longtime friend of my 
family, Doctor Dwight Pemberton, a friend of my parents and 
gransparents, was the one who brought this issue to my attention and 
encouraged me to introduce this legislation. I thank him for his 
support and advocacy for this legislation, and look forward to working 
toward a positive solution to this problem.
  I urge my colleagues to support this bill for the continued reliable 
dental coverage for our veterans.
  Mr. President, I ask unanimous consent that the text of the 
Department of Veterans Affairs Dentists Appreciation Act be printed in 
the Record.

                                S. 2636

       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 ``Department of Veterans 
     Affairs Dentists Appreciation Act''.

     SEC. 2. PAY PARITY FOR DENTISTS.

       (a) In General.--Section 7435(b) of title 38, United States 
     Code, is amended--
       (1) in paragraph (1), by striking ``$3,500'' and inserting 
     ``$9,000'';
       (2) in paragraph (2)(A), by amending the table to read as 
     follows:


------------------------------------------------------------------------
                                                            Rate
                ``Length of Service                ---------------------
                                                     Minimum    Maximum
------------------------------------------------------------------------
  2 years but less than 4 years...................     $4,000     $6,000
  4 years but less than 8 years...................      6,000     12,000
  8 years but less than 12 years..................     12,000     18,000
  12 years or more................................     12,000  25,000'';
------------------------------------------------------------------------


       (3) in paragraph (3)(A), by striking ``$20,000'' and 
     inserting ``$40,000'';
       (4) in paragraph (4)(A), by amending the table to read as 
     follows:


------------------------------------------------------------------------
                                                            Rate
                    ``Position                    ----------------------
                                                    Minimum     Maximum
------------------------------------------------------------------------
  Service Chief (or in a comparable position as       $4,500     $15,000
   determined by the Secretary)..................
  Chief of Staff or in an Executive Grade........     14,500      25,000
  Director Grade.................................          0   25,000'';
------------------------------------------------------------------------


       (5) in paragraph (4)(B), by amending the table to read as 
     follows:

    ``Position                                                     Rate
  Deputy Service Director......................................$20,000 
  Service Director..............................................25,000 
  Deputy Assistant Under Secretary for Health...................27,500 
  Assistant Under Secretary for Health (or in a comparable position 
    as determined by the Secretary)...........................30,000'';

       (6) in paragraph (6), by striking ``$5,000'' and inserting 
     ``$17,000''; and
       (7) in paragraph (7)(A), by striking ``$5,000'' and 
     inserting ``$15,000''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to any contract entered into under chapter 74 of 
     title 38, United States Code, after the date of the enactment 
     of this Act.
                                 ______
                                 
      By Mr. BAUCUS (for himself and Mr. Burns):
  S. 2637. A bill to require a land conveyance, Miles City Veterans 
Administration Medical Complex, Miles City, Montana; to the Committee 
on Veterans' Affairs.


  miles city veterans administration medical complex land conveyance 
                              legislation

  Mr. BURNS. Mr. President, I rise to express my support for 
legislation introduced today by my colleague, Senator Baucus, that will 
transfer ownership of the Miles City, Montana Veterans Hospital from 
the Veterans Administration to Custer County, Montana. Indeed, I am co-
sponsor of this bill for the reason that within the Veterans 
Administration there are unused properties that have become liabilities 
that detract from the mission of the VA, which is to take care of our 
veteran population. At the same time, these resources could be assets 
to the communities where they exist.
  This is exactly the situation we have in Miles City, Montana. 
Maintaining a facility that is no longer needed costs the VA 
approximately $500,000 that would otherwise be dedicated to improving 
access and quality of care for Montana's veterans. At the same time, 
the community of Miles City has need

[[Page 9366]]

of additional space for use by the community college and other entities 
designed to enhance the quality of life and economic development 
opportunities for all the people of southeast Montana.
  This legislation represents a creative solution that serves the best 
interest of all involved. The situation is not unique to Montana but we 
are willing to address the issue and take the first step towards a more 
efficient Veterans Administration. We need to dedicate the limited 
resources of this agency to the essential task of maintaining our 
commitment to America's veterans with adequate health care rather than 
to excessive administration and maintenance costs.
  At the same time, what is a liability for the VA will be an asset to 
a community that has an inadequate tax base to support the development 
of infrastructure that will have a significant and long-lasting impact 
on jobs creation, educational opportunity, and will ultimately enhance 
the tax base as well.
  The concept that is inherent in this bill is a win-win situation for 
all the affected parties and I encourage positive consideration by my 
colleagues.
                                 ______
                                 
      By Mr. DOMENICI (for himself, Mr. Kennedy, and Mr. Wellstone):
  S. 2639. A bill to amend the Public Health Service Act to provide 
programs for the treatment of mental illness; to the Committee on 
Health, Education, Labor, and Pensions.


the mental health early intervention, treatment, and prevention act of 
                                  2000

 Mr. DOMENICI. Mr. President, I rise today to introduce the 
Mental Health Early Intervention, Treatment, and Prevention Act of 2000 
with my friend Senator Kennedy.
  Today we do not even question whether mental illness is treatable. 
But, today we recoil in shock and disbelief at the consequences of 
individuals not being diagnosed or following their treatment plans. The 
results are tragedies we could have prevented.
  Just look at the tragic incidents at the Baptist Church in Dallas/
Fort Worth, the Jewish Day Care Center in Los Angeles, and the United 
States Capitol to see the common link: a severe mental illness. Or the 
fact that there are 30,000 suicides every year, including 2,000 
children and adolescents.
  It was not too long ago that our nation decided we did not want to 
keep people chained in institutions. Simply put, it was inhumane to 
simply lock these individuals up without even using science to consider 
other alternatives. In fact, one of the first awards I received as a 
Senator was a Freedom Bell made from these very chains.
  Make no mistake, our nation still has these same individuals with 
mental illness, we just do not have a very good way to deal with these 
individuals. Many of these individuals formerly locked up are now our 
neighbors taking the proper medication to control their illness.
  However, our nation simply does not have an understanding of what 
happens when individuals stop taking their medications.
  I believe the American people are ready for a direct assault on their 
consciences about a comprehensive approach to prevent the tragic 
incidents mentioned. Many people just do not take notice because 
America is known for her freedom, but sadly many of these highly 
publicized incidents of mass violence all too often involve an 
individual with a mental illness.
  When these incidents occur, my wife and I watch with horror on 
television and we often turn to each other and say that person was a 
schizophrenic or that individual was a manic depressive.
  Sadly, society often does not want to take the extra step to help 
these individuals because they are either scared or simply do not know 
how to help. Unfortunately, there is no place that a community can take 
these individuals for help. The police can do very little and likewise 
for hospitals.
  I believe we must come together as a nation to find a community based 
solution so when someone sees an individual in obvious need of help 
they will know exactly what to do.
  Some of you may have seen the recent 4 part series of articles in the 
New York Times reviewing the cases of 100 rampage killers. Most notably 
the review found that 48 killers had some kind of formal diagnosis for 
a mental illness, often schizophrenia.
  Twenty-five of the killers had received a diagnosis of mental illness 
before committing their crimes. Fourteen of 24 individuals prescribed 
psychiatric drugs had stopped taking their medication prior to 
committing their crimes.
  In particular I would point to a couple of passages from the series: 
``They give lots of warning and even tell people explicitly what they 
plan to do.'' . . . ``a closer look shows that these cases may have 
more to do with society's lack of knowledge of mental health issues . . 
. In case after case, family members, teachers and mental health 
professionals missed or dismissed signs of deterioration.''
  It is for these reasons that I am so pleased that Senator Kennedy has 
joined me to introduce this comprehensive piece of legislation. The 
legislation attempts to prevent these incidents and the other tragic 
results of mental illness before they happen.
  The bill we are introducing today will provide for: A mental Illness 
Anti-Stigma and Suicide Prevention Campaign; Emergency Mental Health 
Centers to serve as the central receiving point in communities for 
families, friends, emergency medical personnel, and law enforcement to 
take an individual in need of emergency mental health services; Mental 
Health Awareness Training for Teachers and Medical Personnel to 
identify and respond to individuals with a mental illness; Mental 
Health Courts that will maintain separate dockets and handle only cases 
involving individuals with a mental illness; A Blue Ribbon Panel to 
make recommendations on issues relating to mental illness with a focus 
on the diagnosis and treatment of mental illness; and Increased Funding 
for Innovative Treatment and Research.
  I really believe we have a historic opportunity to become preventers 
of serious, serious acts of violence before they happen. Thank you very 
much and I look forward to working with Senator Kennedy and my 
colleagues on this legislative initiative.
  Mr. President, I ask unanimous consent that a copy of the bill and a 
summary of the bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2639

       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 ``Mental Health Early 
     Intervention, Treatment, and Prevention Act of 2000''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Almost 3 percent of the adult population or 5 million 
     individuals in the United States suffer from a severe and 
     persistent mental illness.
       (2) Twenty-five to 40 percent of the individuals who suffer 
     from a mental illness in the United States will come into 
     contact with the criminal justice system each year.
       (3) Sixteen percent of all individuals incarcerated in 
     State and local jails suffer from a mental illness.
       (4) Suicide is currently a national public health crisis, 
     with approximately 30,000 Americans committing suicide every 
     year, including 2,000 children and adolescents.
       (5) The stigma associated with mental disorders often 
     discourages individuals from seeking treatment, decreases 
     such individuals' access to housing and employment, and 
     interferes with such individuals' full participation in 
     society.
       (6) In industrialized countries, mental illness constitutes 
     4 of the 10 leading causes of disability for individuals who 
     are 5 years of age or older. Such illnesses are, in the order 
     of prevalence, depression, schizophrenia, bipolar disorder, 
     and obsessive compulsive disorder.
       (7) Presently, nearly 7,500,000 children and adolescents, 
     or 12 percent of such population, suffer from 1 or more types 
     of mental disorders.
       (8) Of the almost 850,000 individuals who are homeless in 
     the United States, approximately \1/3\ or about 300,000 of 
     such individuals suffer from a serious mental illness.
       (9) The majority of individuals with a mental illness can 
     now be successfully treated.
       (10) The primary care setting provides an important 
     opportunity for the recognition of

[[Page 9367]]

     mental disorders, especially in children, adolescents, and 
     seniors.
       (11) The first Surgeon General's Report on Mental Health, 
     released in December 1999, describes a vision for the future 
     that includes 8 areas, being--
       (A) continuing to build the science base;
       (B) overcoming stigma;
       (C) improving public awareness of effective treatment;
       (D) ensuring the supply of mental health services and 
     providers;
       (E) ensuring delivery of state-of-the-art treatments;
       (F) tailoring treatment to age, gender, race, and culture;
       (G) facilitating entry into treatment; and
       (H) reducing financial barriers to treatment.

     SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

       Title V of the Public Health Service Act (42 U.S.C. 290aa 
     et seq.) is amended by adding at the end the following:

           ``PART G--PROGRAMS FOR TREATMENT OF MENTAL ILLNESS

     ``SEC. 581. ANTI-STIGMA AND SUICIDE PREVENTION CAMPAIGN.

       ``(a) In General.--The Secretary shall carry out a national 
     anti-stigma and suicide prevention campaign to reduce the 
     stigma often associated with mental illness.
       ``(b) Use of Funds.--The Secretary shall use funds 
     authorized for the campaign described in subsection (a)--
       ``(1) to make public service announcements to reduce any 
     stigma associated with mental illness;
       ``(2) to provide education regarding mental illness, 
     including education regarding the biology of mental illness, 
     the effectiveness of treatment, and the resources that are 
     available for individuals afflicted with a mental illness and 
     for families of such individuals;
       ``(3) to provide science-based education regarding suicide 
     and suicide prevention, including education regarding 
     recognition of the symptoms that indicate that thoughts of 
     suicide are being considered;
       ``(4) to provide education for parents regarding youth 
     suicide and prevention;
       ``(5) to purchase media time and space;
       ``(6) to pay for out-of-pocket advertising production 
     costs;
       ``(7) to test and evaluate advertising and educational 
     materials for effectiveness; and
       ``(8) to carry out other activities that the Secretary 
     determines will reduce the stigma associated with mental 
     illness.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section--
       ``(1) $50,000,000 to carry out paragraphs (1), (2), (4), 
     (5), (6), and (7) of subsection (b) for fiscal year 2001, and 
     such sums as may be necessary for fiscal years 2002 through 
     2005; and
       ``(2) $25,000,000 to carry out paragraph (3) of subsection 
     (b) for fiscal year 2001, and such sums as may be necessary 
     for fiscal years 2002 through 2005.

     ``SEC. 582. MENTAL ILLNESS AWARENESS TRAINING GRANTS FOR 
                   TEACHERS AND EMERGENCY SERVICES PERSONNEL.

       ``(a) Program Authorized.--The Secretary shall award grants 
     to States, political subdivisions of States, Indian tribes, 
     and tribal organizations to train teachers and other relevant 
     school personnel to recognize symptoms of childhood and 
     adolescent mental disorders, to refer family members to the 
     appropriate mental health services if necessary, to train 
     emergency services personnel to identify and appropriately 
     respond to persons with a mental illness, and to provide 
     education to such teachers and personnel regarding resources 
     that are available in the community for individuals with a 
     mental illness.
       ``(b) Emergency Services Personnel.--In this section, the 
     term `emergency services personnel' includes paramedics, 
     firefighters, and emergency medical technicians.
       ``(c) Distribution of Awards.--The Secretary shall ensure 
     that such grants awarded under subsection (a) are equitably 
     distributed among the geographical regions of the United 
     States and between urban and rural populations.
       ``(d) Application.--A State, political subdivision of a 
     State, Indian tribe, or tribal organization that desires a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require, including a plan 
     for the rigorous evaluation of activities that are carried 
     out with funds received under a grant under this section.
       ``(e) Use of Funds.--A State, political subdivision of a 
     State, Indian tribe, or tribal organization receiving a grant 
     under subsection (a) shall use funds from such grant to--
       ``(1) train teachers and other relevant school personnel to 
     recognize symptoms of childhood and adolescent mental 
     disorders and appropriately respond;
       ``(2) train emergency services personnel to identify and 
     appropriately respond to persons with a mental illness; and
       ``(3) provide education to such teachers and personnel 
     regarding resources that are available in the community for 
     individuals with a mental illness.
       ``(f) Evaluation.--A State, political subdivision of a 
     State, Indian tribe, or tribal organization that receives a 
     grant under this section shall prepare and submit an 
     evaluation to the Secretary at such time, in such manner, and 
     containing such information as the Secretary may reasonably 
     require, including an evaluation of activities carried out 
     with funds received under the grant under this section and a 
     process and outcome evaluation.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $50,000,000 for 
     fiscal year 2001 and such sums as may be necessary for each 
     of fiscal years 2002 through 2005.

     ``SEC. 583. GRANTS FOR EMERGENCY MENTAL HEALTH CENTERS.

       ``(a) Program Authorized.--The Secretary shall award grants 
     to States, political subdivisions of States, Indian tribes, 
     and tribal organizations to support the designation of 
     hospitals and health centers as Emergency Mental Health 
     Centers.
       ``(b) Health center.--In this section, the term `health 
     center' has the meaning given such term in section 330, and 
     includes community health centers and community mental health 
     centers.
       ``(c) Distribution of Awards.--The Secretary shall ensure 
     that such grants awarded under subsection (a) are equitably 
     distributed among the geographical regions of the United 
     States, between urban and rural populations, and between 
     different settings of care including health centers, mental 
     health centers, hospitals, and other psychiatric units or 
     facilities.
       ``(d) Application.--A State, political subdivision of a 
     State, Indian tribe, or tribal organization that desires a 
     grant under subsection (a) shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require, including a plan 
     for the rigorous evaluation of activities carried out with 
     funds received under this section.
       ``(e) Use of Funds.--
       ``(1) In general.--A State, political subdivision of a 
     State, Indian tribe, or tribal organization receiving a grant 
     under subsection (a) shall use funds from such grant to 
     establish or designate hospitals and health centers as 
     Emergency Mental Health Centers.
       ``(2) Emergency mental health centers.--Such Emergency 
     Mental Health Centers described in paragraph (1)--
       ``(A) shall--
       ``(i) serve as a central receiving point in the community 
     for individuals who may be in need of emergency mental health 
     services;
       ``(ii) purchase, if needed, any equipment necessary to 
     evaluate, diagnose and stabilize an individual with a mental 
     illness;
       ``(iii) provide training, if needed, to the medical 
     personnel staffing the Emergency Mental Health Center to 
     evaluate, diagnose, stabilize, and treat an individual with a 
     mental illness; and
       ``(iv) provide any treatment that is necessary for an 
     individual with a mental illness or a referral for such 
     individual to another facility where such treatment may be 
     received; and
       ``(B) may establish and train a mobile crisis intervention 
     team to respond to mental health emergencies within the 
     community.
       ``(f) Evaluation.--A State, political subdivision of a 
     State, Indian tribe, or tribal organization that receives a 
     grant under subsection (a) shall prepare and submit an 
     evaluation to the Secretary at such time, in such manner, and 
     containing such information as the Secretary may reasonably 
     require, including an evaluation of activities carried out 
     with funds received under this section and a process and 
     outcomes evaluation.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $50,000,000 for 
     fiscal year 2001 and such sums as may be necessary for each 
     of the fiscal years 2002 through 2005.

     ``SEC. 584. GRANTS FOR JAIL DIVERSION PROGRAMS.

       ``(a) Program Authorized.--The Secretary shall make up to 
     125 grants to States, political subdivisions of States, 
     Indian tribes, and tribal organizations, acting directly or 
     through agreements with other public or nonprofit entities, 
     to develop and implement programs to divert individuals with 
     a mental illness from the criminal justice system to 
     community-based services.
       ``(b) Administration.--
       ``(1) Consultation.--The Secretary shall consult with the 
     Attorney General and any other appropriate officials in 
     carrying out this section.
       ``(2) Regulatory Authority.--The Secretary shall issue 
     regulations and guidelines necessary to carry out this 
     section, including methodologies and outcome measures for 
     evaluating programs carried out by States, political 
     subdivisions of States, Indian tribes, and tribal 
     organizations receiving grants under subsection (a).
       ``(c) Applications.--
       ``(1) In general.--To receive a grant under subsection (a), 
     the chief executive of a State, chief executive of a 
     subdivision of a State, Indian tribe or tribal organization 
     shall prepare and submit an application to the Secretary at 
     such time, in such manner, and containing such information as 
     the Secretary shall reasonably require.
       ``(2) Content.--Such application shall--

[[Page 9368]]

       ``(A) contain an assurance that--
       ``(i) community-based mental health services will be 
     available for the individuals who are diverted from the 
     criminal justice system, and that such services are based on 
     the best known practices, reflect current research findings, 
     include case management, assertive community treatment, 
     medication management and access, integrated mental health 
     and co-occurring substance abuse treatment, and psychiatric 
     rehabilitation, and will be coordinated with social services, 
     including life skills training, housing placement, vocational 
     training, education job placement, and health care;
       ``(ii) there has been relevant interagency collaboration 
     between the appropriate criminal justice, mental health, and 
     substance abuse systems; and
       ``(iii) the Federal support provided will be used to 
     supplement, and not supplant, State, local, Indian tribe, or 
     tribal organization sources of funding that would otherwise 
     be available;
       ``(B) demonstrate that the diversion program will be 
     integrated with an existing system of care for those with 
     mental illness;
       ``(C) explain the applicant's inability to fund the program 
     adequately without Federal assistance;
       ``(D) specify plans for obtaining necessary support and 
     continuing the proposed program following the conclusion of 
     Federal support; and
       ``(E) describe methodology and outcome measures that will 
     be used in evaluating the program.
       ``(d) Use of Funds.--A State, political subdivision of a 
     State, Indian tribe, or tribal organization that receives a 
     grant under subsection (a) may use funds received under such 
     grant to--
       ``(1) integrate the diversion program into the existing 
     system of care;
       ``(2) create or expand community-based mental health and 
     co-occurring mental illness and substance abuse services to 
     accommodate the diversion program;
       ``(3) train professionals involved in the system of care, 
     and law enforcement officers, attorneys, and judges; and
       ``(4) provide community outreach and crisis intervention.
       ``(e) Federal Share.--
       ``(1) In general.--The Secretary shall pay to a State, 
     political subdivision of a State, Indian tribe, or tribal 
     organization receiving a grant under subsection (a) the 
     Federal share of the cost of activities described in the 
     application.
       ``(2) Federal share.--The Federal share of a grant made 
     under this section shall not exceed 75 percent of the total 
     cost of the program carried out by the State, political 
     subdivision of a State, Indian tribe, or tribal organization. 
     Such share shall be used for new expenses of the program 
     carried out by such State, political subdivision of a State, 
     Indian tribe, or tribal organization.
       ``(3) Non-Federal share.--The non-Federal share of payments 
     made under this section may be made in cash or in kind fairly 
     evaluated, including planned equipment or services. The 
     Secretary may waive the requirement of matching 
     contributions.
       ``(f) Geographic Distribution.--The Secretary shall ensure 
     that such grants awarded under subsection (a) are equitably 
     distributed among the geographical regions of the United 
     States and between urban and rural populations.
       ``(g) Training and Technical Assistance.--Training and 
     technical assistance may be provided by the Secretary to 
     assist a State, political subdivision of a State, Indian 
     tribe, or tribal organization receiving a grant under 
     subsection (a) in establishing and operating a diversion 
     program.
       ``(h) Evaluations.--The programs described in subsection 
     (a) shall be evaluated not less than 1 time in every 12-month 
     period using the methodology and outcome measures identified 
     in the grant application.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $10,000,000 for fiscal year 2001, and such sums as may be 
     necessary for fiscal years 2002 through 2005.

     ``SEC. 585. SUICIDE PREVENTION ACROSS THE LIFE SPECTRUM.

       ``(a) In General.--The Secretary shall award grants, 
     cooperative agreements, or contracts to States, political 
     subdivisions of States, Indian tribes, tribal organizations, 
     and private nonprofit organizations to establish programs to 
     reduce suicide deaths in the United States.
       ``(b) Duration.--With respect to a grant, contract, or 
     cooperative agreement awarded under subsection (a), the 
     period during which payments under such award may be made to 
     the recipient may not exceed 5 years.
       ``(c) Special Populations.--In awarding grants, contracts, 
     and cooperative agreements under subsection (a), the 
     Secretary shall ensure that a portion of such awards are made 
     in a manner that will focus on the needs of populations who 
     experience high or rapidly rising rates of suicide.
       ``(d) Collaboration.--In carrying out subsection (a), the 
     Secretary shall ensure that activities under this section are 
     coordinated with activities carried out by the relevant 
     institutes at the National Institutes of Health, the Health 
     Resources and Services Administration, the Centers for 
     Disease Control and Prevention, the Administration on 
     Children and Families, and the Administration on Aging.
       ``(e) Requirements.--A State, political subdivision of a 
     State, Indian tribe, tribal organization, or private 
     nonprofit organization desiring a grant, contract, or 
     cooperative agreement under subsection (a) shall demonstrate 
     that the program such entity proposes will--
       ``(1) provide for the timely assessment and treatment of 
     individuals at risk for suicide;
       ``(2) use evidence-based strategies;
       ``(3) be based on best practices that are adapted to the 
     local community;
       ``(4) integrate its program into the existing health care 
     system in the community, including primary health care, 
     mental health services, and substance abuse services;
       ``(5) be integrated into other systems in the community 
     that address the needs of individuals, including the 
     educational system, juvenile justice system, prisons, welfare 
     and child protection systems, and community youth support 
     organizations;
       ``(6) use primary prevention methods to educate and raise 
     awareness in the local community by disseminating information 
     about suicide prevention;
       ``(7) include services for the families and friends of 
     individuals who completed suicide;
       ``(8) provide linguistically appropriate and culturally 
     competent services;
       ``(9) provide a plan for the evaluation of outcomes and 
     activities at the local level and agree to participate in a 
     National evaluation;
       ``(10) provide or ensure adequate provision of mental 
     health and substance abuse services, either through provision 
     of direct services or referral; and
       ``(11) ensure that staff used in the program are trained in 
     suicide prevention and that professionals involved in the 
     system of care are given training in identifying persons at 
     risk of suicide.
       ``(f) Application.--A State, political subdivision of a 
     State, Indian tribe, tribal organization, or private 
     nonprofit organization receiving a grant, cooperative 
     agreement, or contract under subsection (a) shall prepare and 
     submit an application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     reasonably require. Such application shall include a plan for 
     the rigorous evaluation of activities funded under the grant, 
     cooperative agreement, or contract, including a process and 
     outcomes evaluation.
       ``(g) Distribution of Awards.--In awarding grants, 
     contracts, and cooperative agreements under subsection (a), 
     the Secretary shall ensure that such awards are equitably 
     distributed among the geographical regions of the United 
     States and between urban and rural populations.
       ``(h) Evaluation.--A State, political subdivision of a 
     State, Indian tribe, tribal organization, or private 
     nonprofit organization receiving a grant, cooperative 
     agreement, or contract under subsection (a) shall prepare and 
     submit to the Secretary at the end of the program period, an 
     evaluation of all activities funded under this section.
       ``(i) Dissemination and Education.--The Secretary shall 
     ensure that findings derived from activities carried out 
     under this section are disseminated to State, county, and 
     local governmental agencies and nonprofit organizations 
     active in promoting suicide prevention and family support 
     activities.
       ``(j) Authorization of Appropriation.--There are authorized 
     to be appropriated to carry out this section $75,000,000 for 
     fiscal year 2001, and such sums as may be necessary for 
     fiscal years 2002 through 2005.

     ``SEC. 586. MENTAL ILLNESS OUTREACH SCREENING PROGRAMS.

       ``(a) In General.--The Secretary shall award grants, 
     cooperative agreements, or contracts to States, political 
     subdivisions of States, Indian tribes, tribal organizations, 
     and private nonprofit organizations to conduct outreach 
     screening programs to identify children, adolescents, and 
     adults with a mental illness or a mental illness and co-
     occurring substance abuse disorder and to provide referrals 
     for such children, adolescents, and adults.
       ``(b) Duration.--The Secretary shall award grants, 
     cooperative agreements, or contracts under subsection (a) for 
     a period of not more than 5 years.
       ``(c) Application.--A State, political subdivision of a 
     State, Indian tribe, tribal organization, or private 
     nonprofit organization desiring a grant, cooperative 
     agreement, or contract under subsection (a) shall prepare and 
     submit an application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     require, including--
       ``(1) a plan for the rigorous evaluation of activities 
     funded under the grant, including a process and outcomes 
     evaluation; and
       ``(2) provide or ensure adequate provision of mental health 
     and substance abuse services, either through provision of 
     direct services or referral.
       ``(d) Use of Funds.--A State, political subdivision of a 
     State, Indian tribe, tribal organization, or private 
     nonprofit organization receiving a grant, cooperative 
     agreement, or contract under subsection (a) shall use funds 
     received under such grant--
       ``(1) to provide screening and referrals for children, 
     adolescents, and adults with a mental illness, especially for 
     underserved populations and groups historically less likely 
     to

[[Page 9369]]

     seek mental health and substance abuse services;
       ``(2) to ensure that appropriate referrals are provided for 
     children, adolescents, and adults in need of mental health 
     services or in need of integrated services relating to a co-
     occurring mental illness and substance abuse disorder; 
       ``(3) to utilize evidence-based and cost-effective 
     screening tools; and
       ``(4) to utilize existing, or to develop if necessary, 
     linguistically appropriate and culturally competent screening 
     tools.
       ``(e) Distribution of Awards.--The Secretary shall ensure 
     that such grants, cooperative agreements, and contracts 
     awarded under subsection (a) are equitably distributed among 
     the geographical regions of the United States and between 
     urban and rural populations.
       ``(f) Evaluation.--A State, political subdivision of a 
     State, Indian tribe, tribal organization, or private 
     nonprofit organization that receives a grant, cooperative 
     agreement, or contract under subsection (a) shall prepare and 
     submit to the Secretary an evaluation at the end of the 
     program period regarding activities funded under the grant.
       ``(g) Public Information.--The Secretary shall ensure that 
     the evaluations submitted under subsection (f) are available 
     and disseminated to State, county and local governmental 
     agencies, and to private providers of mental health and 
     substance abuse services.
       ``(h) Authorization of Appropriation.--There is authorized 
     to be appropriated to carry out this section, $15,000,000 for 
     fiscal year 2001, and such sums as may be necessary for 
     fiscal years 2002 through 2005.

     ``SEC. 587. GRANTS FOR MENTAL ILLNESS TREATMENT SERVICES.

       ``(a) Grants for the Expansion of Mental Health Services.--
       ``(1) In general.--The Secretary shall award grants, 
     contracts, or cooperative agreements to States, political 
     subdivisions of States, Indian tribes, tribal organizations, 
     and private nonprofit organizations for the purpose of 
     expanding community-based mental health services to meet 
     emerging or urgent mental health service needs in local 
     communities.
       ``(2) Priority.--The Secretary shall give priority in 
     making awards under paragraph (1) to States, political 
     subdivisions of States, Indian tribes, tribal organizations, 
     and private nonprofit organizations that--
       ``(A) have an integrated system of care or are committed to 
     developing such system of care;
       ``(B) have a significant need for mental health services as 
     shown by a needs assessment and a lack of funds for providing 
     the needed services; and
       ``(C) will work with--
       ``(i) adults who have a history of repeated psychiatric 
     hospitalizations, have a history of interactions with law 
     enforcement or the criminal justice system, or are homeless; 
     or
       ``(ii) children or adolescents who are at risk for suicide, 
     parental relinquishment of custody, encounters with the 
     juvenile justice system, behavior dangerous to themselves or 
     others, or being homeless.
       ``(3) Use of funds.--A State, political subdivision of a 
     State, Indian tribe, tribal organization, or private 
     nonprofit organization receiving a grant, contract, or 
     cooperative agreement under paragraph (1) may use the funds 
     received under such grant, contract, or cooperative agreement 
     to--
       ``(A) develop an integrated system of care for the 
     provision of services for children with a serious emotional 
     disturbance or adults with a serious mental illness;
       ``(B) expand community-based mental health services, which 
     may include assertive community treatment, intensive case 
     management, psychiatric rehabilitation, peer support 
     services, comprehensive wraparound services, and day 
     treatment programs;
       ``(C) ensure continuity of care for children, adolescents, 
     and adults discharged from the hospital and returning to the 
     community; and
       ``(D) provide outreach to children, adolescents, and adults 
     in the community in need of mental health services, including 
     individuals who are homeless.
       ``(b) Grants for the Integrated Treatment of Serious Mental 
     Illness and Co-occurring Substance Abuse.--
       ``(1) In general.--The Secretary shall award grants, 
     contracts, or cooperative agreements to States, political 
     subdivisions of States, Indian tribes, tribal organizations, 
     and private nonprofit organizations for the development or 
     expansion of programs to provide integrated treatment 
     services for individuals with a serious mental illness and a 
     co-occurring substance abuse disorder.
       ``(2) Priority.--In awarding grants, contracts, and 
     cooperative agreements under paragraph (1), the Secretary 
     shall give priority to applicants that emphasize the 
     provision of services for individuals with a serious mental 
     illness and a co-occurring substance abuse disorder who--
       ``(A) have a history of interactions with law enforcement 
     or the criminal justice system;
       ``(B) have recently been released from incarceration;
       ``(C) have a history of unsuccessful treatment in either an 
     inpatient or outpatient setting;
       ``(D) have never followed through with outpatient services 
     despite repeated referrals; or
       ``(E) are homeless.
       ``(3) Use of funds.--A State, political subdivision of a 
     State, Indian tribe, tribal organization, or private 
     nonprofit organization that receives a grant, contract, or 
     cooperative agreement under paragraph (1) shall use funds 
     received under such grant--
       ``(A) to provide fully integrated services rather than 
     serial or parallel services;
       ``(B) to employ staff that are cross-trained in the 
     diagnosis and treatment of both serious mental illness and 
     substance abuse;
       ``(C) to provide integrated mental health and substance 
     abuse services at the same location;
       ``(D) to provide services that are linguistically 
     appropriate and culturally competent;
       ``(E) to provide at least 10 programs for integrated 
     treatment of both mental illness and substance abuse at sites 
     that previously provided only mental health services or only 
     substance abuse services; and
       ``(F) to provide services in coordination with other 
     existing public and private community programs.
       ``(4) Condition.--The Secretary shall ensure that a State, 
     political subdivision of a State, Indian tribe, tribal 
     organization, or private nonprofit organization that receives 
     a grant, contract, or cooperative agreement under paragraph 
     (1) maintains the level of effort necessary to sustain 
     existing mental health and substance abuse programs for other 
     populations served by mental health systems in the community.
       ``(5) Distribution of awards.--The Secretary shall ensure 
     that grants, contracts, or cooperative agreements awarded 
     under paragraph (1) are equitably distributed among the 
     geographical regions of the United States and between urban 
     and rural populations.
       ``(c) Duration.--The Secretary shall award grants, 
     contract, or cooperative agreements under subsections (a) and 
     (b) for a period of not more than 5 years.
       ``(d) Application.--A State, political subdivision of a 
     State, Indian tribe, tribal organization, or private 
     nonprofit organization that desires a grant, contract, or 
     cooperative agreement under subsection (a) or (b) shall 
     prepare and submit an application to the Secretary at such 
     time, in such manner, and containing such information as the 
     Secretary may require. Such application shall include a plan 
     for the rigorous evaluation of activities funded with an 
     award under such subsections, including a process and 
     outcomes evaluation.
       ``(e) Evaluation.--A State, political subdivision of a 
     State, Indian tribe, tribal organization, or private 
     nonprofit organization that receives a grant, contract, or 
     cooperative agreement under subsections (a)(1) and (b)(1) 
     shall prepare and submit a plan for the rigorous evaluation 
     of the program funded under such grant, contract, or 
     agreement, including both process and outcomes evaluation, 
     and the submission of an evaluation at the end of the project 
     period.
       ``(f) Authorization of Appropriation.--There is authorized 
     to be appropriated to carry out this section--
       ``(1) $50,000,000 for subsection (a) for fiscal year 2001, 
     and such sums as may be necessary for fiscal years 2002 
     through 2005; and
       ``(2) $50,000,000 for subsection (b) for fiscal year 2001, 
     and such sums as may be necessary for fiscal years 2002 
     through 2005.

     ``SEC. 588. CENTERS OF EXCELLENCE FOR POST TRAUMATIC STRESS 
                   AND RELATED DISORDERS.

       ``(a) In General.--The Secretary shall award grants, 
     contracts, or cooperative agreements to public and nonprofit 
     private entities for the purpose of establishing national and 
     regional centers of excellence on psychological trauma 
     response and for developing knowledge with regard to 
     evidence-based practices for treating psychiatric disorders 
     resulting from witnessing or experiencing a traumatic event.
       ``(b) Priorities.--In awarding grants, contracts, or 
     cooperative agreements under subsection (a) related to the 
     development of knowledge on evidence-based practices for 
     treating disorders associated with psychological trauma, the 
     Secretary shall give priority to entities proposing programs 
     that work with children, adolescents, adults, and families 
     who are survivors and witnesses of domestic, school, and 
     community violence and terrorism.
       ``(c) Geographical Distribution.--The Secretary shall 
     ensure that grants, contracts, or cooperative agreements 
     under subsection (a) with respect to centers of excellence 
     are distributed equitably among the regions of the country 
     and among urban and rural areas.
       ``(d) Application.--A public or nonprofit private entity 
     desiring a grant, contract, or cooperative agreement under 
     subsection (a) shall prepare and submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may reasonably require.
       ``(e) Evaluation.--The Secretary, as part of the 
     application process, shall require that each applicant for a 
     grant, contract, or cooperative agreement under subsection 
     (a) submit a plan for the rigorous evaluation of the 
     activities funded under the grant, contract, or agreement, 
     including both process and

[[Page 9370]]

     outcomes evaluation, and the submission of an evaluation at 
     the end of the project period.
       ``(f) Duration of Awards.--With respect to a grant, 
     contract or cooperative agreement awarded under subsection 
     (a), the period during which payments under such an award 
     will be made to the recipient may not exceed 5 years. Such 
     grants, contracts, or agreements may be renewed.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $50,000,000 for 
     fiscal year 2001, and such sums as may be necessary for each 
     of the fiscal years 2002 through 2005.

     ``SEC. 589. MENTAL ILLNESS TREATMENT COMPLIANCE INITIATIVE.

       ``(a) In General.--The Secretary, acting through the 
     Director of the National Institute of Mental Health, shall 
     establish a research program to determine factors 
     contributing to noncompliance with outpatient treatment 
     plans, and to design innovative, community-based programs 
     that use noncoercive methods to enhance compliance.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary.

     ``SEC. 590. CENTERS OF EXCELLENCE FOR TRANSLATIONAL RESEARCH.

       ``(a) In General.--The Director of the National Institute 
     of Mental Health shall establish Centers for Excellence in 
     Translational Research to speed knowledge from basic 
     scientific findings to clinical application.
       ``(b) Purpose.--Such centers shall--
       ``(1) engage in basic and clinical research and training of 
     clinicians in the neuroscience of mental health; and
       ``(2) develop model curricula for the teaching of basic 
     neuroscience to medical students, residents, and post 
     doctoral fellows in clinical psychiatry and psychology.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary.

     ``SEC. 591. INCENTIVES TO INCREASE THE SUPPLY OF BASIC AND 
                   CLINICAL MENTAL HEALTH RESEARCHERS.

       ``(a) In General.--The Secretary, acting through the 
     Director of National Institute of Mental Health, shall 
     develop and implement a program to increase the supply of 
     basic researchers and clinical researchers in the mental 
     health field. Such program may include loan forgiveness, 
     scholarships, and fellowships with both stipends and funds 
     for laboratory investigation. Such program, in part, shall be 
     designed to attract both female and under-represented 
     minority psychiatrists and psychologists into laboratory 
     research in the neuroscience of mental health and mental 
     illness.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary.

     ``SEC. 592. IMPROVING OUTCOMES FOR CHILDREN AND ADOLESCENTS 
                   THROUGH SERVICES INTEGRATION BETWEEN CHILD 
                   WELFARE AND MENTAL HEALTH SERVICES.

       ``(a) In General.--The Secretary shall award grants, 
     contracts or cooperative agreements to States, political 
     subdivisions of States, Indian tribes, and tribal 
     organizations to provide integrated child welfare and mental 
     health services for children and adolescents under 19 years 
     of age in the child welfare system or at risk for becoming 
     part of the system, and parents or caregivers with a mental 
     illness or a mental illness and a co-occurring substance 
     abuse disorder.
       ``(b) Duration.--With respect to a grant, contract or 
     cooperative agreement awarded under this section, the period 
     during which payments under such award are made to the 
     recipient may not exceed 5 years.
       ``(c) Application.--
       ``(1) In general.--To be eligible to receive an award under 
     subsection (a), a State, political subdivision of a State, 
     Indian tribe, or tribal organization shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     reasonably require.
       ``(2) Content.--An application submitted under paragraph 
     (1) shall--
       ``(A) describe the program to be funded under the grant, 
     contract or cooperative agreement;
       ``(B) explain how such program reflects best practices in 
     the provision of child welfare and mental health services; 
     and
       ``(C) provide assurances that--
       ``(i) persons providing services under the grant, contract 
     or cooperative agreement are adequately trained to provide 
     such services; and
       ``(ii) the services will be provided in accordance with 
     subsection (d).
       ``(d) Use of Funds.--A State, political subdivision of a 
     State, Indian tribe, or tribal organization that receives a 
     grant, contract, or cooperative agreement under subsection 
     (a) shall use amounts made available through such grant, 
     contract or cooperative agreement to--
       ``(1) provide family-centered, comprehensive, and 
     coordinated child welfare and mental health services, 
     including prevention, early intervention and treatment 
     services for children and adolescents, and for their parents 
     or caregivers;
       ``(2) ensure a single point of access for such coordinated 
     services;
       ``(3) provide integrated mental health and substance abuse 
     treatment for children, adolescents, and parents or 
     caregivers with a mental illness and a co-occurring substance 
     abuse disorder;
       ``(4) provide training for the child welfare, mental health 
     and substance abuse professionals who will participate in the 
     program carried out under this section;
       ``(5) provide technical assistance to child welfare and 
     mental health agencies;
       ``(6) develop cooperative efforts with other service 
     entities in the community, including education, social 
     services, juvenile justice, and primary health care agencies;
       ``(7) coordinate services with services provided under the 
     medicaid program and the State Children's Health Insurance 
     Program under titles XIX and XXI of the Social Security Act;
       ``(8) provide linguistically appropriate and culturally 
     competent services; and
       ``(9) evaluate the effectiveness and cost-efficiency of the 
     integrated services that measure the level of coordination, 
     outcome measures for parents or caregivers with a mental 
     illness or a mental illness and a co-occurring substance 
     abuse disorder, and outcome measures for children.
       ``(e) Distribution of Awards.--The Secretary shall ensure 
     that grants, contracts, and cooperative agreements awarded 
     under subsection (a) are equitably distributed among the 
     geographical regions of the United States and between urban 
     and rural populations.
       ``(f) Evaluation.--The Secretary shall evaluate each 
     program carried out by a State, political subdivision of a 
     State, Indian tribe, or tribal organization under subsection 
     (a) and shall disseminate the findings with respect to each 
     such evaluation to appropriate public and private entities.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $20,000,000 for 
     fiscal year 2001, and such sums as may be necessary for each 
     of fiscal years 2002 and 2005.''.

     ``SEC. 593. PRIMARY CARE RESIDENCY TRAINING GRANTS.

       ``(a) In General.--The Secretary shall award grants to 
     institutions with accredited residency training programs that 
     provide residency training in primary care to provide 
     training to identify individuals with a mental illness and to 
     refer such individuals for treatment to mental health 
     professionals when appropriate.
       ``(b) Primary Care.--In this section, the term `primary 
     care' includes family practice, internal medicine, 
     pediatrics, obstetrics and gynecology, geriatrics, and 
     emergency medicine.
       ``(c) Distribution of Awards.--The Secretary shall ensure 
     that such grants awarded under subsection (a) are equitably 
     distributed among the geographical regions of the United 
     States and between urban and rural populations.
       ``(d) Eligibility.--In order to be eligible to receive a 
     grant under this section, an institution with a residency 
     training program shall require residents to demonstrate core 
     competencies in the diagnosis, treatment options, and 
     referral for treatment for individuals with a mental illness.
       ``(e) Application.--An institution with a residency 
     training program desiring a grant under subsection (a) shall 
     prepare and submit an application to the Secretary at such 
     time, in such manner, and containing such information as the 
     Secretary may require.
       ``(f) Use of Funds.--An institution with a residency 
     training program that receives a grant under subsection (a) 
     shall use funds received under such grant to--
       ``(1) provide training for the diagnosis and treatment of 
     mental illness, and for appropriate referrals to mental 
     health professionals; and
       ``(2) develop model curricula or expand existing model 
     curricula to teach primary care residents the relationship 
     between physical illness and the mind and to effectively 
     diagnose and treat mental illnesses and make appropriate 
     referrals to mental health professionals which shall 
     include--
       ``(A) the development of core competencies in the 
     diagnosis, treatment options, and referral of individuals 
     with a mental illness;
       ``(B) a testing component to ensure that residents 
     demonstrate a proficiency in such core competencies; and
       ``(C) model curricula regarding neuroscience and behavior 
     to enhance the understanding of mental illness.
       ``(g) Evaluation.--An institution with a residency training 
     program that receives a grant under subsection (a) shall 
     prepare and submit to the Secretary an evaluation of the 
     activities carried out with funds received under this 
     section, including a process and outcomes evaluation.
       ``(h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $10,000,000 for 
     fiscal year 2001 and such sums as may be necessary for each 
     of fiscal years 2002 through 2005.

     ``SEC. 594. TRAINING AND CONTINUING EDUCATION GRANTS FOR 
                   PRIMARY HEALTH CARE PROVIDERS.

       ``(a) In General.--The Secretary shall award grants to 
     academic health centers, community hospitals, and out-patient 
     clinics, including community health centers and

[[Page 9371]]

     community mental health centers, for the continuing education 
     of appropriate primary care providers in the diagnosis, 
     treatment, and referrals of children, adolescents, and adults 
     with a mental illness to mental health professionals, and for 
     the education of primary care providers in the delivery of 
     effective medical care to such children, adolescents, and 
     adults.
       ``(b) Distribution of Awards.--The Secretary shall ensure 
     that such grants awarded under subsection (a) are equitably 
     distributed among the geographical regions of the United 
     States and between urban and rural populations.
       ``(c) Application.--An academic health center, community 
     hospital, or out-patient clinic, including a community health 
     center and a community mental health center, desiring a grant 
     under subsection (a) shall prepare and submit an application 
     to the Secretary at such time, in such manner, and containing 
     such information as the Secretary may require, including a 
     plan for the rigorous evaluation of activities carried out 
     with funds received under this section, including a process 
     and outcomes evaluation.
       ``(d) Use of Funds.--An academic health center, community 
     hospital, or out-patient clinic, including a community health 
     center and a community mental health center, that receives a 
     grant under this section shall use funds received under such 
     grant for the continuing education of primary care providers 
     in the diagnosis, treatment options, and appropriate 
     referrals of children, adolescents, and adults with a mental 
     illness to mental health professionals, and for the education 
     of primary care providers in the delivery of effective 
     medical care to such children, adolescents, and adults.
       ``(e) Evaluation.--An academic health center, community 
     hospital, or out-patient clinic, including a community health 
     center and a community mental health center, that receives a 
     grant under this section shall prepare and submit an 
     evaluation to the Secretary that describes activities carried 
     out with funds received under this section.
       ``(f) Definitions.--In this section:
       ``(1) Health center.--The term `health center' has the 
     meaning given such term in section 330, and includes 
     community mental health centers.
       ``(2) Primary care.--The term `primary care' includes 
     family practice, internal medicine, pediatrics, obstetrics 
     and gynecology, geriatrics, and emergency medicine.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $20,000,000 for 
     fiscal year 2001 and such sums as may be necessary for each 
     of fiscal years 2002 through 2005.

     ``SEC. 595. COMMISSION.

       ``(a) Commission.--There is established a Commission that 
     shall study issues regarding the diagnosis, treatment, 
     rehabilitation, and hospitalization of individuals with a 
     mental illness, make recommendations regarding the findings 
     of such research, and develop model State legislation based 
     on the results of such research if appropriate.
       ``(b) Duties.--The Commission established under subsection 
     (a) shall--
       ``(1) study issues regarding the screening, diagnosis, and 
     treatment of individuals with a mental illness in both an 
     outpatient and inpatient setting;
       ``(2) study the effectiveness and results of outpatient and 
     inpatient involuntary treatment of individuals with a mental 
     illness, review existing laws governing outpatient 
     involuntary treatment of individuals with a mental illness, 
     and if appropriate, propose model State legislation to 
     regulate such involuntary treatment;
       ``(3) study the effectiveness and results of promoting the 
     inclusion of individuals with a mental illness in their 
     treatment decisions and the use of psychiatric advance 
     directives, and if appropriate, propose model State 
     legislation;
       ``(4) review the report `Mental Health: A Report of the 
     Surgeon General' and develop policy recommendations for 
     Federal, State, and local governments to guide the 
     development of public policy, implement the findings of the 
     Surgeon General;
       ``(5) develop mental health proposals, based on the 
     supplemental report of the Surgeon General on mental health 
     and race, culture, and ethnicity, to improve the diagnosis, 
     treatment, rehabilitation, and hospitalization of individuals 
     with a mental illness, and the utilization of services for 
     such individuals among diverse populations;
       ``(6) study the coordination of services between the health 
     care system, social services system, and the criminal justice 
     system for individuals with a mental illness;
       ``(7) study the adequacy of current treatment services for 
     mental illness; and
       ``(8) study issues regarding the mental illness of 
     incarcerated individuals in the criminal justice system and 
     develop recommendations for programs to identify, diagnose, 
     and treat such individuals.
       ``(c) Members of the Commission.--
       ``(1) In general.--The Commission established under 
     subsection (a) shall be composed of--
       ``(A) the Director of the National Institute of Mental 
     Health;
       ``(B) the Director of the Center for Mental Health 
     Services; and
       ``(C) a representative from a State or local mental health 
     agency;
       ``(D) a judge;
       ``(E) a prosecutor;
       ``(F) a criminal defense attorney;
       ``(G) a constitutional law scholar;
       ``(H) a law enforcement official;
       ``(I) a county corrections official.
       ``(J) a board certified psychiatrist;
       ``(K) a psychologist;
       ``(L) a medical ethicist;
       ``(M) 2 mental health advocates, 1 of which shall be a 
     consumer of mental health services; and
       ``(N) a family member of an individual with a mental 
     illness.
       ``(2) Selection.--Members of the Commission established 
     under subsection (a) shall be selected in the following 
     manner:
       ``(A) The Majority Leader of the Senate, in consultation 
     with the Minority Leader of the Senate, shall select 5 
     members of the Commission, with not more than 3 of such 
     members being of the same political party.
       ``(B) The Speaker of the House of Representatives, in 
     consultation with the Minority Leader of the House of 
     Representatives, shall select 5 members of the Commission, 
     with not more than 3 of such members being of the same 
     political party.
       ``(C) The President shall select 5 members of the 
     Commission, 2 of which shall be the Director of the National 
     Institute of Mental Health and the Director of the Center for 
     Mental Health Services.
       ``(d) Report.--
       ``(1) Interim report.--Not later than 10 months after the 
     date of enactment of this section, the Commission shall 
     prepare and submit to Congress a report that describes the 
     progress of the Commission regarding issues described in 
     paragraphs (2) and (3) of subsection (b) and recommends the 
     value of developing model State legislation.
       ``(2) Final report.--Not later than 18 months after the 
     date of enactment of this section, the Commission shall 
     prepare and submit to the President and Congress a report 
     that describes the findings of the Commission, and the 
     recommendations and model legislation created by such 
     Commission.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $1,500,000.''.

     SEC. 4. LAW ENFORCEMENT MENTAL HEALTH GRANT PROGRAMS.

       (a) In General.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 is amended by inserting after part U 
     (42 U.S.C. 3796hh et seq.) the following:

                 ``PART V--MENTAL HEALTH GRANT PROGRAMS

             ``Subpart 1--Mental Health Court Grant Program

     ``SEC. 2201. GRANT AUTHORITY.

       ``(a) Program Authorized.--The Attorney General shall make 
     grants to States, State courts, local courts, units of local 
     government, and Indian tribal governments, acting directly or 
     through agreements with other public or nonprofit entities, 
     for up to 125 Mental Health Court grant programs.
       ``(b) Purpose.--Such Mental Health Court grant programs 
     described in subsection (a) shall involve--
       ``(1) the specialized training of law enforcement and 
     judicial personnel, including prosecutors and public 
     defenders, to identify and address the unique needs of 
     individuals with a mental illness who come in contact with 
     the criminal justice system; and
       ``(2) the coordination of criminal adjudication, continuing 
     judicial supervision, and the delivery of mental health 
     treatment and related services for preliminarily qualified 
     individuals, including--
       ``(A) voluntary outpatient or inpatient mental health 
     treatment, in the least restrictive manner appropriate as 
     determined by the court, that carries with it the possibility 
     of dismissal of charges or reduced sentencing upon successful 
     completion of treatment; and
       ``(B) centralized case management involving the 
     consolidation of cases, including violations of probation, 
     and the coordination of all mental health treatment plans and 
     social services, including substance abuse treatment where 
     co-occurring disorders are present, life skills training, 
     housing placement, vocational training, education, job 
     placement, health care, and relapse prevention for each 
     participant who requires such services.
       ``(c) Construction.--Nothing in this subpart shall preclude 
     States from implementing a system to divert preliminarily 
     qualified individuals in law enforcement custody for 
     nonviolent or misdemeanor offenses out of the criminal 
     justice system and into appropriate treatment programs.

     ``SEC. 2202. DEFINITION.

       ``In this subpart, subject to the requirements of section 
     2204(b)(8), the term, `preliminarily qualified individual' 
     means a person in law enforcement custody who--
       ``(1)(A) previously or currently has been diagnosed by a 
     qualified mental health professional as having a mental 
     illness, mental retardation, or a co-occurring mental illness 
     and substance abuse disorder; or
       ``(B) manifests obvious signs of having a mental illness, 
     mental retardation, or a co-occurring mental illness and 
     substance abuse disorder during arrest or confinement or 
     before any court; and

[[Page 9372]]

       ``(2) is deemed eligible by a designated judge.

     ``SEC. 2203. ADMINISTRATION.

       ``(a) Consultation.--The Attorney General shall consult 
     with the Secretary and any other appropriate officials in 
     carrying out this subpart.
       ``(b) Use of Components.--The Attorney General may utilize 
     any component or components of the Department of Justice in 
     carrying out this subpart.
       ``(c) Regulatory Authority.--The Attorney General shall 
     issue regulations and guidelines necessary to carry out this 
     subpart which shall include the methodologies and outcome 
     measures proposed for evaluating each applicant program.

     ``SEC. 2204. APPLICATIONS.

       ``(a) In General.--To request funds under this subpart, the 
     chief executive of a State, a unit of local government, or an 
     Indian tribal government shall submit an application to the 
     Attorney General in such form and containing such information 
     as the Attorney General may reasonably require.
       ``(b) Contents.--In addition to any other requirement the 
     Attorney General may specify under subsection (a), an 
     application for a grant under this subpart shall--
       ``(1) identify related governmental or community 
     initiatives which complement or will be coordinated with the 
     proposal;
       ``(2) include a plan for the coordination of mental health 
     treatment and social service programs for individuals needing 
     such services, including life skills training, such as 
     housing placement, vocational training, education, job 
     placement, health care, relapse prevention, and substance 
     abuse treatment where co-occurring disorders are present;
       ``(3) contain an assurance that--
       ``(A) there has been appropriate consultation with all 
     affected mental health and social service agencies and 
     programs in the development of the plan and that there will 
     be sufficient ongoing coordination with the affected agencies 
     and programs during implementation to ensure that they will 
     have adequate capacity to provide the services;
       ``(B) the Mental Health Court program will provide 
     continuing supervision of treatment plan compliance for a 
     term not to exceed the maximum allowable sentence or 
     probation for the charged or relevant offense and continuity 
     of psychiatric care at the end of the supervised period;
       ``(C) individuals referred to a Mental Health Court will 
     receive a full mental health evaluation by a qualified 
     professional;
       ``(D) the Federal support provided will be used to 
     supplement, and not supplant, State, Indian tribal, and local 
     sources of funding that would otherwise be available; and
       ``(E) the program will be evaluated no less than once every 
     12 months using the methodology and outcome measures 
     identified in the grant application;
       ``(4) include a long-term strategy and detailed 
     implementation plan;
       ``(5) explain the applicant's inability to fund the program 
     adequately without Federal assistance;
       ``(6) specify plans for obtaining necessary support and 
     continuing the proposed program following the conclusion of 
     Federal support;
       ``(7) describe the methodology and outcome measures that 
     will be used in evaluating the program; and
       ``(8) identify plans to ensure that individuals charged 
     with serious violent felonies, including murder, rape, crimes 
     involving the use of a firearm or explosive device, and any 
     other crimes identified by the applicant, will not be 
     referred to the Mental Health Court.

     ``SEC. 2205. FEDERAL SHARE.

       ``The Federal share of a grant made under this subpart may 
     not exceed 75 percent of the total costs of the program 
     described in the application submitted under section 2204 for 
     the fiscal year for which the program receives assistance 
     under this subpart, unless the Attorney General waives, 
     wholly or in part, the requirement of a matching contribution 
     under this section. The use of the Federal share of a grant 
     made under this subpart shall be limited to new expenses 
     necessitated by the proposed program, including the 
     development of treatment services and the hiring and training 
     of personnel. In-kind contributions may constitute a portion 
     of the non-Federal share of a grant.

     ``SEC. 2206. GEOGRAPHIC DISTRIBUTION.

       ``The Attorney General shall ensure that, to the extent 
     practicable, an equitable geographic distribution of grant 
     awards is made that considers the special needs of rural 
     communities, Indian tribes, and Alaska Natives.

     ``SEC. 2207. REPORT.

       ``A State, State court, local court, unit of local 
     government, or Indian tribal government that receives funds 
     under this subpart during a fiscal year shall submit to the 
     Attorney General a report in March of the following year 
     regarding the effectiveness of this subpart.

  ``Subpart 2--Mental Health Screening and Treatment Grant Program in 
                           Jails and Prisons

     ``SEC. 2221. GRANT AUTHORITY.

       ``The Attorney General shall carry out a pilot program 
     under which the Attorney General shall make a grant to 10 
     States selected by the Attorney General for use in accordance 
     with this subpart.

     ``SEC. 2222. USE OF GRANT AMOUNTS.

       ``Amounts made available under a grant awarded under this 
     subpart--
       ``(1) shall be used for mental health screening, 
     evaluation, and treatment of individuals detained or 
     incarcerated in State and local correctional institutions; 
     and
       ``(2) may be used to incorporate mental health screening 
     and treatment into the State and local probation and parole 
     systems.

     ``SEC. 2223. MINIMUM GRANT AMOUNT.

       ``The amount of a grant awarded to a State under this 
     subpart for any fiscal year shall not be less than 2.5 
     percent of the total amount made available to carry out this 
     subpart for that fiscal year.

     ``SEC. 2224. STATE AND LOCAL ALLOCATION.

       ``Of the amount made available under a grant awarded to a 
     State under this subpart--
       ``(1) 25 percent shall be used by the State in accordance 
     with section 2222; and
       ``(2) 75 percent shall be distributed to units of local 
     government within the State for use in accordance with 
     section 2222.

     ``SEC. 2225. REPORT.

       ``A State that receives funds under this subpart during a 
     fiscal year shall submit to the Attorney General a report in 
     March of the following year regarding the effectiveness of 
     this subpart.

    Subpart 3--Law Enforcement Mental Health Training Grant Program

     ``SEC. 2231. GRANT AUTHORITY.

       ``The Attorney General shall make grants to States, which 
     shall be used to train State and local law enforcement 
     officers--
       ``(1) to identify and respond effectively to individuals 
     with a mental illness who come into contact with the criminal 
     justice system; and
       ``(2) regarding the mental health treatment resources 
     available in the community for individuals with a mental 
     illness who come into contact with the criminal justice 
     system.''.
       (b) Technical Amendment.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.), is amended by inserting after the item 
     relating to part U the following:

                     ``Part V--Mental Health Courts

             ``Subpart 1--Mental Health Court Grant Program

``Sec. 2201. Grant authority.
``Sec. 2202. Definition.
``Sec. 2203. Administration.
``Sec. 2204. Applications.

  ``Subpart 2--Mental Health Screening and Treatment Grant Program in 
                           Jails and Prisons

``Sec. 2221. Grant authority.
``Sec. 2222. Use of grant amounts.
``Sec. 2223. Minimum grant amount.
``Sec. 2224. State and local allocation.

   ``Subpart 3--Law Enforcement Mental Health Training Grant Program

``Sec. 2231. Grant authority.''.

       (c) Authorization of Appropriations.--Section 1001(a) of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3793(a)) is amended by inserting after paragraph (19) 
     the following:
       ``(20) There are authorized to be appropriated--
       ``(A) to carry out subpart 1 of part V, $10,000,000 for 
     fiscal year 2001 and such sums as may be necessary for each 
     of fiscal years 2002 through 2005;
       ``(B) to carry out subpart 2 of part V, $50,000,000 for 
     fiscal year 2001 and such sums as may be necessary for each 
     of fiscal years 2002 through 2005; and
       ``(C) to carry out subpart 3 of part V, $50,000,000 for 
     fiscal year 2001 and such sums as may be necessary for each 
     fiscal years 2002 through 2005.''.
                                  ____


The Mental Health Early Intervention, Treatment, and Prevention Act of 
                             2000--Summary

       Twenty-five to forty percent of individuals in the United 
     States with a mental illness come into contact with the 
     criminal justice system each year. Sixteen percent of 
     individuals incarcerated in state and local jails suffer from 
     a mental illness. About 30,000 Americans, including 2,000 
     children and adolescents, commit suicide each year.
       The bill seeks to prevent the often tragic results of 
     mental illness, such as acts of violence and suicide, before 
     they occur. It provides a series of programs to raise 
     awareness about mental illness; to increase resources for the 
     screening, diagnosis, and treatment of mental illness; and to 
     increase resources to enable the criminal justice system to 
     respond more effectively to persons with mental illness.


          anti-stigma campaign and suicide prevention campaign

       The bill proposes an anti-stigma campaign using media and 
     public education, aimed at reducing the stigma often 
     associated with mental illness.


 training for teachers, emergency services personnel, and primary care 
                             professionals

       The bill proposes a program to provide training to teachers 
     and emergency services personnel to identify and respond to 
     individuals with mental illness, and to raise awareness about 
     available mental health resources. A separate program will 
     provide

[[Page 9373]]

     continuing education of primary care professionals in the 
     delivery of mental health care.


                    emergency mental health centers

       The Centers will serve as a specific site in communities 
     for individuals in need of emergency mental health services, 
     and will also provide mobile crisis intervention teams.


                      jail diversion demonstration

       A demonstration initiative will create 125 programs to 
     divert individuals with mental illness from the criminal 
     justice system to community-based services.


              suicide prevention across the life spectrum

       A program to provide timely assessment and referral for 
     treatment for children, adolescents, and adults at risk for 
     suicide, with priority given to groups experiencing high or 
     increasing rates of suicide.


                    mental illness treatment grants

       A grant program will be available to develop or expand 
     treatment services for mental illness in communities with 
     urgent or emerging need for such services. Grants will also 
     be available to provide integrated treatment for individuals 
     with a serious mental illness and a co-occurring substance 
     abuse disorder; the emphasis will be on individuals with a 
     history of involvement with law enforcement or a history of 
     unsuccessful treatment.


                   mental illness outreach screening

       A grant program will be established to conduct outreach 
     screening to identify individuals with a mental illness or 
     with a mental illness and a co-occurring substance abuse 
     disorder, and provide appropriate referrals for treatment.


 centers of excellence for post-traumatic stress and related disorders

       A grant program will be established to support national and 
     regional centers of excellence to respond to psychological 
     trauma, and to psychiatric disorders resulting from 
     witnessing or experiencing a traumatic event.


        expanded role of the national institute of mental health

       The National Institute of Mental Health will study the 
     factors that contribute to noncompliance with outpatient 
     treatment plans. It will also establish centers of excellence 
     for research, and increase the number of basic and clinical 
     researchers.


             increased coordination of children's services

       A program will be established to improve outcomes among at-
     risk children by integrating child welfare and mental health 
     services.


                         Blue Ribbon Commission

       The Commission will make recommendations on issues relating 
     to mental illness. It will focus on diagnosis and treatment, 
     and the interaction between mental illness and the criminal 
     justice system.


                          mental health courts

       This demonstration program will create 125 Mental Health 
     Courts with separate dockets to handle cases involving 
     individuals with a mental illness. These individuals will be 
     voluntarily assigned to out-patient or in-patient mental 
     health treatment as an alternative sentence.


       mental health screening and treatment in jails and prisons

       A pilot program will be created to provide states and local 
     governments with funds to screen, evaluate, and treat 
     individuals with mental illness in local jails or state 
     prisons.


                laws enforcement mental health training

       This program will train law enforcement officers to 
     identify and effectively respond to individuals with a mental 
     illness and to educate police officers about available mental 
     health resources.

 Mr. KENNEDY. Mr. President, I welcome this opportunity to work 
with Senator Domenici on this important issue of mental health care, 
and I commend him for his leadership. In American medicine today, 
patients with biochemical problems in their liver are treated with 
compassion, but those with biochemical problems in their brain are 
treated harshly. That discrepancy is unacceptable. The stigma against 
the mentally ill is a blatant form of discrimination. The legislation 
that Senator Domenici and I are introducing is intended to correct this 
inequity and to assure that those with mental illness will get the 
treatment they need.
  The first-ever Surgeon General's Report on Mental Health was released 
last December. It provides a solid foundation on which to build. It is 
a powerful statement that treating the problems of mental illness more 
effectively must be one of our Nation's highest priorities. The Surgeon 
General's Report makes two basic points. Mental illness is a national 
crisis--and our treatment of the mentally ill is a national disgrace.
  One in five Americans will experience some form of mental illness 
this year. Mental illnesses are our second leading cause of disability. 
Yet success rates for treating mental illnesses are as high as 80 
percent. Effective drugs with limited side effects have become 
available in recent years. Note that the success rates for treatment of 
other chronic diseases, such as hypertension and diabetes, are not 
quite as high. But people with high blood pressure or diabetes still 
seek treatment. Unfortunately, fear, stigma and lack of available 
treatment combine to prevent individuals with mental illness from 
seeking treatment.
  There are several reasons for this. First is stigma. People are 
afraid to admit mental illness to their doctors, or even to themselves. 
In fact, two-thirds of those with diagnosable mental illnesses do not 
seek treatment. Second, there is a very low public understanding of 
mental disorders and of the fact that they are treatable. Third, 
individuals with mental illness may not be correctly diagnosed or 
appropriately referred for treatment. Fourth, people who do seek 
treatment for mental illness find that it is not available or that 
their insurance plans will not cover it.
  One result of the lack of treatment is suicide. Fifty percent more 
Americans die by their own hand each year than are killed by other; 
29,264 suicides occurred in 1998 compared with 17,350 homicides. 
Suicide is the third leading killer of the Nation's youth.
  What is happening to many of those who suffer from mental illness? 
Jails and prisons represent the largest residential center for those 
suffering from mental illnesses, but few prisoners receive treatment 
there.
  The bill that Senator Domenici and I are introducing today, ``The 
Mental Health Early Intervention, Treatment, and Prevention Act of 
2000,'' is a giant step toward giving mental health the priority it 
deserves. But we cannot promote mental health without eradicating the 
stigma surrounding mental illness. Since fear and ignorance compound 
the problem, a campaign to improve public understanding about mental 
illness will combat the ignorance and decrease the fear.
  Increased public understanding is not sufficient, however. Successful 
treatment of those suffering from mental illness requires effective 
care by skilled professionals. Many individuals with mental illness do 
not realize the nature of scope of their problem, and those whom they 
might encounter in daily life are unable to assist them. Our bill will 
enable us to reach out to find persons with mental illness. It will 
train teachers, police and others to provide front-line help.
  Our legislation provides for the establishment of suicide prevention 
programs. It will also develop screening programs to identify and reach 
out to those with mental illnesses so that they seek effective 
treatment. We will also establish response teams and designate centers 
to provide patients with such treatment.
  Patients suffering from mental illness are more likely to experience 
a greater number of physical ailments as well. Their primary care 
physicians are often not equipped to recognize mental illness or to 
make the appropriate referral to a mental health professional. Our bill 
will develop programs to train primary care health providers to treat 
the physical symptoms of those who suffer from mental illness, while 
making sure that they obtain care for their mental well-being too.
  In addition, ignorance of the biology of the brain and the mind has 
often prevented the development of cures for many forms of mental 
illness. Our bill will develop educational programs to increase the 
numbers of researchers investigating the science of mental illness. 
Special emphasis will be given to training psychiatrists and 
psychologists in effective ways to bring the discoveries of the 
laboratory more quickly to the bedside of the patient.
  Our bill will develop new strategies to assist individuals with 
mental illness in the criminal justice system and to strengthen the 
understanding of mental illness by law enforcement officials. It is 
likely, as a result, that many who suffer from mental illness

[[Page 9374]]

will receive treatment rather than punishment, so that they contribute 
to society instead of being incarcerated by society.
  Mental illness is a serious national problem that all of us must deal 
with more effectively. Our goal in this legislation is to give mental 
health the high priority it deserves. The enactment of this bill will 
help those millions of our fellow citizens who, at this moment, are 
suffering in silence.
                                 ______
                                 
      By Mrs. BOXER:
  S. 2640. A bill to amend title 38, United States Code, to permit 
Department of Veterans Affairs pharmacies to dispense medications to 
veterans for prescriptions written by private practitioners, and for 
other purposes; to the Committee on Veterans' Affairs.


                   veterans prescriptions legislation

  Mrs. BOXER. Mr. President, as the country enters this Memorial Day 
weekend to pay tribute to those who gave their lives to protect and 
defend the United States, I come before the Senate to introduce 
legislation aimed at making it easier for veterans to receive 
medications through the VA health care system.
  Right now, VA pharmacies are prohibited from dispensing medications 
that are prescribed by non-VA practitioners. This means that veterans 
can not have their prescriptions filled at a VA facility if it is 
written by their private doctor. Under current law, veterans only have 
to pay $2 for each 30-day supply of medication supplied by the VA. 
Therefore, if a veteran needs to have a prescription filled by a non-VA 
practitioner, it can mean great out-of-pocket expenses. My legislation 
would change the current system to allow the VA to fill prescriptions 
that are written by non-VA practitioners.
  This bill has been endorsed by The American Legion, the National 
Association of Uniformed Services and the Non-Commissioned Officers 
Association. I believe it is a common sense approach, and I think we 
owe it to veterans to make health care as affordable and accessible as 
possible.
  Earlier today, I had the pleasure of speaking at the Veterans 
Washington Rally which was sponsored by the Vietnam Veterans of 
America, Rolling Thunder, the Jewish War Veterans and other veteran 
supporters. These veterans were asking for full funding for the VA 
health care system as spelled out in the Independent Budget, a 
comprehensive analysis of the VA budget which is prepared each year 
with the support of several veteran organizations.
  Veterans are rightly concerned that current budget plans are barely 
enough to keep up with health care inflation and is nowhere near enough 
to provide quality emergency and long-term care or begin a serious 
fight against hepatitis C. I was proud to see these veterans fighting 
for the benefits and services that are rightly theirs, and I hope we 
can address their concerns when the Senate considers the VA-HUD 
appropriations bill later this year.
  Thank you, Mr. President. And, may God bless all of America's 
veterans this Memorial Day.
                                 ______
                                 
      By Mr. CLELAND (for himself and Mr. Coverdell):
  S. 2641. A bill to authorize the President to present a gold medal on 
behalf of Congress to former President Jimmy Carter and his wife 
Rosalynn Carter in recognition of their service to the Nation; to the 
Committee on Banking, Housing, and Urban Affairs.


   to authorize the president to present the gold medal on behalf of 
    congress to former president jimmy carter and former first lady 
                            Rosalynn Carter

  Mr. CLELAND. Mr. President, I rise today to introduce a bill that 
would authorize the President to present a Gold Medal on behalf of 
Congress to former President Jimmy Carter and former First Lady 
Rosalynn Carter in recognition of their service to the Nation. I would 
like to thank Senator Coverdell for co-sponsoring this bill and extend 
an invitation to all our other colleagues to join us in supporting this 
legislation to award these two great Americans with Congress' highest 
honor.
  It is widely agreed that President Jimmy Carter and his wife Rosalynn 
Carter have distinguished records of public service to the American 
people and the international community. Internationally, the Carters 
have been involved in a number of public service initiatives ranging 
from combating famine in Sub-Sahara Africa and encouraging better 
health care in Third World nations to serving as mediators in an effort 
to end civil wars in half a dozen countries. President Carter has 
monitored numerous foreign elections in an effort to spread democracy 
throughout the world.
  A Congressional Gold Medal awarded by Congress will show the 
appreciation of the American public for the many contributions that 
President and Mrs. Carter have made, including service in public office 
from the state legislature to the White House. Jimmy and Rosalynn 
continue to promote human rights worldwide due to their active 
involvement in the nonprofit Carter Center in Atlanta that has 
initiated projects in more than 65 countries to resolve conflicts, 
promote human rights, build democracy, improve health care worldwide, 
and revitalize urban areas. In addition, the Carters serve as 
volunteers for Habitat for Humanity, which helps low income families 
build their own homes.
  I hope that other members of Congress will join me and Senator 
Coverdell in recognizing President and Mrs. Carter for their 
distinguished records of public service by awarding them the 
Congressional Gold Medal.
                                 ______
                                 
      By Mr. HATCH:
  S. 2642. A bill to amend the Internal Revenue Code of 1986 to provide 
major tax simplification; to the Committee on Finance.


               the tax ease and modernization act--part i

  Mr. HATCH. Mr. President, I rise today to introduce legislation 
intended to start us on the path to a simpler, more rational, and 
fairer federal tax system. The bill I am introducing in the Senate 
today, the Tax Ease and Modernization Act--Part I (TEAM-I), is designed 
to be the first of several installments to incrementally transform the 
Internal Revenue Code into a revenue collection device that is more 
efficient, more responsive to the needs of taxpayers, more able to help 
this nation compete in a global marketplace, and most importantly, much 
easier to understand, comply with, and administer.
  I realize that this is a tall order. I also believe that such a 
transformation cannot occur overnight. This is why my plan calls for 
incremental action through a multi-year plan--a plan that we can start 
implementing this year rather than waiting for consensus to develop 
around a fundamental tax reform approach that centers on a flat tax, a 
national consumption tax, or some hybrid system.
  As I said on this floor on April 4, 2000, when I announced this plan, 
I recognize the need for a new paradigm in taxation for this country. I 
believe our Internal Revenue Code is fundamentally flawed and needs to 
be replaced with a new system. But such a new tax code will require 
years of presidential leadership, public education, and an intelligent 
transition from the current system.
  In the meantime, we should not wait for an elusive tax Utopia to come 
along and remove the immediate need for improvements to the Internal 
Revenue Code. We should begin to act now, and do what we can to make 
our current system better in the short run. This is what my plan is all 
about.
  Mr. President, the bill I introduce today begins this transformation 
process by repealing or repairing some of the most complex and unfair 
provisions in the Internal Revenue Code. Moreover, it does so in a 
balanced way, with relief from complexity for every classification of 
taxpayer--low-income and high income individuals, school teachers and 
chief executive officers, members of neighborhood investment clubs and 
high rollers, small businesses and sprawling multinationals, people 
with IRS problems and families with foster children. The goals are to 
simplify the tax code and make it more fair for everyone.
  Because the Internal Revenue Code is so riddled with complexity at 
every

[[Page 9375]]

level, attempting to eliminate it all at once would be difficult at 
best. Therefore, this bill focuses on solving several of the largest 
problems affecting millions of taxpayers, then supplements these 
features with a number of smaller provisions that may appear relatively 
minor, but as a whole add a tremendous amount of complexity, 
unfairness, or hassle for many taxpayers, as well as for the Internal 
Revenue Service.


                     alternative minimum tax repeal

  Mr. President, the Tax Ease and Modernization Act--Part I starts with 
repealing what is likely to be the largest source of tax compliance 
headaches for middle- and upper-income families over the next decade--
the alternative minimum tax. The alternative minimum tax, or AMT for 
short, remains unknown to many Americans, and is not well understood 
even by those nearly 1 million taxpayers it already affects.
  The AMT was originally designed to ensure that taxpayers with 
economic income who take advantage of the tax code's many incentive 
deductions and credits still pay some tax. However, because of basic 
design flaws, the AMT's reach now goes far beyond what was intended in 
1969 when it was conceived or even in 1986 when it was expanded. In 
fact, the Treasury Department estimates that at least 17 million 
taxpayers will be subject to the nightmare-like complexity of the 
alternative minimum tax by 2010. Even the Clinton administration, 
traditionally a strong supporter of the AMT, now admits it has grown 
out of control and advocates changes to tame it.
  This bill goes one better and repeals the alternative minimum tax 
altogether, Mr. President. It is time to rid the code of the kind of 
super-complexity brought by the AMT, which, in my view, has failed to 
achieve its objectives of bringing greater fairness to our tax system.


                    capital gains tax simplification

  A second major provision of this bill would greatly simplify the 
taxation of capital gains. Many of my constituents were pleased in 1997 
when Congress lowered the capital gains tax rates from 28 percent to 20 
percent. However, many were not as excited when they found out what the 
new law meant come tax return filing time--a 54-line Schedule D 
accompanied by two worksheets and seven pages of instructions. This is 
compared to a 39-line form and just two pages of instructions prior to 
the change.
  TEAM-I would simplify capital gains by repealing the current maximum 
rate approach and instituting a 50 percent exclusion, as was the case 
before the 1986 Tax Reform Act repealed the capital gains preference. 
In other words, taxpayers would be allowed to exclude 50 percent of the 
long-term capital gain from gross income. The remaining 50 percent 
would be taxed at ordinary income rates. This would do away with the 
need for a special computation on the tax forms. It would also result 
in a lower capital gains rate for every tax bracket, with those in the 
lowest tax brackets getting the largest rate decreases. This bill thus 
both simplifies capital gains and cuts the effective capital gains tax 
rate for all individuals.
  We should not underestimate the importance of this change. Mr. 
President. Over the past few years the number of Americans who are 
invested in capital assets has skyrocketed. The Joint Economic 
Committee reported last month that the percentage of American families 
directly and indirectly holding stocks climbed from 31.6 percent in 
1989 to 48.8 percent in 1998. Moreover, a recent Federal Reserve study 
shows that stockholdings made up a record 31.7 percent of household 
wealth in 1999. And this does not include other capital assets, such as 
bonds, real estate, and partnership interests. No longer can even the 
most hardened opponent of capital gains rate reductions argue that it 
is a tax break only for the wealthy.
  In addition, there is abounding evidence that lowering the capital 
gains tax rate has had a very salutary effect on the economy over the 
years, particularly since the 1997 change. A 1999 study by Standard and 
Poor's DRI concluded that the 1997 capital gains tax reduction from a 
top rate of 28 percent to 20 percent was responsible for about 25 
percent of he increase in stock prices from 1997 to 1999. Also, the 
cost of capital for new investment fell by about 3 percent as a result 
of the 1997 change. Clearly, when it comes to capital gains, simplicity 
is needed as well as lower rates. TEAM-I delivers both.
  The bill I am introducing today also features a smaller but important 
provision relating to capital gains from the sale of a principal 
residence. In 1997, Congress passed a provision that allows homeowners 
to exclude up to $250,000 of capital gains from the sale of their 
principal residence. The number is $500,000 for married couples filing 
a joint return. This has been or will be a tremendous benefit for 
millions of American families. The provision was flawed in one respect, 
however, in that it was not indexed for inflation. My bill would index 
the exclusion for future inflation, in increments of $1,000.


                earned income tax credit simplification

  Mr. President, millions of lower-income taxpayers face one of the 
most complex tax provisions in the entire Internal Revenue Code--the 
Earned Income Tax Credit (EITC). Taxpayers trying to figure out if they 
can claim this credit and how to compute it face a daunting challenge--
instructions and tables in the Form 1040 instructions that take up ten 
full pages, including a nine-step flowchart and two worksheets. Even 
all of this is not enough to provide all the needed information in 
every case.
  Taxpayers, many if not most of whom are surely aggravated and 
confused by these rules, are referred to IRS Publication 596, a 54-page 
booklet, to even more detailed information.
  Practically every professional tax group that has studied tax 
complexity recommends major simplification to the EITC. TEAM-I would 
provide major simplicity, while expanding the credit.
  The bill would simplify the EITC rules in two ways, Mr. President. 
First it modifies the definition of earned income to include only 
taxable employee compensation and business income readily available on 
Form 1040. Current law requires the consideration of non-taxable 
compensation, such as meals and lodging provided for the convenience of 
the employer and employer-provided educational assistance benefits. 
Many times these amounts are not readily available to the employee, who 
is likely to be uncertain whether such nontaxable compensation is 
provided or not.
  Second, TEAM-I simplifies the definition of a dependent child. The 
source of one of the greatest complexities in the EITC is the 
definition of a qualifying child. Current law is confusing in part 
because the definition of a qualifying child is very similar, but not 
identical, to the definition of a dependent child for purposes of the 
dependency exemption. In some cases, a child can qualify a taxpayer for 
the EITC but not for the dependency exemption. The bill simplifies both 
the dependency exemption and the EITC by moving the definition of a 
dependent child closer to that of a qualifying child for purposes of 
the EITC. Thus, with this new definition, taxpayers who are able to 
claim a dependent child for the exemption should be able to also claim 
the child for purposes of the earned income tax credit. This solution 
is based on a concept proposed by the Clinton Administration in the 
budget for fiscal year 2001.
  Mr. President, the bill also expands in three ways the earned income 
tax credit, which is a program that has proven vital in assisting 
millions of families at the margin of poverty. The first expansion 
provides a new category for taxpayers with three or more qualifying 
children, which offers a higher percentage credit. Current law provides 
different levels of the credit for taxpayers with no children, 
taxpayers with one qualifying child, and those with two or more. 
Secondly, the bill provides a larger maximum credit for all qualifying 
taxpayer with children by increasing the phaseout amount, which is the 
level of the taxpayer's earnings at which the credit begins to be 
phased out, from the current law level of $12,690 to $15,000.

[[Page 9376]]

  Perhaps even more significantly, the bill takes a major step toward 
relieving the onerous marriage penalty inherent in the current Earned 
Income Tax Credit. This is accomplished by increasing the amount at 
which the credit begins to be phased out by an extra $5,000 for 
taxpayers who are married filing a joint return. While this will not 
eliminate the marriage penalty problem of the EITC, which is among the 
largest marriage penalties in the tax code, it does take an important 
step toward reducing it.


  repeal of limitations on itemized deductions and personal exemptions

  Mr. President, two of the most unfair and complex provisions of the 
current tax law are aimed squarely at upper-middle and higher-income 
taxpayers. After the 1986 Tax Reform Act lowered the top tax rate to 28 
percent, the Democratically led Congress decided that this was too low 
a tax rate for successful Americans who were considered wealthy. Rather 
than a straightforward increase in the top tax bracket, however, 
Congress decided to be sneaky about it and raised the marginal tax 
rates on certain taxpayers by limiting their itemized deductions and 
personal exemptions. The effects of these provisions are twofold. 
First, they obscure the true rate of tax being levied on taxpayers 
subject to these provisions. Second, and probably most damaging, they 
add a great deal of unwarranted complexity. My bill solves both 
problems by simply repealing these provisions.


                      business tax simplification

  While the Tax Ease and Modernization Act--Part I focuses mostly on 
the complexity problems of individual taxpayers, it does not ignore 
businesses, who often face complexity in the extreme. The second and 
third installments of this effort will feature many more simplification 
provisions to help ensure that American businesses stay competitive in 
the global marketplace and are not forced to waste resources on 
unnecessary tax compliance costs.
  Part I features three relatively small but important provisions that 
will simplify taxes for practically all business taxpayers in America. 
The first provision would change the law to provide that corporate 
taxpayers no longer have to pay a higher rate of interest to the 
Internal Revenue Service on underpayments of tax than the rate the 
government pays to them for overpayments. Currently, individual 
taxpayers enjoy an equal interest rate for overpayments and 
underpayments. Corporations, however, must pay as much as a 4.5 
percentage points more in interest on underpayments than they receive 
on overpayments. The bill would equalize these amounts at a rate of the 
short-term Applicable Federal Rate plus three percentage points.
  The second business provision would clean up a complex inequity that 
was only partially addressed by the Internal Revenue Service 
Restructuring and Reform Act of 1998. That Act established a net 
interest rate of zero where interest is payable and allowable on 
equivalent amounts of overpayment and underpayment that exist for any 
tax period. However, that provision fell short of providing the 
simplicity and fairness needed by taxpayers. Therefore, my bill would 
extend the concept of global interest netting to all periods and would 
make the change retroactive as if enacted in the 1998 Act.
  The final business provision included in TEAM-I would simplify the 
accounting for purchases of software by business taxpayers by allowing 
them to immediately expense the first $20,000 per year instead of 
capitalizing the cost and depreciating it over three years, as under 
current law. Having to depreciate relatively small software programs, 
which are often obsolete well before three years, is costly and 
complex.


                miscellaneous simplification provisions

  Mr. President, the bill I introduce today includes a number of 
smaller but very important simplification provisions designed to ease 
the tax lives of all taxpayers. Many of these are similar or identical 
to provisions recently passed by the House in the Taxpayer Bill of 
Rights 2000 legislation. Other provisions are based on concepts 
recently suggested to Congress by Mr. Val Oveson, the National Taxpayer 
Advocate. One of the National Taxpayer Advocate's duties is to 
recommend to Congress what legislative changes are needed to improve 
the tax code and make it simpler and easier to administer. Last year, 
Mr. Oveson presented 53 separate recommendations for legislative 
improvement in the tax area. My bill incorporates more than a dozen of 
the most critical of these recommendations.
  Also included in the bill are several other tax simplification 
measures, suggested by a variety of sources. One of these is S. 1952, a 
bill introduced last year by Senator Abraham that would simplify the 
taxation of investors who participate in small investment clubs. Also 
included is the text of S. 670, a bill introduced last year by Senators 
Jeffords and Dodd that would simplify the tax rules for foster care 
payments. This provision was also included in last year's large tax 
bill that was vetoed by President Clinton.
  Another provision in the bill would help taxpayers who are former 
foster parents by providing that if those parent provide over one-half 
of the support of a foster child beyond the age where the state pays 
the expenses, they can claim the former foster child as a dependent, 
just as they could for their own child.
  Mr. President, I have also included in TEAM-I another simplification 
provision, suggested by the Clinton Administration in its fiscal year 
2001 budget, which would both simplify the law and remove a 
disincentive to young people working and saving for their future. Under 
current law, young people who can be claimed as dependents on their 
parents tax returns must file a return and pay income tax if they have 
over $250 of income from savings if their earnings from working plus 
that income from savings exceeds $700. My bill would increase the 
allowed amount of earnings from savings from $250 to $1,000 before a 
return or tax is required.
  The bill I am introducing today also includes a provision added as a 
floor amendment to S. 1134, The Affordable Education Act, by Senator 
Collins, myself, and several others. This provision would allow 
elementary and secondary school teachers to deduct the cost of their 
professional development expenses without regard to the current-law 2-
percent of adjusted gross income floor. This adds a small measure of 
both simplicity and fairness to the tax code.
  Mr. President, the bill I am introducing is far from perfect. It 
represents only a relatively small down payment on tax simplification 
in just a few areas of the Internal Revenue Code. However, I hope that 
its introduction will lay down a marker for tax simplification that 
will evoke further discussion and suggestions from interested groups 
and action toward simplification by my colleagues on the Finance 
Committee. I welcome comments on how this bill can be improved and what 
other tax simplification items should be considered in the future of 
this effort.
  One thing I have learned in my study about the problems of our 
current tax system and ways to improve it is that simplification is far 
from simple. Some of the most complex portions of the Internal Revenue 
Code can be easily and reasonably be simplified by their repeal. Others 
parts, such as the Earned Income Tax Credit, should not be repealed but 
improved. Doing so, however, can be most difficult.
  Moreover, Mr. President, simplification often comes at a cost of lost 
revenue. While I have not yet received an estimate of the revenue 
effect of this bill from the Joint Committee on Taxation, it seems 
clear that the numbers will be high. However, I have concluded that one 
of the best ways we can spend the projected surplus is on tax 
simplification. I like to think of it as tax relief for all taxpayers 
through simplification. Additionally, I believe that simplification 
should not create winners and losers. To the extent possible in my 
bill, I have tried to leave all taxpayers at least as well off as under 
current law. This, however, is also costly in terms of lost revenue.
  While it is unclear whether Congress can pass, or whether the 
President will sign, major tax simplification legislation in this 
election year, I believe

[[Page 9377]]

these issues are of such importance that we should not wait to embark 
on a major debate about them. I hope my colleagues in the Senate and 
House will join in the discussion, as well as taxpayer advocacy groups, 
businesses, and other stakeholders throughout the nation.
                                 ______
                                 
      By Mr. STEVENS (for himself and Mr. Inouye):
  S. 2643. A bill to amend the Foreign Assistance Act of 1961 to 
provide increased foreign assistance for tuberculosis prevention, 
treatment, and control; to the Committee on Foreign Relations.


                        stop tb now act of 2000

  Mr. STEVENS. Mr. President, today my friend the senior Senator from 
Hawaii, Senator Inouye, and I are introducing the Stop TB Now Act.
  This bill would amend the Foreign Assistance Act of 1961 to authorize 
one hundred million dollars in each of fiscal years 2001 and 2002 to 
fight tuberculosis. Each year, eight million people develop active 
tuberculosis. One and one-half million of those that develop active 
tuberculosis will die from that disease alone. One person can infect 10 
to 15 people in a year.
  The global economy and its mobile work force makes the world a 
smaller place. No country is immune from the reach of this highly 
contagious disease. In 1999, the United States had almost 18,000 active 
TB cases. That comes to 6.4 per 100,000 people. According to the 
Centers for Disease Control, Alaska was ranked fourth in per capita 
cases of active tuberculosis in 1999. Hawaii has been number one since 
at least 1997.
  This bill has two components. A treatment strategy and the goal of 
arresting the rise of more dangerous strains of tuberculosis. The World 
Health Organization has developed directly observed treatment, short-
course, referred to by its acronym DOTS. DOTS is a community-based 
treatment strategy. It uses standardized short course chemotherapy for 
6 to 8 months, with direct observation of TB patients. Strict adherence 
to a drug regime is really the only way to successfully treat TB. 
Participation at the local level can perpetuate a culture of vigilance 
against this and other public health threats. Ineffective treatment 
strategies in the past have led to the emergency of multi-drug 
resistant tuberculosis, known as MDR-TB.
  MDR-TB are strains that are resistant to one or both of the two most 
effective existing TB drugs. Drugs to treat MDR-TB are at least 100 
times more expensive than traditional TB drugs.
  This is a staggering cost. Even in our country where the medical 
community can readily identify and treat MDR-TB, half the patients 
still die. These are patients using MDR-TB drugs. According to the 
World Health Organization, in another 3 to 5 years, without a 
comprehensive prevention and treatment strategy, drug resistant strains 
of TB will be the dominant form of the disease. Time is of the essence.
  In my own State of Alaska, we are concerned about the dramatic 
increase in MDR-TB in the Russian Far East. That region has enormous 
trade potential for the State. Our native peoples also travel there on 
cultural exchanges. Tuberculosis has been called the poor man's 
disease. Perhaps from our perspective it was once considered a poor 
country's disease. This is not the case and we cannot ignore the global 
reach of this disease and its new variants.
  I know many of my colleagues on both sides of the aisle are concerned 
about tuberculosis, as well as its association with the AIDS epidemic. 
I urge my colleagues to join Senator Inouye and myself in sponsoring 
this legislation. It is my hope Congress will act to address this 
threat this year.
                                 ______
                                 
      By Mr. GORTON (for himself, Mrs. Murray, Mr. Santorum, Ms. 
        Mikulski, Mr. Stevens, Mr. Cochran, and Mr. L. Chafee):
  S. 2644. A bill to amend title XVIII of the Social Security Act to 
expand Medicare coverage of certain self-injected biologicals; to the 
Committee on Finance.


       the access to innovation for medicare patients act of 2000

  Mr. GORTON. Mr. President, we know the Medicare program has not kept 
pace with advances in medical care and changing technology, whether 
through access to new medical devices or to prescription drugs. 
Sometimes seniors do not have access to the most advanced care. That 
needs to change. Some issues, like adding a prescription drug benefit, 
required broad reform of the program and an influx of new money to pay 
for the changes. But there are some common sense changes that can be 
made today could enhance access to life-saving therapies for seniors, 
particularly those living in rural areas, and potentially save Medicare 
dollars.
  Medicare covers drugs that are administered in the hospital or in a 
physician's office but will not cover self-injectable drugs or 
biologics to treat the same disease, notwithstanding the fact that the 
latter may be superior in terms of efficacy and safety and less 
expensive. This outdated policy creates a perverse incentive for drug 
companies to develop drugs that can only be administered by I.V. in a 
hospital or other acute setting. Those companies that ignore Medicare's 
coverage policy and develop their products so that they are patient-
friendly are penalized, as are the patients who need these products. 
The end result is often higher costs to the Medicare program, lack of 
beneficiary access to the best therapies, and treatment delivery 
problems for beneficiaries in rural areas who may not be in a position 
to travel to a hospital to receive regular treatments.
  Patients suffering from rheumatoid arthritis (RA) are particularly 
victimized by this coverage policy. RA is a devastating chronic 
disease. As the disease progresses, sufferers move from self-
sufficiency to total disability. The pain in most cases is 
excruciating. Like all patients with a chronic disease, RA patients 
face extraordinary out of pocket costs. However, Medicare beneficiaries 
with RA face a unique set of costs.
  One of the most promising breakthroughs for the treatment of RA is a 
self-injected biologic developed through recombinant DNA technology. It 
already has been proven to prevent and reverse disability caused by RA, 
as well as dramatically reduce pain and avoid costly surgery. For many 
RA sufferers with private insurance or on Medicaid, it has meant the 
difference between being confined to a wheelchair and walking--and even 
returning to the workforce!
  Since it is self-injected, it is not covered by Medicare. Yet, 
Medicare will cover another therapy which happens to be delivered 
intravenously, simply because it is administered (via I.V.) in a 
hospital. In doing so, Medicare ends up spending more money when one 
factors in the costs of services and ancillary drugs associated with 
administration of this covered therapy. Just as important, the current 
policy denies beneficiaries access to a therapy that has been proven to 
be more effective, less toxic, and much easier to administer. This 
anomaly in Medicare's existing drug coverage policy is rooted in 1960's 
medicine, before the advent of biotechnology and the development of 
patient-friendly therapies.
  Fortunately, there is a simple, budget-neutral way to help seniors 
who are dependent on Medicare. The Access to Innovation for Medicare 
Patients Act of 2000, which I will introduce today, along with Senators 
Murray, Mikulski, Santorum, Chafee, and Cochran would change Medicare's 
current drug coverage policy to allow coverage for self-injected 
biologics that are prescribed in lieu of an intravenous or physician-
administered therapy. It would provide individuals suffering from 
rheumatoid arthritis, multiple sclerosis, hepatitis C, and deep vein 
thrombosis access to the latest, most promising biotechnology 
therapies.
  This is a modest, common sense change that can and should be 
accomplished this year regardless of what may happen on comprehensive 
Medicare reform. If we do enact a Medicare drug benefit this year, this 
bill should be a part of that. Failure to do so would institutionalize 
a coverage gap that denies seniors access to breakthrough technology 
and the best care

[[Page 9378]]

our medical system provides to everyone else with private health 
coverage.
  According to a budget impact analysis by the Lewin Group, this 
legislation would not cost the Medicare program money and actually 
could save approximately $2 million per year. This is a compassionate, 
common-sense improvement we can make this year to improve the Medicare 
program for seniors. I hope my colleagues will join me in cosponsoring 
this bill.
  Mrs. MURRAY. Mr. President, I rise today in support of the Access to 
Innovation for Medicare Patients Act of 2000 and to thank my fellow 
colleague from Washington state, Senator Gorton, for his work on this 
important legislation. The Access to Innovation for Medicare Patients 
Act is critical for Medicare beneficiaries who suffer from chronic and 
debilitating diseases such as rheumatoid arthritis and multiple 
sclerosis.
  As many of you know, rheumatoid arthritis and multiple sclerosis most 
often affect women. Until recently, few treatments existed. But 
advances in biotechnology products have given hope to thousands of 
individuals. Self-injectable biologic therapies have proven highly 
effective in reducing the daily, chronic pain that accompanies these 
devastating diseases. Patients have reported amazing results from self-
injectable biologic therapies such as Enbrel in clinical trials.
  However, before the Access to Innovation for Medicare Patients Act, 
no legislation existed that addressed adequate Medicare coverage of 
these therapies. Currently, Medicare only covers physician-administered 
therapies and most Medicare prescription drug coverage proposals do not 
address this issue at all or they place restrictive coverage caps on 
the use of self-injectable biologic therapies. Beneficiaries should not 
be denied access to the most effective and convenient therapies for 
their condition. Ultimately, coverage of self-injectable biologic 
therapies could save Medicare money in reducing costly, prolonged 
hospital stays and reducing the number of care provider visits. Most 
importantly, this legislation will improve the lives of Medicare 
beneficiaries who suffer from these diseases. Congress must ensure that 
seniors and the disabled receive the best possible medical treatment 
and therapies through the Medicare program.
  Finally, on a more personal note, my family has had first-hand 
experience with the constant pain and frustration caused by multiple 
sclerosis. My father suffered from this devastating disease, and I 
witnessed his daily fight to overcome the pain that accompanied it. I 
know that self-injectable biologic therapy may have made his fight much 
easier. We cannot allow Medicare beneficiaries to suffer from 
preventable, overwhelming pain.
  In the past, we worked to eliminate barriers to care and research. 
Today, we seek to tear down Medicare's barriers to self-injectable 
biologic therapies. Seniors and the disabled should not be denied these 
life-saving, treatments simply because they are self-injected.
  Therefore, I rise today to join my colleagues, Senators Gorton, 
Mikulski, Cochran, Stevens, and Chafee in introducing the Access to 
Innovation for Medicare Patients Act. This legislation would: provide 
access to innovative therapies that are now on the market and making 
enormous improvements in the life and care of Medicare beneficiaries; 
allow physicians to prescribe the most appropriate therapy for their 
patients; make a common-sense, responsible change in Medicare; and 
eliminate the current bias against biotechnology therapies inherent in 
the Medicare program and many of the prescription drug proposals.
  I urge all of my colleagues to join me in supporting this 
legislation.
                                 ______
                                 
      By Mr. KYL (for himself and Mr. Domenici):
  S. 2665. A bill to establish a streamlined process to enable the 
Navajo Nation to lease trust lands without having to obtain the 
approval of the Secretary of the Interior of individual leases, except 
leases for exploration, development, or extraction of any mineral 
resources; to the Committee on Indian Affairs.


              navajo nation trust land leasing act of 2000

  Mr. KYL. Mr. President, I rise today with my colleague, Senator 
Domenici, to introduce the Navajo Nation Trust Land Leasing Act of 
2000, a bill to establish a streamlined process for the Navajo Nation 
to lease trust lands without having to obtain the approval of the 
Secretary of the Interior. This new authority would apply to individual 
leases, except leases for exploration, development, or extraction of 
any mineral resources.
  Mr. President, the current leasing process simply does not work very 
well. It can be cumbersome, and, because of the need to obtain approval 
from both the Nation and the Interior Department, the process can be 
lengthy. That can discourage many businesses from even considering 
locating the Navajo Reservation.
  The fact is, there is no longer a need for the Secretary to be 
involved in routine leasing decisions that can and should be made by 
the Nation itself.
  The changes proposed in this bill are intended to speed up the 
process for issuing leases by at least 50 percent, create predictable 
procedures for leasing trust land, and create incentives for businesses 
to open and operate in the Navajo Nation. It would help improve the 
management of tribal property, and promote economic development within 
the 100 Chapters of the Navajo Nation.
  The need to create jobs and diversify the Reservation economy are 
clear. A December 1998 report by the Navajo Nation Division of Economic 
Development reported that the unemployment rate for the Nation was 43.3 
percent, up 15.5 percent from 1990. An estimated 56 percent of Navajo 
families live below the poverty level, with a per capita annual income 
of just $5,759.
  The lack of employment opportunities, low industrialization, slow 
development, insufficient infrastructure, weak economy, and difficulty 
in obtaining homesites and housing are causing many Navajo people to 
relocate to urban areas.
  The Navajo Nation is looking for ways to reform its regulations to 
make it easier to attract and retain new businesses, and to create jobs 
that will improve the standard of living of Navajo people. The reforms 
in the Navajo National Trust Land Leasing Act will give the Nation some 
of the tools it needs to succeed in that regard.
  Mr. President, the bill incorporates suggestions made by both the 
Navajo Nation and the Department of the Interior. There is one 
provision, though, that I will ask the Nation and the Department to 
review and provide further input. That is paragraph three of the 
proposed new Section 415(e) of title 25 of the U.S. Code.
  As introduced, the bill gives the Secretary of the Interior the 
authority to approve or disapprove the Navajo Nation regulations under 
which the tribe will subsequently consider and approve leases of trust 
land. The Nation understandably wants to ensure that the Secretary acts 
promptly on the regulations once they are submitted. We do not intend 
that the Secretary should be able to veto the regulations through 
inaction.
  One way to address that concern is through the imposition of some 
time limit for Secretarial review--maybe 30 days. Another way might be 
to establish criteria in the law for the Secretary to use in reviewing 
the Nation's regulations. That approach would give the Secretary some 
guidance as to how the regulations should be assessed. It would also 
give the Navajo Nation some assurance that objective criteria will 
guide the Secretary's action. If the regulations meet the criteria, the 
Secretary's ability to disapprove them would be limited.
  As I said, I will be asking both the Interior Department and the 
Nation for their further recommendations about these various 
approaches. The bill language on Secretarial approval or disapproval 
should, therefore, be considered open to change.
  I ask unanimous consent that the text of the bill be printed in the 
Record at the conclusion of my remarks, and I look forward to early 
action on the legislation:

[[Page 9379]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2665

       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 ``Navajo Nation Trust Land 
     Leasing Act of 2000''.

     SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.

       (a) Findings.--Recognizing the special relationship between 
     the United States and the Navajo nation and its members, and 
     the Federal responsibility to the Navajo people, Congress 
     finds that--
       (1) the third clause of section 8, Article I of the United 
     States Constitution provides that ``The Congress shall have 
     Power...to regulate Commerce...with Indian tribes'', and, 
     through this and other constitutional authority, Congress has 
     plenary power over Indian affairs;
       (2) Congress, through statutes, treaties, and the general 
     course of dealing with Indian tribes, has assumed the 
     responsibility for the protection and preservation of Indian 
     tribes and their resources;
       (3) the United States has a trust obligation to guard and 
     preserve the sovereignty of Indian tribes in order to foster 
     strong tribal governments, Indian self-determination, and 
     economic self-sufficiency;
       (4) pursuant to the first section of the Act of August 9, 
     1955 (25 U.S.C. 415), Congress conferred upon the Secretary 
     of the Interior the power to promulgate regulations governing 
     tribal leases and to approve tribal leases for tribes 
     according to regulations promulgated by the Secretary;
       (5) the Secretary of the Interior has promulgated the 
     regulations described in paragraph (4) at part 162 of title 
     25, Code of Federal Regulations;
       (6) the requirement that the Secretary approve leases for 
     the development of Navajo trust lands has added a level of 
     review and regulation that does not apply to the development 
     of non-Indian land; and
       (7) in the global economy of the 21st Century, it is 
     crucial that individual leases of Navajo trust lands not be 
     subject to Secretarial approval and that the Navajo Nation be 
     able to make immediate decisions over the use of Navajo trust 
     lands.
       (b) Purposes.--The purposes of this Act are as follows:
       (1) To establish a streamlined process for the Navajo 
     Nation to lease trust lands without having to obtain the 
     approval of the Secretary of the Interior of individual 
     leases, except leases for exploration, development, or 
     extraction of any mineral resources.
       (2) To authorize the Navajo nation, pursuant to tribal 
     regulations, which must be approved by the Secretary, to 
     lease Navajo trust lands without the approval of the 
     Secretary of the Interior of the individual leases, except 
     leases for exploration, development, or extraction of any 
     mineral resources.
       (3) To revitalize the distressed Navajo Reservation by 
     promoting political self-determination, and encouraging 
     economic self-sufficiency, including economic development 
     that increases productivity and the standard of living for 
     members of the Navajo Nation.
       (4) To maintain, strengthen, and protect the Navajo 
     Nation's leasing power over Navajo trust lands.
       (c) Definitions.--In this section:
       (1) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given such term in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)).
       (2) Navajo nation.--The term ``Navajo Nation'' means the 
     Navajo Nation government that is in existence on the date of 
     enactment of this Act.
       (3) Tribal regulations.--The term ``tribal regulations'' 
     means the Navajo Nation regulations as enacted by the Navajo 
     Nation Council or its standing committees and approved by the 
     Secretary.

     SEC. 3. LEASE OF RESTRICTED LANDS FOR THE NAVAJO NATION.

       The first section of the Act of August 9, 1955 (25 U.S.C. 
     415) is amended--
       (1) in subsection (d)--
       (A) in paragraph (1), by striking ``and'' at the end;
       (B) in paragraph (2), by striking the period and inserting 
     a semicolon; and
       (C) by adding at the end the following:
       ``(3) the term `individually owned Navajo Indian allotted 
     lands' means Navajo Indian allotted land that is owned by 1 
     or more individuals located within the Navajo Nation;
       ``(4) the term `Navajo Nation' means the Navajo Nation 
     government that is in existence on the date of enactment of 
     this Act;
       ``(5) the term `Secretary' means the Secretary of the 
     Interior; and
       ``(6) the term `tribal regulations' means the Navajo Nation 
     regulations as enacted by the Navajo Nation Council or its 
     standing committees and approved by the Secretary.''; and
       (2) by adding at the end the following:
       ``(e)(1) Any leases by the Navajo Nation for purposes 
     authorized under subsection (a), except a lease for the 
     exploration, development, or extraction of any mineral 
     resources, shall not require the approval of the Secretary if 
     the term of the lease does not exceed 75 years (including 
     options to renew), and the lease is executed under tribal 
     regulations that are approved by the Secretary under this 
     subsection.
       ``(2) Paragraph (1) shall not apply to individually owned 
     Navajo Indian allotted land located within the Navajo Nation.
       ``(3) The Secretary shall have the authority to approve or 
     disapprove tribal regulations required under paragraph (1). 
     The Secretary shall not have approval authority over 
     individual leases of Navajo trust lands, except for the 
     exploration, development, or extraction of any mineral 
     resources. The Secretary shall perform the duties of the 
     Secretary under this subsection in the best interest of the 
     Navajo Nation.
       ``(4) If the Navajo Nation has executed a lease pursuant to 
     tribal regulations required under paragraph (1), the United 
     states shall not be liable for losses sustained by any party 
     to such lease, including the Navajo Nation, except that--
       ``(A) the Secretary shall continue to have a trust 
     obligation to ensure that the rights of the Navajo Nation are 
     protected in the event of a violation of the terms of any 
     lease by any other party to such lease, including the right 
     to cancel the lease if requested by the Navajo Nation; and
       ``(B) nothing in this subsection shall be construed to 
     absolve the United States from any responsibility to the 
     Navajo Nation, including responsibilities that derive from 
     the trust relationship and from any treaties, Executive 
     Orders, or agreements between the United States and the 
     Navajo Nation, except as otherwise specifically provided in 
     this subsection.''.

  Mr. DOMENICI. Mr. President, I am pleased to join Senator Kyl today 
in introducing a bill to remove a major impediment to business 
development on the Navajo Nation. Our bill will accelerate the long and 
arduous process now in place for obtaining a business site lease on the 
Navajo Nation. For years I have heard case after case of large and 
small businesses waiting from two years to four years, and longer, for 
such a lease. Delays occur in both the tribal and the Bureau of Indian 
Affairs (BIA) lease approval processes.
  This dual process exists as a direct result of the U.S. Government's 
trust responsibility for Indian reservation lands. In study after study 
for the past three decades, the tediously slow and cumbersome land 
leasing process on the Navajo Nation has been identified as a major 
obstacle to attracting new private business ventures.
  In our search for ways to encourage more private enterprise for 
Navajos, I encouraged and sponsored the Navajo Economic Summit in 
Tohatchi, New Mexico in 1987. Again, many of our key speakers from the 
business world reminded us that the Navajo Nation itself, and its 
protective federal agency, the BIA, needed to find a better way to make 
land available for private enterprises.
  Along another avenue of encouraging businesses to go to, or expand on 
the Navajo Nation, I cosponsored legislation by Senators Inouye and 
McCain that was incorporated into the Omnibus Budget Reconciliation Act 
of 1993. In Sections 13321 and 13322 of that Act, we were able to enact 
generous wage tax credits and accelerated depreciation for businesses 
that chose to locate or expand on America's Indian reservations. 
Despite the availability of a wage tax credit for every eligible Indian 
hired, many businesses still viewed the complexity of Indian courts and 
land allocation methods as comparable third world nations.
  Business has not flocked to the Navajo Nation, although many tribes 
around the country have taken advantage of this wage tax credit. Our 
incentives allow a direct credit off-taxes owed at the rate of 20 
percent of the first $20,000 paid in wages and health insurance for 
every Indian hired. In addition, all investments from infrastructure to 
computers were given accelerated depreciation rates, about one-third 
faster than non-reservation investments.
  The Navajo Nation is our Nation's largest Indian reservation in both 
area and population. About 200,000 Navajos live on a reservation that 
straddles four States and is slightly larger than the entire state of 
West Virginia. Unfortunately, the poverty rate is high, unemployment 
hovers around 40 percent year after year, and private sector jobs are 
all too rare. Sadly, the time lag for obtaining a new land lease also 
remains painstakingly slow.
  I commend Navajo President Kelsey Begaye for his interest in 
encouraging

[[Page 9380]]

a better system for making land available for businesses and other 
purposes. Although other incentives like access to State and Federal 
courts will still be needed, a faster land lease will go a long way to 
encourage more business activity.
  Our bill will establish a streamlined process for the Navajo Nation 
to lease trust lands without having to obtain the approval of the 
Interior for individual leases. The exception is exploration, 
development, or extraction of any mineral resources. These types of 
leases will still require Secretarial approval.
  The Secretary of Interior would be required to approve the 
regulations adopted by the Navajo Nation to implement this new leasing 
authority. Once approved, the Navajo Nation would have regulatory 
authority to finalize land leases that do not exceed 75 years. They 
will be able to do this without having to be second guessed by the BIA 
in a follow-up process that always adds months, and sometimes years, to 
the process.
  The trust obligation of the Secretary of Interior would remain in 
place. The Navajo Nation, would, in effect, be acting as an agent of 
the Secretary. By eliminating the need for Secretarial (BIA) review of 
its land leasing decisions, however, our legislation will allow a more 
efficient land leasing system to be put in place.
  I am confident that President Begaye's Administration will work hard 
to reduce the time the Navajo Nation itself now takes to issue a lease. 
Without the follow-up review by the BIA, the potential business 
applicant will be able to open up months sooner.
  Rather than getting caught in a blame game, a new lease applicant 
will be able to focus on a single process for obtaining a land lease, 
and the Navajo Nation will be the responsible party for delays. Again, 
I admire the courage of President Begaye's Administration for its 
willingness to accept this responsibility and to encourage more private 
sector business activity on the largest Indian reservation in our 
country.
  I believe this initiative will encourage the Navajo Nation to be more 
business friendly. I urge my colleagues to join us in allowing the 
Navajo Nation to fully accept the responsibility for creating a single 
track land leasing system in place of the dual system now required.
                                 ______
                                 
      By Mr. REID:
  S. 2666. A bill to secure the Federal voting rights of persons who 
have fully served their sentences, including parole and probation, and 
for other purposes; to the Committee on the Judiciary.


                    civic participation act of 2000

  Mr. REID. Mr. President. I rise today to introduce the Civic 
Participation Act of 2000. This legislation would guarantee that 
individuals who have fully served their sentences have the right to 
vote in Federal elections.
  The right to vote in a democracy is the most basic act of 
citizenship. It is a right that may not be abridged or denied by the 
United States, or any State, on account of race, color, gender or 
previous condition of servitude. This fundamental right is truly the 
most glaring example of a free society.
  I can't help but think of Nelson Mandela's perspective on the right 
to vote. One would think that the most significant day in Mr. Mandela's 
life would have been the day he walked out of a South African prison 
after more than 27 years behind bars. Or perhaps, it might be the day 
he assumed the Presidency of post-apartheid South Africa. In fact, Mr. 
Mandela has said that the most important day in his life was the day he 
voted for the first time.
  Mr. President, I am troubled that many people in this country are 
denied the right to vote, even when any sentence of imprisonment, 
parole or probation has been fully completed. Additionally, many 
individuals who have fully served their sentences and wish to regain 
their right to vote, must petition a pardon board, their State 
Governors, or even, in some States, must obtain a Presidential pardon. 
Few people have the financial or political resources needed to succeed 
in such efforts.
  Furthermore, the denial of suffrage disproportionately affects ethnic 
minorities. Recent studies have indicated that an estimated thirteen 
percent of adult African-American males are unable to vote as a result 
of varying state disenfranchisement laws. This is even more troubling 
when we consider that voter turnout, especially among America's youth, 
is at a record low. As elected officials who have been given the 
privilege to serve by our fellow Americans, we need to recognize that 
the strength of a democracy depends upon the voluntary participation of 
its citizens.
  Mr. President, let me be clear. Criminal activity must be punished. 
Stiff and appropriate sentences should be imposed upon those who 
violate our laws. However, we should not be disenfranchising those 
citizens who have fully completed their prescribed sentences, 
especially when those citizens should be reintegrated into society and 
our citizen-dependent democracy.
  I want to make it perfectly clear that this legislation, in no way, 
extends voting rights to prisoners. In fact, my colleagues in the 
Senate know that I have led the fight in this body against frivolous 
lawsuits filed by prisoners. Furthermore, this legislation does not 
extend voting rights to persons on parole or probation. This 
legislation simply states that anyone who has successfully, and 
completely, served their entire sentence, including any parole and 
probation, may not be denied the right to vote.
  Finally, this legislation would apply only to Federal elections, 
thereby protecting the rights of individual States to establish voting 
procedures for State elections.
  In conclusion, Mr. President, I want to reiterate that this 
legislation is narrowly drafted to guarantee one of the most 
fundamental rights of citizens of our democracy, and I urge my 
colleagues to support this worthy endeavor.
                                 ______
                                 
      By Mr. WARNER (for himself, Mr. Kennedy, Mr. Sarbanes, Mr. 
        Jeffords, Mr. Robb, and Mr. Leahy):
  S. 2667. A bill to designate the Washington Opera in Washington, 
D.C., as the National Opera; to the Committee on Governmental Affairs.


 designating the washington opera in washington, d.c., as the national 
                                 opera

  Mr. WARNER. Mr. President, I am pleased to introduce legislation 
today with Senator Kennedy, Senator Sarbanes, Senator Jeffords, and 
Senator Robb to designate the Washington Opera as the National Opera.
  The Washington Opera has been an innovative leader in bringing to the 
metropolitan Washington area exceptional performances since 1956. The 
company has enjoyed tremendous success in the community over the years. 
Since 1980, the company has grown from 16 performances of four operas 
to 80 performances of eight operas for the 2000 season.
  Mr. President, the purpose of this legislation is to recognize in our 
nation's capital an opera of national significance. Let me be clear to 
my colleagues that this legislation does not extend any Federal 
responsibilities or obligation for funding to the Washington Opera. It 
would not become part of any Federal activity. Today, the Washington 
Opera enjoys a contractual relationship with the Kennedy Center for the 
Performing Arts for use of its facilities. It is not affiliated with 
the Kennedy Center in any way other than being named as the resident 
opera company. This is an honorary designation, but there is no 
financial support for the opera from the Kennedy Center.
  The legislation is only intended as a means of recognition of opera 
in our Nation's capital and its mission to bring to the nation a forum 
to highlight our musical heritage. Under its new name, the National 
Opera will bring contained performances of American opera to the stage.
  The history of the Washington Opera and its commitment to bringing 
opera as an art form to the Washington area community is to be 
commended. The Washington Opera's Education and Community Programs are 
dedicated to educating future audiences and making the experience of 
opera more available

[[Page 9381]]

to residents of the region. Since 1992, over 150,000 students have 
participated in these programs. Today, there are over 22 programs that 
provide performance experiences, curriculum activities, in-school 
artist visits, professional development opportunities for teachers and 
young artists, and other activities that bring opera into our schools 
and communities.
  Mr. President, with this national recognition comes the obligation 
for the Washington Opera to undertake additional programs to serve a 
larger national audience, expand community outreach for underprivileged 
youth, and other missions that embody a larger national presence. I am 
confident that the opera will enthusiastically accept this challenge.
  I ask unanimous consent that the text of my legislation appear in the 
Record following my statement.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2667

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

     SECTION 1. DESIGNATION.

       The Washington Opera, organized under the laws of the 
     District of Columbia, is designated as the ``National 
     Opera''.

     SEC. 2. REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the Washington Opera 
     referred to in section 1 shall be deemed to be a reference to 
     the ``National Opera''.
                                 ______
                                 
      By Mr. GRAHAM (for himself and Mr. Smith of Oregon):
  S. 2668. A bill to amend the Immigration and Nationality Act to 
improve procedures for the adjustment of status of aliens, to reduce 
the backlog of family-sponsored aliens, and for other purposes; to the 
Committee on the Judiciary.


       family, work and immigrant integration amendments of 2000

 Mr. GRAHAM. Mr. President, I rise today to introduce 
bipartisan immigration legislation that will have a tremendous impact 
on thousands of families in the United States.
  I am very pleased to be working with my colleague, Gordon Smith of 
Oregon, on this effort.
  There are several reasons for the introduction of this legislation.
  1. It corrects past injustices.
  Many of the immigrants helped by this legislation have been active, 
productive, hard-working members of our community for many years.
  For example, the majority of Central Americans helped by this 
legislation have been in the United States since the early 1980s, when 
they fled tyranny and turmoil in their home countries.
  The were welcomed into our nation by President Ronald Reagan.
  These Central American nationals were made retroactively deportable 
by the 1996 immigration bill.
  This legislation provides a state option to help legal immigrant 
children get needed health care.
  The 1996 welfare bill deprived vulnerable, legal children from 
benefits.
  This change is good public policy, from a health care perspective, an 
immigration perspective and a humanitarian perspective.
  2. It is pro-family.
  This legislation will speed the process that reunites family members.
  It has been over ten years since the limits on family immigration 
were adjusted. This has resulted in waiting periods that could last 
years to bring immediate family members together.
  Spouses and children would have an easier time in obtaining visas to 
visit their loved ones through this legislation.
  In current practice, it is often very difficult to travel to visit 
legal residents in the United States while their immigration documents 
are pending--our legislation would ease the bureaucracy to allow 
families to be together for the events that shape their lives.
  3. It is pro-business.
  Congress has focused this session on increasing the number of high-
tech workers for U.S. companies. I have long been supportive of that 
proposal.
  Protections are in place for U.S. workers, and American business has 
the resources needed to keep our economy booming.
  This legislation is pro-business in two ways.
  It builds the pool of legal workers available by swifter family 
reunification.
  And it offers an avenue for those workers who are already here and 
working to remain here.
  They can stay here, and increase the productivity of our nation's 
businesses, or they can leave and work for foreign competitors.
  I want them to stay.
  Alan Greenspan agrees.
  He has said during a House Banking and Financial Services Committee 
meeting in July of last year:

       Aggregated demand is putting very significant pressures on 
     an ever-decreasing supply of unemployed labor. The one 
     obvious means that we can use to offset that is expanding the 
     number of people we allow in. . . . I think in reviewing our 
     immigration laws in the context of the type of economy which 
     we will be enjoying in the decade ahead is clearly on the 
     table. . . .
     4. Its omnibus nature allows groups to work together toward a 
         common goal
  All sides win in this equation.
  Families. Children. Business. Our economy
  By combining forces, groups that care about these issues can work 
together toward a comprehensive, prudent, rational immigration policy.
  These coalitions are already being built.
  I would like to submit a letter from May 16, 2000 from Jack Kemp, 
Henry Cisneros, and a wide range of business, religious, labor and 
immigrant advocacy groups endorsing components of this legislation.
  This is a wonderful example of groups at the national and local level 
coalescing together around pro-family, pro-business, pro-justice 
ideals.
  Our current immigration debates have had the negative effect of 
pitting one segment of our society against another, and pitting one 
nationality against another.
  In the past . . . the debate has been if businesses get more workers, 
family reunification will suffer.
  Nicaraguans and Cubans receive a swifter and more generous 
immigration status than similarly situated Central American and 
Caribbean nationals.
  No one wins if these divides remain.
  All of us win if we can work together and strengthen our nation by 
correcting past injustices, reuniting families and providing American 
businesses with the workers they desperately need.
  I urge my colleagues to support this measure.
  Since the bill covers many issues, I would like to submit a summary 
of the legislation for the Record along with the test and a supporting 
letter.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2668

       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 ``Family, Work and Immigrant 
     Integration Amendments of 2000''.

              TITLE I--CENTRAL AMERICAN AND HAITIAN PARITY

     SEC. 101. SHORT TITLE.

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

     SEC. 102. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS FROM EL 
                   SALVADOR, GUATEMALA, HONDURAS, AND HAITI.

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

     SEC. 103. 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

[[Page 9382]]

     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 section 402 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. 104. 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, in the unreviewable discretion of 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 section 402 of this Act.

     SEC. 105. 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 1999;'';
       (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 1999; 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. 106. TECHNICAL AMENDMENTS TO THE HAITIAN REFUGEE 
                   IMMIGRATION FAIRNESS ACT OF 1998.

       (a) In General.--Section 902 of the Haitian Refugee 
     Immigration Fairness Act of 1998 is amended--
       (1) in subsection (a)--
       (A) by inserting before the period at the end of paragraph 
     (1)(B) the following: ``, and the Attorney General may waive 
     the grounds of inadmissibility specified in section 212(a) 
     (1)(A)(i) and (6)(C) of such Act for humanitarian purposes, 
     to assure family unity, or when it is otherwise in the public 
     interest'';
       (B) by redesignating paragraph (2) as paragraph (3);
       (C) by inserting after paragraph (1) the following:
       ``(2) Inapplicability of certain provisions.--In 
     determining the eligibility of an alien described in 
     subsection (b) or (d) for either adjustment of status under 
     this section or other relief necessary to establish 
     eligibility for such adjustment, or for permission to reapply 
     for admission to the United States for the purpose of 
     adjustment of status under this section, the provisions of 
     section 241(a)(5) of the Immigration and Nationality Act 
     shall not apply. In addition, an alien who would otherwise be 
     inadmissible pursuant to section 212(a)(9) (A) or (C) of such 
     Act may apply for the Attorney General's consent to reapply 
     for admission without regard to the requirement that the 
     consent be granted prior to the date of the alien's 
     reembarkation at a place outside the United States or attempt 
     to be admitted from foreign contiguous territory, in order to 
     qualify for the exception to those grounds of inadmissibility 
     set forth in section 212(a)(9) (A)(iii) and (C)(ii) of such 
     Act.''; and
       (D) by amending paragraph (3) (as redesignated by 
     subparagraph (B)) to read as follows:
       ``(3) Relationship of application to certain orders.--An 
     alien present in the United States who has been ordered 
     excluded, deported, removed, or ordered to depart voluntarily 
     from the United States under any provision of the Immigration 
     and Nationality Act may, notwithstanding such order, apply 
     for adjustment of status under paragraph (1). Such an alien 
     may not be required, as a condition of submitting or granting 
     such application, to file a separate motion to reopen, 
     reconsider, or vacate such order. Such an alien may be 
     required to seek a stay of such an order in accordance with 
     subsection (c) to prevent the execution of that order pending

[[Page 9383]]

     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 1999;'';
       (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 1999; 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. 107. 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.

 TITLE II--FILING DEADLINES FOR ADJUSTMENT OF STATUS OF CERTAIN CUBAN, 
                   NICARAGUAN, AND HAITIAN NATIONALS

     SEC. 201. EXTENSION OF FILING DEADLINES FOR APPLICATIONS FOR 
                   ADJUSTMENT OF STATUS OF CERTAIN CUBAN, 
                   NICARAGUAN, AND HAITIAN NATIONALS.

       (a) Nicaraguan Adjustment and Central American Relief 
     Act.--Notwithstanding the expiration of the application 
     filing deadline in section 202(a)(1) of the Nicaraguan 
     Adjustment and Central American Relief Act (as contained in 
     Public Law 105-100; 8 U.S.C. 1255 note), a Cuban or 
     Nicaraguan national who is otherwise eligible for adjustment 
     of status under that section may apply for that status 
     through the date that is one year after the date of 
     promulgation by the Attorney General of final regulations for 
     the implementation of that section.
       (b) Haitian Refugee Immigration Fairness Act.--
     Notwithstanding the expiration of the application filing 
     deadline in section 902(a) of the Haitian Refugee Immigration 
     Fairness Act of 1998 (as added by section 101(h) of division 
     A of Public Law 105-277), a Haitian national who is otherwise 
     eligible for adjustment of status under that section may 
     apply for that status through the date that is one year after 
     the date of promulgation by the Attorney General of final 
     regulations for the implementation of that section.
            TITLE III--LIBERIAN REFUGEE IMMIGRATION FAIRNESS

     SEC. 301. SHORT TITLE.

       This title may be referred to as the ``Liberian Refugee 
     Immigration Fairness Act of 2000''.

     SEC. 302. ADJUSTMENT OF STATUS.

       (a) Adjustment of Status.--
       (1) In general.--
       (A) Eligibility.--The Attorney General shall adjust the 
     status of an alien described in subsection (b) to that of an 
     alien lawfully admitted for permanent residence, if the 
     alien--
       (i) applies for adjustment before April 1, 2004; and
       (ii) is otherwise eligible to receive an immigrant visa and 
     is otherwise admissible to the United States for permanent 
     residence, except that, in determining such admissibility, 
     the grounds for inadmissibility specified in paragraphs (4), 
     (5), (6)(A), and (7)(A) of section 212(a) of the Immigration 
     and Nationality Act shall not apply.
       (B) Ineligible aliens.--An alien shall not be eligible for 
     adjustment of status under this section if the Attorney 
     General finds that the alien has been convicted of--
       (i) any aggravated felony (as defined in section 101(a)(43) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(43)); or
       (ii) two or more crimes involving moral turpitude.
       (2) 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), if otherwise 
     qualified under that paragraph. Such an alien may not be 
     required, as a condition on submitting or granting such 
     application, to file a separate motion to reopen, reconsider, 
     or vacate such order. If the Attorney General grants the 
     application, the Attorney General shall cancel the order. If 
     the Attorney General makes a final decision to deny the 
     application, the order shall be effective and enforceable to 
     the same extent as if the application had not been made.
       (b) Aliens Eligible for Adjustment of Status.--
       (1) In general.--The benefits provided by subsection (a) 
     shall apply to any alien--
       (A) who is--
       (i) a national of Liberia; and
       (ii) has been continuously present in the United States 
     from January 1, 1999, through the date of application under 
     subsection (a); or
       (B) who is the spouse, child, or unmarried son or daughter 
     of an alien described in subparagraph (A).
       (2) Determination of continuous physical presence.--For 
     purposes of establishing the period of continuous physical 
     presence referred to in paragraph (1), an alien shall not be 
     considered to have failed to maintain continuous physical 
     presence by reasons of an absence, or absences, from the 
     United States

[[Page 9384]]

     for any period or periods amounting in the aggregate to not 
     more than 180 days.
       (c) Stay of Removal.--
       (1) In general.--The Attorney General shall provide by 
     regulation for an alien who is subject to a final order of 
     deportation or removal or exclusion to seek a stay of such 
     order based on the filing of an application under subsection 
     (a).
       (2) During certain proceedings.--Notwithstanding any 
     provision of the Immigration and Nationality Act, the 
     Attorney General shall not order an alien to be removed from 
     the United States if the alien is in exclusion, deportation, 
     or removal proceedings under any provision of such Act and 
     has applied for adjustment of status under subsection (a), 
     except where the Attorney General has made a final 
     determination to deny the application.
       (3) Work authorization.--The Attorney General may authorize 
     an alien who has applied for adjustment of status under 
     subsection (a) to engage in employment in the United States 
     during the pendency of such application and may provide the 
     alien with an ``employment authorized'' endorsement or other 
     appropriate document signifying authorization of employment, 
     except that, if such application is pending for a period 
     exceeding 180 days and has not been denied, the Attorney 
     General shall authorize such employment.
       (d) Record of Permanent Residence.--Upon approval of an 
     alien's application for adjustment of status under subsection 
     (a), the Attorney General shall establish a record of the 
     alien's admission for permanent record as of the date of the 
     alien's arrival in the United States.
       (e) Availability of Administrative Review.--The Attorney 
     General shall provide to applicants for adjustment of status 
     under subsection (a) the same right to, and procedures for, 
     administrative review as are provided to--
       (1) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act; or
       (2) aliens subject to removal proceedings under section 240 
     of such Act.
       (f) Limitation on Judicial Review.--A determination by the 
     Attorney General as to whether the status of any alien should 
     be adjusted under this section is final and shall not be 
     subject to review by any court.
       (g) No Offset in Number of Visas Available.--Whenever an 
     alien is granted the status of having been lawfully admitted 
     for permanent residence pursuant to this section, the 
     Secretary of State shall not be required to reduce the number 
     of immigrant visas authorized to be issued under any 
     provision of the Immigration and Nationality Act.
       (h) Application of Immigration and Nationality Act 
     Provisions.--Except as otherwise specifically provided in 
     this title, the definitions contained in the Immigration and 
     Nationality Act shall apply in the administration of this 
     section. Nothing contained in this title shall be held to 
     repeal, amend, alter, modify, effect, or restrict the powers, 
     duties, function, or authority of the Attorney General in the 
     administration and enforcement of such Act or any other law 
     relating to immigration, nationality, or naturalization. The 
     fact that an alien may be eligible to be granted the status 
     of having been lawfully admitted for permanent residence 
     under this section shall not preclude the alien from seeking 
     such status under any other provision of law for which the 
     alien may be eligible.

    TITLE IV--INCREASED FLEXIBILITY IN EMPLOYMENT-BASED IMMIGRATION

     SEC. __401. 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, any alien who--
       (1) is the beneficiary of a petition filed under section 
     204(a) for a preference status under paragraph (1), (2), or 
     (3) of section 203(b); and
       (2) is eligible to be granted that status but for 
     application of the per country limitations applicable to 
     immigrants under those paragraphs,
     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. __402. 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, subsequent to such lawful admission, has not 
     been employed without authorization in the United States 
     before the filing of such petition.''.
       (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. __403. 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 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 the Immigration and Nationality Act on 
     whose behalf a petition under section 204(b) to accord the 
     alien immigrant status under section 203(b), or an 
     application for adjustment of status under section 245 to 
     accord the alien status under 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 section 203(b)); or
       (2) the filing of the petition under 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.
       (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

[[Page 9385]]

     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 made 
     available 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)).

                 TITLE V--RESTORATION OF SECTION 245(i)

     SEC. 501. 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).

                        TITLE VI--REGISTRY DATES

     SEC. 601. SHORT TITLE.

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

     SEC. 602. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE 
                   CASE OF CERTAIN ALIENS.

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

     SEC. 701. FAMILY BACKLOG REDUCTION.

       (a) Worldwide Level of Family-Sponsored Immigrants.--
     Notwithstanding section 201(a)(1) of the Immigration and 
     Nationality Act, the number of aliens who may be issued 
     immigrant visas or who may otherwise acquire the status of an 
     alien lawfully admitted for permanent residence as a family-
     sponsored immigrant described in section 203(a) of such Act 
     (or who are admitted under section 211(a) of such Act on the 
     basis of a prior issuance of a visa to their accompanying 
     parent under such section 203(a)) in any fiscal year is 
     limited to--
       (1) the number provided for in section 201(a)(1) of such 
     Act, plus
       (2) 200,000 for fiscal year 2001 and each fiscal year 
     thereafter.
       (b) Per Country Levels for Family-Sponsored Immigrants.--
     (1) Notwithstanding section 202(a)(2) of the Immigration and 
     Nationality Act, the total number of immigrant visas made 
     available to natives of any single foreign state or dependent 
     area under subsections (a) and (b) of section 203 of that Act 
     in any fiscal year may not exceed the sum of--
       (A) the number specified in section 202(a)(2) of that Act, 
     plus
       (B) the number computed under paragraph (2).
       (2) The number computed under this paragraph is--
       (A) 33 percent of the number computed under section 
     202(a)(2) of that Act for each of fiscal years 2001, 2002, 
     2003, 2004, and 2005, or
       (B) 25 percent of the number computed under section 
     202(a)(2) for each fiscal year thereafter.
       (c) Authorization of Appropriations.--(1) There are 
     authorized to be appropriated to the Department of Justice 
     and the Department of State such sums as may be necessary to 
     provide for the additional visa issuances and admissions 
     authorized under subsection (a).
       (2) There are authorized to be appropriated to the 
     Department of Justice such sums as may be necessary to 
     process backlog adjudications of the Immigration and 
     Naturalization Service.

                 TITLE VIII--ALIEN CHILDREN PROTECTION

     SEC. 801. SHORT TITLE.

       This Act may be cited as the ``Alien Children Protection 
     Act of 2000''.

     SEC. 802. USE OF APPROPRIATE FACILITIES FOR THE DETENTION OF 
                   ALIEN CHILDREN.

       (a) In General.--Except as provided in subsection (b), in 
     the case of any alien under 18 years of age who is awaiting 
     final adjudication of the alien's immigration status and who 
     does not have a parent, guardian, or relative in the United 
     States into whose custody the alien may be released, the 
     Attorney General shall place such alien in a facility 
     appropriate for children not later than 72 hours after the 
     Attorney General has taken custody of the alien.
       (b) Exception.--The provisions of subsection (a) do not 
     apply to any alien under 18 years of age who the Attorney 
     General finds has engaged in delinquent behavior, is an 
     escape risk, or has a security need greater than that 
     provided in a facility appropriate for children.
       (c) Definition.--In this section, the term ``facility 
     appropriate for children'' means a facility, such as foster 
     care or group homes, operated by a private nonprofit 
     organization, or by a local governmental entity, with 
     experience and expertise in providing for the legal, 
     psychological, educational, physical, social, nutritional, 
     and health requirements of children. The term ``facility 
     appropriate for children'' does not include any facility used 
     primarily to house adults or delinquent minors.

     SEC. 803. ADJUSTMENT TO PERMANENT RESIDENT STATUS.

       Section 245 of the Immigration and Nationality Act (8 
     U.S.C. 1255) is amended by adding at the end the following:
       ``(l)(1) The Attorney General may, in the Attorney 
     General's discretion, adjust the status of an alien under 18 
     years of age who has no lawful immigration status in the 
     United States to that of an alien lawfully admitted for 
     permanent residence if--
       ``(A)(i) the alien (or a parent or legal guardian acting on 
     the alien's behalf) has applied for the status; and
       ``(ii) the alien has resided in the United States for a 
     period of 5 consecutive years; or
       ``(B)(i) no parent or legal guardian requests the alien's 
     return to the country of the parent's or guardian's domicile, 
     or with respect to whom the Attorney General finds that 
     returning the child to his or her country of origin would 
     subject the child to mental or physical abuse; and
       ``(ii) the Attorney General determines that it is in the 
     best interests of the alien to remain in the United States 
     notwithstanding the fact that the alien is not eligible for 
     asylum protection under section 208 or protection under 
     section 101(a)(27)(J).
       ``(2) The Attorney General shall make a determination under 
     paragraph (1)(B)(ii) based on input from a person or entity 
     that is not employed by or a part of the Service and that is 
     qualified to evaluate children and opine as to what is in 
     their best interest in a given situation.
       ``(3) Upon the approval of adjustment of status of an alien 
     under paragraph (1), the Attorney General shall record the 
     alien's lawful admission for permanent residence as of the 
     date of such approval, and the Secretary of State shall 
     reduce by one the number of visas authorized to be issued 
     under sections 201(d) and 203(b)(4) for the fiscal year then 
     current.
       ``(4) Not more than 500 aliens may be granted permanent 
     resident status under this subsection in any fiscal year.''.

     SEC. 804. ASSIGNMENT OF GUARDIANS AD LITEM TO ALIEN CHILDREN.

       (a) Assignment.--Whenever a covered alien is a party to an 
     immigration proceeding, the Attorney General shall assign 
     such covered alien a child welfare professional or other 
     individual who has received training in child welfare matters 
     and who is recognized by the

[[Page 9386]]

     Attorney General as being qualified to serve as a guardian ad 
     litem (in this section referred to as the ``guardian''). The 
     guardian shall not be an employee of the Immigration and 
     Naturalization Service.
       (b) Responsibilities.--The guardian shall ensure that--
       (1) the covered alien's best interests are promoted while 
     the covered alien participates in, or is subject to, the 
     immigration proceeding; and
       (2) the covered alien understands the proceeding.
       (c) Requirements on the Attorney General.--The Attorney 
     General shall serve notice of all matters affecting a covered 
     alien's immigration status (including all papers filed in an 
     immigration proceeding) on the covered alien's guardian.
       (d) Definition.--In this section, the term ``covered 
     alien'' means an alien--
       (1) who is under 18 years of age;
       (2) who has no lawful immigration status in the United 
     States and is not within the physical custody of a parent or 
     legal guardian; and
       (3) whom no parent or legal guardian requests the person's 
     return to the country of the parent's or guardian's domicile 
     or with respect to whom the Attorney General finds that 
     returning the child to his or her country of origin would 
     subject the child to physical or mental abuse.

     SEC. 805. SENSE OF CONGRESS.

       Congress commends the Immigration and Naturalization 
     Service for its issuance of its ``Guidelines for Children's 
     Asylum Claims'', dated December 1998, and encourages and 
     supports the Service's implementation of such guidelines in 
     an effort to facilitate the handling of children's asylum 
     claims.

     SEC. 806. GENERAL ACCOUNTING OFFICE REPORT.

       The Comptroller General of the United States shall prepare 
     a report to Congress regarding whether and to what extent 
     United States Embassy and consular officials are fulfilling 
     their obligation to reunify, on a priority basis, children in 
     foreign countries whose parent or parents are legally present 
     in the United States.
                     TITLE IX--BENEFITS RESTORATION

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Immigrant Children's 
     Health Improvement Act of 2000''.

     SEC. 902. OPTIONAL ELIGIBILITY OF CERTAIN ALIEN PREGNANT 
                   WOMEN AND CHILDREN FOR MEDICAID.

       (a) In General.--Subtitle A of title IV of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1611-1614) is amended by adding at the end the 
     following:

     ``SEC. 405. OPTIONAL ELIGIBILITY OF CERTAIN ALIENS FOR 
                   MEDICAID.

       ``(a) Optional Medicaid Eligibility for Certain Aliens.--A 
     State may elect to waive (through an amendment to its State 
     plan under title XIX of the Social Security Act) the 
     application of sections 401(a), 402(b), 403, and 421 with 
     respect to eligibility for medical assistance under the 
     program defined in section 402(b)(3)(C) (relating to the 
     medicaid program) of aliens who are lawfully residing in the 
     United States (including battered aliens described in section 
     431(c)), within any or all (or any combination) of the 
     following categories of individuals:
       ``(1) Pregnant women.--Women during pregnancy (and during 
     the 60-day period beginning on the last day of the 
     pregnancy).
       ``(2) Children.--Children (as defined under such plan), 
     including optional targeted low-income children described in 
     section 1905(u)(2)(B).''.
       (b) Applicability of Affidavits of Support.--Section 
     213A(a) of the Immigration and Nationality Act (8 U.S.C. 
     1183a(a)) is amended by adding at the end the following:
       ``(4) Inapplicability to benefits provided under a state 
     waiver.--For purposes of this section, the term `means-tested 
     public benefits' does not include benefits provided pursuant 
     to a State election and waiver described in section 405 of 
     the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996.''.
       (c) Conforming Amendments.--
       (1) Section 401(a) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a)) is 
     amended by inserting ``and section 405'' after ``subsection 
     (b)''.
       (2) Section 402(b)(1) of the Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1612(b)(1)) is amended by inserting ``, section 405,'' after 
     ``403''.
       (3) Section 403(a) of such Act (8 U.S.C. 1613(a)) is 
     amended by inserting ``section 405 and'' after ``provided 
     in''.
       (4) Section 421(a) of such Act (8 U.S.C. 1631(a)) is 
     amended by inserting ``except as provided in section 405,'' 
     after ``Notwithstanding any other provision of law,''.
       (5) Section 1903(v)(1) of the Social Security Act (42 
     U.S.C. 1396b(v)(1)) is amended by inserting ``and except as 
     permitted under a waiver described in section 405(a) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996,'' after ``paragraph (2),''.
       (d) Effective Date.--The amendments made by this section 
     take effect on October 1, 1999.

     SEC. 903. OPTIONAL ELIGIBILITY OF IMMIGRANT CHILDREN FOR 
                   SCHIP.

       (a) In General.--Section 405 of the Personal Responsibility 
     and Work Opportunity Reconciliation Act of 1996, as added by 
     section 102(a), is further amended--
       (1) in the heading, by inserting ``AND SCHIP'' before the 
     period; and
     Under that section may apply for that status through the date 
     that is one year after the date of promulgation by the 
     Attorney General of final regulations for the implementation 
     of that section.
  TITLE X--ADMISSION OF SPOUSES AND CHILDREN OF CERTAIN NONIMMIGRANTS

     SEC. 1001. ADMISSION OF CERTAIN ``B'' AND ``F'' VISA 
                   NONIMMIGRANTS WHO ARE SPOUSES OR CHILDREN OF 
                   UNITED STATES PERMANENT RESIDENT ALIENS.

       Section 212 of the Immigration and Nationality Act (8 
     U.S.C. 1182) is amended by adding at the end thereof the 
     following new subsection:
       ``(r)(1) Notwithstanding any other provision of law, no 
     alien--
       ``(A) who is--
       ``(i) the spouse or child of an alien lawfully admitted for 
     permanent residence to the United States; and
       ``(ii) not eligible to enter the United States as an 
     immigrant except by reason of being such a spouse or child; 
     and
       ``(B) who seeks admission to the United States for purposes 
     of visiting the permanent resident spouse or parent or for 
     studying in the United States; and
       ``(C) who is otherwise qualified;
     may be denied issuance of a visa, or may be denied admission 
     to the United States, as a nonimmigrant alien described in 
     section 101(a)(15)(B) who is coming to the United States 
     temporarily for pleasure or as a nonimmigrant alien described 
     in section 101(a)(15)(F).
       ``(2) Whenever an alien described in paragraph (1) seeks 
     admission to the United States as a nonimmigrant alien 
     described in section 101(a)(15)(B) who is coming temporarily 
     for pleasure or as a nonimmigrant alien described in section 
     101(a)(15)(F), the fact that a petition has been filed on the 
     alien's behalf for classification of the alien as an alien 
     lawfully admitted for permanent residence shall not 
     constitute evidence of the alien's intention to abandon his 
     or her foreign residence.''.
                                  ____


 The Family, Work and Immigrant Integration Amendments of 2000--Summary

       1. Central American and Haitian Parity: provides for 
     adjustment of status for Salvadorans, Guatemalans, Hondurans 
     and Haitians on the same terms as that extended to Cubans and 
     Nicaraguans in 1997 under NACARA.
       2. Extension of filing deadlines for applications for 
     adjustment of status of certain Cuban, Nicaraguan, and 
     Haitian nationals: extends the deadline to apply for 
     adjustment of status by one year after the date of issuance 
     of final NACARA regulations.
       3. Liberian Refugee Immigration Fairness: allows Liberian 
     refugees who have been continuously present in the US to 
     apply for adjustment of status.
       4. Increased Flexibility in Employment-Based Immigration: 
     eliminates per country limitation if additional visas are 
     available, increases portability of H-1B visas, encourages 
     swifter adjudication of petitions, and allows unused visas 
     from one year to be used the following year.
       5. Restoration of Section 245(i): restores the provision 
     permitting those who are out of status but otherwise eligible 
     for permanent residence to adjust their status in the United 
     States by paying a fine.
       6. 1986 Registry Date: updates the current registry date 
     from 1972 to 1986 that allows adjustment of status to all 
     persons of good character who have resided in the United 
     States prior to 1986. The registry date would be moved up one 
     year each for the next five years to 1991 in FY 2006.
       7. Backlog reduction for family-sponsored immigrants: would 
     provide additional visas for family members of citizens and 
     permanent residents to reduce backlogs in the family-based 
     immigration categories: 250,000 additional visas for three 
     years, 200,000 for two years and 150,000 permanently; per 
     country ceilings are raised proportionately.
       8. Alien Child Protection Act: provides unaccompanied or 
     orphaned children in the jurisdiction of the INS with several 
     protections. Among other things, it states that if a child is 
     detained, it must be in a child-appropriate facility. They 
     can have access to a guardian ad litem or similar advocate to 
     navigate through the immigration process.
       9. Benefits Restoration: restores modest benefits for legal 
     immigrants, including optional eligibility of certain 
     immigrants for Medicaid and optional eligibility of immigrant 
     children for SCHIP programs (state child health plans). 
     States would be given the option to provide Medicaid to all 
     children and pregnant women who are lawfully residing in the 
     US, regardless of when they arrived. Pregnant women would 
     remain eligible during the first 60 days after their 
     pregnancy. If a state elects the Medicaid option, it may also 
     provide all lawfully present children access to this CHIP 
     (state child health plan) program. Immigrant sponsors would

[[Page 9387]]

     not be required to pay back assistance provided to children 
     or pregnant women.
       10. Admission of spouses and children of certain 
     nonimmigrants: would allow spouses and children of permanent 
     residents who have green card applications pending to enter 
     the US with nonimmigrant student and/or visitor visas. 
     Hundreds of thousands can't get nonimmigrant student and/or 
     visitor visas now because of State Department interpretations 
     that if you have a green card application pending you are 
     presumed likely to overstay a temporary visa to visit the US 
     on a limited basis.
                                  ____

                                                     May 16, 2000.
       Dear Members of Congress. Today, as throughout American 
     history, immigrants have proven essential to the economic, 
     political and social development of our nation. Immigrants 
     make important contributions consistent with America's 
     fundamental values of family, work, justice and community.
       It is important that our immigration policies reflect these 
     values and ensure that all persons enjoy equal protection and 
     due process under the Constitution and laws of the land. Our 
     immigration policies should also be responsive to economic 
     needs and ensure appropriate protections and opportunities 
     for citizens and immigrants.
       Immigration reforms consistent with American values and 
     economic needs should be a high priority on the national 
     agenda this year.
       Currently, there is wide support in Congress for 
     immigration reforms to address the need to better educate and 
     train citizens and lawful immigrants now here, and to 
     increase the number of H-B visas to admit more highly-skilled 
     immigrants so as to meet the economic needs of certain 
     industries experiencing shortages of workers with these 
     skills. While we may differ on specific provisions of 
     proposed bills, we agree that appropriate skilled immigrant 
     admissions contribute to economic growth and job creation.
       The undersigned further believe that, in addition to 
     proposals on high skilled visas, the following issues 
     regarding persons already in the United States or awaiting 
     family reunification also warrant congressional action as 
     early as possible: 1) allow Salvadorans, Guatemalans, 
     Hondurans and Haitians to apply for adjustment of status on 
     the same terms as already provided to Cubans and Nicaraguans 
     in 1997; 2) allow adjustment of status to all persons of good 
     character who have resided in the United States and 
     established ties to American communities; 3) restore the 
     provision permitting those who are out of status but 
     otherwise eligible for permanent residence to adjust their 
     status in the United States; 4) reunite families by 
     establishing a program to provide additional visas for family 
     members of citizens and permanent residents so as to reduce 
     unacceptable backlogs and help stabilize the workforce.
       Other immigration reforms also deserve congressional 
     action, which will be addressed in further correspondence. We 
     believe that there is a broad consensus now that Congress 
     should enact the proposals noted above on a priority basis in 
     the national interest.
           Sincerely,


                              Individuals

     Henry Cisneros.
     Richard Gilder.
     Bill Ong Hing.
     Jack Kemp.
     Rick Swartz.


                         national organizations

       Americans for Tax Reform, Grover Norquist, President
       Center for Equal Opportunity, Linda Chavez, President
       Club for Growth, Steve Moore, President
       Empower America, J.T. Taylor, President
       Hotel Employees and Restaurant Employees Union, John 
     Wilhelm, President
       Service Employees International Union, Andrew Stern, 
     President
       United Farm Workers of America, AFL-CIO, Arturo Rodriguez, 
     President
       Union of Needletrades and Industrial Textile Employees 
     (UNITE), Jay Mazur, President
       American Immigration Lawyers Association, Jeanne 
     Butterfield, Executive Director
       Arab American Institute, James Zogby, President
       Dominican American National Roundtable, Victor Capellan, 
     President
       Haitian American Foundation, Inc., Leonie Hermantin, 
     Executive Director
       Immigrant Support Network, Shailesh Gala, President
       Lutheran Immigration and Refugee Services, Ralston 
     Deffenbaugh, President
       U.S. Catholic Conference/Migration and Refugee Services, 
     Most Reverend Bishop Nicholas DiMarzio, Chairman, National 
     Conference of Catholic Bishops' Committee on Migration
       National Asian Pacific American Legal Consortium, Karen 
     Narasaki, Executive Director
       National Association of Latino Elected and Appointed 
     Officials, Arturo Vargas, Executive Director
       National Coalition for Haitian Rights, Jocelyn McCalla, 
     Executive Director
       National Council of La Raza, Raul Yzaguirre, President
       National Farm Worker Ministry, Virginia Nesmith, Executive 
     Director
       National Immigration Forum, Frank Sharry, Executive 
     Director
       National Immigration Law Center, Susan Drake, Executive 
     Director
       National Puerto Rican Coalition, Manuel Mirabal, President/
     CEO
       New America Alliance, Tom Castro, President
       Polish American Congress, Edward Moskal, President
       Salvadoran American National Network, Oscar Chacon, 
     President
       Southeast Asian Resource Action Center, Ka Ying Yang, 
     Executive Director
       William C. Velasquez Institute, Antonio Gonzalez, President


                          local organizations

       Centro Presente, M. Elena Letona, Executive Director
       Centro Romero, Daisy Funes, Executive Director
       Haitian American Grassroots Coalition, Jean-Robert 
     Lafortune, Chairman
       Heartland Alliance for Human Needs & Human Rights, Sid 
     Mohn, President
       Immigrant Legal Resource Center, Mark Silverman
       Jewish Community Federation of San Francisco, the 
     Peninsula, Marin and Sonoma Counties, Wayne Feinstein, 
     Executive Vice President
       Los Angeles County Federation of Labor, Miguel Contreras, 
     Executive Secretary Treasurer
       New York Association for New Americans, Mark Handelman, 
     Executive Vice President
       New York Immigration Coalition, Margie McHugh, Executive 
     Director

                          ____________________